ML20206L873
| ML20206L873 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 06/23/1986 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | Keene B CALIFORNIA, STATE OF |
| References | |
| NUDOCS 8606300459 | |
| Download: ML20206L873 (6) | |
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WASHINGTON, D. C. 20655 4
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1 June 23, 1986 Docket No. 50-133 l
The Honorable Barry Keene State of California Senate Sacramento, California 95814
Dear Senator Keene:
3 extension of the public you requested a 60-day (DES) for decomissioning By letter dated May 29, 1986, coment period on the Draft Environmental Statement
>4 of the Humboldt Bay Power Plant, Unit No. 3.
You also req'uested a public i
hearing in the local area to allow maximum public comment on the DES.
l With respect to your request for a 60-day extension of the coment period, g
we have extended the coment period by that amount in response to similar requests from others. A copy of our notice to the Federal Register granting l
the 60-day extension is enclosed for your information. We agree that input il from members of the public and interested groups is an important part of the l
DES review process and that the additional 60 days will provide further i
opportunity for public comment.
! i With respect to your request for a hearing, however, the Nuclear Regulatory i
Comission will not be scheduling a hearing (i.e., public meeting) for the lp public to comment on the DES. As you know, we did have a public scoping meeting in Eureka, California, on December 4, 1984 to help establish the scope of the DES. We considered comments given by the public at that meeting, including your testimony presented by Ms. Murguia, in our prepara-tion of the DES.
4 Under 10 CFR Sections 51.73 and 51.74 of the Commission's regulations, DESs are distributed to various Federal, State and local agencies and other j
interested organizations and individuals and a minimum comment period of 45 days is provided. Pursuant to 10 CFR Sections 51.91, the Final Environmental Statement on the Humboldt Bay Plant decomissioning will include responses to the coments submitted to the NRC and may be modified in response to the submitted comments.
The public may also participate in the Commission's consideration of the proposed Decommissioning Plan by filing a petition for leave to intervene before a panel of three administrative judges.
In the near future, we will be publishing, in the Federal Register, a Notice of Opportunity for Hearing with respect to both environmental issues and safety issues related to the proposed Decommissioning Plan. The Notice will describe how interested persons may gain admission as parties to any adjudicatory proceeding that may be held on the proposed plan in accordance with 10 CFR Section 2.714 of the Comission's Rules of Practice. Parties to the proceeding may litigate specific concerns or " contentions" that meet certain basis and specificity requirements.
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ADOCK 05000133 i
The Honorable Barry Keene In addition, pursuant to 10 CFR Section 2.715, the presiding officer of the proceeding traditionally permits persons who are not parties to the proceeding to make limited appearances an'd to provide oral or written statements on the issues at the hearing within the limitations as may be fixed by the presiding officer.
Please refer to the enclosed copy of 10 CFR Sections 2.714 and 2.715 for further details on party and nonparty participation.
I hope this letter has been responsive to your request.
Sincerely, Herbert N. Berkow, Dire or Standardization and Spe al Projects Directorate Division of PWR Licensing-B
Enclosures:
As stated 9
June 23, 1986 The Honorable Barry Keene -
In addition, pursuant to 10 CFR Section 2.715, the presiding officer of the proceeding traditionally permits persons who are not parties to the proceeding to make limited appearances and to provide oral or written statements on the issues at the hearing within the limitations as may be fixed by the presiding officer.
Please refer to the enclosed copy of 10 CFR Sections 2.714 and 2.715 for further details on party and nonparty participation.
I hope this letter has been responsive to your request.
Sincerely, o
GM Herbert N. Berkow, Dir or Standardization and Special Projects Directorate Division of PWR Licensing-B
Enclosures:
As stated 4
.. DISTRIBUTION:,
4 1 Docket F11e NRC POR a
Local PDR SSPD Reading PNoonan PErickson i
Olynch HBerkow FMiraglia OELD
- SEE PREVIOUS CONCURRENCE SHEET DPWRL-B:SSPD* DPWRL-B:SSPD* DPWRL-B:SSPD* DPWRL-B:5SPD OELD*
DP
- DIR PNoonan PErickson 0 Lynch HBerkow [R MYoung FM ia 06/16/86 06/16/86 06/17/86 06/j3/86 06/19/86 06 86
The Honorable Barry Keene.
