Supplemental Conclusions of Law Supporting NRC Authority to Insert Conditions Re Waste Mgt Facility Mgt Into OLML20214L504 |
Person / Time |
---|
Site: |
Davis Besse ![Cleveland Electric icon.png](/w/images/7/78/Cleveland_Electric_icon.png) |
---|
Issue date: |
09/06/1986 |
---|
From: |
Kley J, Van Kley J OHIO, STATE OF |
---|
To: |
|
---|
References |
---|
CON-#386-629 86-525-01-ML, 86-525-1-ML, ML, TAC-60875, NUDOCS 8609100204 |
Download: ML20214L504 (2) |
|
|
---|
Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20210D8471986-09-16016 September 1986 Reply to Intervenors & State of Oh Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20214L4991986-09-0808 September 1986 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision on Disposal of Waste at Facility. Certificate of Svc Encl ML20214Q3681986-09-0808 September 1986 Finding of Facts Re Davis-Besse Hearing on Site Disposal of sludge-resin Low Level Radwaste.Certificate of Svc Encl ML20209G2061986-09-0606 September 1986 Submits Addl Conclusions of Law Re Insertion Into OL of Conditions Concerning Mgt of Waste Facilities.Certificate of Svc Encl ML20214L5041986-09-0606 September 1986 Supplemental Conclusions of Law Supporting NRC Authority to Insert Conditions Re Waste Mgt Facility Mgt Into OL ML20214L5921986-09-0606 September 1986 Proposed Findings of Fact & Conclusions of Law Re Util Request to Dispose of Byproduct Matl Onsite.Commission Approval of Disposal Request Revoked.Certificate of Svc Encl ML20214L5241986-09-0505 September 1986 Proposed Findings of Fact & Conclusions of Law Re Adequacy of Proposed Procedures for Disposal of Low Level Radwaste in Manner Consistent W/Environ,Geological & Topographical Concerns ML19319B2911976-08-30030 August 1976 Applicants Joint Proposed Findings of Fact & Conclusions of Law Substantiating That No Inconsistent Situation Is Created or Maintained Under Licenses.Certificate of Svc Encl ML19329A8881976-08-23023 August 1976 Findings of Fact & Conclusions of Law of DOJ to Determine Whether Activities Under Licenses Would Create or Maintain Situation Inconsistent W/Antitrust Laws.Certificate of Svc Encl ML19329A8271976-08-23023 August 1976 Proposed Findings of Fact & Conclusions of Law & Brief in Support of City Request to Condition License of Applicant. Certificate of Svc Encl ML19319C3051975-04-25025 April 1975 Memorandum of Law for Special Master for Determination of Assertions of Privilege.Certificate of Svc Encl ML19326B0241973-08-22022 August 1973 Intervenors' Proposed Findings of Fact & Conclusions of Law.Director of Regulations Should Be Authorized to Terminate Cp.Certificate of Svc Encl ML19329C6741973-08-14014 August 1973 Applicants' Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision Allowing CP to Remain in Effect. Certificate of Svc Encl ML19326A9301972-05-10010 May 1972 Toledo Edison Co & Cleveland Illuminating Co Proposed Findings of Fact,Conclusions & Order.Cp Should Not Be Suspended,In Whole or in Part Pending Completion of NEPA Review ML19340A2891971-03-0808 March 1971 Applicants' Reply to Proposed Findings of Fact & Conclusions of Law of Coalition for Safe Nuclear Power,G Lau & Aec. 710220 Findings & Conclusions Should Be Adopted in Support of Issuance of CP ML19340A2821971-03-0505 March 1971 Preliminary Statement Re Proposed Findings & Conclusion in Opposition to Applicants' Findings.Issuance of CP for Facility Will Be Inimical to Common Defense Security,Health & Safety of Public.Certificate of Svc Encl ML19326B0301971-03-0404 March 1971 Proposed Findings of Fact & Conclusions of Law.Applicant'S Technical & Design Info Incomplete & R & D Program Inadequate.Plant May Endanger Public Health & Safety. Proposed Form of ASLB Order & Certificate of Svc Encl ML19326A9101971-03-0404 March 1971 Suppl to Applicants' Proposed Findings of Fact & Conclusions of Law Re 1969 Nepa.Public Disclosure Provisions of NEPA Have Been Observed by AEC in Proceeding 1986-09-08
