ML20236C786
| ML20236C786 | |
| Person / Time | |
|---|---|
| Issue date: | 06/15/1987 |
| From: | Nussbaumer D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20236C697 | List: |
| References | |
| FOIA-87-415 NUDOCS 8707300194 | |
| Download: ML20236C786 (7) | |
Text
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ALL AGREEMENT AND-NON-AGREEMENT-STATES !
HEARING PROCEDURES FOR MATERIALS' LICENSING-PROPOSED RULE Enclosed is a Federal Register Notice on a proposed rule to amend NRC
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regulations to provide rules of procedure for the conduct of informal adjudicatory hearings .in materials licensing procedures.
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Assistant' Director for !
State Agreenents Program. .i State, Local and Indian i Tribe Programs
Enclosure:
As stated 1
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8707300194 B'70727 PDR FOIA PDR POTTERB7-415
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Proposed Rules ra-i ww
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1 Vol. 52, No 103 Fnday. May 29, 1957 1l The secton of the FEDERAL REGISTER contaens notaces to the pne of the Examine comments received at:The would be required to file a petition for a 6t proposed Isauanoe of rWs and NRC Public Document Room,1717 H ,
Stwet NW., Washington, DC. bearing within thirty days of the l regutadons. The purpose of treu xtices sgency's publication in the Federal
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ron runtutR BNPORMAT10N CONTACT: Register of a notice of the receipt of an the ru'e paulBollwerk. Attorney. Office of the )
,n20 pro to the adoption of the snel application or a notice of agency action
> ,ues. General Counsel. U.S. Nuclear relative to an app!! cation for a materials Regulatory Commission, Washington, license.Thus, the publication of an
_ DC 20555, Telephone: (202) 634-3224, initial Federal Register notice regarding 9 NUCLEAR REGULATORY suPPLtutNTARY INFCAMATION:Section a materials license application generally
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- 189a of the Atomic Energy Act of1954 will trigger the time for filing a hearing g W. M FR g . . W . ' '
.fAEA)(42 U.S.C.2239(a))provides that ; petition. ?g .
T' in~any prode' din'gTor the granting: " 4 Under current Comm.issio /u . ..
n practice.
suspending, revoking, or amending of bowever, a Federal Register notice is not Informal Hearing Procedures for any license, the agency shall grant a published with respect to each proposed j y~ alsy,malng A7 .
M bearing whose upon interest may the person to uest of affecte or completed materials licensing action a: andby the
~q Aor)ecv: Nuclear Regulatory , that may be subject to a hearing request.
pmceeding. Amond the licer.ses lasued While the AEA specifically requires d
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t7y the agency are those for byproduct u that " interested persons' be afforded d '
ACT1o+c proposed rule. material (AEA sections 81-84. 42 U.S.C. hearing upon request, it does not impose 2111 through 2114.10 CFR Parts 30 any requirement that the Commission
,a suwMAmy:The Nuclear Regulatory through 35), source material (AEA publish a Federal Register notice with Commission is proposing to amend its sections 61-69. 42 U.S.C. 20G1-2099,10 respect to each of the thousands of regulations to provide rules of procedure CFR pad 40), and special nodear materiallicensing applications it for the conduct ofinformal adjudicatory material (AEA sectiono 55-58,42 U.S.C, receives annually. Lecause of the large hearings in materials licensmg 2071 through 2076,10 CFR Part 70). la a proceedings. The Atomic Energy Act of February 1982 decision, the Commission number of tnaterials licensing actions declared that, with regard to matedals involved. the administrative and 1954 requires that the NRC,in any j'
proceeding for the granhng, suspendm, 8-licenses, the agency was not required to resource requirement burdennotice to provide of a inself-imposed all revoking, or amending of an NRC afford a formal, trial-type adjudicatory instances, and the relative insignificance license, including a license involvin8 hearing under the Administrative of many of the licensing actions source, byproduct. and special nuclear Procedure Act (5 U S.C. 554,558,557). involved,it has been the Commission's materials, afford an interested person. Kerr.AfcGee Corg (West Chicago Rare practice to provide e published notice upon request, a " bearing."'Ite Earths Facility). Cll-42-2,15 NRC 232 ordyin significant cases. The Commission previouslyhe dete: mined (1982). Rather, the Commission found Commission will retain this practice. U that the " hearing"provided for a that it was sufficient to afford an no notice is published, however, a materials licensing proceeding rned not infonral hearing in which the parties are petition is timely ifit is filed within encompass all the procedures in NRC given an opportunity to present to the thirty days after the petitioner receives regulations that govern formal hearing officer their written views and actual notice of the action or proposed adjudications for the licensing of abstever documentary evidence they action complained of, or within one year production and utilization facilities wish. The Commission's interpreta tion after completion of the agency action, Rather, the Commission has determined of the type of hearing it need provide in whichever first occurs. Further, the that,in most instances, an informal connection with materials licensing proposed rule indicates that a hearing bearing with an opportunity to present actions was upheld by the United States petition filed more than one year after written views is sufficient to fulfill this Court of Appeals for the Seventh Circuit. completion of the agency's action will requirement.Thir proposed rule City of West Chicago v. A7!C,701 F.2d be granted upon a showing of prescribed the procedures that would 632 (7th Cir.1W). " exceptional circumstances" that In ctder to specify the particular precluded the petitioner from govern these informal proceedings, procedures that will be applicable in discovering the agency action and dates: Comment period expires July 28. such informal proceedings, the petitioning for a hearing earlier.
