ML20248J195

Order.* Requests Presiding Officer to Explain Authority for Role in Proceeding Re Requesting Info from One or More Parties & Principally Applicant,To Be Served on All Parties by 891016.W/Certificate of Svc.Served on 891006

ML20248J195
Person / Time
Site:	07000025
Issue date:	10/05/1989
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	Atomic Safety and Licensing Board Panel
References
CON-#489-9274 ML, NUDOCS 8910130124
Download: ML20248J195 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'89 DCT -5 P4 :07

. ATOMIC SAFETY AND LICENSING' APPEAL BOARD Administrative Judges: ((Q,j g, gg m ..

Christine N. Kohl, Chairman October 5, 1989 G. Paul Bollwerk, III Howard A. Wilber SERVED OCT - 61989

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In the Matter of )

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ROCKWELL' INTERNATIONAL ) Docket No. 70 b CORPORATION ) (Request to Renew-Rocketdyne Division ) For Ten Years)

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(Special Material License )

Number SNM-21) )

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ORDER The presiding officer in this informal materials

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license adjudication has issued several orders requesting information from one or more parties, but principally the applicant. See' Memorandum.and Order (September 15, 1989);

Memorandum and Order (September 18, 1989); Memorandum and Order (October 4, 1989). He appears to be. engaging in a form of judicial activism (i.e., discovery) unprecedented in NRC licensing proceedings, in general, and seemingly not contemplated by the special ru3es that apply to this proceeding, in particular. See 10 C.F.R. SS 2.1201 et seq.1 1

i For example, the September 15 Memorandum and Order was purportedly issued pursuant to 10 C.F.R. S 2.1233(a).

(Footnote Continued) 8910130124 891005 PDR ADOCK 07000025 C PDR b0 l

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2 This is one of the first proceedings under the Commission's new rules for informal hearings in materials

, licensing cases. It is important that the procedures established by those rules be followed, to the letter and in a spirit consistent with Commission intent. Therefore, we ,

direct the presiding officer to explain his authority for the role he has independently assumed in this proceeding, by memorandum to be served on all parties no later than October 16, 1989.2 I

1 (Footnote Continued) I But the authority of a presiding officer to ask questions of the parties under that provision, which is to be utilized in conjunction with his or her review of the parties' written presentations, may not be invoked until after a Federal Register notice of a hearing has been published under section 2.1205 (i) and the NRC staff has compiled and made available a hearing file under section 2.1231. The Federal Register notice of hearing was not issued until October 2 and has not yet been published, and, to our knowledge, no i hearing file yet exists, i 2

Our authority to request this information from the presiding officer is found in 10 C.F.R. SS 2.1209(d), l 2.1255, relating to directed certification. See, e.g., Long '

Tsland Lighting Co. (Shoreham Nuclear Power Station, Unit 1), ALAB-901, 28 NRC 302, 307 n.4, review declined, CLI-88-ll, 28 NRC 603 (1988) (citing Puerto Rico Power  ;

Authority (North Coast Nuclear Plant, Unit 1), ALAB-605, 12 l NRC 153 (1980)). l I

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It is so ORDERED.

FOR THE. APPEAL BOARD d

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Barbara A. Tompkins r

aJ 2 Secretary to'the Appeal Board Mr. Wilber was not available to participate in this order, 3

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UNITED STATES OF AMERfCA NUCLEAR REGULATORY COMMISSION in the Matter of I I

ROCKWELL INTERNATIONAL CORPORATION 1 Docket No.(s) 70-25-ML i

(Rocketdyne Division. Special I Nuclear Materials License SNM-21) I i

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing AB DRDER DATED 10/5/09 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Administrative Judge Christine N. Kohl, Chairman G. Paul Bollwerk, !!!

Atomic-Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howard A. Wilber Peter B. Bloch Atomic Safety and Licensing Appeal Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Gustave A. Linenberger, Jr.

Special Assistant Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 R. T. Lancet Director Rockwell International Corporation Jon Scott

( Rocketdyne Division 6 Roundup Road 6633 Canoga Avenue Bell Canyon, CA 91307 Canoga Park, CA 91304

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Estelle Lit Jerome E. Raskins, et. al.

18233 Bermuda Street c/o 18350 Los A11mos Northridge, CA 91326 Northridge, CA 91326 l

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i Dockat No.(s)70-25-ML AB ORDER DATED 10/5/09 Alan Langville Simi Valley Library Public Document Room 2969 Tapo Canyon Road Bimi Valley, CA 93063

.s Dated at Rockville, Md. this 6 day of October 1989 g Office of the Secretary of the Commission

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