ML20140C711

Responds to & City Council Resolution Opposing Burial of Low Level Radwaste on Site.Order Issued on 860220 Referring Hearing Requests to Administrative Judge.Fr Notice of Opportunity for Hearing Published on 860314.Notice Encl

ML20140C711
Person / Time
Site:	Davis Besse
Issue date:	03/20/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Benedetti L MAYFIELD HEIGHTS, OH
Shared Package
ML20140C715	List: ML20140C711 ML20140C730
References
NUDOCS 8603250460
Download: ML20140C711 (7)

Text

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MAR 2 0 M Ms. Lisa A. Benedetti Deputy-Clerk of Council Mayfield Heights, Ohio 44124

Dear Ms. Benedetti:

Your letter of February 18, 1986, to Chairman Palladino with an enclosed Resolution of the Council of the City of Mayfield Heights has been referred to me. This is to inform you of the action which is being taken by the NRC in response to the expressions of public concern which have been received regarding the approval to bury potentially radioactively contaminated sludge at the Davis-Besse Nuclear Power Station site.

On February 20, 1986,'the Commission issued an Order which refers the various requests for hearings which have been presented to the NRC regarding this issue to an Administrative Judge for consideration of an informal adjudicatory proceeding. Judge Helen Hoyt, the presiding officer, has published a notice in the Federal Register on March 14, 1986, regarding these proceedings. This notice informs interested parties about the opportunity for hearing and invites all interested persons desiring to intervene to-file a petition to intervene within thirty days of publication of the notice. Please refer to the attached notice for additional details.

Sincerely,

. Odginst signed W

• t n.neato ,

Harold R. Denton, Director Office of' Nuclear Reactor Regulation

Enclosure:

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Ms. Lisa A. Benedetti Deputy Clerk of Council Mayfield Heights, Ohio 44124

Dear Ms. Benedetti:

Your letter of February 18, 1986, to Chairman Palladino with an-enclosed Resolution of the Council of the City of Mayfield Heights has been referred to me. I have been asked to inform you of the action which is being taken 1 by the NRC in response to the expressions of public concern which have been received regarding the approval to bury potentially radioactively contaminated

sludge at the Davis-Besse Nuclear Power Station site.

]

On February 20, 1986, the Commission issued an Order which refers the various requests for hearings which have been presented t the NRC regarding this issue to an Administrative Judge for considerati n of' an informal adjudicatory proceeding. Judge Helen Hoyt, the presiding o ficer, has published a notice in the Federal Register on March 14, 1986, r garding these proceedings. This notice informs interested parties about th opportunity for hearing and invites

all interested persons desiring to inter ne to file a petition to intervene within thirty days of publ'ication of t notice. Please refer to the attached notice for additional detailh incerely, Harold Denton, Director Office o sluclear Reactor Regulation

Enclosure:

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8920 Federal Register / Vol. 51. No. 50 / Friday, hfarch 14,193(i / Notices d.2

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• Secretary's Conference Room. S-2500, Copies of the submittal may be OCRE, and City of hientor. Ohio filings .

FPB. inspected or obtained for a fee from the detailing their standing to participate -r.

. Items to be discussed are: NRC Public Document Room.1717 H and their complaints concerning the .

• Private Sector Involver,ent Street. NW., Washington. DC 20335. license amendment.The Order also Public Sector Coordination Comments and questions should be directed the presiding officer to provide liomeless Veterans directed to the Oh!B reviewer, Jefferson a similar opportunity to petition to be -

The public is invited. D. ilill. (202) 393-7340. heard of other interested persons. The The NRC Clearance Officer is R. Order authorized the presiding officer to Signed at Washington, DC, this 7th day of Stephen Scott, (301) 492-8585. request written submissions and d cuments; set schedules: entertain Do d Shast""* Dated at Bethesda. %!uy!and, th:s to:h day of March 1936 limited appearance statements on any Assistant Secretaryfor,l'etemns' issue in the proceeding from persons Employment and Trmmrg. For the Nuclear Regulatory Comrnission.

Patrida G. Norry, uho do not destre to become parties or

[FR Doc. 86-5664 Filed 3-13-60: 8 4~, am) cannot fulfill the requirements for p.irty -

swwo coes 4sso ro.as Director. Office of.1dminist ation. status at times specified by the pres: ding (FR Doc. 86-5683 Filed 3-13-86,8:43 arn) officer, and to entertain oral e4who coos rsso oi-as presentations at the presiding officer's -

NUCLEAR REGULATORY d;scretion.

