ML20247H699
| ML20247H699 | |
| Person / Time | |
|---|---|
| Site: | 07000025 |
| Issue date: | 07/16/1989 |
| From: | Bloom A AFFILIATION NOT ASSIGNED |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| Shared Package | |
| ML20247H685 | List: |
| References | |
| NUDOCS 8907310108 | |
| Download: ML20247H699 (6) | |
Text
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.s Alan Jey Bloom 94 Buckskin Road Bell Canyon, CA 91307
- d,0i4 V g3 R21 n9
- 32 June 16, 1989 Nuclear Regulatory Conmission 1450 Maria Lane Walnut Creek, CA 94596 ref: License Renewal at Rocketdyne Santa Susana Facility
Dear Sirs:
I am writing this letter to formally protest the renewal of the license for the Rocketdyne Santa Susana Facility to possess enriched uraniun and plutonium.
I am a resident of Bell Canyon California, a residential ccanunity bordering on the Santa Susana Rocketdyne facility.
Recent articles in The Daily News shows a definite lack of supervision and control at this facility, and I fear that ground water cont aination may be taking place via Bell Creek which runs through our connunity, and specifically, through my property. Nobody knew of radioactive materials at this site as we all thought it was a rocket testing facility.
I also demand the identification, removal, and clean up of any hazardous materials, radioactive or otherwise, at this facility.
In addition, there needs to be an analysis of soil, ground water, and drinking water in our comrunity.
The eyes of an entire connunity are on your proper handling of this matter.
Sincerely, d%
Alan Jay'Bjo s
8907310108 hh25 ADOCK FDC PDR C
l PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSIN6 PROCEDINGS considered.
(b) Documents are Gled whh the (C) A person other than an applicant (d) The provisions of paragraph (c) of Office of the Secretsryin adjudications 1
a request for a heanng I
this section riall apply only with subject to this subpart either-respect to huenses, authornations, or (1) By delivery to the Docketing and (1) Thirty (30) days of the agency's 1
I smendmenta to licenses or Service Bronch of the Office of the publication of the initial Federal authonzations applied for under the Secretary at One White Flint North-Register notice referring or relating to an Atornic Encryy Act of 1954. as amended.
11555 Rockville Pike, Rockville MD application.or t)g licensing setion l
before December 31.2005.
20852;or requested b an application, which must include a te rehte to the opportunity l
(e) Unless the presiding officer (2) By mail or telegram addressed to for a hearing under the prccedures set
., disposes of allissues and dismisses the the Secretary, U.S. Nuclear Regulatory forth in this subpart; or 3 proceeding. appeals from the presiding Commission, Washington, DC 20555, (2)If a Federal Register notice is not I officer's order disposing of issues and Attent2on: Docketing and Service published in accordance with paragraph E designating one or more issues for Branch.
(c)(1). the earlier of-E resolution in an adjudicatory bearing are Filing by mail or telegram is complete (i) Thirty (30) days after the requestor interlocutory and must await the end of as of the time of deposit in the mail or receives actualnotice of a pending the proceeding' with the telegraph c >mpany. Filing by application or an agency action granting other means is complete as of the time an application: or, l 2.1117 Apppeabiaty of other sect 6ons.
of delivery to the Dockrting and Service (ii) One hundrea and eighty (180) days in proceedings object to this subpart.
Branch of the Office of the Secretary, after age action granting an the provisions of Subparts A and C of to (c) Each document submitted for filing PP gd)The reque at for a hearing fded by a CFR Part 2 are also applicable. except a
e
, n e 1 ibit, hl pers n other than an applicant must where inornsistent with the provisions of this subpart.
t ed. must bear the docket number and describe in detail-e title of the proceeding, and,ifit is (1) The interest of the requestor in the kSubpart L-Informal Hearing the first document filed by that proceeding:
participant, must designate the name w dat hst my b abcW Procedures for Adjudication in and address of a person upon whom h the results of the proceeding.
Materiale Licensing Proceedings service can be made.The document also
' " ' " 8
'"' "' "U
- '9""I '
must be si ned in accordance with should be permitted a hearing, with I
,g i 2.1201 Scope of subpart.
