ML20238D242
| ML20238D242 | |
| Person / Time | |
|---|---|
| Site: | 05560402 |
| Issue date: | 08/19/1987 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | HELD, D.W., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#188-5204 87-552-03-SP, 87-552-3-SP, SP, NUDOCS 8801040167 | |
| Download: ML20238D242 (8) | |
Text
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n0"CT NUMCER g [8fg[
PROD. 8. UTIL PAC.
l Dcpr:Er.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before Administrative Judge:
Peter B. Bloch m
In the Matter of Docket No. 55-6042 SP DAVID W. HELD ) ASLBP No. 87-552-03-SP (Senior Operator License for Beaver EERVED AUG 2 01987 Valley Nuclear Power Station, Unit 1) August 19, 1987
)
MEMORANDUM AND ORDER MEMORANDUM (Written Filings Required)
The principal purpose of this Memorandum is *.o provide for written filings on which a final decision in this case' may be reached. For that reason, the written filings should be clearly written and presented, including helpful tables, graphs or illustrations. The written filings should be self-sufficient and should be understandable without cross-referencing --although footnotes may of course be used for legal materials or for additional referente material that has already been filed in the case or that is attached to the filing. If lengthy written filings are submitted, there should be a table of contents, tabs for easy access to sections and documents and a functional binding. All appropriate documentation should be attached and referenced.
I The proceeding was authorized by Order of the Connission on August 7, 1987. The Presiding Officer was designated by Order of the (Footnote Continued) 8801040167 870819 2 -
SECY LIC55 0556 Y
Preliminary Matters: 2 The Staff of the Nuclear Regula*.ory Commission should promptly file all documents of denial and denial of appeal, all notes or transcripts of discussions with David W. Held (Mr. Held), all documentation submitted by Mr. Held, and all other documents the Staff may choose to rely on concerning its denial of a Senior Operator License for Beaver Valley Nuclear Power Station, Unit 1, to Mr. Held. (Staff need not serve on Mr. Held documents that he already has in his possession, providing the identities of the documents served on the Board are clearly described for Mr. Held's benefit.)
Mr. Held shall file by regular or express mail, by October 5,1987, a precise statement of the specific reasons of fact and law why he dis-agrees with the denial issued by the Staff. He shall accompany his statement with reasoned argument and, if necessary, documentation.
The Staff shall submit, by 14 days after the date of a mailed filing by Mr. Held, or nine days after receipt of an express-mail filing by Mr. Held, a precise statement of specific reasons of fact and law concerning any argument with which it disagrees and also stating with which arguments it agrees. It shall accompany its statement with reasoned argument and, if necessary, documentation.
j Either party may accompany its filing with a reasoned request for an oral presentation or for there not to be an oral presentation. A 1
(Footnote Continued)
Chairman of the Atomic Safety and Licensing Board on August 18, 1987. (See the attached Proposed Rules, which have suggestive value in this proceeding.)
i
_ - - _ - - - - _ _ .______-_____--___A
.c-3 Preliminary Matters: 3 request may suggest a site for a presentation, even if the party opposes the holding of a presentation.
ORDER For all the foregoing reasons, it is this 19th day of August 1987 ORDERED:
- 1. That the Staff of the Nuclear Regulatory Commission and David W. Held shall make the filings required in the accompanying Memorandum.
- 2. Filings shall be made on time unless the hearing officer grants an extension for good cause.
- 3. Filings may be rejected unless they are properly served on the opposing party pursuant to the Proposed Rules attached to this order, and they may be rejected for failure to comply with the requirements of the accompanying Memorandum.
-] (
Peter B. Bloch, Presiding Officer ADMINISTRATIVE JUDGE Bethesda, Maryland
)
20089 Proposed Rules '
r * -i = + -
Vol. 52. No.103
( Friday. May 2s. tes7 7tus esamen of ete PEDER5't REGISTER Examine comments received at: The would be required to file a petition for a consens nesses e she pusse et the NRC Public Document Room.1717 H hearing within thirty days of the 8'opeesd leeuence of ndes and Street NW. Washington. DC. esency's publication in the Federal regidamena. he purpees of mese nonces son rustrMen unponesattoes coerract: Register of a notice of the recetpt of an yh,, PaulBollwerk. Attomey. Office of the application or a notice of agency action meseng pner to one asepean of om M General Counsel. U.S. Nuclear relative to an application for a matenals
- ndes. Regulatory Commission. Washington, license.Thus, the publication of an DC 20555, Telephone:(202) 634-3224 initial Federal Register notice regardmg suppteasserramy isspoentarices Section a materials license application genera'!y E 189a of the Atomic Energy Act of1954 will trigger the time for filing a heanrg (AEA) (42 U.S.C. 2239(a)) provides that petition.
