ML20206L873

Grants 860529 Request for 60-day Extension of Comment Period on Des for Decommissioning Plant.Request for Local Public Hearing Denied

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)

Text

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$ MC 8 g UNITED STATES l, 7, NUCLEAR REGULATORY COMMISSION

[ WASHINGTON, D. C. 20655 4  ; j 1

%...../ June 23, 1986 Docket No. 50-133 l

The Honorable Barry Keene State of California Senate

- Sacramento, California 95814 3

Dear Senator Keene:

By letter dated May 29, 1986, extension of the public

>4 coment period on the Draft Environmental Statement you requested a 60-day (DES) for decomissioning

. . 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.

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' 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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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

4

.. DISTRIBUTION: ,

1 Docket F11e

• a NRC POR 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

1. j/

0 Lynch

, HBerkow Mi aglia -

4f rt/g 6PW .SSPD DPWRL-8:SSPD- DPk-8:SSPD DPWA SPD 0 ELD DPWRL-B:DIR PN 'n '

PErickson 0 Lynch HBdr'ow /hMm ;v FMiraglia

/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. .

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(, .L I .

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 .

1888r"*80*e-

' hearing conferense Inarmaamt to party to obtain other representation if -- 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 (3J Any disciplined pursuant t who desires to participate as a paMF prehearing eenforemos. the pouueng this section may wi ten f10) days h Mtten poudon forleave to intervene. In a proceedlas nouced pur- shan fSe a =W to his A

after issuance of the order file an appeal 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 writing and state concisely, with request shaB be fDed not later than forth with rencomalde speelflef*F. A po-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 believes the order wes erroneous. either ment which estinfles thesuch a supple-requirements as a matterof fact orlaw.no Appeal salesica, the presiding offloor er the U ef this paragraph with respect to at 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.

j smay be granted bened upon a balano,

- 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/

may conduct further evidentiary or request, that the peution and/or re-hearin8s quest abould be greated based uponfile a an.f (c) Any to answer party to a proceeding a petition for leave to may another residing p' or maY refer o77icer r,r the matter to balancing of the fonowing factors in 0 intervene within ten tio) days after

deselopment of a record In the latter addition to those set out in paragraph

• servlee of the petition. with particular

~

event unless the Appeal Board or the (d)of thisesetion. E reference to the factors set forth in Commission, as appropriate, provides (1) Good cause,if anF. for faDure to ** paragraph (d) of this section. Howev- l specific directions to the presiding fDe ce thas. er. the staff rnay file such an answer 5 (ii) The avaBabGity of oQner means within fifteen (15) days after service of

[ officer, that officer shall determine the winerebF the petitioner's interest WSI i' procedure to be followed and who shall be protected.

i the petition.

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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 record.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 i of a suspension, or. if the susper.sion is upheld at the conclusion of the appeal, s 8 s hw M h WW W E intervene and/or requests for hearing j the presiding officer, the Appeal Board, g,gg a shall, ha ruling on a petstion for leave to or the Commission. as appropriate, ,,,s shall p ,,g,3.ag ,,,gg,,,me extent to which the petition. R intervene, consid j notify the state baris) to which the paruespation wSI broaden the [among other things:

j attorney is admitted. Such notification issues or delay the precomhas.

shallinclude copies of the order of (33 me peutica abau set forth with . (1) The nature of the petitioner's l

paruculartty the interest of the pet 4*

suspension and. 6f an appeal wee taken, j - briefs of the parties. and the decision of tiener la the proceedtag. how that in E right under the Act to be made a party to terest menF be aflemed bF the results , the Proceedin3 i

E he t Appeal Board or Comnussion. of the proceeding. Instuding the reg. 3 (2) The nature and extent of the pets.

3 (4) A suspension exceedma 1 day sons why petitaoner should be persalg g tiener's property, financial, or other ir..

• 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 l espects of the subject matter of the which tney be entered in the proceeding may request a stay of the sanction from on the petitioner's interest.

'the appropriate reviewing tnbunal presseding as to sp petitioner g pending appeal. No responses to the (*) An o* Pmneng inwntbn '

stay request from other parties wdl be person who has fDed a peti.

tasa for leave to latervene or who has and/or directing a hearing may be conds. i j entertained. lf a timely stay request is been adinisted as a party pursuant to tiened on such terms as the Commission.