In addition, pursuant to 10 CFR Part 2.715, the presiding officer of the proceeding traditionally permits persons who are not parties to the proceeding to make limited appearances and to provide oral or written statements on the issues at the hearing within the limitations as may be fixed by the presiding officer.
Please refer to the enclosed copy of 10 CFR Parts 2.714 and 2.715 for further details on party and nonparty participation.
I hope this letter has been responsive to your request.
Sincerely, l
Herbert N. Berkow, Director Standardization and Special j
Projects Directorate Division of PWR Licensing-B
Enclosures:
As stated I
I DISTRIBUTION:
Docket File NRC PDR Local PDR SSPD Reading PNoonan PErickson
- j/
0 Lynch HBerkow Mi aglia 4f rt/g DPk-8:SSPD 6PW
.SSPD DPWRL-8:SSPD-DPWA SPD 0 ELD DPWRL-B:DIR
/hMm ; FMiraglia PN
'n PErickson 0 Lynch HBdr'ow v
/s/86 06/l(J /86 06//f/86 06/20/86 06//7/86 06/ /86 l
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET N0. 50-133 PACIFIC GAS AND ELECTRIC COMPANY DRAFT ENVIRONMENTAL STATEMENT FOR DECOMMISSIONING OF HUMBOLDT BAY POWER PLANT UNIT NO. 3 EXTENSION OF COMMENT PERIOD On April 28, 1986 (51 FR 15853), the NRC published a Notice entitled
" Availability of the Draft Environmental Statement for Decommissioning of j
Humboldt Bay Power Plant, Unit No. 3."
The comment period for this Draft Environmental Statement (DES) was to expire on June 16, 1986. Mr. Michael R.
Sherwood of the Sierra Club and Mr. James S. Adams of the Redwood Alliance, both from California, have requested a sixty day extension of the comment period. The need for a thorough review by the public and the importance.of the decommissioning issue was cited as justification for the requested extension. We agree that public comment on this DES is important and, therefore, an extension of sixty (60) days is granted. The extended comment period now expires August 15, 1986.
Comments submitted after this date will be considered if it is practical to do so but assurance of consideration cannot be given except as to comments submitted before this date.
t I
(,
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Comments on the DES from interested members of the public should be addressed to the U.S. Nuclear Regulatory Commission, Washington, D. C.
- 20555, Attention: John Philips, Chief, Rules and Procedures Branch, Division of Rules and Records, Office of Administration, 4000 MNBB.
Dated at Bethesda, Maryland this 6th day of June,1986.
FOR THE NUCLEAR REGULATORY COMMISSION Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of.PWR Licensing-B 1
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2.713tc) 2.714tf)
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS request a stay pursuant to peregraphs (c)(1)and(c)(4)of this section. A (b) Not later than fifteen (IS) days procee6ng may be eteyed for a prie to the holding of the special pse-reasonaUe time in order for en effected
' hearing conferense Inarmaamt to party to obtain other representation if 1888r"*80*e-l3.781a, er where 30 special prehear.
this would be necena to Prevent N) AnF perece whose interest ing conference is held, afteen W) amar be affected by a proceeding and days prior to the holding of the first in'ustice'one disciplined pursuant t (3J Any who desires to participate as a paMF prehearing eenforemos. the pouueng this section may wi ten f10) days h Mtten poudon forleave to shan fSe a =W to his A after issuance of the order file an appeal intervene. In a proceedlas nouced pur-to katervene which snust inchade a Msh with the Atomic Safety and IJcensing suant to 9 3.106, anF person whose in-of the contentages whlek IN Appeal Board or the Commission, es terest snaF be affected asF also re-seeks to have Mugated h the maatter, appropriate.He appeal ehat! be in W a heartas. 'me peutica and/or and the bases for each esotenties set request shaB be fDed not later than forth with rencomalde speelflef*F. A po-writing and state concisely, with the time specified in the notice of supporting argument, why the appellent heartas, or as provided DF the Coen. *a titeooer who inDs to fDe such a supple-believes the order wes erroneous. either ment which estinfles the requirements salesica, the presiding offloor er the U ef this paragraph with respect to at as a matterof fact orlaw.no Appeal atende safetF and lleenslag board des-least one esotenuso wSI not be per.
