ML20211P883
| ML20211P883 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 07/18/1986 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | Welch M REDWOOD ALLIANCE |
| References | |
| NUDOCS 8607230404 | |
| Download: ML20211P883 (3) | |
Text
T July 18, 1986 Docket No. 50-133 Mr. Michael Welch, Office Coordinator Redwood Alliance P. O. Box 293 Arcata, California 95521
Dear Mr. Welch:
By letter dated June 24, 1986, you requested a hearing on the Draft Environmental Statement (DES) for decomissioning of the Humboldt Bay Power Plant, Unit No. 3.
The Nuclear Regulatory Commission will not be scheduling a hearing (i.e.,
public meeting) for the public to coment on the DES. We have, however, submitted for publication in the Federal Register, the enclosed Notice of Opportunity for Hearing (Enclosure 1) with respect to both environmental issues and safety issues related to the Decomissioning Plan. The Notice describes how interested persons may gain admission to any adjudicatory proceeding that may be held on the Decomissioning 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 requi rements.
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 (Enclosure 2) for further details on party and nonparty participation.
Under 10 CFR Sections 51.73 and 51.74 of the Comission's regulations, DESs are distributed to various Federal, State and local agencies and other interested organizations and individuals and a minimum comment period of 45 days is provided. This coninent period has been extended for the Humboldt Bay, Unit 3 DES an additional 60. days, until August 15, 1986.
Pursuant to 10 CFR Section 51.91, the Final Environmental Statement on the Humboldt Bay Plant decommissioning will include responses to the coments submitted to the NRC and may be modified in response to the submitted comments.
l Sincerely, Original signed by Herbert N. Berkow, Director 72jQ Q $$$$$33 Stanaardization and Special PDR Projects Directorate D
Division of PWR Licensing-B Office of Nuclea'r Reactor Regulation
Enclosures:
As stated U
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July 18, 1986 Docket No. 50-133 Mr. Michael Welch, Office Coordinator Redwood Alliance P. O. Box 293 Arcata, California 95521
Dear Mr. Welch:
By letter dated June 24, 1986, you requested a hearing on the Draft Environmental Statement (DES) for decomissioning of the Humboldt Bay Power Plant, Unit No. 3.
The Nuclear Regulatory Commission will not be scheduling a hearing (i.e.,
public meeting) for the public to comment on the DES. We have, however, submitted for publication in the Federal Register, the enclosed Notice of Opportunity for Hearing (Enclosure 1) with respect to both environmental issues and safety issues related to the Decommissioning Plan. The Notice describes how interested persons may gain admission to any adjudicatory proceeding that may be held on the Decomissioning 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.
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 (Enclosure 2) for further details on party and nonparty participation.
l Under 10 CFR Sections 51.73 and 51.74 of the Comission's regulations, DESs are distributed to various Federal, State and local agencies and other l
interested organizations and individuals and a minimum coment period of 45 days is provided. This coment period has been extended for the Humboldt Bay, j
Unit 3 DES an additional 60 days, until August 15, 1986.
Pursuant to 10 CFR Section 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 coments.
Sin rely, a
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t erbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation
Enclosures:
As stated
DISTRIBUTION:
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NUCLEAR REGULATORY COMMISSION 4
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-l WASHINGTON, D. C. 20555 June 27, 1986 Docket No. 50-133 Mr. J. D. Shiffer, Vice President Nuclear Power Generation c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106
Dear Mr. Shiffer:
SUBJECT:
NOTICE OF OPPORTUNITY FOR PRIOR HEARING: DECOPNISSIONING OF HUMBOLDT BAY POWER PLANT, UNIT NO. 3 i
l The Commission has requested the Office of the Federal Register to publish the enclosed " Notice of Consideration of Issuance of Amendment to Facility
't Operating License and Opportunity for Prior Hearing." This notice relates to your application for Amendment to License No. DPR-7 for Humboldt Bay Power Plant, Unit No. 3 dated July 30, 1984, as revised by letters dated:
February 28. March 20, April 3 July 11 and 30, October 7, and December 13, 1985, and March 13 and 14, May 14, 16, and 23 and June 12, 1986. Two letters each were dated May 16 and May 23, 1986.