O CPR Part 2 in any proceeding for the granting. Under current Commission practice.
suspending, revoking. or amending og howsver. a Federal Register nonce is not any license the agency shall grant a published with respect to each proposed
% Hearing ,,,
hearing upon the or completed materials licensing action vest of any person II"II'I' U**"*I"8 'i whose interest me affected by the that may be subject to a heanng request.
Acessev: Nuclear Regulatory Proceeding. Among the licenses issued While the AEA specifically requires ca..i a .; by the agency are those for byproduct that " interested persons" be afforded a material (AEA sections 81-44. 42 U.S.C. hearing upon request, it does not impow Actions Proposed mio. 2111 through 2114 to CPR Part 30 any requirement that the Commission through 35). source material (AEA publish a Federal Register notice with suannaeWIhe Huclear Regulatory respect to each of the thousands of I^""i"'^" le proposing to amend its sections 6140. 42 U.S.C. 20r1-2000.10 CFR Part 40), and special nuclear materiallicensing applications it regulations to provide rules of procedum material (AEA sections 81-68,42 U.S.C. receives annually. Because of the large for the conduct of informal adjudicatory 2071 through 2078.10 CFR Part 70). In a number of materials licensing actions hearings in materials licensing February 1982 decision, the Commission involved, the administrative and PF"""""fa '!he Atomic Energy Act of declared that, with regard to materials resource burden of a self. imposed 1984 requires that the NRC. In anY licenses, the agency was not requi.ed to mquirement to provide noticeln a'l proceedag for the granting. suspending. afford a formal. trial-type ediu% tory instances, and the relative insyn:ficance revoking, or amending of an NRC hearingunderthe Administrate- of many of the licensing actions license. Including a license involving Procedure Act (5 U.S.C. 554. Oss. 530 involved, it has been the Commission s source, byproduct. and special nuclear Kerr-McGee Corp. (West Chicago Rare practice to provide a published nonce materials. afford an laterested person. Eartha Facility). CLI-as-2,15 NRC 232 only in significant cases.The upon emisest, a " hearing." The (1982). Rather. the Commission found Commission will retain this pracuce. li Commission previously has determined that it was sufficient to afford an no notice is published, however. a that the " hearing" provided for a informal hearing in which the parties are Petition is timely if it is filed wthin materials licensing proceeding need not niven an opportunity to present to the thirty days after the petitioner recm es
- '""Paan all the procedures in NRC [ searing officer their written views and actual notice of the action or propesed regulations that govern formal whatever documentary evidence they action complained of. or with:n one y ir adhdications for the of wish, alho Coaunission's interpretation after completion of the agency action.
pendacties and esthastlost of the type of hearing it need provide in whichever Aret occurs. Further. the I. Rather,ther%=-a-s.-haiegegenuined ====*= with materials licensing proposed rule indicates thet a her.nre that. in most instances, an informal actions was upheld by the United Stutes Petition filed more than one yeat W r hearing with an opportunity to present Court of Appeals for the Seventh Circuit. completion of the agency's av .*
written views is sufBcient to fulfill this City of West Chicago v.NRC,701 F.2d be granted upon a showing of requirement.'this proposed rule 832 (7th Cir.1983). " exceptional circymstanceC ' i' prescribed the procedures that would in order to specify the particular precluded the petitioner fr .-
govern these informal proceedings. procedures that will be applicable in discovering the agency ace ,
l OAfeetPa==aat period expires July 28. such informal proceedings, the petitioning for a hearing ear . -
1937. Pa==aats received after this date Commission now proposes to add a new The requirements in i 2.120: *.
will be considered ifit is practicable to Subpart L to Pan 2 ofits rules in Tit!e 10 filing of hearing petitiens wr . * -
- do so but assurance of consideration of the Code of Federal Regulations. The change the requirements in i 2 '
can be given only for comments filed on chief differences from the Subpart G the time for filing applicant y' .e -
or before that date. " Rules of General Applicabihty" for petitions following a notice a:
formal adjudications are discussed a notice of proposed denial.