COMMISSION The Commission directed that those s iDocket No. 50-346-ML.; ASLBP No. 86- who wish to become parties. (other than Agency Information Collection 525-01-M L]

Activities Under Office of Management the NRC Staff and TEC). must set forth and Budget Review Toledo Edison Co., et al.,(Davis Besse pith particuIarity and *i e Nuclear Power Station, Unit No.1; interest of that person them,n writing (1). the proceeding:

AGENCY: Nuclear Regulatory Memorandum and Order; Informal (2) how that interest may be affected by -

Commission- Hearing and Opportunity To Become a the results of the proceeding. including a ~.

Action: Notice of the Office of Party - delineation of the reasons why that hianagement and Badget review of '

person should be permitted to intervene *,-

information co!!ection. hf arch 10. W88 that makes particular reference to (a)

I. Introduction the nature of the person's right under the  ;.

suuuAny:'Ihe Nuclear Regulatory - Atomic Energy Act to be made a party.

Commission has recently submitted to On Febrtfary 20,1980, the U.S. Nuclear .(b) the nature of the extent of the .

the Office of h!anagement and Budget Regulatory Commission issued an Order person's property, financial, or other .I.'

(OhiBJ for review the following proposal instituting an informal hearing in this interest in the proceeding, and (c) the for the collection of information under matter. Pursuant to the Commiss!on's possible effect of any order that may be the provisions of the Paperwork Order the undersigned was appointed entered in the proceeding on the Reduction Act (44 U.S.C. Chapter 35). presiding officer for this matter on person's interest; (3) the specific aspect -

1. Type of submission. rtew, revision February 25.1986 by the Chief or aspects of the subject matter of the or extension: Extension. Administrative (udge. Atomic Safety p;oceed;ng that the person seeks to hate 2.The title of the information and L' censing Board Penel. htigated; and (4) relief sought with collection: Survey of Users of Devices The Commission instituted this respect to each complaint.Each of the .

Under General License, proceeding in response to petitions for a furegoing points shall be addressed in 3.The form number if applicable: Not hearing filed by Save Our State from- separate. concisely stated paragraphs.

a pplicable. Radioactive Waste (SOS). Toledo in submitting the information ca!!ed .

4. How often the collection is Coalition for Safe Energy (TCSE) and for in items 3 and 4 ab' ve. petitioners required: One time. "1 san A. Carter, the Western Reserve are to describe specifico#y any

5. Who will be required or asked to A!!!a. ce (WRA), the Consumers League deficiences in the application. cite report: A sample of persons that t.se of Ohio (CLO) Ohio Citizens for particular sections or portions of the devices containing byproduct material Responsible Energy (OCRE), and City of application which relate to the under generallicense. hientor. Ohio. The hearing will concern deficiency, and state in detail the

6. An estimate of the number of the application of Toledo Edison reasons why a particular section or responses: 400. Company (TEC) for authorization under portion of the apphcation is deficient.

7. An estimate of the total number of 10 CFR 20.302(a) to dispose nf by Petitioners must also submit all data hours needed to complete the product material on the site of its Davis. and materialin their possession which requirement or request: 280. Besse Nuclear Power Station. Unit 1. supports orillustrates each of the

8. An indicationof whether section The materials in question are deficiences complained of. Data anil 3504[h). Pub. L 9G-511 applies:Not radioactively contaminated resins from material from generally available epplicable, the plant's secondary system publications may be cited rather than

9. Abstract. Devices containing denumeralizer, furnished. Petitioners must also state radioactive byproduct material are used II. Ilow To Participate what relief they seek with respect to in a number of industrial applications. . . each of theircomplaints. A broad tmder a generallicense established by The Commission's Order directed t.ne statement requesting denial or recision the Commission, for producing light, presiding officer to request from SOS, of the license or its amendment without performing analytical measurements. or TCSE. Susan A. Carter.' WRA CLO.- stating why such extreme relief is slimination of static. NRC will conduct a appropriate will not satisfy the survey of a sample of users to acquire 8 he Petition of TCSE and S. san A. Carter dated requirement to state the relief sought.

data for a study of the effectiveness of A determination that petitioners have the general license in protecting public yJg,','QP,',Pjf,$$*g',',

that standing Petition. if deemed to cont.1bute to the rei.ord, to participate as parties to the health and safety. enay be rued. proceeding will be governed by existing i