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20198L1911998-12-21021 December 1998 Submits Comments Re Proposed Rule to Revise 10CFR50.59, Changes,Tests & Experiments ML20198L1361998-12-15015 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maint of NPP ML20217J2161998-03-27027 March 1998 Comment on Proposed Generic Communication Re Lab Testing of nuclear-grade Activated Charcoal ML20217F5361998-03-25025 March 1998 Comment Opposing Draft Regulatory Guide DG-1071, Std Format & Content for Post-Shutdown Decommissioning Activities Rept ML20199J4651998-01-22022 January 1998 Comment Opposing Draft RG-1070, Sampling Plans Used for Dedicating Simple Metallic Commercial Grade Items for Use in Npps. RG Unnecessary Based on Use of EPRI Guideline & Excellent Past History of Commercial Grade Items at DBNPS ML20148M6421997-06-17017 June 1997 Comment on Proposed NRC Bulletin 96-001,suppl 1 Re Control Rod Insertion Problems.Nrc Should Review Info Provided in Licensee 970130 Submittal & Remove Statements of Applicability to B&W Reactors from Suppl Before Final Form ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20097G5731996-02-13013 February 1996 Comment Supporting Petition for Rulemaking PRM-50-63 Re Use of Potassium Iodide ML20097B8721996-01-23023 January 1996 Petition of City of Cleveland,Oh for Expedited Issuance of Nov,Enforcement of License Conditions & Imposition of Appropriate Fines,Per 10CFR2.201,2.202,2.205 & 2.206 ML20101B5841996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement Or,In Alternative,For Severance of Issue & Expedited Hearing Procedures.W/Certificate of Svc ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20096E9781996-01-0808 January 1996 Comment on Proposed Suppl to GL 83-11, Licensee Qualification for Performing Safety Analyses in Support of Licensing Actions ML20087J3611995-08-14014 August 1995 Comment Opposing Proposed Rule 10CFR2 Re Rev of NRC Enforcement Policy ML20086M8241995-06-29029 June 1995 Comment on Proposed Review of NRC Insp Rept Content,Format & Style ML20083M8701995-05-10010 May 1995 Comment on Proposed Rule 10CFR50 Re Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactor ML20081C8841995-03-0303 March 1995 Comment Re NRC Proposed Generic Communication Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities. Util Ack NRC Efforts to Reduce Scope of GL 88-20,but Believes That Proposed Changes Still Overly Restrictive ML20077M5831995-01-0404 January 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & low-power Operations for Nuclear Power Reactors ML20072K3611994-08-16016 August 1994 Comment Opposing Proposed Rule 10CFR72 Re Plans for Storage of Sf at Davis Besse NPP ML20072K4411994-08-14014 August 1994 Comment Opposing Proposed Rule 10CFR72 Re Dry Storage of Nuclear Waste at Facility in Toledo,Oh ML20072K5261994-08-12012 August 1994 Comment Supporting Proposed Rule 10CFR72 Re Addition of Standardized NUHOMS Horizontal Modular Storage Sys to List of Approved Sf Storage Casks ML20072B1581994-08-0909 August 1994 Comment Opposing Proposed Rule 10CFR72 on List of Approved Spent Fuel Storage Casks:Addition ML20029D8221994-04-19019 April 1994 Comments on Proposed Rule 10CFR50 Re Codes & Stds for Nuclear Power Plants;Subsection IWE & Subsection Iwl ML20062M4011993-12-28028 December 1993 Comment Supporting Petition for Rulemaking PRM-21-2 Re Commercial Grade Item Dedication ML20046A9561993-07-19019 July 1993 Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. ML20056C8951993-07-19019 July 1993 Order Extending Time within Which Commission May Rule on Petitions for Review of LBP-92-32.W/Certificate of Svc. Served on 930720 ML20045F8321993-06-22022 June 1993 Comment on Proposed Rule 10CFR26 Re Mods to fitness-for-duty Program Requirements.Concurs W/Proposed Rule in Reducing Random Testing Rate of Licensees to 50% & Disagrees W/ Maintaining Random Testing Rate of 100% for Vendors ML20044E2781993-05-13013 May 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re VEPCO Petition to Change Frequency of Emergency Planning Exercise from Annual to Biennial ML20044E1561993-04-29029 April 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re Frequency Change of Emergency Planning Exercises ML20127L8781993-01-19019 January 1993 Comment Supporting Comments Submitted by NUMARC Re Draft Reg Guide DG-1020 ML20127A6171993-01-0606 January 1993 Order.* Time within Which Commission May Rule on Petitions for Review of Board Order LBP-92-32,dtd 921118,extended Until 930208.W/Certificate of Svc.Served on 930106 ML20126D5801992-12-23023 December 1992 NRC Staff Answer in Response to Petitions for Review Filed by Oh Edison Co,Cleveland Electric Illuminating Co,Toledo Edison Co & City of Cleveland.* W/Certificate of Svc ML20126F6501992-12-23023 December 1992 Answer of City of Cleveland,Oh,Intervenor,In Opposition to Petitions for Review of 921118 Decision of Aslb.* Petitioners Petitions for Review Should Be Denied. Certificate of Svc Encl ML20126D5171992-12-23023 December 1992 City of Brook Park Answer to Petitions for Review.