l' Aeoneesent Submit written comments below*
I to: Secretary. U.S. Nuclear Regula tory Provision for Hearings Subsequent to Commission. Washington, DC 20555 Time for Filing a Hearing Petition Grant of a License ATTN: Docketing and Service Branch. Under proposed i 2.1205(c). While section189a of the A Hand deliver comments to: Room 1121. " interested persons"(other than an Energy Act (42 U.S.C. 2:30 -
1717 H Street. NW., Washington. DC. applicant or licensee) wishing to request provisions that govern w het N between 8:15 s.:n. and 5:00 p.m. a heartng on a matenals licensing action hearing must be providml up -; -
ar-20003 Federal Regist:r / Vol. 52. No.103 / Fridcy May 29, 1987 / Propos:d Rulis i
prior to staff action with regard to opportunity for hearing and any hearing. Nonetheless, the " distance standard" '
"Its importance of this factor is established by NRC case law for reactor construction permits and heightened by the fact that the agency standing in nuclear reactor licensing sperating licenses, the Act says nothing specific about whether such a hearing reviews and processes literally proceedings, whereby persons residing thousands of materials license within fifty miles of a facility generally ,
requested by an interested person must I applications each year KerrMcGee are considered to have standing. see.
be completed prior to agency actiort, granting or denying a matarials license. Corp.,15 NRC at 2aL Finally, it is eg.. Tennessee Volley Authority (Watts sigmficant that the materials involved in Bar Nuclear Plant. Unita 1 and 21. l
'Ihe proposed rule therefore does not preclude, and in fact contemplates, the the vast majority of cases, when ALAB-413. 5 NRL .418.1421 n 7 (19*71. l grant of a license by the NRC staff prior compared to power reactors, involve a not applicable in isatenals licensing i to any initial decision in any proceeding substantially less hazard. Id. at 262. proceedings. Instear, the interest of the convened as a result of a heanna Taking these factors into account, the petitioner must be assessed in terms of request. Commission believes that so the particular licensed facility or activity Of course, the lack of any statutory appropriate balance is struck by its at issue in the matenals licensing directive will not reheve the agency of present practica of not requiring that proceeding.
i any obligation constitutional due completion of any requested bearing be a prerequisite to every licensing action Hearing File i process may impose.Due process I generally requires that if a by the agency while providing that any Following a presiding officer.s j constitutionally protected right to a " interested person" who believes the determination to grant a hearing request hearing ensta. opportunity for that effectiveness of the licensing action will because the requestor has standing. ,
hearm' q must be afforded before agency be harmful to his or her interests can I 2.1231 requires that the NRC staff -
action t>ecomes effective. Es.. OPP request a stay from the presiding officer. assemble and make available to +e Cotton Mills v. Administrator. 312 U.S. Section 2.1263 of the proposed rule presiding officer and the parties a 126.153-53 (1941). It also h4s been outlines the procedure for making such hearing file of materials celevant to the recognized, however, that in particular requests. licensing proceeding. *lte file would 1 circumstances a balancing of the private Designados of a Single Hearing Officei' include the application and any i and governmental interest involved may amendment thereto, as well as any l allow government action to precede any Unlike reactor licensing proceedings environmental assessment or impact !
hearing.See, e,g ClevelandBoardof in which a three<nember board is statement and any N?!C report or any Education v. Loudermill 470 U.S. 532, established to conduct any hearing, for most matarsals licensing proceedings correspondence between the NRC and )
542 nJ (1985); Hewift v. Helms. 459 U.S.
460. 476 n.8 (1983):Parrett v. Toy /or. 451 only a single hearing officer would be the applicant relating to the application. j U.S. 527, 540-41 (1981); Barry v. Barch/. appointed by the Chairman of the The hearing file also would be placed by )
Atomic Safety and Licensing Board the staff in the NRC's public document 443 U.S. 55,64 (17/9). A weighting of those interests here has led the agency Panel (ASGP) from the panel's room (PDR) and in any appropriate local to conclude that a relicensing hearing membership to rule on a petition for PDR. If a local PDR did not exist, as it hearing and if a hearing is granted, does not for the overwhelming maionty is not necessarily required.