The amendment would ~ delete license conditions related to seismic investigation analysis and modifications required prior to NRC authorization of a return to power operation, approve your Deconnissioning Plan, revise the requirements of the Technical Specifications and extend the expiration date of License No.
DPR-7 for 15 additional years to November 9, 2015, to be consistent with your plans for deconnissioning. Your July 30, 1984 request to amend License No.
DPR-7 to possess-but-not-operate status was satisfied via Amendnent No.19 dated July 16, 1985.
Sincerely.
Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-8, NRR
Enclosure:
Notice cc w/ enclosure:
-hi I [-S'l Md h See next page 1
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Mr. J. D. Shiffer Pacific Gas and Electric Company Humboldt Bay Nuclear Power Plant CCPhilip A. Crane, Jr., Esq.
Mr. Joseph 0. Ward, Chief.
Pacific Gas and Electric Company Radiological Health Branch State Dept. of Health Services Law Department Post Office Box 7442 714 P Street, Office Bldg. #8 San Francisco, California 94120 Sacramento, California 95814 Chairman Director Humboldt County Board of Supervisors Energy Facilities Siting' Division County Courthouse Energy Resources Conservation &
825 Fifth Street Development Commission Eureka, California 95501 1516 9th Street Sacramento, California 95814 Linda J. Brown, Esquire Donohew, Jones, Brown & Clifford Gretchen Dumas. Esq.
100 Van Ness Avenue, 19 Floor Public Utilities Commission San Francisco, California 94102 of the State of California 5066 State Building U.S. Environmental Protection Agency San Francisco, California 94102 Region IX Office ATTN: Regional Radiation Representative Public Affairs Officer 215 Freemont Street Region V San Francisco, California 94105 U.S. Nuclear Regulatory Commission 1450 Maria Lane Regional Administrator Walnut Creek, California 94596 Nuclear Regulatory Commission Region V 1450 Maria Lane, Suite 210 Office of Intergovernmental Walnut Creek, California 94596 Management State of California Michael R. Sherwood, Esq.
140010th Street, Room 108 Sierra Club Legal Defense Fund, Inc.
Sacramento, California 95814 2044 Fillmore Street San Francisco, California 94115 Bruce Norton, Esq.
2002 East Osborn Dr. Perry Aminoto Phoenix, Arizona 85064 Department of Conservation Division of Mines & Geology 1416 9th Street, Room 1341 Sacramento, California 95814 e
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UNITED STATES NUCLEAR REGULATORY COP 9tISSION PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-133
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NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR PRIOR HEARING
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HUMBOLDT BAY POWER PLANT, UNIT NO. 3 The United States Nuclear Regulatory Connission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-7, issued to Pacific Gas and Electric Company (the licensee), for the Humboldt Bay Power Plant, Unit No. 3 (the facility), located in Humboldt County, 1
California. The amendment is in response to the licensee's application and Environmental Report dated July 30, 1984, as revised February 28, March 20 April 3. July 11 and 30, October 7 and December 13, 1985, and March 13 and 14 May 14, 16, and 23, and June 12, 1986, related to decossiissioning the facility.
Two letters each were dated May 16 and May 23, 1986. The amendnent would accomplish the following:
1)
Deletion of license conditions required by the " Order for Modification of License" dated May 21, 1976, as revised by Order dated December 31, 1976.
These Orders established requirements in License No. DPR-7 related to seismic investigation, analysis, and modifications that would have to be l
accomplished prio: to a return to power operation following the July 2, 1976 facility shutdown; 2)
Approval of the licensee's Decomunissioning Plan, which involves 30 years of on-site storage of residual radioactivity followed by its removal (SAFSTOR). The licensee also proposes to retain spent fuel on-site in the spent fuel storage pool until a Federal apository is available for the l
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es spent fuel disposal. An Environmental Report submitted with the Decom-missioning Plan analyzes the environmental impacts of the SAFSTOR option.