I 2J08(c). A document, other than particular reference to the factors set The general rules in this subpart c rrespondence, must be filed in an out in paragraph (g) of this section:
~
(3) The requestor's areas of concern govern procedure in any adjudication y original and two conforming copies.
,, about the licensing activity that is the initiated by a request for a hearing in a. Documents filed by telegram are proceeding for the grant, transfer, E verned b i 2J08(f). A document that $ sub}ect matter of the proceedin : and (4)The circumstances establ hing renewal. or licensee-initiated E alls to co orm to these requirements g that the request for a hearing is timely in amendment of a materiallicense subject may be refused e :ceptance for filing and 3 accordance with paragraph (c) of this to Parts 30. 32 through 35,39,40. or 70 of may be returned with an indication of section.
this cha Aer. Any adjudication regarding the reason for nonacceptance. Any (e) Each request for a hearing must be a matenals license subject to Parts 30, document tendered but not accepted for served. by delivering it personally or by 32 through 35,39,40, or 70 that is films may n t be entered in the docket.
mail to-initiated by a notice of hearing issued (d) Computation of time and extension (1) The applicant (unless the requestor under i 2.204, a notice of proposed and reduction of time limits is done in is the applicant): and action under i 2.105, or a request for accordance with Il 2710-2511.
(2) *lhe NRC staff, by delivery to the hearing under Subpart B of to CFR Part (e) A request for a hearing or a Executive Director for Operations. One 2 on an order to show cause, an order petition for leave to btervene must be White F' int North,11555 Rockville Pike, for modification of license. or a civil served in accordance with i 2112 and Rockville, MD 20852, or by mail penalty,is to be conducted in i 2.1205(e). (j). All ott.er documents addressed to the Executive Director for accordance with the procedures set issued by the presiding officer, the Operations. U.S. Nuclear Regulatory E forth in Subpart G of10 CFR Part 2.
Atomic Safety and Licensing Appeal Ccmmission, Weshin ton, DC 20555.
g Board, or the Commission or offered for (f) Within ten (10) s of service of a i 2.1203 Docket:lding; service, filing are served in accordance with request for a hearing filed under (s) The Secretary shW1 maintain a i 2J12.
paragraph (c) of this section, the docket for each adjudication subjecuo applicant may file an answer. The NRC this subpart, commencing with the filing i2.1205 fisquest for a hearing: Petition staff. ifit chooses or is ordered to of a request for a hearing. All papers, for leave to Intervena, participate as a party in accordance including any request for a hearing, (a) Any person whose interest may be with I 2.1213. may file at answer to a petition for less e to mtervene, affected by a proceeding for the grant, request for a hearing within ten (10) correspondence, exhibits, decisions, and tranrfer. renewa! or licensee-initiated days of the designation of the presiding orders, submitted or issued in the amendment of alicense subject to this OfflC"-
proceeding: the hearing file compiled in subpart may file a request for a hearing.
g,8) In lirg on a reques f hearir I
accordance with 12.1231: and the (b) An applicant for a license, a d
transcripts of any oralpresentations or license amendment, a license transfer, the presiding officer shal'i determine that oral questioning made in accordance or a !! cense renewal who is issued a the specified areas of concern are with $ 2.1235 or in connection with any notice of proposed denial or v. notice of germane to the subject matter of the appeal:mder this subpart must be filed denial and who desires a hearing shall
[imely.The presiding officer also shall roceeding and that the petition is with the Office of the Secretary and file the request for the hearing within must be included in the docket. The the time specified in i 2.103 in all cases, ne that h nquem meu the public availability of official records relating to the proceeding is governed by j
[ 2J90.
)
)
2 49 March 31,1989 i
i J
2.1205(g). PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEDINGS
~ judicial standards for standing and shal) matters set forth in paragraph (g) of this IL1207 Designation of presiding officer.
consider, among other factors-section.
