ML20209G206

Submits Addl Conclusions of Law Re Insertion Into OL of Conditions Concerning Mgt of Waste Facilities.Certificate of Svc Encl

ML20209G206
Person / Time
Site:	Davis Besse
Issue date:	09/06/1986
From:	Vankley J OHIO, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-663 86-525-01-ML, 86-525-1-ML, ML, MLA, TAC-60875, NUDOCS 8609120392
Download: ML20209G206 (3)

Text

flh:f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 16 SEP -9 A10:39 Before OFFK: . 33 Helen F. Hoyt *U Administrative Judge IN THE MATTER OF  :

Docket No. 50-346-MLAN TOLEDO EDISON COMPANY,etal.  :

ASLBP No. 86-525-01-ML (Davis-Besse Nuclear Power  :

Station, Unit No. 1  : ,

SUPPLEMENTAL CONCLUSIONS OF LAW Pursuant to the order of the presiding officer, the State of Ohio presents these additional conclusions of law concerning the insertion into operating licenses of conditions relating to management of waste facilities.

1. 42 U.S.C. Section 2201 authorizes the Commission to establish by order instructions for the possession of byproduct material as the Commission may deem necessary to protect health or minimize danger to life or property.

2. 10 CFR 50.50 provides that "the Commission will issue a license ... in such form and containing such conditions and limitations including technical specifications, as it deems appropriate and necessary."

3. 10 CFR 20.502 states that the Commission may by order " impose upon any licensee such requirements, in addition e609120392 860706 pga ADOCK OSOogn]46 0363

to those established in the regulations in P.his part, as it deems appropriate or necessary to protect health or to minimize danger to life or property."

4. Any one of these authorities give the Commission the ability to insert into Toledo Edison's operating license conditions relating to the maintenance of a waste facility, including notices warning the public about the facility.

Respectfully submitted, ANTHONY J. CELEBREZZE, JR.

ATTORNEY GENERAL OF OHIO

$ Y" Jagk A. Van Kley

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Edward Lynch Sharon Sigler Assistant Attorneys General Environmental Enforcement Section 30 East Broad Street Columbus, Ohio 43215 (614) 466-2766 I hereby certify that a copy of the foregoing was served on all parties to this action by regular mail on September 6, 1986.

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Jadk A. Van Kley g(

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.i CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Supplemental Conclusions Law was served on the following parties by regular U.S. Mail, postage prepaid, the 6th day of September, 1986 (for Helen Hoyt, J. Silberg, and Docket Section) and the 9th day of September, 1986 (for remainder of parties).

Helen F. Hoyt, Esq. Save Our State Administrative Judge Consumers League of Ohio Atomic Safety and Licensing Arnold Glessier Board Panel. EW-439 5005 South Barton -

U.S. Nuclear Regulatory Lyndhurst. OH 44145 Commission Washinton, D.C. 20555 Genevieve S. Cook 25296 Hall Drive Jay E. Silberg Cleveland, OH 44145 Shaw, Pitman, Potts &

Trowbridge Docket & Service Section 1800 M Street, N.W. Office of the Secretary Washington, D.C. 20036 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Terry J. Lodge 613 North Michigan Sreet Western Reserve Alliance Suite 105 c/o Donald L. Schlemmer Toledo, OH 43624 1616 P Street, N.W.

Suite 160 Charles A. Barth Washington, D.C. 20036 NRC Counsel Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 deen, 7 JadK A. Van Kley F' Assistant Attorney General