The Decomissioning Plan analyzes the proposed monitoring, maintenance and operationofthespeNtfuelpoolandrelatedsystems. The Plan and the Environmental Report also analyze potential accidents at the facility and the controls established for radiation protection and the prevention of the release of radioactivity from the site; 3)
Revision of the technical specifications (TS) to reflect the permanent shutdown and possess-but-not-operate status of the facility. Requirements for facility power operation would be deleted such as: TS for the reactor protection system, the reactor core design features and operating limits, the reactor cooling system, the emergency core cooling system, refueling, and the halogen sampling system. Other TS requirements would be revised to reflect the'SAFSTOR status, such as: requirements for radiation monitoring, facility maintenance and spent fuel pool operations; and 4)
Extension of License No. DPR-7 for 15 additional years from November 9, 2000, to November 9, 2015, to be consistent with the licensee's Decom-missioning Plan that involves 30 years of on-site storage of residual radioactivity. By Amendment No. 19. dated July 16, 1985, the Comission revised License No. DPR-7 to possess-but-not-operate status in partial response to the licensee's July 30, 1984 application. Amendment No.19 allows the licensee to possess the iracility and the byproduct material that was produced by operation of the reactor but prohibits operation of the reactor. Similarly, the amendment allows possession of the spent fuel but not its use in operation of the reactor.
t The NRC staff is preparing a Safety Evaluation and an Environmental l
Statement with respect to the licensee's proposed Decommissioning Plan. On November 1, 1984, (49 FR 44039) the NRC published a Notice of Availability of Licensee's Environmental Report and Notice of Intent by the NRC to Prepare an Environmental Impact Statement. That notice also stated that a public scoping meeting would be held and that a Draft Enviror. mental Statement would be prepared.
The scoping meeting was held in Eureka, California on December 4,1984, to '
allcw members of the public to express their views and environmental concerns. Minutes of this scoping meeting are contained in a letter from J. A.
Zwolinski, NRC, to J. D. Shiffer, PG&E, dated December 18, 1984. A Draft Environmental Statement was issued on April 23, 1986, with a notice of its availability for comment published in the FEDERAL REGISTER on April 28, 1986 (51FR15853). A Final Environmental Statement is being prepared by the NRC staff that will consider public comments and comments made by Federal, State and local agencies.
Prior to issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
By August 4, 1986, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Requests for hearing and 1
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petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of, Practice for Domestic Licensing Proceedings" as set forth in 10 CFR Part 2.
If a request for a hearing or petition for leave to intervene is filed by the $bove date, the Comission, or an Atomic Safety and Licensing Board designated by the Commission, or the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary of the Commission or the Chairman of the i
designated Atomic Safety and Licensing Board will issue a Notice of Hearing or an appropriate Order.
As required by 10 CFR Part 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should spe,cifically explain the reasons why intervention should be permitted with particular reference to.the fo11'owing factors: (1)thenature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspects (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to intervene or who has been adnitted 'as a party may amend the petition without requesting leave of the Board for up to fifteen (15)dayspriortothefirstprehearingconferencescheduledintheproceeding, but such an amended petition must satisfy the specificity requirements described above.
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Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set 1
forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a, supplement which satisfies these requirements with respect to at least one contention will not be pemitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the Order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity.to present evidence and cross-examine witnesses.
A request for'a hearing or a petition for leave to intervene shall be filed with the Secretary of the Commiission United States Nuclear Regulatory Commission. Washington, D. C.
20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room,1717 H Street, N.W., Washington, D. C. by the above date. When petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missourt(800)342-6700). The Western Union operator should be g'iven Datagram Identification Number 3737 and the following message addressed to Mr. Herbert N. Berkow: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER
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notice. A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Consnission, Washington, D. C.
20555 and to Mr. Phillip A. Crane, Jr., Pacific Gas and Electric Company, Post Office Box 7442, San Francisco, California 94120, attorney for the licensee.
i Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Consiission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of factors specified in 10 CFR 5 2.714(a)(1)(1)-(v)and2.714(d),
For further details with respect to this action, see the Application for Amendment and Environmental Report dated July 30,198a, and the above cited revisions, which are available for public inspection at the Consnission's Public Document Ro, 1717 H Street, N.W., Washington, D. C.
20555 and at the Eureka-HumboldtCountyLibrary,421IStreet(CountyCourthouse). Eureka, California 95501.
Dated at Bethesda, Maryland this 27th day of June 1986.