1987. Comments received after this date Commission now proposes to add a new The requirements in i 2.1205 for the will be considered if it is practicable to Subpart L to part 2 ofits rules in Title 10 filing of hearing petitions would not do so but assurance of consideration of the Code of FederalRegulations.The can be given only for comments filed on change the requirements in i 2.103(b) for
" chief differences from the Subpart G the time for filing applicant bearing
- or before that date' > " Rules of General Applicability" for formal ed petitions following a notice of denial or Anoatssts: Submit written comments below' ' indications a notice ofproposed denial.
to: Secretary, U.S. Nuclear Replatory - -
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.h lr - Commission, Washington, DC 20555, 'I1me forp!!ng a Hearing Petition- i. Grant of a Licem . gs Subsequent to 4 q ,
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a 1 ATIN: Docketing and Servios Branch. f . Undne proposed 1 L1206(c), :1 edM', - While section Saos'o Ps. ~ Hand deliver comments he Room 1121., < " interested persons".(other than sa e' .N.' "
1717 H Street. NW,; Washingtow DC, Energ'y Ai:t [42 U.S.C. 2239(a)) haa 7 ~
e between 8:15 a.m. and 6:00 p.es i applicant or licensee) wishing to, request - provisions'that govern whether a -
a tearing on a materials liciensing action bearing must be provided upon request p 4 -
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{G000 Fed:ral Register / Vcl. 52. Na.103 / Friday, May 29. 1987 / Proposed Rults
, prior to staff action with regard to opportunity for hearing and any hearing. Nonetheless, the distance standard" rnctor construction permits and ,ne importance of this factor la established by NRC case law for operating licenses, the Act says nothing heightened by the fact that the agency standing in nuclear reactor licensing s,pecific about whether such a hearing reviews and processes literally proceedings, whereby persons residing requested by an interested person must thousands of materials license within fifty miles of a facility generally be completed prior to agency action applications each year.KerrhicCee are considered to have standing. see, snuting or denying a materials hcense. Corp.,15 NRC at asi. Finally,it is The proposed rule therefore does not eg., Tennessee Volley Authority (Watts signhat that the matadals involved in Bar Noclear Plant, Units 1 and 2),
preclude, and in fact contemplates, the the vast melodty of cases, when great of a license by the NRC staff prior AIM-413,5 NRC 1418,1421 n.7 (1977),
compared to powar ter.ctors, involve is not applicable in materials licensing to eny initial decision in any proceeding substantially less hazard. ld, at 282.
convened as a result of a hearing proceedings. Instead, the interest of the Taking these factors into account, & petitioner must be assessed in terms of request. Commisalon believes that an Of course, the lack of any statutory the particular licensed facility or activity appropriate balance is struck by its at issue in the materials licensing duective will not relieve the agency of present ary .sbligation constitutional due completbactice of not requiring of anyrequestad hearing be that# ,h. -
procer.s mayimpose. Due process a prerequialta to every licena etion Hearing Fue ,
o aD ro ect d right to a in wo ves the - ap herring exista,' o effectiveness of the licensing action will determination to grant a hearing request beari orded before agency because 6e requestad&s stan&ng, 3 MMu'must M'lk te abportunity for that be harmful to his or harinterests can e2 3 3 W A d W " ? S M ' E *an M L .ge,w,v%?dfs#ge,mm%eAc!'if=st'as',C' torae,@
circumsture a balancing of the private licensing proceeding. The file would end sovennental interest involved may Designatloa of a Single Hearing Officer include the application and any edlow government action to precede any Unlike reactor licensing proceedings amendment thereto, as well as any hearing. See, ep., Clere/codBoardof in which a three-member board is environmental assessment or impact Educadon v. Ioudermill. 470 U.S. 512, established to conduct any bearing, for statement and any NRC report or any 542 n.7 (1985); Hew /tt v. Helms. 459 U.S. mos t me terials licensing proceedings correspondence between the NRC and 460. 476 rLB (1983); Parmtt v. Taylor,451 only a single bearing officer would be the applicant relating to the application.
