ML20141G549

Responds to Re 970408 Response to Petition Per 10CFR2.206,which Expresses Support for Petitioner Request for Public Hearing on Matters Raised Re Millstone, Units 1,2 & 3 & Haddam Neck

ML20141G549
Person / Time
Site:	Millstone, Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	05/16/1997
From:	Collins S NRC (Affiliation Not Assigned)
To:	Del Core D AFFILIATION NOT ASSIGNED
References
2.206, NUDOCS 9705220412
Download: ML20141G549 (2)

Text

_ ___ _

i dIh

{ , ./

/  %

4 UNITED STATES

&&I-(

3 l / g NUCLEAR REGULATORY COMMISSION 9, WASHING 1rON, D.C. 30006-0001

)

..... May 16, 1997 Donald W. Del Core, Sr.

4 Driscol! Drive Uncasville, CT 06382-1808

Dear Mr. Del Core:

This is in reply to your letter dated April 17,1997, regarding my April 8,1997, response to the petition, filed pursuant to 10 CFR 2.208 by Ernest Hadley, Esquire, on behalf of

' Mr. Albert A. Cizek. In particular, you express your support for the Petitioner's request for a public hearing on the matters raised regarding Millstone Units 1,2, and 3, and Haddam Neck.

In my April 8 response, I denied the request for a hearing.

My April 8,1997, letter to Mr. Hadley is an initial acknowledgment of receipt of the Petition.

The staff is still reviewing the many issues raised and I will be issuing a Director's Decision in the near future, once the staff has completed its evaluation. Although not explicitly stated in my letter, in denying the Petitioner's request for a public hearing before restart or decommissioning of any of the Millstone units or Haddam Neck, the staff was guided by NRC Management Directive 8.11, the process to be followed in connection with petitions filed under 10 CFR 2.206, '

I This Directive provides that an informal public hearing is not automatic and will not be held simply because it is requested by a petitioner. Rather, there are three criteria which must be addressed: (a) whether a hearing could compromise ' sensitive" information, such as, '

i information of an investigatory or proprietary nature, (b) whether the petition presents new information of a significant safety issue not previously evaluated by the staff, new information

,' on a significant safety issue previously evaluated, or presents a new approach which appears to have merits and which warrants reevaluation of a previously evaluated issue, or (c) whether

! the petition alleges violations of NRC requirements involving a significant safety issue (this i would include nearly all Severity Level I, most Severity Level 11, and, possibly, some Severity i.evel ill violations) and provides sufficient information and supporting facts that tend to I  ;

establish that the violation (s) occurred. Before offering an informal public hearing, the staff must conclude that (a) and (b) or (c) favor such action. In this instance, the staff was of the

>l view that while (a) was satisfied, neither (b) nor (c) was satisfe' d.

(

'I i

Notwithstanding that Mr. Cizek 's request for an informal public hearing was denied, regularly scheduled public meetings have been, and will continue to be held in the vicinity of the facilities.

l At these meetings, not only the staff and licensee, but also members of the public can raise

(

issues of concem. Thus, Mr. Clzek has a public forum in which his concems and views can be

! l raised, and, of course, both his request and my eventual Director's Decision will be matters of s I public record.

O 1 3

1 I

t

{g h i e000

• 9705220412 970516 i PDR ADOCK 05000213 ,

H PDR g a  !

l l

Mr. Del Core l 1

l am sincerely interested in assuring that sound and readily understood decisions are made by ,

the staff throughout its review of the Millstone restart and Haddam Neck decommissioning processes. These decisions will be made after thorough review of all relevant safety information and with due regard for public involvement in accordance with the Commission's regulations and policies, i-Sincerely, OdgtnalcJgnedby  :

SamuelJ. Collins Samuel J. Collins, Director  !

j Office of Nuclear Reactor Regulation Distribution: SP0 R/F Central Files .

PUBLIC "

l LChandler, OGC ,

. CMarco, OGC PMcKee SReynolds EDO - G970140 i

! NRR/Mailroom - KBohrer (additional request to original GREEN ticket - 2.206 Petition)

SCollins FMiraglia

~

RZimmerman TMartin MSlosson  !

JKennedy l

l 4

DOCUMENT NAME:A: Del Core.

To receive a copy of this document.1 x *C" copy w/o attach /enci *E" copy w/ attach /enci "N" no 0FFICE D:SP0 k ) kNRb/

NAME WTravers/sr ) fg DATE 6 //Y/97 bM#/97 0FFICIAL RECORD COPY dg