ML20216G269

Responds to 970731 Ltr Re Requests from Executive Director of Utah Dept of Environ Quality for Action Under 10CFR2.206. Staff 970806 & 0811 Responses to Requests Encl

ML20216G269
Person / Time
Site:	07200022
Issue date:	09/02/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Cook M HOUSE OF REP.
Shared Package
ML20216G275	List: ML20216G269 ML20216G285 ML20216G290
References
2.206, NUDOCS 9709150021
Download: ML20216G269 (1)

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1. g UNITED STATE S NUCLEAR REGULATORY COMMISSION p [)%Ng/

WASHINGTON. D.C. 7066@o1 4

• September 2, 1997 CHAIRMAN I

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The Honorable Merrill Cook U.S. House of Representatives Washington, D.C. 20515

Dear Congressman Cook:

I am responding to your letter of July 31,1997, regarding requests from the Executive Director of the Utah Department of Environmental Quality (DEO) for action under 10 CFR 2.200 of the Nuclear Regulatory Commission's regulations. I am enclosing the staffs August 6,1P97, and August 11,1997, respontes to the requests. While the DEQ's concems will be con',dered by the staff during its licensing review of the application by Private Fuel Storage to build and operate an independent spent fuel storage installation, a 2.206 petitioq is designed to handle enforcement requests and is not an appropriate procedure for objecting to a license application. Rather, the process afforded States, and members of the public for contesting the adequacy of a license application is a request for hearing and petition to intervene in the licensing proceeding in accordance with 10 CFR 2.714 of the Commission's regulations. This process was described to Dr. Nielson in our August 11,1997, letter and is fully explained in the " Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for Hearing

• which was published in the Federal Benister on July 31,1997. A copy is also enclosed. The notice provides a 45-day period for the submission of intervention petitions.

The staffs determination that the Private Fuel Storage, Limited Liability Company, (PFS) application contained suffic'ent laformation for docketing is independent of any subsequent determination on the sufficiency of the information in the application in terms of demonstrating compliance with the applicable regulatory requirements in 10 CFR Pari 72.

That determination will be made on the basis of the staffs review of the application, and the concerns raised in the two DEQ requests will be considered in that context.

During its review of the PFS application, the staff will review the emergency plan and determine whether PFS's compliance with all the emergency planning regulatory requirements of 10 CFR 72.32 has been adequately demonstrated.

I trust that this responds to your concems. Please contact me if I can be of further assistance.

Sincerely, I

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, ,j C 07 0 Shirley Ann Jackson Enclosures; As stated i l{\\$,!$,!$h!!k, .

cc: Govemor Michael Leavitt Chief Leon Bear, Skull Valley Band of Goshute Indians John D. Parkyn, Private Fuel Storage 9709150021 970902 PDR COMMC NftCC C,ORRESPONDENCE PG