FOR THE NUCLEAR REGULATORY COP 94ISSION
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Herbert N. Berkow Director Standardization and Special Projects Directorate Division of PWR Licensing-8, NRR l
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2.7131c)
,.j PART2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS 2.714(r; i
request a stay pursuant to peregraphe (c)(1)and(c)(4)of this section. A proceeding ma y be stayed for a th) Not later than fifteen (18) dare reasonaue time in order for an effected prier to the holdtag of the oscial pse-party to obtain other representation f I"II8 3d'"*"'I**"
' heartas eenfenese pursuant se
$ 3381a, er where as sometal prehenr-this would be necessary to prevent
) Any person whose bienst ang confenase is held, fifteen (18) injustice, easy he affected by a praaaadian and dare prier to the holdtag of the first (3) Anyone disciplined pursuant to who destres te perdelpate as a party pubeartas esafenmee, he petitioner i
this section may within tea (to) days chan fDe a written petition for loan to chan fDs a =aff" te his peutsee i
efterissuance of the order file an appeal hternne. In a presseding nouent snsr-to anternme which asut include a ht I
with the Atomic Safet an' IJcensing suant to f1.108, any person Whoes h-d Appeal Board or the Comunission, as tenet may h affected may the s*
ef tase contendens whleh pendenar appropriate.The appeal shad be in W a hearks. 'The pelinen and/or eseks to han misalad ht me saatter, and he bases for each esotenuon est writing and state concisely, with request aball be fDed not later than forth with reassankle specirtelty. A po-me thee speetthd h the modos of su, rt argument, why the appeuent hearts, er as provided by the Coon *a nuoew wh fads to fDe such a suppio, aves e order was erroneous, either
- useat whleh asustles to pseutremente es a matter of fact orlaw.The Appeal saiselon. the predding etnoer er the fI of this paragraph with respect to at stamic safety and inamaalat board den.
Board or Conuniesion, as appropriate.
Ignated to rule sa the peutaos and/or least one sagtention wiu not he per.
shall consider each appeal on the merits, laciudlag appeals in esses in which the request, er as provided in $ 1.103(dx3).
mitted to perdedpate as a party. Add 6-Noetiesely fBings WEB aos he enter-saonal tiene for fBlag the =ypa===*
auspen.lon period has already rue. lf tained steent a deterusination by the esar he granted leased upon a balans-necessary for a full and fair N=='=='a=
the pneiding offloor er he of the factore ktparagraph tax 1) consideration of the facts, the Appeal the atonale omfety and licenstag board Jf this assuon.
Board or Commission. es oppropriale, d==l aa'ad to rule en the petition and/
f may oseduct further evidenuary or roguest, that the petition and/or re-(c) Any party to a proceedins may hearings. or may refer the matter to enest should be greated based tapon a file an sinswer to a petition for leave to another residing officer for balaattat of the foDowing tacters AB intervene within ten (10) days after desefopment of a record in theletter addition to those set out la paragraph
- service of the petition, with particular event.unIess the AppeaIscard or th td) of this sectase.
t reference to the factors set forth in Commission. as eppro riste. provides G) Good cause,if any. $st Anthare to
- paragraph (d) of this section. Homev-fBe en uess.
specific directior.s to e e resids,ng (g) The avaBaktuty of e(her annens er the staff may file such an answer 1 officer, that officer sh611 Cermine the within fifteen (IS) days after service of procedure to be fo!! owed er d who shall wharvt; the potataemer's hierest wtB.
the petition.
be protected.
t present evidence. subject eo applicable HID The estant to whlett the peti-provisions oflaw Such hearing shall tiener's participation anny r===aaahir
, (d) The Commission, the presiding l
commence as suon as possible. In the he espected to assist an developing a 4
case of an attomey. if no appealis taken seus.drecord-l officer or the atomic safety and licensing (fu hoard designated to rule on petitions to of e surpension.or.if the susper.sionis E w'Ibe extent to whlek tase peti
- intervene and/or requess for hearing upheld at the conclusion of the oppeal.
8atenet win he supasented hr E shani,is r.iing on e,etition for isave io the presiding officer, the Appeal Board. ff 8
or the Commission. as appropriate. shall
.Ibe esus't b wideh the peution, intervene, consider the following factors, notify the state bar(s) to which the er's partletpataan WS1 broaden the among oder things:
benes.Ibe petitism shan set forth with er delay the pressedhg.
attorney is admitted. Such notification gg) shallinclude copies of the order of (1) The asture of the petitioner's suspension, and. if an appeal was taken.
particulartty the heterest of the pou*
tienst in line pressedtag. how that to N ee procadiag.rigt:t under the Act to
- knofs of the parties. and the decision of terest assy he affected the resulte,
O the Appeal Board or Cornaussion.
af the proceedlag, the sea. 3 (2) The nature and eatent of the peti.