(a) Unless otherwise ordered by the (1) The nature of the requestor *4 tight (4)If the petition is granted, the Commission or as provided in paragraph
(
under the Att to be made a par;y to the petitioner becomes a party to the (b) of this section. within ten (10) days proceeding:
procoding.
of receiving from the Office of the (2)De nature and extent of the (k)(1) A reyest for a hearing or a Secretary a request for a hearing requestor's property, financial, cr other petition for leave to intervene found by relating to a licensi proceeding
, interest in the proceedmg: and the presiding officer to be untimely covered by this su art, the Chairman (3) The possible effect of any order underparagraph(c)or j)willbe of the Atomic Safety and Ucensing that may be entered in the proceeding entertained only upon etermi. sat;on by Board Penel shallissue an order upon the requestor's interest.
the Commission or the presiding offa.er designating a si le member of the (h)If a hearing request filed under that the requestor orpetitioner has panel to rule on e request for a hearing paragraph (b) of this section is granted.
established that-and. if necessary. to serve es the the applicant and the NRC staff shall be he(a)ing or the petition for leave to1 The delayin filing the request for a presiding officer to conduct the hearing.
parties to the proceeding. If a hearing (b) For any request for hearing r
request filed under reagraph (c) of this intervene was excusable; and relating to an application under 10 CFR section is granted, t e tequestor shall be (1)The grant of the request for a Part 70 to receive a.d store ut / radiated a party to the proceeding alon with the hearing of the petition forleave to fuel at the site of a roduction or applicant and the NRC staff,i the sta'f intervene will not result in undue utilization facility at also is the subject chooses or is ordered to participate as a prejudice or undue injury to any other of a proceeding under Subpart G of this party in accordance with I 2.1213.
participant in the proceeding. including Part for the issuance of an operating (i)1f a request for a hearing is granted the op licant and the NRC staff,if the license, within ten (10) days of receiving and a notice of the kind described in staff ooses or is ordered to participate imm t%e Mce of the Secretary a peragraph (c)(1) previously has not been as a party in accordance with 6 2.1213.
request f r a hearing the Chairman of pubhshed in the Federa1 Registar, a (2)If the requut for a hearing on the the Atomic Safety and ucensing Board notice of hearing must be published in petition for leave to intervene is found Panel shallissue an order designating a the Federal Register stating.-
to be untimely and the se uestor or Ucensing Board conducting the (1)The time. place. and nature of the petitioner fails to establis that it
- P
- ' pl pd hearirg:
otherwise should be entertamed under th r s
ah gn f (2) The authority under which the, paragraph (k)(1) of this section. the necessary, to conduct the hearing in heanns is to be held:
request or petition will be treated as a accordance with thia Subpart. Upon c
(3)The matters of fact and law to be petition under i 2.206 and referred for certification to the Commission by the considered; appropriate disposition.
Ucensing Board designated to conduct (4)The time within which any other (1)The filing or granting of a request the hearing that the matters presented erson whose interest may be affected for a hearing or petition for lesve to for adjudication by the parties with y the proceeding may petition for leave intervene need not delay NRC staff respect to the part 70 application are to intervene, as specified in paragraph action regarding an application for a substantially the same as those being ti)of this section;and licensing action covered by this subpart, heard in the pending proceeding under E (5) The time withm which a request to E (m) An order granting a request for a g to CFR Part 50. the Ucensing Board may 3 participate under l 2.1211[b] must be E hearing or a petition for leave to E conduct the hearing in accordance with
- filed, intervene may cortdition or limit the procedures in Subpart C.
(J) Any petition for leave to intervene participation in the interest of avoiding i 2 1209 Power of presicing otticer.
must be filed within thirty (30) days of repetitive factualpresentations and the date of publication of the notice of argument-A presiding officer has the duty to hearing. The petition must set forth the (n)1f the presiding officer denies a conduct a fair and impartial hearing information required under paragraph request for a hearing or a petition for according to law to take appropriate (d)of this section.
leave to intervene in its entirety, the action to avoid delay, and to maintain (1) A petition for leave te intervene action is appealable within ten (10) days order.The presiding officer has all must be served upon the applicant.The of service nf the order on the question powers necessary to those ends, petition also must be served upon the whether the request for a hearing or the including the power to-etition for leave to intervene should (a) Regulate the course of the hearing NRC staff-(i) Dy delivery to the Decutive ave been granted in whole or in part. lf and the conduct of the participants; (b) Dispose of procedural requests or Director for Operations. One White F15t a request for a hearing or a petition for similar matters:
North.11555 Rockville Pike. Rockville, leave to intervene is granted, parties (c) Hold conferences before or during MD 20852; or other than the requestor or petitioner the hearing for se ttlement. simplification (ii) By mail addressed to the Executive may appeal that action within ten (10)
Director for Operations. U.S. Nuclear days of service of the order on the of the issues, or a ny other proper purpose:
Regulatory Commission. Washington, question whether the request for a (d) Certify que sttons to the Atomic DC 20555.
