ML23151A397
| ML23151A397 | |
| Person / Time | |
|---|---|
| Issue date: | 09/29/1993 |
| From: | Chilk S NRC/SECY |
| To: | |
| References | |
| PR-002, 58FR50858 | |
| Download: ML23151A397 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE: 09/29/1993 TITLE: PR-002 - 58FR50858 - INFORMAL HEARING PROCEDURES FOR MATERIALS CASE
REFERENCE:
PR-002 58FR50858 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
STATUS OF RULEMAKING PROPOSED RULE: PR-002 OPEN ITEM (Y/N) N RULE NAME: INFORMAL HEARING PROCEDURES FOR MATERIALS LICENSING ADJUDICATIONS PROPOSED RULE FED REG CITE: 58FR50858 PROPOSED RULE PUBLICATION DATE: 09/29/93 NUMBER OF COMMENTS: 2 ORIGINAL DATE FOR COMMENTS: 11/15/93 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 59FR29187 FINAL RULE PUBLICATION DATE: 06/06/94 NOTES ON FILE LOCATED ON Pl.
TATUS iF RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED : PR-002 RULE TITLE: INFORMAL HEARING PROCEDURES FOR MATERIALS LICENSING ADJUDICATIONS
. OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: 93-217 SRM DATE: I I SIGNED BY SECRETARY: ' 09/23/93 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: 94-108 SRM DATE: 05/20/94 SIGNED BY SECRETARY: 05/31/94 STAFF CONTACTS ON THE RULE CONTACTl: MAJORIE S. NORDLINGER MAIL STOP: 15-G-18 PHONE: 504-1607 CONTACT2: MAIL STOP: PHONE:
DOCKET NO. PR-002 (58FR50858)
In the Matter of INFORMAL HEARING PROCEDURES FOR MATERIALS LICENSING ADJUDICATIONS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 09/24/93 09/23/93 FEDERAL REGISTER NOTICE - PROPOSED RULE 10/12/93 10/07/93 COMMENT OF KERR-MCGEE CORPORATION (EDWIN T. STILL, V. P.) ( 1) 11/17 /93 11/14/93 COMMENT OF OHIO CITIZENS FOR RESPONSIBLE ENERGY (SUSAN L. HIATT, DIRECTOR) ( 2) 06/01/94 05/31/94 FEDERAL REGISTER NOTICE FOR FINAL RULE PUBLISHED ON 6/6/94 AT 59 FR 29187.
DOCKET NUMBER p 2, PROPOSED RULE_ -
(SYFR so~s8') DOCKETED
[7590 61! ]
NUCLEAR REGULATORY COMMISSION
- 94 JU -1 P 1 :13 10 CFR Part 2 RIN 3150-AE67 OF FIC E OF SECf:ETAH Y DO CKE T!' G & Sr.J~YlCf Informal Hearing Procedures For BRAliCH Materials Licensing Adjudications AGENCY: Nuclear Regulatory commission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory commission is amending its regulations to provide that persons requesting a hearing in certain materials license proceedings must file their requests within 30 days of receiving actual notice of the pendency of the license application, or, if the person does not learn about the application until it has been granted, within 30 days of receiving actual notice of the grant of the application. No hearing requests filed more than 180 days after the grant of the application will be entertained. The amendment applies only to materials licensing actions which are not of sufficient importance to warrant notice in the Federal Register. The rule change eliminates an ambiguous provision in the Commission's current regulations and serves to ensure that hearing requests are filed as promptly as possible, in order to promote the timely identification and resolution of problems with or objections to proposed licensing actions.
EFFECTIVE DATE: (30 days after publication in the Federal Register).
2 FOR FURTHER INFORMATION CONTACT: Peter G. Crane, Office of the General counsel, U.S. !lllclear Regulatory commission, Washington, DC 20555, Telephone: 301-504-1634.