U.S. 527. 540-41 (1981); Barry v. Barch/. appointed by the Chairman of the %e hearing file also would be placed by 443 U.S. 55,64 (1979). A weighting of Atomic Safety and Licensing Board the staffin the NRC's public document those interests here has led the agency Panel (ASLBP) from the panel's room fPDR) and in any appropriate local t2 conclude that a relicensing bearing membership to rule on a petition for PDR. If a local PDR did not exist, as it is not necessarily required. hearing and,if a hearingis granted, does not for the overwhelming majority ne priva te rights involved in this of materials licenses, then the applicant preside over the adjudication. The instance as two-fold.The right of the exception to this rule is for proceedings would be responsible for making the opphennt to a reasonably prompt edminir,trative assessment of and on Part 70 linsmas to receive new fuel at bearing file provided by the NRC staff reactor facilities that are subject to an bucly available during regul=r determination about its application so it ongoing proceedmg for an operating can go forth with its planned actMtles siness hours in the vicinity of the license under Part 50. In such instances, principallocation where the nuclear card the right of other " interested the three-member licensing board penons"14. thallenge the requested material that is the subject of the conducting the Part 50 proceeding also application will be possessed. This hcensing action on the basis of their will conalder the Part 70 application in specific concerns about anticipated could be done by the applicantin a accordance with the informal number of different ways, including harm to radiological health and safety or procedures in proposed Subpart L unless making the file available at a local the environment. Into this botance also the board certifies to the Commission must be weighted the governmental public library, that the matters presented for interest in avoiding dela in the adjudication are substanually the same Although the ptoposed rule provides administrative process tfat willbe dat no dscoverAy b parun is as those being litigated in the operating caused by halting all action on the license proceeding. Upon certification, aDowed in informal proceedmgs.
application pending notice of the Part 70 issues can be adjudicated th ea al in ded to using the formal bearing procedures in
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- W due process rtsht of a hcense appl,cnni or s to CFR Part 2. Subpart G. access to the central documentation lawnne to a heenng watt regard to its request for relating to the application for use ln he,nsins ution he. been recoentud. e s . sortn y v. Requirements for Standing preparing written and oral
$ Y Eie$r N b E c$): N M Under the proposed i 2.1205, the focus p sentations oreov a rop s d I
cf an initial request (or hearing or a (c) ,
I en wet,.anwa who=r othm esta rad nimad war. norr asu p=ans%= su sa pib or. d petition to intervene is to be the lasse of g!ven the continuing duty of keepi e on presu risht is tem 8PPerent. Cify of West bearing file for a proceeding entrent by standing. In tum, the presiding officer's
.I.TouIMaoElNeiTo el =wwn!r determinattom about whether the , supplementingit with appropriate 9
P of a hcense.Se AdministratMProcedme Ad 3- ' petitioner forthearfng hmtand'D3 documents that are genereted after the l tlc 4 ssst4. dismaa.us ahmeshe W . Would be in doo0fdehge'with ther M,1,ty file is established initially. Further, any ' j
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- factors set forth at to CFR t.714(d).-
d-be resolved by the presiding officer.
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Federal Register i Vcl. 52, N:.103 / Friday, May 29,1987 , Propos:d Rules 20091 l Written Presentation and Discretion To {
specific questions or the hne of informal adjudications, these Hold Oral Presentations questions for the witness has been f prohibitions can in some circumstances Under the proposed rule, af'.er a approved by the presiding officer. Free. have due process implications. See beenng file is established the parties ranging cross examination would not be Bethlehem Steel Corp. v. EPA. 638 F.2d )
would be given an opportunity to make allowed. %e Commission contemplates 904, 2006-10 (7th Cir.), cert. demed, 447 written presentations. Dese that oral presentations or oral U.S. 921 (1980); United Stofes L/nes v.
presentations are to be made under oath estioning would not be necessary in FMC, 584 F.2d 519. 536-42 (D.C. Cir.
or affirmation. Those filed by an e vast majority of cases.
1978). The crux of judicial concern in applicant challengi a proposed denial or a denial oNts beensing request Dettah, file, any m the basistion informa d 6e hearing under presented this regard is that the decision resulting from the adjudication should not be must describe with particularity any oath in wntten or oral presentations.
deficiency or omission in the staff's based upon information about which the and a facts that might be officially parties have not had notice and a action. Similarly, the written n tice the presiding officer would chance to provide their views.
presentation ofintervenors chs!!enging mske an initial decision. This decision Bethlehem SteelCorp.,638 F.2d at 100%
an application for licensing action must would be subject to review by an to UnitedStofes Lines,584 F.2d at 540-describe in detail any deficiency or , Atomic Safet and Licensing Appeal 41. Proposed i 2.1215(c) addresses this omission in the application. Each B afd under e same procedures as o mm am:& n'2WAL'% @ concern by ; .ovidi a that an initiala thormation that supports orillustratesof to CFR Part 2.
parties have had notice and an each deficiency or omission complained In the event that the presiding officer, opportunity to comment.
of. Subsequent attempts to present or to . " *** . "**
N7 relyuponotherdocumentation'or.49eu Mg ,,y,,
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!stins% d thr'det Mvtar.m o: "
s hi o th p addition to receiving the parties' filings.
