ML20217P586
| ML20217P586 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 08/07/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Hadley E AFFILIATION NOT ASSIGNED |
| References | |
| 2.206, NUDOCS 9708280107 | |
| Download: ML20217P586 (3) | |
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1 UNITED STATES
- D NUCLEAR REGULATORY COMMISSION WASHINGTON. U.C. seteHeM
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August 7, 1997 Ernest C. Hadley, Esq.
1040 B Main Street West Wareham, MA 02576
Dear Mr. Hadley:
I am responding to your letters of April 16 and July 9,1997, regarding my response of April 8, 1997, to the petition that you filed pursuant to 10 In CFR 2.206 (Petition) on behalf of Mr. Albert Cizek (Petitioner)latory particular, you repeated your request for the U.S. Nuclear Regu Commission (NRC) to hold a public hearing on the issues mentioned in the Petition and, if this request was denied, you asked the NRC to furnish you Comments and requests in your with its reasons for denying the request.
July 9,1997, letter not related to the Petition submitted by Mr. Cizek will be addressed in separate correspondence.
Although not explicitly stated in my letter of April 8,1997, in denying the Petitioner's request for a public hearing before restart or decommissioning of any of the Millstone units or Haddam Neck, the NRC staff was guided by NRC Management Directive 8.11. " Review Process for 10 CFR 2.206 Petitions," which specifies the process to be followed for oetitions filed under 10 CFR 2.206.
This directive states that an informal pualic hearing is not automatic and will not be held simply because it is requested by a petitioner.
Rather, the staff will determine if an opportunity for an informal public hearing is to be The first offered to a petitioner according to the following criteria.
element listed below (a) must always be met and either one of the other following elementi (b) or (c) must also be met.
(a) Informal public hearings will not be held if to do so will compromise " sensitive" information that may need to be protected 4
from disclosure, such as safeguards or facility security information, proprietary or confidential commercial information, or information relating to an ongoing investigation of wrongdoing.
(b) The petition provides new information with reasonable supporting For facts that raises the potential for a significant safety issue.
p nuclear reactors, a significant safety issue is an issue that, if g
validated, could lead to an occupational exposure dose equivalent g
exceeding 10 rem, could cause significant core damage, or could j
.T otherwise result in a significant reduction of protection of public 1
P" health and safety. The information is considered "new" if one of j
the following applies:
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The petition presents a significant safety issue not previously M
evaluated by the staff.
l gg l N The petition presents new informatiot on a significant safety h p ( D issue previously evaluated, l
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C The petition presents a new approach for evaluating a significant j%3 safety issue previously evaluated and, on preliminary assessment, the new approach appears to have merit and to warrant
, U U bg, i reevaluation of a significant safety issue previously evaluated.
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Ernest C. Hadley 2-(c) The petition alleges violations of NRC requirements involving a significant safety issue (which usually would include nearly all Severity Level I, most Severity Level II, and possibly some Severity Level 111 violations under the Commission's enforcement policy) for which new information or a new approach has been provided and presents reasonable supporting facts that tend to establish that the violation occurred.
In this instance, the NRC staff concluded that item (a) may be satisfied.
However, with regard to items (b) and (c), tne NRC staff reviewed the information presented in the Petition and concluded that neither item (b) nor item (c) were satisfied.
Accordingly, based upon the application of Management Directive 8.1, an informal public hearing in this matter is not warranted.
Finally, as you note in your letter, the NRC staff did conduct an informal public hearing associated with a petition submitted by you pursuant to 10 CFR Section 2.206 on behalf of Mr. George Galatis and We the People, Inc. The then Director of the Office of Nuclear Reactor Regulation informed you in his letter to you of October 26, 1996, that an informal public hearing was appropriate in that instance due to the public interest in the matter, irrespective of whether Management Directive 8.11 was satisfied.
These same considerations do not apply in this matter because there is already a public forum for the Petitioner to raise issues and ask questions. The NRC staff has been holding, and will continue to hold, regularly scheduled public meetings in the vicinity of the 11111 stone facility. At these meetings, members of the public can raise issues of concern.
Thus, the Petitioner has a public forum in which to raise his concerns and disseminate his views.
In fact, the Petitioner has attended these meetings and has made statements as well.
Accordingly, your request for a public hearing is denied.
I remain dedicated to ensuring that sound and readily understood decisions are made by the NRC staff throughout its review of the Millstone restart and the Haddam Neck decommissioning processes.
Decisions made by the staff will be based on thorough review of relevant safety information and with due regard for public involvement in accordance with the Commission's regulations and policies.
Sincerely, Odginnteleidby, SamuelJ.Cogne Samuel J. Collins, Director Office of Nuclear Reactor Regulation DISTRIBUTION see next page DOCUMENT NAME:
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Reference:
-Green Ticket GT#970140 DISTRIBUTION:
Docket Filo:.50-423/
'50-336/50 245/50-213 PUBLIC SPO-L RF SPO RF SCollins/FMiraglia RZimmerman TMartin --
MSlosson JKennedy WTravers PMcKee Sreynolds SDembek DMcDonald JAndersen OGC ACRS
. JDurr, RI NRR Mailroom O-12 G18 (Ref: GT#970140)