Board or Commission, as appropriate.
Ignated to rule en the petition and/or unitted to participate es a party. A44-shall consider each appeal on the merits, request, or as provided in 9 3.103(dMS),
tsonal tkne for fBing the suppiament including appeals in cases in which the NoetimmelF fBings wEl not be enter.
smay be granted bened upon a balano, j
suspen,lon period has already run. If tained absent a deterr=tadian bF the gas of the factose inparagraph (aX1) necessary for a full and fair
^ ""=t-saa the presiding offloor or consideration of the facts, the Appeal the atomic safety and lleensing board Jt this soeuca.
I Board or Commission, as appropriate.
designated to rule on the peuuon and/
quest abould be greated based upon a.f (c) Any party to a proceeding may may conduct further evidentiary or request, that the peution and/or re-hearin8s another p' or maY refer the matter to balancing of the fonowing factors in 0 intervene within ten tio) days after file an answer to a petition for leave to residing o77icer r,r deselopment of a record In the latter addition to those set out in paragraph
- servlee of the petition. with particular
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event unless the Appeal Board or the (d)of thisesetion.
E reference to the factors set forth in (1) Good cause,if anF. for faDure to
- paragraph (d) of this section. Howev-l Commission, as appropriate, provides fDe ce thas.
specific directions to the presiding (ii) The avaBabGity of oQner means within fifteen (15) days after service of i
er. the staff rnay file such an answer 5
[ officer, that officer shall determine the winerebF the petitioner's interest WSI the petition.
procedure to be followed and who shall be protected.
L.,
i present evidente. subject to applicable (111) The extent to which the peti-I provisions of law. Such heanns shall tieners participatsoa unny reasonablF
, (d) The Commission, the presiding commence as soon as possible. In the 3 he espected to eastet in developing a U officeror the atomic safety and licensing case of an attorney.if no appealis taken g g board designated to rule on petitions to record.
i of a suspension, or. if the susper.sion is s hw M h WW W E intervene and/or requests for hearing 8
upheld at the conclusion of the appeal, s
the presiding officer, the Appeal Board, g,gg a shall, ha ruling on a petstion for leave to or the Commission. as appropriate, shall p,,g,3.ag,,,gg,,,me extent to which the petition. R intervene, consid j
j notify the state baris) to which the
,,,s paruespation wSI broaden the [among other things:
j attorney is admitted. Such notification issues or delay the precomhas.
(33 me peutica abau set forth with (1) The nature of the petitioner's shallinclude copies of the order of paruculartty the interest of the pet 4*
l tiener la the proceedtag. how that in E right under the Act to be made a party to suspension and. 6f an appeal wee taken, j
- briefs of the parties. and the decision of terest menF be aflemed bF the results, the Proceedin3 E he Appeal Board or Comnussion.
of the proceeding. Instuding the reg. 3 (2) The nature and extent of the pets.
i t
3 (4) A suspension exceedma 1 day sons why petitaoner should be persalg g tiener's property, financial, or other ir..
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- ehall not be effective for 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> from led to intervene. with particular refer.
- terest in the proceeding.
I the date the suspension order is issued.
enee to the factore in paragraph (d) of A (3) The possible effect of any order Within this time a suspended individual this sostaan, and the spectile espost er which tney be entered in the proceeding l
may request a stay of the sanction from espects of the subject matter of the on the petitioner's interest.
'the appropriate reviewing tnbunal presseding as to sp petitioner g pending appeal. No responses to the stay request from other parties wdl be person who has fDed a peti.