P p s a d ha { gg'Qt's$pp'orthib$cillbilhW p rule for one very simple reason. The rule J the presiding officer could require that fa - the parties answer his or her written ho'*[e7an- a ,
contains no provision requin that the prodceeding should be conducted '"*'"'"E " * "#" "8 1Yit a ears to the presiding officer,in $ j# c ' 8U P I a
4 p s, I 2. yr i to a e on terials his or h discretion, that it is necessary ) **"
for the creation of an adequaterecord the presid' officer to request authority **""***' " "'
to use the a ditional procedures or to intend to provide notice of an for decision, cral presentations to the presiding officer by the parties or oral have the Commission convene a formal pportunity for a hearing in any save a adjudication.%e Commission very few ma r act2ons. Abseat notice questioning of witnesses conceming the O'#' I' factual and legalissues presented by the contemplates that this v T not be * ""** "Y"'
licensing action are allowed. An oral appropriate in the vast c Jori learn that a licensing actim is planned, presentation by the parties would be c,,,,, g,, g,n,fgffy g,qugy, yfy,f, of let alone that they might have a right to appropriate in instances when the Co sh UF. to UF a hearing on that action. A statutory presid2ng officer is convinced that such Facti tf) tion (Se k24 NRC
. CLI to a earingis 489 (1986). oMe beneN da a presentation is the most expeditious one knows about it.
Role of na NRC Staff way to clardy or resolve specific EnvironmentalImpact: Categorical Another important change in Exclusion ambyulties or controversies arism, g procedure proposed in these rules of frwn the wdtten presentations. Although procedure is the role provided for the %e NRC has determined that this svi presentations generally would be NRC staff. In formal bearings under proposed regulatie is the type of action similar to the nontestimonial osal Subpart G of to CFR Part 2, the ataff is a describcd in categorical exclusion to arguments held with respect tomotions j party to the roceeding. Under the CFR 51.22(c)(1). Therefore, neither an in fonnat adjudicatory proceedings. in proposed j ,in instaaces other than an environmentalirnpact statement nor an the event a party wished to make any
( a dditional factual presentations for the applicant. or licensee. initiated hearing environment! assessment hes been I
record. under i 2.1233(b) the presentor following a dental or proposed denial of prepared for this proposed regulation.
an application, the staff need not v.ouM be required to be under oath. Paperwork Reduction Review Oral cpestioning of sffiants or of assume such a role. Instead,it may I decline to participate as a party in the This proposed rule contains no pnnapals r;r employees of the applicant proceedi .Flowever,if the stafy information collection requirements and or licensee, also under oath, might be subsquen determined it wished to all,wed in addition to or in lien of an therefore is not subject to the oral presentation in Instances when the assume party status or the presiding requirements of the Paperwork veracity or demeanor of such officer decided it should participate as a Reduction Act of 1980 (44 U.S.C. 3501 et j party, under proposed ! 2.1213 the 887 4 individuals is at issue and is cdtical to presiding officer could afford or impose j
, resolving an important matterla party status.-- Regulatory Analysie controvers . Normally such questioning . .'.- , ". " .
would be one by the presiding afficer ne Atomic Energy Act a!Iords -
. Restdctions on Private Communicahons -
on the beals of his or her concerne and with Adjuscatwo '- intere~sted persons the right to a hearing any questions of the parties the 3 . m.5 " ,. .;, regarding a matedals licensing v---
Despite the lack of any statutory ; . .y proceeding. As the Commlaston f prest officer finds a te.%e' 4 requirement thatthe Commisslanipply es previotis}y indiented to its decision in ,, A 7 pro se rula also contam
, ! ora questloc!Agcouldbe onetes thatm the erparte and separstforrof fattetionce Karr#cGee Cbrp.,15 NR0tt 241,'the, { ,"
I parties themselves, b'ut only the m prohibitions cf the Administrative' the.-
s e use of thfortnalpro5edaftilny~o lveiless '
1
^ Pro & dure Act (5 U.S.C. 554(d).12/(d)) tol cost and delay for th'e pa'rties and the
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- 20002 Federal Register , hl 52, No,itu / Friday, May 29, 1987 8roposed Rules Commission than the use of formal, trial. year regarding materials licensing 2. Sdpart L of Part 2 la added to read type procedures, the only other applications.'Dua,in acwrdance with as follows:
procedural alternative. Alao, procedurea the Regulatory Flexibility Act. 5 U.S.C.