I

4 Fadiral R gister / Vol. 51..No. 50'/ Friday, Efarch 14, 1986 / Notices 8921

, agency precedents pursuant to 10 CFR petitioner must file the original and two VI. Informal IIcaring 2.71Cd). See the Cornmission's Order copies of their notice of, appearance with c.nd Rocac// /nternationa/ Corp. the Docketing and Service Branch, with To the extent the presiding officer (E nergy Systems Group Special Nuclear service on all other parties, upon being finds petitioners

• complaints admissible' retained. he either may order additional Materials License No. SNM-21). LBP- submissions from the parties, or 83-65.18 NRC 774 (1983). The RocA wc/1 C Service List schedule an oral presentation, or both. If S ff IIn ow In Memorandum and Order an oral presentation is scheduled, it will Radioactive Waste Disposal Site) identifying the parties to this take place in the vicinity of the TEC proceeding. the presiding officer will facility.The parties will be permitted to ALAB-473. 7 NRC 737 (1978). and stated present testimony and argument, but at page 3 that: estabbsh an official service fist of parties who are to receive copies of cross-exammation will not be permit:cd.

• ?

• The practical tests are that the written submissions in this proceeding. The parties may, however, suggest petition must show (Il that the petitioner will questions to the presiding officer to be or m;ght be injured in fact by one or more of IV. Duty of the Applicant it:e possible outcomes of the proceeding and posed by her. Discovery is not (2) that the asserted interest of the petitioner in order to permit petitioners to permitted.

In achieving a particu!ar result is at least comply with the 30-day deadline to If the NRC Staff does not elect to

- arguably within the zone ofinterests submit the information required. TEC participate as a party to this proceeding.

protected by the statute invuhed. must ensure that the application, the the presiding officer may seek (10)If the presiding officer finds that license s ught t be amended, and all information from the Staff directly. In the hearing petitions or any intervention correspondence pertaining to its that event, any infremation received will petition should be denied in toto for lack application, are immediately upon be served on the parties to the of standing or any other reason, that receipt of this Notice and Order:(1) proceeding by the presiding officer.

determination, which must be in writing. $,ade p c i n an cop - an 2) VII. Limited Appearances will become the final agency action within thirty days unless the f rwayded to the Presiding Officer.' Itis Those who do not wish to become Commission, on its own initiative, ma'erial shall be,made available at a parties but wish to subrait a statement undertakes a review of that decision. c nsenient location in the vicmity of the to the presiding officer may do so by On or before April 14,1986, SOS, TEC facility and at such other locations mailing their statement to the as rnay be indicated by requests.The Commission's Secretary, properly TCSE Susan A. Carter. WRA. CLO.

OCRE, City of Mentor. Ohio, and m teda1 shall be available for

, addressed and stamped, on or before unyone else, including governmental inpsection and copying during business April 14,1986. Should the presiding entities, who wishes to become a party hours and during reasonable periods in officer determine that a petitioner may evenings and during weekends. This not be a party to this proceeding. the shall file the information called for ,

above. On or before April 28.198G. the material, together with the matenal material submitted by that petitioner NRC Staff, if it wishes to participate as a submitted by petitioners, and any other will be treated as a limited appearance party, shall so notify the petitioners, material called for by the presiding statement. Limited appearance TEC, and the presiding officer in writing. U [#' c3 th

' ements are not part of the Hearing res ingoff ce wi bas her p; '

r 111. How and Where To File decision.

1

• A. Information Colledfor by This Notice V. Presiding Officer's Initial Ruling

- and Order Upon receipt of petitioner's The presiding officer intends to issue The original and two copies of submissions, the presiding officer will a decision in this proceeding as inf.ormation called for by this Notice and evaluate the materialin the Hearing promptly as feasible following receipt of Order is to be filed with the Docketing . File. The presiding officer will then rule petitioners' submissions, with a goal of and Service Branch of the Office of the on each petitioner's rights to become a 120 days if additional submissions are Secretary, U.S. Nuclear Regulatory party to this pro'ceeding. The presiding required following receipt of, initial

Commission.1717 H Street. NW., officer will also review petitioners

• Petitions. No petition for review will be Washington, DC 20555. Single copies of complaints and supporting material. In entertained by the Commission such filings shall also be served on TEC, making this review, the presi regarding the presiding officer s Charles A. Barth-NRC Counsel. Office may rule that the petitioners, ding officer decision. However, the Commissio of the Executive Legal Director. U.S. complaints:(1) Are admissible for review the decision on its own initiatn c.

Nuclear Regulatory Commission, consideration

(2) are beyond the scope Order Washington. DC 20555, and the of this proceeding,(3) constitute -

For aH the foregoing reasons and upon presiding officer by either personally requests for relief which the presiding delivering it or mailing it, properly officer lacks the power to grant: (4) are consideration of the entire record in this addressed and stamped, by April 14. too vague to permit consideration: or (5) matter, it is, this toth day of March 1988.

