ML20217Q736
| ML20217Q736 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/25/1997 |
| From: | Stephen Dembek NRC (Affiliation Not Assigned) |
| To: | Hadley E HADLEY, E.C. |
| References | |
| 2.206, NUDOCS 9709030341 | |
| Download: ML20217Q736 (3) | |
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i UNITED STATES
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 20666-0001
\\*****p8 August 25, 1997 Ernest C. Hadley, Esq.
1040 8 Main Street P.O. Box 549 West Wareham, MA 02576
Dear Mr. Hadley:
This letter is in reply to your July 9,1997, let'.ar to Mr. l.eonard J. Callan, Executive Director of Operations, regarding the 10 CFR 2.206 Petition you submitted on August 21, 1995, as supplemented August 28, 1995, on behalf of Mr. George Galatis and the grou), We the People, Inc.
Petitioners).
You requested that the hearing on tie Petition be reconvene (d to allow the Petitioners to submit additional evidence in support of their Petition.
Your letter also questioned the staff's December 26, 1996, Partial Director's Decision and renewed a request for a hearing for your client, Mr. Albert A.
Cuck, on his March 3, 1997, 10 CFR 2.206 Petition.
Regarding your request for reconvening the informal public hearing, the NRC staff is always interested in receiving information on nuclear safety issues.
However, an informal public hearing requires substantial resources and therefore must be justified based on more than solely a petitioner's request.
The criteria used to evaluate whether an infonnal public hearing would be offered are listed in NRC Management Directive 8.11, " Review Process for 10 CFR 2.206 Petitions." A more complete discussion of the staff's criteria for conducting these types of hearings was provided to you in the staff's August 7,1997, letter denying Mr. Cizek'r "aquest for an informal public hearing with regard to his Petition. As can be seen from the criteria, the NRC staff must have the information from a retitioner to determine whether the criteria for holding an informal public hearing are satisfied.
If the Petitioners have additional information relevant to the remaining Petition issues, please submit the information to the staff in writing or call me at the number listed below. Based on the information you submit, the staff
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will assess the need to reconvene the informal public hearing. As noted in the staff's August, 7, 1997, letter to you, the staff has been holding, and O
will continue to hold, regularly scheduled public meetings in the vicinity of the Millstone site. Members of the public are usually given an opportunity to discuss issues and ask questions during these meetings. Thus, the Petitioners have a public forum in which to raise their concerr,s and disseminate their views.
Regarding your comments on the Partial Director's Decision, the staff's decision to grant the Petitioners' reqtiest in part is consistent with NRC Management Directive 8.11. This document, at page 18 notes that "[a]
petition will be characterized as being granted in part when NRC did not grant the petition as asked but took other action to address the underlying safety problem or when some of the issues cannot be completed without significant delays in the schedule." In addition, your view that 10 CFR 2.206 does not permit tne issuance of a Director's becision favorable to a petitioner without 9709030341 970825
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Ernest C. Hadley, Esq. the institution of a proceeding pursuant to 10 CFR 2.202 is incorrect.
Permitted re be proper." quests under Section 2.206(a) include "...such other action as may Pursuant to Section 2.206, the range of actions include any
-actions the Director considers proper and is not limited to the institution of proceedings.
The Director's actions are not necessarily limited to enforcement actions as is made clear at page 18 of Management Directive 8.11.
The document states "The Commission...may also take action to satisfy the-safety concerns raised by.the petition, although such action is not necessarily enforcement action." The Cor:Tdssion declined to undertake formal review of the staff's December 26, 1996, Partial Director's Decision.
Accordingly, the Decision oecame a final agency action on January 21, 1997.
I encourage you to-forward the Petitioners' additional evidence to the staff as quickly as possible.
If you have any questions on this issue, please call me at (301) 415-1455.
Sincerely,
$Wh~k Stephen Dembek, Project Manager Special Projects Office - Licensing Office of Nuclear Reactor Regulation Docket No. 50-245
Ernest C. Hadley, Esq. August 25, 1997 the institution of a proceeding pursuant to 10 CFR 2.202 is incorrect.
Permitted requests under Section 2.206(a) include "...such other action as may be proper." Pursuant to Section 2.206, the range of actions include any 3
actions the Director considers proper and is not limited to th) institution of a
proceedings. The Director's actions are not necessarily limited to B
enforcement actions as is made clear at page 18 of Management Directive 8.11.
The document states "The Commission...may also take action to satisfy the safety concerns raised by the petition, although such action is not necessarily enforcement action." The Commission declined to undertake formal review of the staff's December 26, 1996, Partial Director's Decision.
Accordingly, the Decision became a final agency action on January 21, 1997.
I encourage you to forward the Petitioners' additional evidence to the staff as quickly as possible.
If you have any questions on this issue, please call me at (301) 415-1455.
Sincerely, I'
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