snut be in place to aDow for the orderly 605(b), the NRC hereby cerufies that this subput L Howmg Procedum conduct of those adjudications. rule,1f promulgated, will not have a for AdMeicauono in Metulais uoenaang Codifying the informal bearing proceeding.
d, significant economic impact upm a psoceduns for matarials licensing substantial number of small entities. sec.
naceedings is preferable to the only Um Scope dnbpert
.' other alternative, which h the present IJat of Subjectala ts CFR Part 2 11203 Docket: fulng: swdce.
practice of setting forth the procedures to be followed on a case by-case basis, Administrative practice and procedura Antitmet Byproduct
"$, Mbea%peHnonfw By codifying the procedures, the M20/ De W of prwW m' matedal, Claasified infonnation. M200 Pown of penwas om@ca.
Commission will avoid the expenditum Environunestal protection, Nuclear of time and resources necessary to Mm Participeuon by a person not a party.
prepare the individual orders that materials, Nuclearpower plants and U 213 Role of the NRC staff, reactora, Penalty. Sex discrimination, 11215 Appearance and proctica.
previously have been used to designate Source matedal, Special nuclear those procedures. It thus is apparent "**
that this proposed rule is th referred material Waste tnetment and disposal 3 alternatf re and the cut en ed in its w, % Ms Min the 2.1231 Headng N' ," fgg' tigen promulgation and application la #asbWeiid vrider Gie authodtkoithe~ "
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neceasary and appropriate Atornlc Energy Act of 1954, as amended, qge.
fore oing iscuss on cons the the Energy Reorganization Aet of1974, as amended, and E U.S.C. 553, the NRC M236 Oral prweetations: oral goesuons.
atory analyala far able proposed e, oc Yis MM@ adopt the mom ' "*"332.1237.
Consideration etcasumission ruise W ud r@amm khfhd W W P-amendments to10 CFR Part 2:
- i t udludications.+ tm.': .. . n W 4 metcna Analysia v,Ue,W,-es;a w%
" " u N u N N M N t11230 Settlement of saaterials ticensing This proposed rule does not modify or PART 2-RULES OF PRACTICE FOR proceedmss.
cdd to systems, structures, components, DOMESTIC LICENSlHG PROCEEDINGS Initial Decialon,,. _ _ , y Review, and or design of a facility;the design 1.The autbodty citation for Part 21s m al h & 6am cpproval or manufacturing license for a nuclear reactor facility;or the revised to read as follows: M 251 Initial decision and its effect.
e procedures or organization required to % seca. m. m. es Stat. 948,9s3, M253 Appgais from initial decisions.
as amended SC 22,2231) uc. m, as 2.1255 Review by the Atomic Safety and design, constmet, or operate a facility, ucensing AppealBoard.
Accordingly, no backfit analysis amended. p L e7-415. 7e Stat. 409 (42 11257 Review of decisions and actions of pursuant to 10 CFR 50.109(c)is required foe this proposed rule. [efd 2 UA'C 5 S C.Ns tomic Safety and ucenalng Appeal l
Section uo1 also tuned under seca. 53,62.
Regulatory flexibility Certification 63. 81.103,10L 106,46 Stat. 930, 932. 935,936. 2.1259 mal decision; petition for 937,94 as amended (42 USC 2073,20sL reconsideration.
, The proposed rule will not have a 2003,2111,2133,2134,2135h sec.102. Pub. L 2.1281 Authority of the Secretary to rule on sigmficant econotnic impact upon a pmcedural mattm.
g1 190. 83 Stat 853, as amended (42 USC i substantf al number of small entities. 2.1283 Steys of NRC stafflicensing actions I 4332h uc. 301, a6 Stat.1248 (42 USC 5871k Many materials licensees or interveners sections Moz,1103,1104,2.105. 2521 s1so and decisions of a preelding o!!icer, an f:ll within the definition of small Atomic Safety and ucensins Appeal inued under secs. tot 103,104,105,1s3.18a, businesses found in section 34 of the Board or the coaunission. pendms 68 Stat 936,937,938,954,955. as amended (42 hearing or evview.
Small Bosines: Act,15 U.S.C 632, or the U S C 2132,2133,2134.2135,2233,2230).