(*) An o* Pmneng inwntbn tasa for leave to latervene or who has and/or directing a hearing may be conds.
j entertained. lf a timely stay request is been adinisted as a party pursuant to tiened on such terms as the Commission.
i Ided, the suspension shall be stayed this secties may amend his peuteen p Presiding officer or the designated until the reviewing tnbunal rules on the for leave to kiterveen. A peuden mar c. atomic safety and licensing board may motion.The stay request shall be in be esasaded without prter approval of R direct in the interests of:(1) Restricting writing and contain the information the presedlag effleer at anF time up to a irrelevant, duplicative, or repetitive evi-specified in il 2.788(bl(1). (2) and (4) of fifteen (18) days prior to the holding i
this part. The Appeal Board or of the spedal prehearing conferenes h dence and argument,(2)having common interests represented by a spokesman Commission, as appropriate, shall rule hk and (3) retaining authority to determine' on the stay request within to days af*er asal the filing of the motion.The Appeal teen (18) days prior to the holding of Priorities and control the compass of the Board or Commission shall consider the the first prehearing conferense. After hearing.
factore specified in ll 2.7este)(1) and this une a petiues may be==adad O (e)(2) of this part is determining whether only with approval es the presidtag of. l (f) In any case in which, aher con.
floor, based on a balancing of the feo, t rideration of the factors set forth in to grant or deny a stay application-tore spoetfled ha paragraph (aX1) of
- this soeues.Such an amended petitles I paragraph (d) of this section, the Com.
=
for leave to latervene must causty the s, mission or the presiding officer finds that the petitioner's interest is limited to one reluiressenta of this paragraph (a) et R or more of the issuesinvolved in the pro.
thle soeuen pertaining to spectflettF.
I coeding, any order allowing interventice
, 249 September 1,1982 l
s.
2.714(f)
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS 2.717(b) shalllimit his participatinn accordingly. j quests it thereafter. When a communica.
9 2.714 Caesolidation of proceedtage; eg) A person permitted to intervene On motion and for good cause shown besomes a party to the proceeding, sub 5 tion bears more than one signature. the
" Commission will gne the notice to the or on its own initiative, the Corntnia.
h ject to an> limitations imposed pursuant f person first signmg unless the com.
alon or the presiding officers of each
$ to paragraph til of this section R munication clearly indicates otherwise. g affected proceeens snay consolidate E for hearing or for other purposes two E
th) Unless otherwise empressly pro-6 k vided m the order allowmg mtervention.
(c) The presiding officer will afford
- f g,[,,h%h
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es d representauves of an interested State other federal agencies on matters of the grantina: ut a petition for leave to in.
tervene J mi change or enlarge the county. municipality. and/or agencies' *U concurrent furtadiction. If it is found thereof. a reasonable opportunity to that such action will be conducive to jssues speuswd in the notice of hearing.
participate and to introduce evidence.
the proper dispatch of its business and interrogate wit===as and advise the to the ends of justice and will be con.
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j t 2.71de APP'els from certale rallegs r'ammtanton without requiring the rep-ducted in accordance with the other om petitions for leave to intervene resentative to take a position with re*
provtalons of this subpart.
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and/or requests for bearing.
spect to the issue. Such pardaipants
[
may also fue proposed findings and u.
3 2.717 Commencement and termina.
h copdens pursuant to H s.ts4 and 2.142 ti 'f jurisdiction 'f Presidin8 L
and peudons for review by the Com-
- ffi"f.
Inission pursuant to $ 2.184. The pre.
(a) Notwithstanding the provisions siding officer snay require such repre.
of t 2.730tf). an order of the presiding sentative to ne with reasonable (a) Unleu otherwise ordered by the o
officer or the atomic safety a' d licensing speci!! city,in advance of the hearing. Commission. the jurisdiction of the n
board designated to rule on petitions for the subject saatters on which he de $ presiding officer designated to conduct a leave to intervene and'or requests for f, stres te participate.
the ;2 hearing over the proceeding including anatter taken motions and procedural matters com-hearing may be appealed. in accordance mences when the proceeding com.