preside ovsr the adjudication.The of materials licenses, then the applicant The private rights involved in this instance are two-fold: The right of the extaption to this rule is for proceedings would be responsible for making the applicant to a reasonably prompt on Part 70 licenses to receive new fuel at hearing file provided by the NRC staff I administrative assessment of and reactor facilities that are subject to an publicly available during regular determination about its application so it ongoing proceedmg for an operating business hours in the vicinity of the ,
can go forth with its planned activities license under Part 50. In such instances, principallocation where the nuclear ,
and the right of other " interested the thrweeanbar licansing board matenal that is the subject of the persons" to challenge the requested con _ the Part 50 proceeding also application will be possessed. Th2s licensing action on the basis of their will the Part 70 application in could be done by the applicant in a bestansc W acessdemos astet the talamet number of different ways, tncludmg I ham . M edseist so procedeses la peepened Subpart L unle'* making the !!!e available at a local i the board oortines to the r%anmission l
the envirn==ent into this halanne ales Eublic library' !
must be weighted the governmental that the matters presented for Although the proposed rule prom 36 l interest in avoiding delay in the adjudication are substantially the same that no discovery by the parties is administrative process that will b* as those being litigated in the operating allowed in informal proceedings. ,
caused by halting all action on the license proceedmg. Upon certihcation. creation of the hearing file is mtence3 -
application pending notice of - the Part 70 lasues can be adjudicated gwe all parties in such proceedmes usmg the formal heanng procedures in access to the central documentat:en ,
i ne due amoe.s risht of a 1. cense appucant or . 10 CFR Part 2. Subpart G. relatmg to the application for use in ;
bcenne to e hearing with resard io its mquet fo, prepanng wntten and oral bceans ecuan has been mcosmad. e s . sumey e.
Requirements for Standing Umred Seone sus F 2d 1170. tin.rs isth Ctr 19a2k presentations. Moreover. as prop: o cart demed est UA a:7 tissat Co&wher
- Ascher Und.er. the proposed i 2.120s. the focus t 2123 (c) mdicates the NRC suff .
Co v. sesion ear rad toer, non a a.12 mb car. of an tmtial request for hearing or a gn en the contmuing duty of kee,, _- _
isan whether other "miernied panoos" have such petition to intervene is to be the issue of heanng file for a proceedmg cum""
e due process risht is lese appemnt. Cary of West 3tanding. In turn, the presiding officer's supplementmg it with appropra
..S[ noi)thNaNs1n ot$sa d determination about whether the petitioner for a hearing has standing documents that are generate & -
of a hcenn, the Admmistranve Procedure Act. s fde is estabhshed mitially. Fur" u s c ssaisk and to ent z.tas provide ihai the would be in accordance with the issue that ar;ses os er the appry eusims beense witt amam an errect, whether or not Commission's existmg practice and
' " would include a consideration of the documents to be mduded m te :
h'n's$'n e"rNdeE YnSt h[en7." ' factors set forth at 10 CFR 2J14(d). be resolved by the presictra of s -
epouceuoe, l
7.1 f Fed;ral Register / Vol. 52. No.103 / Friday May 29. '2987 / Proposed Rules 20091 m
wges, pressmentless and Discretion To specific questions or the line of informal adjudications, these pleid Osel Pr====***'a== questions for the witness has been prohibitions can in some circumstances approved by the presiding officer. Free. have due process implications.See Under rule ter a hee W would given an opportunity to mage ranging cross. examination would not be Bethlehem Steel Corp. v. EPA. 638 F.2d allowed. De Commission contemplates 994.1006-10 (7th Cir.). cert. denied. 447 that oral presentations or oral U.S. 921 (1980) United States lines v.
made under oath questioning would not be necessary in FMC. 584 F.2d 519,536-42 ID.C. Cir.
ta are 1978).The crux of judicial concern m or amtmation. nose filed by an the vest majonty of cases.
nereafter, on the basis of the hearing this regard is that the decision resulting applicant challenging a proposed - from the adjudication should not be denial or a denial of its licensing request file, any information presented under must desmibe with particularity any oath in written or oral presentations. based upon information about which the danciacy w unissia in se maff's and any facts that might be officially parties have not had notice and a action. Similarly, the written noticed, the presiding omcor would chance to provide their views.
make an initial decision. His decision Bethlehem SteelCorp. 638 F.2d at 1009-penmudon of inkrveom challenging would be subject to review by an
> an application for licensing action must to: UnitedStates Lines. 584 F.2d at 56 Atomic Safety and Licensmg Appeal 41. Proposed i 2.1215(c) addresses this
. descnbe in detail any deficiency or .
