ML19254B173
| ML19254B173 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 08/30/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Hand C, Luebke E, Mark Miller BODEGA MARINE LABORATORY, Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19254B174 | List: |
| References | |
| NUDOCS 7909240516 | |
| Download: ML19254B173 (2) | |
Text
. - - -
TE &
~
"G muc Docuuzn m em(o, UNITED STATES
[}
'i NUCLEAR REGULATORY COMMISSION v,
g wAssincros. o. c. 20sss ne kN f August 30, 1979 Marshall E. Miller, Chairman Dr. Emeth A. Luebke Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Dr. Cadet H. Hand, Jr., Director Bodega Marine Laboratory University of California P.O. Box 247
'j
- 9y,
Bodega Bay, California 94923 4.,V
- s. '
In the Matter of 9
OD DUKE POWER COMPANY h
e! U j.
-6 5 x [. E (Amendment to Materials License SNM-1773 for (--
cd (
Oconee Nuclear Station Spent Fuel Transportation'-
h anr' Storage at McGuire '.uclear Station)
M Docket No. 70-2623
'%.4D ne1
Dear Members of the Board:
Enclosed please find a copy of the "NRC Staff Testimony of R. Daniel Glenn and C. Vernon Hodge" which discusses the effect of the change in transportation routes on the analysis presented in the Environmental Impact Arpraisal Related to Spent Fuel Storage of Oconee Spent Fuel at McGuire Nuclear Station, Unit 1 Spent Fuel Pool (EIA).
At the August,1979 hearings held in Charlotte, North Carolina, the Staff explained that the transportation route which was analyzed in the EIA had been disapproved by the NRC Staff after ap(44 Fed. Reg. 34467, June 15,1979; plying new regulations dealing with security of spent fuel in transit.
10 CFR 573.37.) Alternative routes were approved by the Staff and the Staff proposed that the Board hear additional testimony on the effect of the route changes. The Board indicated it would hear such testimony at the September hearings.
The question of the confidential treatment of routing details has become an issue in this proceeding. At the Auqust,1979 hearings, the Staff urged that such routing information should be maintained in confidence and so"e.t an appropriate protective order from *,he Licensing Board.
The Licensing Board disagreed but permitted the Staff a thirty-day period within which to take the issue to the Appeal Board.
Pending the expiration of this period, the Staff had originally contemplated to limit the distribution of this testimony to maintain the confidentiality of the routes for the proposed transshipments, and an agreement to this effect was developed by the parties. However, that agreement did not comport with the directives of the Appeal Board in Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2),
ALAB-410, 5 NRC 1398 (1977).
7 90 9 24 tF/ 6
. Consequently, thd* Staff has prepared the testimony without reference to specific routes or to other security related measures which Duke Power Company proposes to follow to meet the requirements of 10 CFR 573.37.
Sincere f
Ric ard K. Hoefling Counsel for NRC Staff
Enclosure:
As Stated cc (w/ encl.):
W. L. Porter, Esq.
Anthony Z. Roisman, Esq.
Shelley Blum, Esq.
J. Michael McGarry, III, Esq.
Richard P. Wilson, Esq.
Mr. Jesse L. Riley Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Panel Docketing and Service Section e
e S93029
-. _ -. -