ML20217Q575
| ML20217Q575 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 08/11/1997 |
| From: | Nielson D SALT LAKE CITY, UT |
| To: | Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| 2.206, NUDOCS 9709030214 | |
| Download: ML20217Q575 (1) | |
Text
4 c.Y Stat-Of Utal na.n DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF T11E EXECUTIVE DIRECTOR Michael o. Lenitt 168 Ntuth Ik0 West a
" *'""' I P.O. hon 1448!0 Dianne R. Nichon, Ph D sak take Cuy, Utah R4114-4810 tascunw t> wee" (801) 536-44(X) Voice Brent C. Bradford -
(801 536-0061 rat t=pwy t>ues" (80115364414 T.D.D.
August i1,1997 Charles J.11aughney, Acting Director Spent Fuel Project Office Office of Nuclear Material Safety & Safeguards NRC Washington, DC 20555-00011
Dear Mr. Haughney:
In your August 6,1997 letter, the NRC rejected the State's 2.206 petitions ostensibly because the State's request "does not seek enforcement action and thus does not meet the cri;eria for consideration under 10 CFR 2.206." Regardless of how the State styled its request, the NRC has an obligation to the publi: not to reject requests out of hand simply because NRC construes the requests were not appropriately labeled. See Lorion v. NucJear RegtCatory Commission and Florida Power
& Light 712 F.2d 1472,1474, (D.C. Dir.1933), Flonda Po.>er & Light v. I orion,470 U.S. 729 (1985) (rev'd on other grounds).
In order to fully evaluate and preserve other administrative or judicial relief, the State wants a confirmation from the NRC that the NRC has or has not made a decision on whether the application has complied with 10 CFR R 72.32 (a)(14), comments on emergency plan. That requirement must be met before submittal of the application.
I look forward to your promp response.
Best regards, 140Q t Dianne R. Nielson, Ph D.
(U Executive Director cc:
Mark Dellgatti, NRC
. Chairman Leon Bear, Skull Valley Goshutes b
John D. Parkyn, PFS k
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9709030214 970811 PDR ADOCK 07200022 C