bearing or the petition for leave to Safety and Ucn sing Appeal Board for (2) Within ten petition forleave(10) days of service of a intervene should have been denied in its determination, wither in the presiding to intervene. the entirety. An appeal may be taken by officer 4 disemion or on direction of the applicant and the NRC stsiff,if the staff filing and serving upon all parties a Comm!ssion or the Atomic Safety and chooses or is ordered to participate as a statement that succinctly sets out, with Ucensing Appeal Board; party in accordance with 12.1223. may supporting argument, the errors alleged.
(e) Reopen a closed record for the file an answer.
The appest may be supported or reception of furtherInfermation at any (3)Thereafter, the petition for lesve to opposed by any party by filing a time prior to initial decision In intervene must be ruled upon by the counter statement within fifteen (15) accordance with 12530 i
presiding officer, taking into account the days of the service of the appeal brief.
(f) Administer oaths and affirrnations; March 31,1989 240
1 l I.*
PART2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEDINGS
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(g) Issue initial decisions; officer whether or not the staff desireu the file. lf an established local public (h) Issue subpoenas requiring the to participate as a party to the document room does not exist, the NRC attendance and testimony of witnesses adjudication. In addition. upon a staff will arrange far the documents at the hearing c,r the production of determination by the presiding officer contained in the hearing file, along with
)
documents for the hearing:l evidencethat the resolution of an issue in the any other material Jocketed in a
. (l) Receive written or ora proceeding would be al ed materfall accordance with 6 2.1203, to be made and take official aotice of any factin by staff's participation in the pro;ee ing available for public inspection and I
accordance with 5 2343(i):
as a party, the presiding officer may copying duri:3 the course of the L
(j) Appoint special assistants from the offer or permit the NRC staff to adjudication in a library er other facility j
Atomic Safety and Ucensing Board participate as a party with respect in that is access:ble to the general public Panelin accordance with I 2322; that particular issue.
6 ring regular business hours and is in (k) Recommend to the Commission the vicinity of the principallocation that procedures other than those i 2.1215 Appearance and precues.
where the nuclear material that is the authorized under this subpart be used in (a) Anindividual may appearin an subject of the proceeding will be a particular proceeding; and adjudication under this subpart on his or possessed.
(1)Take any other action consistent her own behalf or by an attorney-at-law.
(2)ne hearing file also must be made witn the Act and this chapter.
Representation by an attorney at-law la available for public ins ection and i
not necessary in order for an cnpying during regular usiness hours at 12.12H Panicipouon by a paroon not a organization or a l 2.1211(b) participant the NRC Public Document Room in P""I'ns presiding officer may to appear in an adjudication conducted Washin ton.DC.
(a) rmit a under this subpart.If the representative (b) hearing file will consist of the rson who is not a party to ma e a of an organization is not an attorney-at.
application and any amendment thereto.
imited appearance in order to state his law, he or she shall be a member or anyNRCenvironmentalim act or her views on the issues. Umited officer of the organization represented.
statement or assessment re ating to the appearances may be in writing or oral.
Upon request of the presiding officer, an application, and any NRC report and-at the discretion of the presiding officer, individual acting as a representative any correspondence between the and are governed by rules adopted by shall rovide op ropriateinformation applicant and the NRC that is relevant the presiding oliicer. A limited estab ishing the asis of his or her to the application. Hearing file appearance statement is not to be authority to act in a representational documents already in an established considered part of the decisional record
- capacity, local ublic document room or the NRC under i 2.1251(c).
(b) Within thirty days of an order (b) Any action to reprimand, censure.