Sanall Busines Size Standards set out in Section 1105 also luued under Pub. L 97- Subpart L -Informal Hearin0 regulations issued by the Small Business 415. 96 Stat. Str3 (42 UAC 2239). Procedurea for Adjudicationain Administration at 13 Cm Part 121. or sections 2.200 through 2.20e also issued under seca.186. 234 e6 Stat. 955,83 Stat. 444.
lAateriale Ucensing Proceedings the NRC's size standards published December 9,1985 (50R 50241) While as amended (42 UAC 2236. 2282h sec. 206,88 l 2.1201 Scope of subpart the proposed rules,if adopted,would I I IIh*I t.309 also luued general ruks in M suhart reduce the burden on licensees or govern procedure in any adjudication under Pub. L 97-415,9e Stat. 2071 (42 USC. j interveners because of the informal initiated by a request for a hearing in a 2133) n:ture of the heating the requirement Sections 1000 through 2.606 slao issued Proceeding for the grant. transfer, t
that they submit filings and under sec.102. pub. L 91-190, as Sta t. ass as renewal, or heensee-initiated documentary information detaibag contested legal and factualinnes is still amended (42 USC 4332). amendment of a materials license Sections L7ms.1719 also issued under 3 subject to Parts 30,32 throgh 35,40. or 70 required. Some cost reduction la USC 554. of this chaptar. Any adjudication comparison to the cost of participating Sections 1754. 2300,2170 also issued regarding a materials license subject to in a formal adjudicatory bearing can be under 5 USC 557 Parta 30,32 through 35,40, or 70 that la anticipated, although 16at rednesion as a section 23s0 also luned under sec.103. es ,
initiated by a notice of bearing inaued whole may not be sI=aha' Forther, Stat. 936, as amended (42 USC 2133) and s under i1104, a notice of proposed . l the use of informal ' will not UAC88L-*"y 8 8 g g y8 1 action under i1.106, or a request for ;
- 8" increase significan the burden upon hearing under Subpart B of to GR Part }
licensees to respo tohearingsequesta. . g3 j Sectice 2Aos also lesJed under 5 U.S.C ass 2 on an order to abow came, an ordee j Since the Commintoe*a datanalaation c and sec. 2a, PA t. as.2ss, r1 sta t 37s, as
" for modification of Ilcanas, or a dv6 . =
in 1983 that use of pua ="-- ' : was ..
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' eppespriata,it haa swelv6d.esisverage,8 n amended tot Uac antak unoe Appendix A eleo leseed ender sec.4, PA q a L" wiib c ntbs v.procadwee srt! Pena lis to be hadE set a i - .
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j e feweit thsin fiv' hearity naquestejee . .g . L et-sen a4 stas,sers(as UAC 21:sr ya forthin SubpartG of toCFRPartL *
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/ Vd. 52. No.103 / Frid:y. M y 20,1F' { Proposed Rtdes 20093 !
i 2.1203 Dociet; fulng: serv 6ca.
(a) ne Secretary shall maintain a agency action granting en epplicati:n.
whichever first occurs. A request for a hetring must be published in the Federal docket for each adjudication subject to Register that must state-hearing filed more than (1) year after this subpast. commencing with the filin of a request for a hearing. Allpapers. g effective completion of the agency he(ar)ing:1 he time, place, and nature !
action will be granted only upon a l including any request for a hearing, showing of exceptional circumstances (2) The authority under which the petition for leave to intervene, hearing is to be held; for the late filing.
correspondence, exhibits, deciafons, and (3)he matters orders, submitted or issued in the (d)The request for a hearing fued by a considered; and of fact andlaw to be
, person other than an applicant most proceeding; the hearing file compiled in (()ne time within which any other describe in detall--
accordance with l 2.1231:and the person whose laterest may be affected transcripts of any oral presentations or (1) De interest of the requestor in the proceeding; by the proceeding may petition for leave i
, oral questioning made in accordance to intervene, as specified in partgraph t l with i 1235 must be filed with the Office by(2) the How that results of the interest proceeding.
may be affected (J)of this section. '
of the Secretary and must be included in U) Any petition for leave to latervene,
, the dccket. including the reasons why the requestor
- which must be filed within thirty (30)
(b) Documents will be considered filed should be permitted a hearing, with days of the date of publication of the with the Office of the Secretary in particular reference to the factors of paragraph (g) of this section: and notice of hearing. must set forth the adjudications sob}ect to this sub information required under regraph q F. eitheruam hoq%# M8 0* part W" (3) he specif c aspect or aspects of (1) By delivery to the Docketing and the subject matter of(bFis6deedlng it ' " (n)ervens mwt be servd leave to of thisI about which the requestor wishes to be upon the Service Branch of the Office of the app!! cant and upon the NRC staff, by
- Sectetary at Room 1121,171711 Street heard. i delivering it Washington, er s% ,;er(e)d,byEach ve reguestorfor a hearing must InglipersonaDy Jorbe Executive US pers
@y [ M,;; Coinmisskn. Washington DC20555,SM t ory mentaalid.
