ML20247G020

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Partially Withheld Memo Forwarding Draft Insert for Record of 860716 Hearing Before Subcommittee on Energy Conservation & Power of House Committee on Energy & Commerce
ML20247G020
Person / Time
Site: Pilgrim
Issue date: 07/24/1986
From: Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Asselstine, Roberts, Zech
NRC COMMISSION (OCM)
Shared Package
ML20245D175 List:
References
FOIA-88-198 NUDOCS 8905300256
Download: ML20247G020 (4)
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. .**I..ceng),, UNITED STATES Roe j a NUCLE AR REGULATORY COMMISSION

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'% , , , , , /* July 24, 1986 Renton__

- GCunningham tiurley Chairman Zech 4 MEMORANDUM FOR: C/

Commissioner Roberts Commissioner Asselstine N (f Commissioner Bernthal k

FROM: Carlton Kamerer. Director Office of Congressional Affairs

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OGC INSERT FOR MARKEY HEARING ON MGT/ pit. GRIM I

SUBJECT:

Attached for your review / comment is a draft insert for the record of the #

- July 16 hearing before the Subcommittee on Energy Conservation and Power of the House Comittee on Energy and Comerce. Pertinent pages of the -

transcript are also enclosed.

Please provide any coments to OCA by noon on Monday, July 28.

Contact:

J. De1 Medico, x4-1444 c: SECY t s

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4'h3 in this reccid MS del 0 led .

e ce,gy ,e w;1h the Fredom of information-

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yj53fg6890523 JOHNSON 88-198 PDR ,

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. .: PAGE 77

' gang nip 197030 1840 organizations have submitted a show cause petition under the 1841 regulations at 10 CPR 2.206 requesting that NRC suspend Filgrim's operating license. The first quastion is what 1842 1843' standard must be met by petitioners who are requesting a 1844 hearing, Mr. Chairman?

1845 Mr. ZECH. Can I ask my Office of General Counsel, Mr.

1846 parler, to respond to that question?

1847 Mr. MARKEY. If the gentleman would identify himself for

. 1848 the record.

Mr. PARLER. My name is William Parler. I as the general 1849 1850 counsel of the agency.

1851 Mr. MARKEY. Excuse me. You don't know what that standard .

4 1852 is, Mr. Chairman? ,

1853 Mr. ZECH. I know there is a standard, but I think it would 1854 be appropriate to give you specifics, Mr. Chairman, and I 1855 would much prefer to have the office of General Counsel give 1856 you those specifics, with your permission.

1857 Mr. MARKEY. I recognize the counsel for that purpose.

1858 Mr. PARLER. Iha general standard for hearings is an 1859 Section 189 of the' Atomic Energy Act. Any person who 1860 demonstrates that the person's interest may be affected by a 1861 proceeding oc by a situation, that is the touchstone for 1862 hearings.

1863 Mr. MARKEY. Now, do you believe that the standard you have 1864 dust enunciated is being met in this particular case?

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PAGE 78

  • - NAME: MIT197030 Mr. PARLER.

In what context, sir?

1865 The show cause petition.

1866 ,

Mr. MARKEY.

g I only heard about the show cause Petition 1867 Mr. PARLER.

this morning.

It is my impression that it was $ust 1868 1869 received.

Chairman, I just saw it 1870 Mr. ZECH. If I may interrupt, Mr.

last night myself.

I don't think genera 1 counsel has had a 1871 I have only seen,it briefly.'I can 1872 chance to review it.

1873 assure you, though, that we,are going to look at all the to us very carefu'lly, and the staff has just 1874 items Presented We will review received the report Probably this morning.

1875 and certainly any of those that have l 1876 those items carefully, safety imp lications, we will review with the greatest of 1877 the Plant until at least 1878 care and don't intend to start uP ,

1879 those safety items that we determine are resolved.

1880 Mr. MARXEY. It seems to me that in this Particular case 1881 the Petitioners are quoting from NRC-generated documents, 1882 and that on that basis alone, they seem to have some 1883 material relevance to the question.

All I can say' Mr. EECH.

I as sure the do, My. Chairman.

1884 1885 is that we simply need tiae to review them carefully. We 1886 intend to do that.

Mr. MARXEY. Can I ask historically how many show cause 1887 in fact, been recognized by 1888 Petitions over t'ha yours have, 1889 the Commission? o S

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, gng n M11191030 Mr. ZICH. Mr. Parler, can yot respond to that, pleaset

., . jggo There have been 1891 Mr. PARLER. I don't have the numbers.

f 1892 quite a few Section 2.206 Petitions that have been filed.

1893 Out of the number that have been filed, I think that q 1894 relatively few have resulted in hearings. 1 1895 Mr. MARKEY. What I am saying is out of hundredt that may {

1896 have been filed over the history of the Commission, are we 1897 talking about one hearing that night havs been granted, or 1898 five, or fifty? What is the range we era talking about?

899 Mr. PARLER. With your permiss' ion, Mr. Chairmon, I would 1900 like to get that information and supply it for the record.

1901 I just don't have 1 Jn nv-?head./ -

3 Mr. MARKEY. Com sioner Asselstine, do you have any 1902 1903 information?

Mr. ASSELSTIME.

Mr. Chairman, I think it is a very small 1904 1905 number. Ihe one that I can ramenbar is the Indian Point 1906 special proceeding. I think that proceeding was begun as a 1907 result of petitions filed with the Commission. A second one I think, is the 1908 that is somewhat analogous, at least, 1909 ~ question of restart of TMI Unit 1. That was a unc4*1 1910 proceeding that the Commission on its own initiative began.

At least Indian 1911 Ihose are the two that I can think of.

1912 Point is the only one I can recall that resulted from 191 3 petitions being filed with the Connission.

191 4 Mr. MARKEY. So it's a handful, at best.

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