3 (4) A suspension saceeding 1 day esas why potataener should he permit- [ terest in the preceeding.tiener'
! shall 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 lateremos, with partacular refer. R
. the date the suspension order is issued.
emos to the 2nsters as paragraph (d) of (3) The possible effect of any order
- Within this tune a suspended indavidual this sostase, and the speettle aspect er may request a stay of the sanction from egeese of the sanNase saatter of the which may be entered in the proceeding ce the petitioner's laterest.
the appropriate reviewing tribunal 8*88'8 " 8' M 1
pending appeal. No responses to the stay request from other parties wdl be who has fDed a pen-(e) As order permitting intervention entertained. lf a timely stay request le Was for leave to hiervene er who has and/or directing a hearing may be condi-filed, the suspension shall be stayed been am as a party pursuant to tiened on such terms as the Commission.
tale seeden anny amend' his peution
, Free! ding officer or the designated untd the reviewing tnbunal rules on the ser leave to kutervues. A pottuen may atomic esfety and licensing board may 4
motion. The stay requal shall be in se asneeded without prior approval of direct in the laterests of: (1) It estricting writing and contain the inforrnation the proeldlag amane at any time up to s irrelevant, duplicative.or repetitive evi-specified in li 2.706(b)(1). (2) and (4) of fifteen (18) days prier to the holdlag this part. The Appeal Soerd or of the special
_eenfertase desce and argument,(2) having common Comunission. as appropriate, sha!! rule persuasst S
laterests repressated by a spokesman, en the stay request within to days after Y
and (3) retaining authority to determine the filing of the motion.The Appeal esse (18) days prior to the heading of Priorities med eestrol the compass of se Board or Commission shall consider the the Bret prehearms seafarenes. After hearing.
factors specified in iI 2ses(e)(1) and uns tems a petition may he===== dad O (e)(2) of this part is determining whether ency with approval of the pressdang of-l (f) le say sees la which, mAer coe-to grant or deny a stay appbcation.
floor, based en a balanelas of the ine. R alderation of he Asctors est forth ie ters speelflod ha paragraph (aX1) of
- ttGs sectaan.Such an esmonded pelataan g paragraph (d) of this section, the Coe-smission or the presiding officer finds that for leave to hiervens must antasty the E he petitioner's interest is limited to one t
focuiremente of this paragreek (a) et this escuan pertalains to spectaetty, or more of the issues involved la the pro-esodias, any order allowing intervention 2 I8 September 1,1982
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shalllimit his participation accordingly. J uests it thereafter.When a communica.
$ Mle ""- of pr=adings.
q (g) A person permitted to intervene tion bears more than one signature, the On neties and for good cause shown becornes a party to the proceeding, sub.
Commission wtll give the notice to the se en its own taltiative, the Commla h ject to any hmitations imposed pursuant ! person first signing unless the com.
slon se the presiding offleers of each S to paragraph (4 of this section.
munication clearly indicates otherwise, octed y
te g
vi in th
.r era w ng int we.1 n.
(c) The presiding offleer WB1 afford * ""
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the granting of a petition for leave to in.
npresentatives of an latensted State' E agencies en anatters of tervene J. not change or enlarge th county, saunicipality, and/or agencies U seneurnet $srisdiction if 85.ta found thereof, a nasonable opportunity to that such actioO will he conducive to
_ issues speoised in the notice of hearing.
participate and to introduce eldence, the proper dispatch of its business and t 2.78de AppesIs free sectale rullags hslerrogate witnames, and advise the to the ends of Justsee and will be con-e%==t* Without requiring the rep-duckd h accordance with the oth em petitless for leert le latervese resentative to take a positlen with re-gytsicas W this subput.
and/or roguests for heerlag.
spect to the issue. Such parenaspanem
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may also fue proposed fandtags and ex-3 2.717 Commeneweens and termina.
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pettuces or the 888e *f jurI8dicti*e *f presiding usisslos persuant to I3.788. The pre.