Attentiont Docketing and Service is the applicant); and 2a intervene, the NRC staff and the g*,gu's@E g ;
Branch. (2) The NRC staff, by delivery to the l applicant may file an answer.
Filing by mail or telegram will be Executive Director for Operations, UA I Nuclear Regulatory Commission. %ereafter, the petition for lesve to i complete as of the time of deposit in the Intervene must be ruled upon by the '
q Washington, DC 20555.
rnail or with the telegraph company. prealding officer taking into account the (c) Coraputatio,n of time shall be done (f) Within ten (10) days of service of a request for a hearing filed under factors set forth in paragraph (gl of this in accordance with i 2.710, section. If the petitico is granted, the (d) A request for a hearing or a paragraph (c) of this section, the petition for leave to laterv=e must be appHeant may file an answer.The NRC petitioner shall be considered a party to 1 the proceeding. '
staff may file an answer to such a served in accordance with ( 2.1205 (e) (k) A nontimely tition for leave to and U). All other documents offered for request for a hearing within ten (10) intervene will not filing are to be served as the presiding days of the designation of the presiding entertained absent officer. a finding by the Commission or the officer. the Atomic Safety and f.icensing residing officer that the etition should ppeal Board, or the Commission sSall (g)In ruling on a request for a bearing irect. e granted based upon a alancing of !
of this section, filed the presidingunder paragraph officer shal (c)l determinethe factors that set forth in i 2.714(a)(1 through (v). in addition te those se)t forth (i)
$ 2.1205 flequest for a hearing; pet't6on the requestor meets the judicial for leave to intervena. in paragraph (g) of this section.
standard for standing and shall (a) Any person whose interest may be consider, among other factors--. for(1a) De filing or granting of a request affected by a proceeding for the grant. hearing or a petition for leave to (1) ne nature of the requestor's right intervene need not delay NRC staff transfer, tenewal, or licensee initiated '
under the Act to be made a party to the action regardmg an application for a amendeent of a materials license proceeding; subject to this subpart mayfile a request materials licensing action covered by for a hearing, (2) he nature and extent of the this subpart.
requestor's property, financial, or other (b) An applicant for a licease, a interest in the proceeding; and (m) An order granting a request for a license amendment, a license transfer. hearing or a petition for leave to (3) he possible efrect of any order intervene may condition or limit or a license renewal who isissued a that may be entered in the : coceeding notice of proposed denial or a notice of upon the requestor's interest. participation in the interest of avoiding denial must in all cases file a request for repetitive factual presentations and (h)If a hearing request filed under argument.
a hearing within the time specified in paragraph (b) of this section is granted.
i 2.103.
the applicant and the NRC staff shall be (n)In the event the presiding officer (c)%e request for a hearing of a wholly denle a request for a hearing or person other than an applicant most be parties to the proceeding. If a hean'ng a petition for leave to intervene. that request filed under paragraph (c) of this filed (1) within thirty (30) days of the section la granted, the requestor shall be of service of the order on the qu(es agency's publication in the Federal a party to the proceeding along with the action relative to, an applimlien, or(2) m cnooses to participate as a par
' if no auch notice la poblished,wih y accordantw with g tagit.m rw#m Mw have been granted in whole or'In part. If thirty (30) days after the requestor c. ;' a request for a bearing'or a petiflon for I) If a request for a bearingis granted ' leave to intervene Is granted, petles receives actual notice ofspeamag y s. an(d so notics of opportunity for sf .3% o application or agengac l
1 that acti fthinti ap,ucauo.ori.. eamgrantingemp ,es,.n.,- in ee r heartagga.sisly hasbeenpublished8 may.g ,
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20004 Federal Register / . .,s.
52, No.103 / Friday. May 29, 1987 / posed Rules
. question whether the request for a I hearing or the petition for leave to detenninetion, either in the presiding - order or permit the NRC staff to l' Int:rvene should have been wholly - officer's discretion or on direction of the participate as a party with respect to Commission or the Atomic Safety and denied. An appeal may be taken by that particular issue.
Ucensing Appeal Board; filing and serving upon all parties a (e) Reopen a proceeding for the 4.
stat-s that succinctly sets out with reception of further information at any i2.1215 ":wandpractice supportung argument, the errors alleged. time prior to initialdecision:
The appeat may be supported or 3sw(a) Repmentah by an aHomeM
.k cpposed by any party by fih'ng a counter (f) Administer oaths and affirmations: is not nossaryin %r fw an (g) Issue laitialdecisions: individual, an organization, or a ,
ststement within fifteen (15) days of the (h) Issue sub service of the appeal brief. i 2.1211(b) participant to appear in an attendance anfoenas requiring the adjudication conducted under this testimon of wftnesses ILus? Designesonofpmahangome" at the hearing or the pro uction of subPart.lf the representative of an (a) Unire , otherwise ordered by the documents for the hearing. organization is not an attomey at law.