Publi Document Room when the c.
or suspend a party. e i 2.1211(b) hearing request is granted may be granting a request for a hearing made participant or the representative of a incorporated into the hearing file at under 12.1205(b)-(c) or. in instances party or a i 2.1211(b) participant must those locations by a reference indicating when it is published, within thirty days be in accordance with the procedures in where at those locations the documents of a notice of hearing issued under i2J13fc).
can be found. De presiding officer shall i 2.1205(1). the representative of an
, interested State, county, municipality, or Hearings rule upon any issue regarding the an agency thereof. may requeat an appropriate materials for the hearing so f 2.1231 Hearing fue; prohltdtion on file-opportunity to participate in a E proceeding under this subpart.ne g escovery.
E (c)ne NRC staff has a continuing (a) Within thir g dut to keep the hearing file up to date presiding orficer.ty (30) days of the 3 request for an opportunity to participate E wit respect to the materials set forth in a entry of an order must state with reasonable specificity
't a hea
- g. th*
paragraph (b) of this section and to the requestor's areas of concern about QU[8[Q3[;
provide those materials for the docket, g,
,t the licensing activity that is the subject matter of the proceeding. Upon receipt present to the presiding officer, and the presiding officer, and the applicant of a request that is filed in accordance make available to the applicant and an or any party or 12.1211(b) articipant in a manner consistent with t e way the with these time limits and that specifies
[;lhy,7,g'g',,th p hearing file was made available initially h
8
,,gt ten (10) da) o the requestor s areas of concerr, the t on intervene under paragraph (a).
presiding officer shall afford the he da e s p
,tticha'te (d) A party or i 21211(b) participant e,
representative a reasonable opportunity to man e written and oral presentations 5 2.1211(b)is granted, the NRC staff M#
b"W Wd in accordance with il 2.1233 and 2.1235, sha11 make the hearing file avaflable to party. 6 2.1211(b) participant. or the NRC without requiring the representative to the petitioner or the i 2.1211(b) orits personnel whether by document tab a position with respect to the pa t c a production, deposition. interrogatories, or otherwise, earing file mut b made subse $t o a otic an ppealof an available to the applicant and any other 5 2.1:"t3 written presentat.ons; written initial decision in accordanc? with party or,I 2.1,211(b) participant to the stues w ns.
I 2.1253 with respect to any issue on proceedmg either by-(a) After publication of a r.ctice of which they participate.
(i) Service in accordance with hearir.g in accordance with $ 2.1205(1) i 2.1203(e); or and after the NRC staff 1.as made the i 2.1213 Role of the NRC staff.
(ii) Placing the file in an established hearing file available in accordance if a hearing request is filed under local public document room in the with I 2.1231. the parties and 12.1211(b) i 2.1205(b), tne NRC staff shall be a vicinity of the principallocation where participants shall be afforded the party to the proceeding. If a hearing nuclear material that is the subject of a opportunity to submit, under oath or request is filed under i 2.1205(c). within proceeding under this subpart will be affirmation, written presentations r*f ten (10) days of the designation of a possessed. and informing the applicant, their arguments and documentary data.
presiding officer pursuant to l 2.1207 the party, or 12.1211[b) participant in informational material. and other NRC staff shall notify 1he presidmg writing of its action and the location of supporting written evidence at the time 2 51 March 31,1989
' 2.1233(a) PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PR 2.1251(d)
J
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or times snd in the sequence the oral presentations by any party or has been made. he or she shall certify presiding officer establishes by i 2.1211(b) participant. including directly to the Con.miss!on itself for appropriate order.The presiding otheer testimony by witnene. Oral determination the matter of whether also snay, on his or her it.itiative, submit presentations are subject to any 8pecla! circumstances support a waiver written questions to the parties to be appropriate time limits the presiding or an exception and whether a waiver or answered in writing, unoer oath or ofheer imposes. Responsibihty for the en exception should be granted.The affirmation, and supported by conduct of the examination of any Commission's deterstmation shall be appropriate documentary data, witness rests with the presiding officer made after any furthat proceeding the informational material, or other written
- evidence, who may allow a party or $ 2.1211(b)
Comtnission deems appropriate.
(b)in a hearing initiated under participant to propose goestions for the i 2.1241 settfement of preeesnos.