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(a) Notwithstanding the provisions siding offloor snar require such repre-of 3 2.730tf). en order of the presiding sentative to ladseste irtth reasonable (a) Unless otherwise ordered by the officer or the atomic safety and licensing spectfleity, h advance of the hearing. Commission, the jurisdiction of the board designated to rule on petitions for the subjoet saattere en which he de-y presiding officer designated to conduct a leave to intervene and'or requests for eerse to participate.
hearing over the proceeding including taken the hearing may be, appealed,in accordance,
motions and procedural matters. com-y
, with the provisions of this section,to the E er by the e%'-"
"' punuant to mences when the proceeding com.
g Atomic Safety and Licensing Appeal p 3 3.783 se sua apente,"a person who 3, mences. If no presiding officer has been-BoarJ within ten tl0) days after service not a party snar. ha the esteetion of designated, the Chief Administrative er of the order.The appeal shall be asserted the Appeal Beard er the Camasalssion.
Law Judge has such jurisdiction or,if by the filing of a notice of appeal and sc-respectivelF be to fDe a he is unavailable. another hearing en-I comp.in)ing supporting brief. Any other betof ho aminer has such jurisdiction.
and to a
part) mm) file a brief in support of or in must submit a metsen fee teste to do { A proceeding is deemed to commence oppoution to the appeal within tan (10) se Whleh identifies the heerest of the da)s stier service of the appeal. No other and states the reasons whF & k when a notice of hearing or a notice of appeal, from rulings on petitions and/or as desirable. Sneset as otherwh requests for hearing shall be allowed.
provided by the th*= dan er the' f Proposed action pursuant to i 2.105 is Board, such brief must be fDed g issued.
the tanne eBooed to the party -
' (b) An order wholly denyirs a peti-wheee peelties the brief vl2 support.
" When a notice of hearing provides that tion fbr leave to intervene and/or request A anotion of a person who is not a the peesiding officer is to be a heating i<
for a hearing is appealable by the peth
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esaminer.the Chief Administrative Lam tiener on the question whether the peto alsslee wSI he granted at the Judget will designate by order the hear.
, non amt or hearing request should have tese of the Appeal Board se the Casa-ing e:aminer who is to preside. The been granted in whole or in part.
massicas.
g, {, proceeding will terminate upon the en.
presiding officer's jurisdiction in each (c) An order granting a petition for g leave tu imervene and/or request for a g,
ll hearing is appealable by a party other enestreettee peralt er *paredag E piration of the period within which the Commission may direct that the record than the petitioner on the question E8'*" Pressam mes.
E be certified to it for final 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.
denied.
tive, the Commission or the presiding decision, or when the presiding officer shall have withdrawn himself from the 7,
officer may order any parties in a pro-E 1.713 partic6 pat 6ee by a perses not coe_ ding for the issuance of a construc.
case upon considering himself dis-quahfied, whichever is earliest.
a party.
tion permit or an operating license for a
$ production or utilization facility who
- (b)* The Director of Nuclear Reactor (a) A person who is not a party may. 3 have substantially the same interest that Regulation or Director of Nuclear in the discretion of the presiding officer s may be affected by the proceeding and Material Safety and Safeguards, si ap-be permitted to make a limited ap " who raise substartially the same ques.
- propriate may issue an order and take g peerance by making oralor written state. I tions.toconsolidate theirpresentation of f any otherwine proper administrative ac.
g meet of his position on the temos at any se evide nce, etces-enemination, briefs, pro
- alon of the hearing or any psehaaring cow posed findingsof fact.and conclusionsof [ t on with respect to a licensee aho is a
{ such limits and on sech. conditions as part) to a pending proceeding Any 8ennae within law and argument. However.it may not order pny consolidation that would pre. 3 order related to the subject matter of the pending proceeding may be modified by may be fined by the presiding officer.but Judice the rights of any party. A con
- the presiding ofker as appropnate for he may not otherwise participate in the solidation under this section may be fo' p
the purpose of the proceedint l
., roceeding.
allpurposes of the proceeding,allof the lasses of the proceeding,or with respect 7 (b) The Secretary will give notice of to any one or more inaues thereof.
I a hearing to any person who requests it=
prior to the sessance of the notice of E bearing. and wiii furnish a copy of the
$ antice of hearine to any person urha re.
September 1,1982 2 20
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