Board under the same procedures as concern by providing that an mitial omission in the application. Each exist for the appeal of initial decisions decision can only be based upon written presentation also must be in formal adjudications under Subpart G information with respect to which all appormd by all docummudon or of to CFR Part 2.
information that supports or illustrates parties have had notice and an in the event that the presiding officer. opportunity to comment.
wh8ciacy w animion complained of. Subsequent attempts to present or to mly upe o&er documetsuon w "p ," ["[* og th$t a full Separate Views of Ceaunissioner Asseletime i
and fair airing of the issues in the Information would require the Proceeding requires that additional permission of the givesiding omcor. In I do not support publication of this procedures should be used, such as rule for one very simple reason. The rule ad&da w Ming b pwdn* Wings, discovery or allowing the parties to contains no provision requinng that the the iding omcer could require that
" pro de n ce f cens a the parties answer his or her written [* ' ' h *h*'cnduc
, l
'Ngaa*f c;2"=";$ fo"U"PmceiA"i2E"a'uT1'"
,is c,ed , e
" " d
. ei.Te'#C fic, ,d2a'E:"h Lf i
for the creation of an adequate record t use e tional p or to n Pme mce d an for decisios, oral presentations to the PPortunity for a heanns in any sese a have the Commission convene a formal " ' " * * * "^
presiding officer by the parties or oral adjudication.The Commission a tua pmen y e spp ate n th ast m jo ty cf licensing action are allowed. An oral cases.SeegenerallySequoyoh T&!s
- "* at 'I *Eht h'"' ' "8ht presentation by the parties would be a h anng e est c "
Corporation (Sequoyah UP. to UF. rig t to a heering a o tt e t f r.o approprku h instanca when the Facility), CLI-46-17,24 NRC 480 (1988).
presiding omcor is convinced that such one knows about it.
a presentation is the most expeditious Role of De NRC Staff EnviroementalImpact: Categorical way to clarify or resolve specific Another important change in Exclusion ambiguities or controversies arising procedure proposed in these rules of from the written presentations. Although procedure is the role provided for the The NRC has determm.ed &at this such presentations generally would be NRC staff. In formal hearings under proposed regulation is the tm .f te, n similar to the nontestimonial oral Subpart G of 10 CFR Part 2. the staff is a desenbed in categoncal excien 1) argumenta held with respect to motions party to the proceeding. Under the CFR 51.22(c)(1).Therefore. n* an in formal adjudicatory proceedings. in proposed rule, in instances other than an environmentalimpact statemn' not n the event a party wished to make any applicant. or licensee initiated heanns enuronmental assessment h $5 %d additional factual presentations for the following a denial or proposed denial of prepared for this proposed rem e record, under i 2.1233(b) the presentor an application, the staff need not Paperwork Reduction Review would be required to be under oath. assume such a role,instead,it may Oral questioning of amants or of decline to participate as a party in the This proposed rule contains o information collection rege~n's n principals or employees of the applicant proceeding.However,if the staff or licensee. also under oath, might be therefore is not subject to de subsequently determined it wished to allowed in addition to or in lieu of an assume party status or the presiding requirements of the Paperwork oral presentation in instances when the officer decided it should participate as a Reduction Act of1980(44 U S C. E01 s veracity or demeanor of such party, under proposed i 2.1213 the 887 I-individuals is at issue and is critical to presiding officer could afford or impose Regulatory Ar.alysis resolving an important matter in party status.
controversy. Normally such questioning The Atomic Energy Act affcHs would be done by the presiding omcer Reetr6ct!ans on Private Communicadons interested persons the nght ta a Mem on the basis of his or her concerns and wie Adjudicates regarding a materials licensteg any questions of the parties the Despite the lack of any statutory proceeding. As the Commisun presiding officer finds appropriate.The requirement that the Commission apply pre nously indicated in its deco ~r -
proposed rule also contemplates that the ex porte and separation of functions Kerr AfcGee Corp.,15 NRC at m ~
use of informal proceduras m. *
- oral questioning could be done by the prohibitions cf the Administrative
"'a par'tes themselves, but only after the Procedure Act (5 U.S.C. 554(d) 557(d)) to cost and delay for the parates ar J
. _ _ _ _ _ _ - _ - a
e .