* Opposes Applicants 921208 Petitions for Review Based on Fact That ASLB Decision in proceeding,LBP-92-32,adequately Addressed Issues Raised in Petitions.W/Certificate of Svc ML20126D5461992-12-23023 December 1992 Answer of Cleveland Electric Illuminating Co & Toledo Edison Co to Limited Petition for Review of City of Cleveland,Oh of 921118 Decision of Aslb.* Commission Should Deny City of Cleveland Petition.W/Certificate of Svc ML20126D5781992-12-23023 December 1992 Answer of American Municipal Power-OH,Inc in Opposition to Petitions for Review of Oh Edison Co & Cleveland Electric Illuminating Co/Toledo Edison Co.* W/Certificate of Svc ML20126D4761992-12-22022 December 1992 Alabama Electric Cooperative Answer to Applicants Petitions for Review.* Applicants 921208 Petitions for Review Should Be Denied.W/Certificate of Svc ML20126A5461992-12-10010 December 1992 Order.* Requests That Answers to Petition for Review Be Filed No Later than 921223.W/Certificate of Svc.Served on 921210 ML20126A5751992-12-0808 December 1992 Petition for Review.* Requests That NRC Review LBP-92-32, 921118 Board Decision in Proceeding.Board Erroneously Interpreted Section 105(c) of AEA by Ignoring Fundamental Underpinning of Statute.W/Certificate of Svc ML20126A5871992-12-0808 December 1992 Petition for Review.* Requests That NRC Review ASLB 921118 decision,LBP-92-32.Board Erroneously Interpreted Section 105(c) of AEA by Ignoring Fundamental Underplanning of Statute.Certificate of Svc Encl ML20126A7651992-11-18018 November 1992 Limited Petition for Review of City of Cleveland,Oh of 921118 Decision of Aslb.* City of Cleveland Petition for Review Should Be Granted.W/Certificate of Svc ML20115E1771992-10-0808 October 1992 Comment Supporting Draft Mgt Directive 8.6,GL 92-05 ML20105C8971992-09-16016 September 1992 Comment Opposing Proposed Generic Communication Re Generic Ltr Concerning analog-to-digital Replacements Under 10CFR50.59 ML20114A8841992-08-17017 August 1992 Designation of City of Brook Park,Oh of Adopted Portions of Summary Disposition Pleadings.* Brook Park Not Advancing Any Addl Argument or Analysis in Connection W/Designation,Per 920806 Memorandum & Order.W/Certificate of Svc ML20099E1821992-07-28028 July 1992 Comment Supporting Proposed Rules 10CFR20 & 61 Re LLW Shipment Manifest Info & Reporting ML20099A4051992-07-17017 July 1992 Comment on Proposed Rules 10CFR20 & 50 Re Reducing Regulatory Burden on Nuclear Licensees.Supports Rules ML20101R4831992-07-0808 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & Special Nuclear Matl 1998-03-27
[Table view] |
Text
y Io 00LKETED USNPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION lb P -9 N0:39 Before 0FFICE OE 3E UttlAit Y 00CKETING & SERVICE Helen F. Hoyt BRANCH Administrative Judge IN THE MATTER OF :
- Docket No. 50-346-ML TOLEDO EDISON COMPANY,etal. :
- ASLBP No. 86-525-01-ML (Davis-Besse Nuclear Power :
Station, Unit No. 1 :
SUPPLEMENTAL CONCLUSIONS OF LAW Pursuant to the order of the presiding officer, the State of Ohio presents these additional conclusions of law concerning the insertion into operating licenses of conditions relating to management of waste facilities.
- 1. 42 U.S.C. Section 2201 authorizes the Commission to establish by order instructions for the possession of byproduct material as the Commission may deem necessary to protect health or minimize danger to life or property.
- 2. 10 CFR 50.50 provides that "the Commission will issue a license ... in such form and containing such conditions and limitations including technical specifications,
! as it deems appropriate and necessary."
- 3. 10 CFR 20.502 states that the Commission may by order " impose upon any licensee such requirements, in addition l 8609100204 860906 PDR ADOCK 05000346 >
G PDR l
1 DJoJ
r
/
to those established in the regulations in this part, as it deems appropriate or necessary to protect health or to minimize danger to life or property."
- 4. Any one of these authorities give the Commission the ability to insert into Toledo Edison's operating l
license conditions relating to the maintenance of a waste facility, including notices warning the public about the facility.
Respectfully submitted, ANTHONY J. CELEBREZZE, JR.
ATTORNEY GENERAL OF OHIO Y" '
Jagk A. Van Kley j f
Edward Lynch Sharon Sigler Assistant Attorneys General Environmental Enforcement Section 30 East Broad Street Columbus, Ohio 43215 (614) 466-2766 I hereby certify that a copy of the foregoing was served on all parties to this action by regular mail on l
September 6, 1986.
Jadk A. Van Kley gl
-