SUPPLEMENTARY INP'ORMATION :_
Background
The Commission's rules governing informal hearing procedures of adjudications on materials licenses are set forth in Subpart L to Part 2. When the rules do not require the Commission to publish notice of all proposed licensing actions, the requirements for requesting a hearing are tied to the date on which a requester receives actual notice of such actions.
Prior to this rule change, the regulation stated that if Federal Register notice of an action is not published, then a request for
- a hearing mus_t be filed within "the earlier of -- (i) Thirty (30) days after the requestor receives actual notice of a pending application or an agency action granting an application; or (ii)
One hundred and eighty (180) days after agency action granting an application." (Emphasis added.)
In August, 1992, the presiding officer in a materials licensing proceeding was faced with a case in which a requester with actual notice of a license application filed in 1989 waited to ask for a hearing until the NRC granted the application, three and a half
3 years later. The licensee and the NRC staff objected that the request should have been filed within 30 days of the requester's receiving actual notice of the application. (In other words, they were arguing that the rule was meant to allow persons to file within 30 days of receiving actual notice of the grant of an application only if they were unaware until then of the pendency of the application.) The requester responded that the regulation contained no such implicit condition, and instead gave requesters a choice: either they could file within 30 days of receiving actual notice of the application, or they could wait until the grant of the application and then file within 30 days of learning of the agency's action.
The presiding officer sustained the requester's position. He observed that the NRC staff and the licensee were in effect arguing that the regulation should be read as though it required the request to be filed at the earliest of three events: 30 days after receipt Of actual notice of the filing of the application; 30 days after receipt of actual notice of the grant of the application; and 180 days after the grant of the application. He added that the Statement of considerations accompanying the rule had referred to requests for hearing being timely if filed within 30 days of a requester's receiving actual notice "of a licensing action." The presiding officer offered a possible rationale for the two separate windows of opportunity: a potential requester, hopeful that an application might not be approved, would not have
4 to file a hearing request until the grant of the application eliminated doubt as to the NRC's intent.
The Commission did not disturb the presiding officer's ruling, b~t it directed the staff to prepare a proposed rule that would make clear that requesters are indeed required to file at the earliest of the three events described above. such a notice was published in the Federal Register on September 29, 1993, at 58 FR 50858.
1ulalysis of Publ,ic comments Two comments were received on the proposed rule, but neither one was directed to the actual subject of the rulemaking, i.e.,
whether the NRC should continue to ~llow someone with actual knowledge of an application to wait for that application to be
- granted before requesting a hearing.
- 1. Comment of Kerr-McGee corporation The first comment, from Kerr-McGee corporation, endorsed the proposed rule, but noted that the new language "seemingly leaves the door open for filing of requests for hearing almost at will."
Kerr-McGee asserted that the rule is hinged on when the requester "receives actual notice," an "ambiguous" term that "is not related to the time an actual amendment application is filed."
5 The response to this comment is that the NRC's proposed rule was directed to a specific and narrow issue -- whether a potential requester with actual notice of an application should be able to delay filing a hearing request until the application is granted.
The notice did not contemplate revising the rule to change the concept of making the receipt of actual notice the basis of the time for filing a hearing request.
comment of Ohio Citizens for Responsible Energy (OCRE)
The second comment was from Ohio Citizens for Responsible Energy (OCRE), which objected to the portion of the regulation that bars petitions filed more than 180 days after the NRC's grant of an application. OCRE asserted that it was conceivable that someone would not learn of a licensing action until after the passage of 180 days, and would by then, through no fault of his
- or her own, have lost all opportunity to request a hearing.
OCRE's point, like Kerr-McGee's, goes beyond the scope of the quite narrow change that the NRC proposed. The commission's notice made clear that the issue to be resolved was whether potential requesters with actual notice of an application for a particular licensing action were intended to have two bites at the apple, or should instead be required to file for a hearing at their earliest opportunity. The concept of a 180-day cutoff was
6 never identified as being subject to reconsideration by the Commission.