$ 2.1205(b). the initial written presiding officer to pose a witness.
presentation of the applicant that is (b) Oral presentations and responses The fair and reasonsble settlement of issued a notice of proposed denial or a to oral questioning to be relief upon as proceedings subject to this subpart is notice of denic! must describe in deteil oral evidence must be given under oath ercouraged. A settlement must be any deficiency or omission la the or affirmation. All oral presentations or approved by the presiding officer or agency a denial or proposed denial ofits oralquestioning most be Atomic Safety and Licensin Appeal application and what reliefis sought stenographically reported and, except as Board, se appropriate. In or er to be with respect to each deficiency or requested pursuant to section F1 of the binding in the proceeding.
omission-Act,must be public unicas otherwise Initial Decision. Commission Review, ordered by the Commission.
And Final Dacision tyd' (c) Strict rules of evidence do not 1205(c) i e a
i 2.12$1 inittst deciolon and its efleet.
that requested a apply to oral submissions under this b>tesentation of a partfor leave to earing or petitioned secti n. but the presiding officer may, on (a) Unless the Commission directs intervene rnust describe in detail any m tson or on the presiding ofncer e own that the record be certified to it in deliciency or omission in the license initiative, strike any portion of an oral ar.cordance with paragraph (b) of this application, with references to any presentation or a response to oral section, the presiding officer sha!!
particular section or portion of the questioning that is cumul.stive, render an initial decision after application considered deficient, give a irm ant,immaurial, or unrehable.
completion of an informal hearing under this subpart. That initial decision detailed statement of reasons why any 33.1237 asot one; tourcen of proof.
consututn the anal acumithe particular section or portion is deficient ct why an omission is material, and (a) M tions presented in the Commission ' thirty (30) N after the
- ~ :=
describe in detail what reliefis sought proceeding must be presented and d4e ofissuance, unles. 4.a appealis disposed olin accordance with Il 2.730 taken in accordance witn i 2.1253.
with respect to each deficiency or e
(b) The Commission may direct that b" omission.
g (aHat g !!'e presiding officer certify the record to (b) Unless otherwise ordered by the 2
E ma(d) A party or $ 2.1211[b)parucipant it without an initial decision and may king an initial written presentation g Presiding o! Deer, the applicant or the g mit an initial decision and prepare a o
g under this section shallsubmit with its 3 proponent of an order has the burden of % finaldecision upon a fiding that(ce and presentation or identify by reference to proof.
timely execution of its functions so o generally available publication or source, such as the hearing file, all
$2.1239 Considerston of Commtaelon
9"irM'g gmj 9 g documentary data. informational rules and regutsuona in intonnel ICI edjudicat6ons.
writing and must be besed only upon aI. or other written evidence upon m
w it te les to support orillustrate (a)Except as provided in paragraph information in the record or facts cach omission or deficiency complained (b) of this section, any regulation of the officia!!y noticed. The record must ti. Thereafter, additional documentary Commission issued in its program for include allinformation submitted in the da ta. informational roaterial, or other the licensing and regulation of proceeding with respect to which all written evidence may be submitted or production and utilization facilities.
parties have been given reasonable prior notice and an opportunity to comment.
referenced by any party, other than the source material, special nuclear The initial decision must include--
NRC staff, or by any i 2.1211(b) material. or byproduct material may not (1) Findings conclusions, and rulings.
participant in a written presentation or be challenged in any adjudication in response to a written question only as subject to this subpart, with the reasons or basis for them, on all materialissues of fact, law or disr:retion the presiding officer.in his or her (b) A party to an adjudication subject presented on the record;
~
to this subpart may petition that the (21The appropriate ruling, order, or e St c't r of evidence do not application of a Commission regulation denial of relief with its effective dete:
arpply to written submissions under this specnied in paragtsph (s) of this section and b"' h d
ffi be walved or an exception made for the 131 The time within which appeals to
$otion'or on the resiof[cerso particular proceeding. The sole ground the decision and a briefin support of initiative, strike any portion of a written for a request for waiver or exception those appeals may be filed, the time presentation or a response to a written must be that special circumstances exist within which briefs in support of or in question that is cumulative. irrelevant, so that application of the regu!ation to opposition to appeals filed by another the @ld not serve the purposes for which immaterial, or unreliable, matterof theproceeding party may be filed, and the date when wou the decision becomes finalin the i 2.1235 Orat presentations; oral the regulation was adopted. In the absence of an appeal.