Federal Registar / Vol. 52. No.103 / Fridcy. May 29. 1987 / Proposed Rules f
, 3 033
- 2. Subpart L of Part 2 is added to read Commluton than the use of formal. trial- year regarding materials licensing as foHows:
edures, the only other appucationaJhus,in occadance we pr[* urelalternative. Also, procedures the Regulatary Flex 2bility Act. 5 U.S.C., gg,, g,,,,,, ,,
. must be la place to allow for the orderly 605(b), the NRC hereby certifies that this ,,, a g gg,,,,,,, ye,n,,,
conduct of those adiodications. rule,if promulgated, wdl not have a , , _
Codifying the informal bearing significant economic impact upon a C-procedures for materials licensing substantial number of small entities.
proceedings is preferable to the only S'.1201 2 Scope of subpart.
List of Subjects to le CFR Part 3 2.1203 Docket:Rting semco other alternative, which is the present 2.1205 Request for a twanns pennon for (
practice of setting forth the procedures Administrative practice and "
to be followed on a case-by case basis. procedure. Antitrust. Byproduct 2.1207 presiding officer.
By codifying the procedures. the material. Classified information. 2.1209 Power of pruidme officer.
Commission will evold the expenditure Environmental protection. Nuclear 2.1211 Participat on by e person not a party of time and resources necessary to materials. Neclear power plants and 2.1213 Role of the NRC staff.
prepare the ladividual orders that reactors. Penalty. Sex disenmination. 2.1215 Appearance and practice.
previously have been used to designate Source matenal. Special nuclear those procedures. It thus is apparent material. Waste treatment and disposal.
that this proposed rule is the preferred 2.1231 Hearing file: prohibition on For the reasons set out in the "' N' alternative and the cost entailed in its preamble and undet the authonty of the .
promulgation and application is " " * "" " '
Atomic Energy Act of1954 as amended. qens.
necessary and approp inte.Th, the Energy Reorganization Act of 1974. 2.1235 Oral prewstations oral questions.
fo ing discussion constitutes the as amended and 5 U.S.C. 553, the NRC 2.1237 Canaderation of Commission rules tory analysis for this proposed is proposing to adopt the following and reguisoons ta infonnal
,* adjudications.
amendments to 10 CFR Part 2:
BedSt Analysis ,
2.1239 Settleeneet of matenals licensmg PART 2- RULES OP PRACTICE POR proceedinea. f add to sy tems stru , components. Inittel Mh Commiseaan Review. and or design of a facility: the design 1. The authoeity citation for Part 2 is U"'I "" 8
~
approval or manufacturmg license for a revised to read as follows: 2.1251 Initial decision and its effect.
nuclear reactor facility 1 or the 2.1253 Appeals from initial decisions.
Authority: Sees.181.181. 68 Stat. 948,953. 2.1255 Rev6ew by the Atorme Safety and pmadures or organization required to as amended (42 U.S.C 2201,2231): sec.191. as design, construct, or operate a facility, !Jcensing Appeal Board arnended. M L 87-815,79 Stat. 400 (42 2.1257 Renew of decisions and actions of Accordingly, no backfit analysis pursuant to 10 CFR 50.100k) is required efd (42 .S Sa41k 5 U.S C 2. Board for this proposed rule. Sectior.1101 also teound under secs. 53 62. 2.1259 F$al decaseon: petition for ,
818L tot los. toa. 88 Stat. 930,931931936. reconsideration.
Regulatory flexibuity Certi&ation 937. 934. as amended (42 U.S.C 2073. 2002. 2.1281 Authonty of the Secretary to rule on
,ge proposed rule wd! not iave a 2093. 2111. n33. n34. M35) sec.102. Pub. L procedural matters. f signtScant economic impact upon a 91-190. 83 Stat. 853. as amended (42 U.S.C 2.1283 Stays of NRC stafflicensing actions substantial number of small er; titles. 4332); sec. 301,88 Stat.1248 (42 U.S.C. 5871). and decisions of a paesiding officer. an .
Many materials licensees or ir tervenors Sections 2.102. 2.103. 2.104. 2.105. 2.721 also Atomic Safety and Licensing Appeal l
fall within the definition of small issued under seca. 102.103.104.106.183.189. Board or the Commission. pendmg businesses found in section 34 of the 68 Stat. 93e. 937. 93a. 954. 955. n amended (42 heanns or reeww.