Having considered the comments received, and finding that neither of them suggests a flaw in the specific correction proposed in the rule, the Commission has determined that the following final rule should be promulgated.
Environmental Impact: categorical Exclusion The NRC has determined that this regulation is the type ot action described in categorical exclusion 10 CFR 51.22(c) (1).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act ot 1980 (44 u.s.c. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0136.
7 Regulatory Analysis The Nuclear Regulatory Commission prepared a brief regulatory analysis for the proposed rule. Heither of the commenters having discussed the regulatory analysis, the commission has not considered it necessary to prepare a separate analysis of the final rule.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 u.s.c.
605(b)), the Commission certifies that this rule will not have a significant economic impact on a substantial number of small entities. The rule sets forth the time frame within which a person other than an applicant must file a request for a hearing in a licensing proceeding held under the informal procedures set
- forth in 10 CFR Part 2, Subpart L. The rule does not impose any obligations on regulated entities that may fall within the definition of "small entities" as set forth in section 601(3) of the Regulatory Flexibility Act, or withln the definition of "small business" as found in section 3 of the Small Business Act, 15 u.s.c. 632, or within the small bu~iness size standards contained in 13 CFR Part 121.
8 Backfit Analysis This rule does not involve any new provisions which would impose backfits as defined in 10 CFR 50.109(a) (1). Accordingly, no backfit analysis pursuant to 10 CFR 50.109(0) is required.
List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, NUclear materials, NUolear power plants and reactors, Penalties, sex discrimination, Source material, Special n~clear material, waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 u.s.c. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 1. The authority citation for Part 2 continues to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 u.s.c. 2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 stat. 409 (42 u.s.c. 2241); sec. 201, 88 stat. 1242, as amended (42 u.s.c. 5841); 5 u.s.c. 552.
9 Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 u.s.c. 2073, 2092, 2093, 2111, 2133, 2134, 2135);
sec. 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 u.s.c.
10134(f)); sec. 102, Pub. L.91-190, 83 stat. 853, as amended (42 u.s.c. 4332); sec. 301, 88 stat. 1248 (42 u.s.c. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721, also issued under secs. 102, 103, 104, 105, 183, 189, 68 stat. 936, 937, 938, 954, 955 as amended (42 u.s.c. 2132, 2133, 2134, 2135, 2233, 2239).
Section 2.104 also issued under sec. 193, Pub. L. *101-575, 104 Stat. 2835 (42 u.s.c. 2243). section 2.105 also issued under Pub. L.97-415, 96 stat. 2073 (42 u.s.c. 2239). sections 2.200-2.206 also issued under secs. 182, 186, 234, 955, 83 stat. 444, as amended (42 u.s.c. 2236, 2282); sec. 206, 88 stat. 1246 (42 u.s.c. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 stat. 853, as amended (42 u.s.c.
-- 4332). sections 2.100a, 2.719 also issued under 5 u.s.c. 554.
Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 u.s.c.
557. Section 2.764 and Table 1A of Appendix c also issued under secs. 135, 141, Pub. L.97-425, 96 stat. 2232, 2241 (42 u.s.c.
10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat.
936, as amended (42 u.s.c. 2133) and 5 u.s.c. 552.
Sections 2.800 and 2.808 also issued under 5 u.s.c. 553.
Section 2.809 also issued under 5 u.s.c. 553 and sec. 29, Pub. L.85-256, 71 stat. 579, as amended (42 u.s.c. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 u.s.c. 2239);
10 sec. 134, Pub. L.97-425, 96 stat. 2230 (42 u.s.c. 10154).
Subpart L also issued under sec. 189, 68 stat. 955 (42 u.s.c.
2239). Appendix A also issued under sec. 6, Pub. L.91-560, 84 stat. 1473 (42 u.s.c. 2135). Appendix B also issued under sec. 10, Pub. L.99-240, 99 stat. 1842 (42 u.s.c. 2021b et seq.).