, with the provisions of this section.to the f or by the
'%="'aataa pursuant to mences. If no presiding officer has been R Atomic Safety and Licensing Appeal days after service ' 13.70s or sua sponte. a person who isnot a party Easy. In the GscreUon of designated. the Chief Administraine 9
O Board within ten (10) as of the order The appeal shall be auerted the Appeal Board or the %=miadon.
Law Judge has such jurisdiction or. if e
by the filing of a notice of appeal and ac.
respectively, he permitted to file a he is unavailable. another hearing es-I comPanu. ng supporting brief. Any other brief amicus curtme". A person who is aminer has such jurisdiction.
act a party and destres to Ble a brief part) ma) tile a briefin support of or in must subadt a motion for leave to do f oppouison to the appeal within ten (10) so which ident1fles the laterest of the A proceeding is deemed to commence person and states the reasons why a ; when a notice of hearing or a notice of dais atier service of the appeal. No other brief la esmirable. Encept as otherwise [R appeah front rulings on petitions and/or provided by the h=Imalan or the-proposed action pursuant to i 2.105 is requests Iur hearing s all be allowed.
h within the time allowed to the party l; issued.
Appeal Board. such brief must be filed l 1
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(b) An order wholly denying a peti.
whose postuon the brief wD1 support.
When a notice of hearing provides that tion for leave to intervene and/or request A mouon of a person who is not a the presiding officer is to be a hearing
[<
88 for a hearing is appealable by the peti.
[n, enammer. the Chief Administratne Law tioner on the question whether the pets.
laisalon wS1 be granted at the e.
Judget will designate by order the hear.
- ll Wn av or hearing request should have tion of the Appeal Board or the Com-ing esaminer who is to preside. The g been granted in whole or in part.
_adasion.
E presidmg officer's jurisdiction m each a
(c) An order grantmg a petition for h proceeding will termmate upon the ex-
- ieave to intervene and/or request for a i 2.715e Ceeselldesles of parties is gg gg A hearing is appealable by a party other eeestreetlee Pmeh ee operadog
- Comm stion may direct that the record than the petitioner on the question II' " ' P'"dI'E
E be certified to it for fmal decision, or whether the petition and'or the request when the Commission renders a final On motion or on its or his own initia.
for a hearing should have been wholly decision, or when the presiding cfficer denied.
tive, the Commission or the presiding g
g g
officer may order any parties m a pro.
case vpon considering himself dis-t 2.715 Participation by a person not ceeding for the issuance of a construe.
a party, tion permit or an operstmg license for a 3 production or utilization facility who
- (bl' Tyic Director of Nuclear Reactor (a) A person who is not a party may g have substantially the same interest that Regulation or Director of Nuclear in the discretion of the presiding officer, a may be affected by the proceeding and Malerial Safety and Safeguards, as ap.
be permitted to make a limited ap.
- who raise substantially the same ques. E propriate may ssue an order and take tions.to consolidate their presentation of
,g pcarance by making oral or written state.
g ment of has position on the imues at any ses-evidence. cross.enamination, briefs. pro. 5 any otherwise proper administraine ac.
- tion with respect to a licensee who is a mon of the hearing or any prehearing con-posed findingsof fact,and conclusionsof f arh to a pending proceedmg Any p
g ference withan law and argument. However. it may not order,any consolidation that would pre. 2 order related to the subject matter of the such limits and on such conditions as pendmg proceeding may be modified by may be fined by the presidmg officer.but judice the rights of any party. A con.
the presiding officer as appropriate for he may not otherwise participate in the solidation under this section may be for the purpose of the proceedma proceed.eg all purposes of the proceeding. all of the issues of the proceeding.or with respect g
(b) The Secretary will give notice of to any one or more issues thereof.
g a hearing to any person who requests it
, prior to the issuance of the notice of I
hearing. and will furnish a copy of the m
$ notice af hearine to any person who re.
)
September 1,1982 2 20
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