Small Busines Act,15 U.S.C. 632. or the U.S.C 2132. n33, 2134. n35. 2233. 2239).
Small Business Size Standards set out in Section 2.105 also issued under Pub. L 97- Subpart L-informal Hoenng regulations issued by the Small Business 415. 9e Stat. 2073 (42 USC 2239). Procedures for Adjudications in Administration at 13 CFR Part 121. or Sections 2.200 through 2.20e also lasued Materials Licensing Proceedings the NRC's size standards published under secs. 186. 234. 68 Stat. 955. 83 Stat. 444.
as amended (42 U.S C 223e. 22a2); sec. 206. 88 9 2.1201 Scope of subpart December 9.1985 (50 FR 50241). While SC the proposed rules. if adopted. would 6M2jfd2 The general rules in this submt g g, , , ,,
i reduce the burden on licensees ' gown procedure in any ediuc:catan under Pub. L 97-415. 98 Stat. 2071 (42 U S C. initiated by a request for a heanng .n i interveners because of the informal 2133) nature of the hearing, the requirement proceeding for the grant, trinsfer.
Sections 1800 throush 2.eos also issued that they submit filings and . under sec.102. Pub. L 91-190. 83 Stat. 853 as renewal or hcensee mitiated documentary information detailing amended (42 U.S C 4332). amendment of a matenals licen>e contested legal and factual issues is still Secuans 2.700s 2.719 also inued under 5 subject to Parts 30. 32 throgh 35. 40 or 7 required. Some cost reduction in U.S.C. 554. of this chspfer. Any adjudication comparison to the cost of pa:ticipating Sections 1754. 2380. mo also issued regardmg a materials license sd e 'o in a formal adjudicatory hearing can be under 5 U.S.C 537 Parts 30,32 through 35,40. or 0 ot :s l
anticipated, although that reduction as a Secuen 2.790 also issued under sec.103. 68 initiated by a notice of heant.g ,ss.xd
( whole may not be significant. Further.
St*t. 93a. as amended (42 U.S,C 2133) and 5 under 61104. a notice of propcsed M C 552. action under i 2.105. or a request fc r the use of infortaal rocedures will not s2 increase significant y the burden upon "55b .800 and 1808 also issued under 5 hearing under Subpart B of to CFR Pc' licensees to respond to hearing requests. Section't.800 also saued under 5 U S C. 553 2 on an order to show cause, an u y i Since the Commission's determination and sec. 29. Pub. L 85-256,71 Stat. 579. as for modification of hcense or a . . .
in 1982 that use of such procedures was penalty,is to be conducted in amended (42 USC. 2039L appropriate. it has received. on average. Appendut A also issued under sec. EL Pub. accordance with the procedarm '
fewer than five beanng requests per L 91-580. 84 Stat.1473 (42 U.S.C. 2135). forth in Subpart G of 10 CFE P.c -
6 , ,
FedIr:1 Regist:r / Vol. 52. No.103 / Friday May 29, 1987 / Proposed Rules 20093 12.1203 Docket; fans; service, agency action granting an application. hearing must be published in the Federal f al The Secretary shall malttain a whichever first occurs. A request for a Register that must state-
. Met for each adjudication subject to heanng filed more than (1) year after (1) The time, place. and nature of the e subpart commencing with the filmg effective completion of the agency heanng:
o(a request for a heanng. All papers. action will be granted only upon a (2) The authority under which the including any request for a heanng. showmg of exceptional circumstances heanns is to be held:
petition for leave to intervene. for the late filing. (3)The matters of fact and law to be correspondence, exhibits. decisions. and (d)The request for a hearing filed by a considered; and orders, submitted or issued in the person other than an applicant must (4) The time within which any other proceedmg: the hearing file compiled in desenbe in detail- person whose interest may be affected accordance with 12.1231: and the (1) The interest of the requestor in the by the proceeding may petition for leave transenpts of any oral presentations or proceeding: to intervens. as specified in paragraph oral questioning made in accordance (2) How that interest may be affected (j) of this section.
with i 1236 must be filed with the Office by the results of the proceed *ng. (j) Any petition for leave to intervene, of the Secretary and must be included in including the reasons why the requestor which must be filed within thirty (30) the docket. should be permitted a heanng, with days of the date of publication of the (b) Documents will be considered filed particular reference to the factors of notice of hearing must set forth the with the Office of the Secretary in paragraph (g) of this section: and information required under paragraph adjudications subject to this subpart (3) Die specific sepect or especta of (d) of this section. A petition for leave to
t h e r- the subject matter of the proceeding intervene must be served upon the (1) Dy delivery to the Docketing and about which the requestor wishes to be applicant and upon the NRC staff, by Service Branch of the Office of the heard. delivering it personally or by mail to the Secretary at Room 1121.1717 H. Street (e) Each request for a heanns must be Executive Director for Operations. U.S.