- 2. In S 2.1205, paragraph (c) (2) is revised to read as follows:
s2.1205 Request for a bearing; petition for leave to intervene.
(c) A person other than an applicant shall file a request for a hearing within (2) If a Federal Register notice is not published in accordance with paragraph (c) (1), the earliest of --
(i) Thirty (30) days after the requestor receives actual notice of a pending application, or
- (ii) Thirty (30) days after the requestor receives actual notice of an agency action granting an application in whole or in part, or
11 (iii) One hundred and eighty (180) days after agency action granting an application in whole or in part.
J/- ftt~,
Dated at Rockville, Maryland, this .J/ -day o f ~ , 1994.
For the Nuclear Regulatory Commission.
Jo Ac of the Commission.
2 ~: . r ~
. ::, ~fr. L November 14, 1993
ON PROPOSED RULE, "INFORMAL HEARING PROCEDURES u FO'.R1: ,MATERifALS 1
LICENSING ADJUDICATIONS," 58 FED. REG. 50858 (SEPTEMBER- 129\ 1993)
The proposed amendment would establish that persons requesting a hearing on a materials license application for which a Federal Register notice is not published, do so within the earliest of:
(1) 30 days after the requester receives actual notice of a pending application; (2) 30 days after the requester receives actual notice of an agency action granting an application in whole or part; or (3) 180 days after agency action granting an application in whole or part.
It is the last provision which OCRE finds objectionable. It is conceivable that a person might not receive actual notice of agency action on an application until after 180 days have passed .
In this instance, the requesters apparently would have no oppor-tunity for a hearing, through no fault of their own.
OCRE therefore recommends that the last provision be deleted .
Respectfully submitted, Susan L. Hiatt Director, OCRE 8275 Munson Road Mentor, OH 44060-2406 (216) 255-3158
(j) er-: ~~-~,
U::; Nr~C
- 93 OCT 12 P2 :4 6 ENVIRONMENT AND HEAL TH MANAGEMENT DIVISION EDWIN T . STILL, DVM I f ~ f '.* .J * :~ : '* tt t I ,
- t: ,.,
VICE PRESIDENT AND DIRECTOR 1.*UU'it : ING * ; "'JIU t\hANLt 1 October 7, 1993 Secretary U. S. Nuclear Regulatory Comm ission Washington, D.C. 20555 ATIN: Docketing and Service Branch Re: 10 CFR Part 2, Proposed Rul e on Informal Hear ing Procedures for Materials Licensing Adjudications (58 Federal Register 50858, September 29, 1993)
Dear Mr. Secretary:
Kerr-McGee Corporation submits the comments below concerning the referenced proposed rule that would require requests for hearing in certain materials license proceedings be filed within 30 days of actual notice of the amendment request. Kerr-McGee and wholly-owned subsidiary units have materials licenses and could be subject to the rule if enacted .
Kerr-McG ee endorses approval of the proposal. We note, however, that even though a stated purpose is to resol ve ambiguity relating to the time when a request can or must be filed to enable earliest possible resolution of safety issues, the phrasing in section 2.1205 (c)(2)(i) and (ii) seemingly leaves the door open for fili ng of requests for hearing almost at will. The language "Thirty (30) days after the requestor recei'.'es actu~ nctice .. . " (emphasis supplied) is ambiguous and is not related to t-'1.e ti.n1e an actual amendment application was filed . Rather, the time at which the 30 days begi ns arguably is determined by the requestor' s definition of "receiving" actual notice -- whatever the form of such receipt or notice is .
DOCKET NUMBER R' PROPOSED RULE p .2:-~ ~
{S'i' Ff< S OlrSi')
NUCLEAR REGULATORY COMMISSION 10 CFR Part 2
- 93 SEP 24 A9 :15 RIN 3150-AE67 "
- ',-jLj , I*
. f' .. \
Informal Hearing Procedures For Materials Licensing Adjudications AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission is considering amending its regulations to provide that requests for hearing in certain materials license proceedings be filed within 30 days of actual notice of the amendment application. The amendment applies only to materials licensing actions which are not of sufficient importance to warrant notice in the Federal Register.