Commiar on or as (1) Receive written or oral evidence (b) of thi. section, provided within paragraph and take official notics of an) fact inhe ten 10)indays or she must be a member or officer of the organization represented. Upon cf filing of a request for a hea(ring accordance with l 2.743(l), request of the presidmg officer an relating to a materit!s license tha(j) Recommend to the Commissionindividual acting as a represen,tative t procedures other thanihoes shall rovide op repriateinformation
$ proceeding Ch covend by this fraanof the'Atomicliafetyand subpart, the '- authorized under this'sibpart be Q p esta ' hing the sis of his or Ucensing Board Panelshallissue an a particular proceeding:and authority to act in a representational crder designating a single member of the (k) Take any other action consistent capacity.
with the Act and this chapter. (b) Any action to reprimand, censure.
2 er 't '910HUNY"I' -
t PWhoA ii M h c M W # :@ $ M t.*, $'hh&7WG%%i@ Tcc[ pan or:gm relating to an application under 10 CFR Person who is not a party to ma e a P:rt 70 to receive and store unitradiated limited appearance in order to state his i 2.713(c).
fu21at the site of a production or or her views on the issues. Umited Hearings utilir.ction facility that also is the subjec.t appearances may be in writing or oral.
' cf a proceedmg under the Subpart C of at the discretion of the presiding officer, this part for the issuance of an operating and are govemed by rules adopted by * *adne, % peon on g
license. :he Chairman of the Atomic the presiding officer. A limited Safety sed bcensing Board Panel shall appearance statementis not be (a)Within thirty (30) days of the Issue an order designating a Ucensing considered part of the decisionaltecord presiding officer's entry of an order Board conducting the operating license granting a request for a hearing the under i 2.1251(c).
proce: ding to rule on the request for a NRC staff shall file and make available huring and. if necessary, to conduct the sh(all afford the representative2ohanb) UponofficerA presiding request, applimthe presidir officer hetring in accordance with this subpart. interested State, county, municipality, or and any other party to the proceeding a Upon certification to the Commission by an agency thereof, a reasonable hearing file. Thereafter, within ten (10) the Ucens Board designated to opportunity to partici ate in a days of the date a petition forleave to conduct the earina,that the matters Proceeding conducte under this g
presznted for ad udication by the parties Subpart including an opportunity to with respect to t e Part 70 application make written and oral presentations in un '"b l f)4fs an staff shall make thefe P
C
' file are substantial! the same as those accordance with il 2.1233,2.1235 availabk 6 h pedd b being heard in the pending proceeding without requiring the representative to under 10 Cnt part 50. the Ucensing take a [rticipant. The hearing file also sha,Il lesues.posttion with respect made avaihble for publicin Board may conduct the hearing in Participants under this to the and copymg during regular busm,spection ess ecccrduce with the proceduresin subsection may notice an appealof an Subpart G, hours at the NRC Public Document initialdecisionin accordance with Room in Washington. DC, and at any p 2.m power of p%sne emeer, i 2.1253 with respect to any issue on appropriate local public document roo,m.
which they participate. In the event no appropriate local public A presiding officer hos the duty to conduct a fair and impartial hearing i2.1213 Role of the NRC statt, document room exists, the applicant according to law. to take appropriate must make the hearing file available for If a hearing requestis filed under Public inspe.: tion and copying during cctisn to avoid delay, and to maintain order.De presiding officer has all 12.1205 b . the NRC staff shall be party regular business hours at a location in to the pr(oc)eeding. lf a hearing therequest is principallocation vicinity of the powzrs necessary to those ends, including the power to.-- filed under i 2.1205(c) within ten (10) where the nuclear material that is the days of the designation of a presiding subject of the application will be (a) Regulate the course of the hearing officer pursuant to l E1207 the NRC possessed.
and the conduct of the icipants; staff shall notify the presiding officer
- (b) Dispose of ure]requesta ce (b) The hearing file will consist'of the similar metiers: ... whetherornot the staff desires to . application and any amendment thereto,
.m:.
the(c) Hold conferences r before,o.;during nojudication. Areafter . 3 participate upon a' . . .. as a any party to the !
NRCenvironmentalimpact ~ >"
hearing for settlement, simplification . ' determination by the pre, siding officer statement or assesament relating to the cf the lasues or any otherprw vi, , the.t the teeol,ution of any issue in the . application, aind any NRC report or any p .i t ., .m .
ticos to%e3 tomic: , nm proceeding Mould be sided materiaDy x and the NRC that is relevant to the . " cor
~So ' egd _, , Appeal , for} i. as a party.the presiding officer mayuf by staffs pa, rticipation1m'the p rule upon anylasue;, .:Lg the t '
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