NW. W ashington. DC. or served. by delivering it personally or by Nuclear Regulatory Commission.
(2) By mail or telegram addressed to mad to- Washington. DC 20555. Within ten (10)
( ) The applicant (unless the requestor days of service of a petition for leave to mn on'W t 5. is the applicant); and -intervene. the NRC staff and the Attention: Docketing and Service (2) The NRC staff. by delivery to the applicant may file an answer.
Branch' Executive Director for Operations. U.S. Thereafter, the tition for leave to Fihng by mail or telegram will be Nuclear Regulatory Commission. Intervene must ruled upon by the complete as of the time of deposit m the Washington, DC 20555. presiding officer, taking into account the mad or with the telegraph company. (f) Within ten (10) days of service of a factors set forth in paragraph (g) of this (c) Computation of time shall be done request for a hearing filed under section. lf the petition is granted. the m accordance with 12.710. paragraph (c) of this section. the petitioner shall be considered a party to apphcant may file an answer.The NRC the proceeding.
t on fo eave to inte e ust be staff may file an answer to such a (k) A nontimely petition forleave to Smed in accordance with 6 2.1205 (e) request for a bearing within ten (10) intervene will not be entertained absent days of the designation of the presidmg a finding by the Commission or the in r to b sened s the presi fficer. presiding officer that the tition should officer, the Atomic Safety and Licensing (g)In ruling n a request for a bearing be granted based upon a alancing of A P 1Bo d. the C i sion sha11 filed under paragraph (c) of this section. the factors set forth in 12.714(a)(1)(i) d ect* the presiding officer shall determine that through (v), in addition to those set forth i 2.1205 Roguest for a hearing: poetion the requestor meets the judicial in paragraph (g) of this section.
tor leave to intervene. standarsi for standing and shall (1) The filing or granting of a request (a) Any person whose interest may be consider, among other factors- for a hearing or a petition for leave to affected by a proceeding for the grant, (1)The nature of the requestor's right intervene need not delay NRC staff transfer. renewal. or licensee-initiated under the Act to be made a party to the action regarding an application for a amendment of a materials license proceeding: matenals licensmg action covtred by subject to this subpart may file a request (2)The nature and extent of the this subpart.
for a heanng. requestor's property, financial, or other (m) An order granting a request for a (b) An applicant for a bcense. e interest in the proceedin'g; and heanng or a petition for leave to beense amendment a license transfer. (3)The possible effect of any order mtervene may condition or limit or a hcense renewal who is issued a that may be entered in the proceeding participation in the interest of avoiding notice of proposed denial or a notice of upon the requestor's interest. repetitive factual presentations and denial must m all cases file a request for (h)If a hearmg request filed under argument.
a heanng withm the time specified in paragraph (b) of this section is granted. (n)In the event the presiding officer i 2.103. the applicant and the NRC staff shall be wholly denies a request for a heanns or (c)The request for a heanns of a parties to the proceeding. If a heanns a petition for leave to intervene. that person other than an applicant must be request filed under paragraph (c) of this action is appealable within ten (10) days fded (1) within thirty (30) days of the section is granted, the requestor shall be of service of the order on the question agency's publication in the Federal a party to the proceedmg along with the whether the request for a heanns or the Register of a notice of the receipt of. or applicant and the NRC staff,if the staff petition for leave to intervene should action relative to. an application. or (2) chooses to participate as a party in have been granted in whole or in part. If if no such notice is published, withm accordance with 5 2.1213. a request for a heanng or a petition for thirty (30) caye after the requestor (i)If a request for a hearing is granted leave to intervene is granted, parties eives actual notice of a pending and no notice of opportunity for a other than the requestor or petitioner
'ication or agency action grantmg an hearing previously has been published may appeal that action within ten (10) shcation or within one (1) year after in the Federal Register, a notice of days of service of the order on the