.1986, are otherwise inadmissible. If necessary, Ofdered

. . the presiding officer will call for B. Other Written Submissions 1.That on or before April 14.1980.

additional submissions prior to making The. original and two copies of all the rulings contemplated by this SOS, TCSE, Susan A. Carter, WRA, other written submissions made by a paragraph. In the absence of such a CLO, OCRE and the City of Mentor, party shall also be filed with Docketing request. no further submissions are to be Ohio shall file a petition to participate and Service Branch with single copies made. as described in the foregoing l muiled or personally delivered to the Petitioners are hereby put on notice memorandum: I presiding officer TEC. Mr. Barth, and all that the presiding officer may rule ,on the 2.That any other person wishing to other parties on or before the due date. merits of the entire matter based on participate shall file a similar petition by

. Attorneys representing a party or _ petitioners' initial submission. the same date;

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• J 8922 F;d:r:1 Rrgistir / V::1. 51. No. 50 / Friday, hfarch 14, 1986 / Notic:s s

3.That on or before April 28.198S, the impacts associated with this proposed Nuclear Waste Policy Act; Avaltability s ~

NRC Staff shall notify the presiding extension. of Draft Technical Potition in Low.

officer if it wishes to participate as a With regard to potential non- Level Waste Program party to this proceeding: and radiologicalimpacts, the proposed AGENCY: Nuclear Regulatory

4. That this informal hearing shall be extension involves features located entirely within the restricted area as - Commission.

conducted in accordance with the Actron: Notice of Availability.

procedures described in the foregoing defined in 10 CFR Part 20. It does not memorandum. affect non-radiological plant effluents and has no other environc entalimpact. suMusRv:The Nuclear Regidatory Bethesda. Maryland. hf arch 10.1956' Therefore, the Commission concludes Commission (NRC)is announcing the

"* "* that there are no signifacant non. availabihty of a " Draft Branch Technical Admsmstrativefudge. radiological environmental impacts Position on Standard Format and (FR Doc. 26-56a5 Filed 3-13-86; 8A5 am] Content of License Applications for associated with this proposed extension.

owns coos tsao.ews .Near Surface Disposal of Rad.'oactive Alternatives to the ProposedAction Waste."

As required by section 102(2)(E) of oATE:The comment period expires May 3 IDock et No. 50-412] NEPA (42 U.S.C. 4332(20(Ell. the staff 13.1986.

has considered possible alternatives to AcoREssts: Send comments to R. John .

Duquesne Light Co. et al . the proposed action. The ordy possible Environmental AssessEt and Starmer. Low. Level Waste and Uranium alternative to the proposed action is not Recovery Projects B' ranch. Division of Z Finding of No Significant impact to renew the construction permit. This -'

Waste Management. U.S. Nuclear The U.S. Nuclear Regulatory alternative would have led to a change Regulatory Commission. Mail Stop 623- '-

in status and would result in a greater SS. Washington, DC 20555. Copies of Y.

Commission (the Commission)is ~

considering issuance of an extension of impact on Duquesne Light personnel and this document may be obtained free of Construction Permit No. CPPR-105 to the environment (the project is currently charge upon, written request to Linda Duquesne Light Company Cleveland more than 905 complete). Luther. Docket Control Center. Division .

Electric Illuminating Company. Ohio Therefore, there is no appropriate of Waste Management. U.S. Nuclear  ?

Edison Company and Toledo Edison alternative to the proposed action. Regulatory Commission. Mail Stop 623-  ?.'

Company (the Permittees), for the Alternative Use ofResource SS, Washington. DC 20555. Telephone 1/ 3t Beaver Valley Power Station. Unit No. 2 . 800/368-5M2 Ext. 74426 or 427-74426 for located in Shippingport. Pennsylv ania. This action involves no use of Washington area callers.

resources not previously considered in (4 Environmental Assessment the Final Environmental Statement FOR FURTHER INFORMATION CONTACT:

(construction permit and operating Clayton L. Pittiglio. Low. Level Waste Identiffcotion ofPmposed Action and Uramum Recovery Projects Branch.

license) for the Beaver Valley Power The extens. ion would extend the Division of Waste Management. U.S.

Station. Unit No. 2.

expiration date of the Construction Nuclear Regulatory Commission. .