Ided, the suspension shall be stayed until the reviewing tnbunal rules on the this secties may amend his peuteen p Presiding officer or the designated motion.The stay request shall be in for leave to kiterveen. A peuden mar c. atomic safety and licensing board may writing and contain the information be esasaded without prter approval of R direct in the interests of:(1) Restricting specified in il 2.788(bl(1). (2) and (4) of the presedlag fifteen (18) days effleer at to prior anF the time up to a irrelevant, duplicative, or repetitive evi-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 on the stay request within to days af*er the filing of the motion.The Appeal asal $

teen (18) days prior to the holding of hk and (3) retaining authority to determine' 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.

to grant or deny a stay application- floor, based on a balancing of the feo, t rideration of the factors set forth in '

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, the mission or the presiding officer finds that petitioner's interest is limited to one reluiressenta thle of this paragraph soeuen pertaining to spectflettF. (a) et R or more of the issuesinvolved in the pro.

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 Commission more will gne thethan one notice signature.

to the or onthe 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 th) Unless otherwise empressly pro- 6~ E for hearing or for other purposes two k vided m the order allowmg mtervention. (c) The presiding officer will afford

• f representauves of an interested State g,[,,h%h es d the grantina: ut a petition for leave to in. other federal agencies on matters of '

tervene J mi change or enlarge the county. municipality. and/or agencies' *U concurrent furtadiction. If it is found thereof. a reasonable opportunity to jssues speuswd in the notice of hearing. that such action will be conducive to 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.

j t 2.71de APP'els from certale rallegs r'ammtanton without requiring the rep- ducted in accordance with the other n om petitions for leave to intervene resentative to take a position with re* provtalons of this subpart.

E and/or requests for bearing. spect to the issue. Such pardaipants

[ may also fue proposed findings and u.

h copdens pursuant to H s.ts4 and 2.142 3 2.717 Commencement and termina.

ti 'f jurisdiction 'f Presidin8 and peudons for review by the Com-L - ..

Inission pursuant to $ 2.184. The pre. *ffi"f.

(a) Notwithstanding the provisions siding officer snay require such repre.

of t 2.730tf). an order of the presiding sentative too ne with reasonable (a) Unleu otherwise ordered by the officer or the atomic safety a'n d licensing speci!! city,in advance of the hearing. Commission. the jurisdiction of the board designated to rule on petitions for the subject saatters on which he de $ presiding officer designated to conduct a leave hearing mayto intervene be appealed. in and'or requests for f,anatter accordance stres taken te participate. the ;2motions hearing over the and procedural proceeding matters com- including

, with the provisions of this section.to the f or by the '%="'aataa pursuant to mences when the proceeding com.

R Atomic Safety and Licensing Appeal mences. If no presiding officer has been 9

O Board within ten (10) days after service ' 13.70s or sua sponte. a person who isnot a party the designated. Easy. In the Chief GscreUon of Administraine as of the order The appeal shall be auerted the Appeal Board or the e%=miadon. Law Judge has such jurisdiction or. if

' respectively, he permitted to file a he is unavailable. another hearing es-by the filing of a notice of appeal and ac.

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 dais atier service of the appeal. No other person and states the reasons why a ; when a notice of hearing or a notice of appeah front rulings on petitions and/or brief la esmirable.

provided by the h=Imalan Encept or the-as otherwise proposed action [Rpursuant to i 2.105 is requests Iur hearing sh all be allowed.

Appeal Board. such brief must be filed l within the time allowed to the party l; issued. 1

' ~

(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 [<

for a hearing is appealable by the peti. [n, 88

, 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 for a hearing should have been wholly On motion or on its or his own initia. 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 g pcarance by making oral or written state. tions.to consolidate their presentation of 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 conclusionsofp f arh to a pending proceedmg Any g ference withan law and argument. However. it may not

, such limits and on such conditions as order,any consolidation that would pre. pendmg2 order related proceeding may to be themodified subject by matter of the 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 . l

, prior to the issuance of the notice of I m hearing. and will furnish a copy of the

$ notice af hearine to any person who re.

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September 1,1982 2 20

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