(vesuona.
absence of a prims facie showing of (d) Matters not put into cor.troversy (a) Upon a determination that it la special circumstances, the presiding by the parties may not be examined and necessary to creete an adequate record officer may not further consider the cecided by the presiding officer or the for decision, in his or her discretion the matter.!f the presiding officer Atomic Safety and I.icensing Appeal presiding officer may allow or require determines that a prima facie showing Board. lf the presiding officer or the Appeal floard believes that a senous March 31,1989 2 52
i
]
^
2.1263
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2*1251(d) PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEDINGS j
safety. environmental, or common i 2.1250 Finst decianon; petition for defense and security matter exists that monandersoon, has not been placed in controversy. the (a) Commission or Atomic Safety and presiding officer or the AppealBoard Licensing Appeal Board action to render j
ehall advise the Commission promptly of a final decision must be in accordance 1
the basis for that view. and the with I 2.770.
1 j
Commission may take appropriate (b)The provisions of I 2.m govern action.
the filing of petitions for L'
(e) Pendmg review and final decision reconsideration.
{
by the Commission, an initial decision J
ruolving allissues bef9re the presiding 5L1241 Autt crity of the Secretary to rose i
officer in favor of authorizing licensing on g,meedumt mauern.
m action subject to this subpart is The Secretary or the Assistant imtnediately effective upon issuance Secretary may rule on procedural q
except-matters relating to proceedings
)
(1) As provided in any order issued in conducted by the Commission itself accordance with i 2.1263 that stays the under this subpart to the same extent effectiveness of aninitialdecision;or they can do so under i 2.772 for (2) As otherwise provided by the proceedings under Subpart G.
Commission in special circumstances.
R (f) Following an infuel decision g $2.1263 Stays of NRC staff Neonalng resolving ett issues in favor of the g senone or of sectoions of a pmelding
' licensing action as specified in omcor,an Atomic safety and he paragraph (e) of this section, the Director
,,ing Y, d f of Nuclear Reactor Regulation or the Appheadom fw a stay of any Director of Nuclear Material Safety and decision or action of the Commission, a
' Safeguards, as appropriate, notwnhetanding the filing or pendency presiding officer, or an Atomic Safety an ceming Appeal Board w any of an appeal pursuant to 911253, shall ac nh e C sta0n luutng a 4
take the appropriate licensing action.
si
.upon making the appropriate licensing butise in accedance we 12.12050)
Andings promptly, except as may be are governed by i1788. except that any provided pursuant to paragraph (e)(1) or requut fw a stay of sta,0iunsing (2) of this section.
action pending completion of an adjudication under this subpart must be 1 2.1251 Appeals from bJtlef decisions.
filed 6t the time a request for a hearing
" E # ^I I"I' * "'
Parties and i 2.1211(b) participants e staEs se"n, ten ) ays may appeal from an initial decision whichever is later. A request for a stay under tids subpart in accordance with o a sta censing acu n mut Med 3 the procedures set out fn 15 2.762 and with the adjudicatory decisionmaker 2783*
before which the licensing proceeding is i 2.1255 fleview by the Atomic Safety ang pending.
~
Uconalng Appeal 50 erd.
'Ite Commission authorizes the Atomic Safety and thensing Appeal Board to exercise the authonty and carry cut the ravfew functions to be ~
performed under 1i11205(n),11209(d),
and 2.1253.
I 2.1257 Review of doctolon and actions of an Atomic Safety and Licensing Appeal BoartL The Commission will not entertain any petition for review of a decision or action of an Atomic Safety and Licensing Appeal Board under this -
c.ubpart. Commission review is available only on the Commission's own motion within forty (40) days after the date of a decision or action by the Appeal Board under i 2.1255. Commission review will
' be conducted in accordance with those procedures the Commission deems appropriate. Absent Commission review,the decision of the AppealBorerd constitutes the 11nal action of the Commission.
I 2 53 March 31,1989
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