Permit CPPR-105 from December 31, Agencies andPersons Consulted Washin;; ton, DC 20555. Telephone (301) 1984, to December 31.1930. The NRC staff reviewed the 427-4793.

permittees' request and did not consult . SUPPLEMENTARY INFORMATION:This

- Du uesn hght pany a ap cation e s M. announcement noh avadaW ad for extension dated November 8,1984. solicits comments on the ,' Branch Finding of No Sitmmrant Impact ~

The Needforthe PmposedAction Technical Position on Standard Format The Commission has detemined not and Content of License. Applications for The proposed extension is needed to prepare an environmentalimpact Near Surface Disposal of Radioactive -

because the completion date of Beaver 't*tement for the p posed extension. Wa ste."

Valley Unit 2 has been postponed for B -

the following reasons: The Branch Technical Position on environmental assess we conclude (1) Reduced projected electric power Standard Format and Content of License that the proposed action will not have a Applications for Near Surface Disposal n z d; significant effect on the quaity of the of Radbactise Waste r= presents a (2) Increased regulatory requirements; human environment. f mat f r hcense applications that is (3) The permittees' financial problems: For further details with respect to this (4) Additional time needed to fully acceptable to NRC staff. However.

action, see the request for the extension test and evaluate portions of the project. dated November 8.1984, which is conktmance with the Standard Format s o red P "

Environmentollmpacts of the Proposed available for public inspection at the .

{ t epm Action Commission's Public Decument Room, by the staff if they provide an adequate 1717 H Street. NW., Wa shington. DC. basis for the findings requisite to issuing The proposed extension will not allow .a at de B. F. W Memdal Wary, any work to be performed that is not a license.

hn A][. Ahqdppa.

a!rcady allowed by the existing g The purpose of the Branch Technical construction permit. The probability of Position on Standard Format and Dated at Bethesda. Star > land. this 6th day Content of License Applications for accidents has not been increased and of 5farch 1988. Near Surface Disposal of Radioactis e post-accident radiological releases will .

For the Nuclear Regula:ory Comm!ssion. Waste is to explain in more detail the not be greater than previously ditermined.sior does the proposed Lester S. Rutenstein. Information to be provided in the extension otherwise affect radiological Director. PWR Project Derectorate No. 2. 8 application for a license. Use of the (

plant effluents. Therefore, the Diiisiono/PWRLicensmg A. standard fctmat will(1) aid the i Commission concludes that there are no (fR Doc. 864684 Filed 3-13-83. a.45 uni] applicant and NitC staff in ensuiing that -

cignificant radiological environmental swuo coca rim m the information is complete. (2) he!p

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[a o UNITED STATES

[ ~,j NUCLEAR REGULATORY COMMISSION 5* ;E WASHINGTON. D. C. 20555 o

%9 EDO PRINCIPAL CORRESPONDENCE CONTROL

- - - - __ -----____ =

FROM: DUE: 31Y N EDO CONTROL: 001461 DOC DT: 02/18/86 LISA A. BENEDETTI FINAL REPLY:

CITY OF MAYFIELD HEIGHTS, OHIO TO:

CHAIRMAN PALLADINO -

~ ~

FOR SIGNATURE OF: ** GRFEN ** SFCY NO: 86-168 DESC: ROUTING:

ENCLOSES RESOLUTION NO. 1986-12 RFOUESTING NRC TO KERR, SP RESCIND APPROVAL FOR THE DISPOSAL OF RADIOACTIVE DAVIS WASTE AT DAVIS-BESSE PLANT SITE KEPPl.ER GCUNNINGHAM DATE: 02/25/86

-ASSIGNED TO: NRR CONTACT: DFNTON SPECIAL INSTRUCTIONS OR REMARKS: '

FOR AFPROPRIATE ACTION.

NRR RECEIVED: 02/26/86 ACTION: ._ fffWR-B:_MIRAGLIA .

i4RR ROUTING: DENTON/EISENHUT

'PPAS MOSSBURG/ TOMS 1

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, OFFICE OF THE SECRETARY

, CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-86-0168 LOGGING DATE: Feb 24 86 ACTION OFFICE: EDO AUTHOR: L.A'. Benedetti 1 AFFILIATION: OHIO LETTER DATE: Feb 13 86 FILE CODE: ID&R-5 Davis-Besse

SUBJECT:

Resolution No. 1986-12 req the NRC to rescind approval for the dis- posal of radioactive waste at the Davis-Besse plant site ACTION: Appropriate DISTRIBUTION: Docket SPECIAL HANDLING: None l NOTES:

I DATE DUE:

4 SIGNATURE: . DATE SIGNED:

AFFILIATION:

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