The proposed rule would eliminate an ambiguous provision in the Commission's current regulations and would ensure that hearing requests are filed as promptly as possible in order to resolve any concerns or objections to the pending application in a timely manner.
DATES: The comment period expires on (Insert 1
1a(~s4{1tays after date of publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
ADDRESSES: Submit written comments to: Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, ATTN:
Docketing and Service Branch. Hand deliver comments to: Office of the Secretary, Docketing and Service Branch, U.S. Nuclear ?--°1 \'\'
11
'().Jr*,..
Regulatory\Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD. 20852, between 7:45 and 4:15 p.m. on Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street, NW (Lower Level),
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Marjorie s. Nordlinger, Office of the General Counsel,- .U.S. Nuclear Regulatory Commission,
_Washington,_DC 20555, Telephone: 301-504-1607.
- SUPPLEMENTARY INFORMATION:
I
Background
A recent decision in a Nuclear Regulatory Commission materials-licensing proceeding has highlighted the need to clarify a portion of one of the Commission's Rules of Practice and Procedure. See In the Matter of Umetco Minerals Corporation, LBP-92-20, 36 NRC 112 (August 5, 1992). 10 CFR 2.1205(c) sets forth the time period within which a request for hearing must be filed in a proceeding held under the Commission's rules for /
informal hearing procedures for adjudications set forth in Subpart L to Part 2. These rules apply to-materials and operator license proceedings only and not to other more formal proceedings such ~s those involving reactors or commercial waste disposal.
Section 2.1205(c)(l) provides that, in a proceeding which is noticed in the Federal Register, a request for hearing must be filed within "Thirty (30) days of the agency's publication of the initial Federal Register notice referring or relating to an
/'
application or the licensing action requested by an application."
When a Federal Register notice is not published, S2.1205(c)(2) t provides *that a request for hearing must be filed the earlier of:
(i) Thirty (30) days after the requester receives actual notice of a pending application or an agency ...
action granting an application; or (ii) One hundred and eighty (180) days after agency action granting an application.
The presiding officer in Umetco Minerals construed paragraph (c)(2)(i) as providing two separate opportunities for hearing:
after receiving notice of a pending applicatipn, and after receiving notice of the agency's action ori the applicatio'n.
Thus, the presiding officer found that a hearing requ~st filed by the State of Utah within thirty days of issuance
)
of a license amendment to the Umetco Minerals Corporation was timely, even
, though Utah had notice of the pending application and failed to request a hearing on the application.
Because the Commission felt that the lan~age of the regulation was arguably ambiguous and susceptible of tpe,meaning gi~en it by the presiding officer, it declined to disturb that decision. However, such a ~eading is'inconsistent with the'goal of achieving the earliest possible resolution of safety issues.
The Commission considers it preferable to hear any interested persons~ concerns that have arisen early in the review process, if possible. To allow a concerned person or entity with knowledge of the proceeding to wait to ,air those concerns u~til after the Commission has already taken action benefits neither the Commission nor the requester.
- 4 -
I The Commission is therefore proposing to amend S2.1205(c)(2) to make it clear that a request for hearing must be filed within the specified time period as soon as a requester has actual notice of the proceeding. Publication of a Federal Register notice under S2.1205(c)(l) may provide an additional opportunity for hearing in some cases, but a 'requester with actual notice may not rely on this possibility to excuse a failure to file the request should a Federal Register notice not be published. \,
'I Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 CFR Sl.22(c)(l). Therefore, neither an environmental impact statement nor an environmental *assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement This proposed rule does not contain a new or amended
- information collection requirement subject to the Paperwork Reduction Act of 1980 (44 u.s.c. 3501 et seq.). Existing requirements were approved by the Office of Management and
- I Budget, approval number 3150-0136.
