ML20207C760

Discusses NRC Discretionary Authority to Deny Requests for Hearing,Per 10CFR2.772(i).Request Re Determination on Issue of NSHC Referred to Aslb.On 861209,opportunity to File Amended Petition Granted.Served on 861224

ML20207C760
Person / Time
Site:	Saint Lucie
Issue date:	12/23/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Reis H NEWMAN & HOLTZINGER
References
CON-#486-1996 OLA, NUDOCS 8612300228
Download: ML20207C760 (1)

Text

l'W$b a no s

/ ,'o, UNITEG) STATES

! NUCLEAR REGULATORY COMMISSION j

{ WASHINGTON,0.C. 20666

%.....* oecernber 23, 1986 '[ ,

OFFCE OF THE SECRETARY

'86 EC 23 PS :20 GFF' Harold F. Reis 3, u, Newman & Holtzinger, P.C.

1615 L Street, NW Washington, DC 20036 SERVED DEC 24138@

Ret Florida Power & Light Company (St. Lucie Plant Unit 2)

Docket No. 5 0-389 - OLS Spent Fuel Transfer Amendment Noticed at 51 Fed. Reg. 37242 (October 20, 1986)

Dear Mr. Reis:

The Chairman has asked me to reply to your letter of December 8, 1986, forwarding an exchange of letters between yourself and Chief Administrative Judge B. Paul Cotter.

Your subsequent letter of December 12, 1986 will be the subject of a separate response.

The Secretary's discretionary authority pursuant to S2.772(i) to deny requests for hearing is used sparingly in order to assure that the rights of individuals are properly protected. Requests are reviewed by the Secretary's office and a determination is made as to the appropriateness of exercising the Secretary's authority. In this case involving a determination on the issue of no significant hazards consideration, the request was referred to the Atomic Safety and Licensing Board Panel. A Licensing Board was subsequently established, and on December 9, granted Mr. Paskavitch an opportunity to file an amended petition as permitted by the Commission's rules and set forth in the Federal Register notice in this case.

I have ingtructed ny staff to carefully scrutinize all hearing requests. The Commission believes that no further action is required at this time. Your interest and concern for the proper application of the Commission's rules is appreciated.

Sinceh)1y, ,

8612300228 B61223 PDR ADOCK 05000389 25 G PDR Samuel . Chilk cretary o f the Commission

, 0, 2-

}_ )3