ML20214L504

Supplemental Conclusions of Law Supporting NRC Authority to Insert Conditions Re Waste Mgt Facility Mgt Into OL

ML20214L504
Person / Time
Site:	Davis Besse
Issue date:	09/06/1986
From:	Kley J, Van Kley J OHIO, STATE OF
To:
References
CON-#386-629 86-525-01-ML, 86-525-1-ML, ML, TAC-60875, NUDOCS 8609100204
Download: ML20214L504 (2)

Text

y Io 00LKETED USNPC UNITED STATES OF AMERICA lb P -9 N0:39 NUCLEAR REGULATORY COMMISSION Before 0FFICE OE 3E UttlAit Y 00CKETING & SERVICE BRANCH Helen F.

Hoyt Administrative Judge IN THE MATTER OF Docket No. 50-346-ML 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 l

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to those established in the regulations in this 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 l

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 f

j 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 l

September 6, 1986.

l Jadk A.

Van Kley g

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