Regulatory Analysis The Nuclear Regulatory Commission is proposing to amend current regulations that would clarify the requirements concerning informal hearing procedures for materials licensing adjudications. The proposed rule presents discussion in an area I
in which the Commission proposes to clarify ~r narrow the
obligations in the current regulation. This proposed rule would I
have no significant impact on_health, safety, or the environment.
\
There would be no substantial cost to licensees or the NRC.
Regulatory Flexibility Certification
\.*
' As required by the Regulatory Flexibility Act of 1980 (5 u.s.c. 605(b)), the Commission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities. The proposed rule sets
- forth the time frame within which a person other than an applicant must file a request for a hearing in a licensing proceeding held under the informal procedures set forth in 10 CFR
. Part 2, Subpart L. The proposed rule; by itself, does not impose any obligations on re9,11lated entities that may fall within the definition of "small entities" as set forth in sect.ion 601(3) of the Regulatory Flexibility Act, or within the definition of "small business" as found in section 3 of the Small Business Act, 9 15 u.s.c. 632, or within the small business size standards contained in 13 CFR Part 121.
Backfit Analysis This proposed rule does not involve any new provisions which would impose backfits as defined in 10 CFR 50.109(a)(l).
Accordingly, no backfit analysis pursuant to 10 CFR 50.109(c) is required for this proposed rule.
List of Subjects 10 CFR Part 2
(
Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials~ Nuclear power plants and reactors, Penalty, sex discrimination, Source material, Special nuclear material, waste treatment and disposal.
For the reasons set ,out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the u.s.c.
Energy Reorganization Act of 1974, as amended; and 5 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 1. The authority citation for Part,2 conti~ues to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 u.s.c. 2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 S~at. 409 (42 u.s.c. 2241); sec. 201, 88 Stat. 1242, as e, amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 u.s.c. 2013,r2092~ 2093, 2111, 2133, 2134, 2135);
sec. 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 u.s.c.
10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 u.s.c. 4332); sec. 301, 88 Stat. 1248 (42 u.s.c. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721, also'issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955 as amended (42 u.s.c. 2132, 2133, 2134, 2135, 2233, 2239).
- 7 -
Section 2.104 also issued under sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 u.s.c. 2243). Section 2~105 also issued under fub. L.97-415, 96 Stat. 2073 (42 u.s.c. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat.
I 948-951, 955, 83 Stat. 444, as amended (42 u.s.c. 220l(b), (i),
(o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 u.s.c. 5846).
Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a,
- 2.719 also issued under 5 u.s.c. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 u.s.c. 557. Section 2.764 and table lA of appendix c also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 u.s.c. 2133) ~nd 5 u.s.c. 552. Sections 2.800 and 2.808 also issued under 5 u.s.c. 553. Section 2.809 also issued under 5 u.s.c. 553 and sec. 29; Pub. L.85-256, 71 Stat. 579, as
- amended ( 4 2 U . S . C . -2 0 3 9 ) . Subpart K also issued under sec. 189, 68 Stat. 955 (42 u.s.c. 2239); sec. 134, Pub. L.97-425, 96 Stat.
(
2230 (42 u.s.c. 10154). Subpart L also issued under sec. 189,
\
68 Stat. 955 (42.u.s.c. 2239). Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 u.s.c. 2135).
- 2. In S 2,1205 paragraph (c)(2) is revised to read as follows:
S2.1205 Request for a hearing; petition for leave to intervene.
/
- 8' -
(c) A person other than an applicant shall file a request for a hearing within (2) If a Federal Register notice is not publi*hed in accordance with paragraph (c)(l), the earliest of-~
(i) Thirty (3~) days after the requester receives actual notice of a pending application, or (ii) Thirty (30) days after the requester receives I
actual notice of an agency action granting an application in whole or'in part, or t ,
(iii) One hundred and eighty (180) days after agency action granting an application in whole or in part.
Dated at Rockville, Maryland, this filday of September, 1993.
For the Nuclear Regulatory Commission.
J e Commission r