ML19325E077
| ML19325E077 | |
| Person / Time | |
|---|---|
| Site: | 07000036 |
| Issue date: | 10/25/1989 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#489-9411 MLA, NUDOCS 8911010149 | |
| Download: ML19325E077 (21) | |
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l OFFICIALTRANSCRIFT OF PROCEEDINGS i
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Nuclear Regulatory. Commission i
i Combustion Engineering, Inc.,
Title:
Hematite Fuel Fabrication Facility License No. SNH-33 7
~36-"'A Docket No.
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' illsboro, Mi ssouri LOCARON:
Wednesday, October 25, 1989 PAGEs: '38 - 55 ogg t
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N RILEY.& ASSOCIATES, LTD.
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'1 1612 K St. N.W, Suite 300 i
.'8911010149 891C25 Mahington, D.C 20006
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ADOCK 070 6
(202) 293-3950 C JDR
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1 UNITED STATES OF AMERICA i
2 NUCLEAR REGULATORY COMMISSION
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4 In the matter of:
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COMBUSTION ENGINEERING, INC.,
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6 Hematite Fuel Fabrication Docket No. 70-36-MLA 7
Facility License No. SNM-33 I
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Wednesday, October 25,'1989 10 Viking Room 11 Student Center 12 Jefferson College
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13 Hillsboro, Missouri t\\--
14 The above-entitled matter came on.for pre-hearing 15 conference, pursuant to notice, at 10:18 o' clock, a.m.
1 16 BEFORE:
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i 17 CHAhLES BECHHOEFER, ADMINISTRATIVE LAW JUDGE 18 l
19 ALSO PRESENT:
V 20
.i 21 DR. JERRY KLINE, ?.DMINISTRATIVE LAW JUDGE 22 U.S. Nuclear Regulatory Commission 23 24 e
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APPEARANCES:
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On behalf of the Applicant:
4 5
NEWMAN AND HOLTZINGER 6
BY:- MICHAEL A.
BAUSER, ESQUIRE 7
MAURICE.AXELRAD, ESQUIRE 8
1615'L Street, N.W.
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Washington, D.C.
20036 10 11 On behalf of the Intervenors:
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13 STATE SENATOR JEREMIAH W. NIXON.
14 MOLLY MOORE, STAFF ASSISTANT 15 Room 429 16 State Capitol 17 Jefferson City, Missouri 65101 i
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19 MARTHA DODSON 20 412 Mississippi Avenue j
21 Crystal City, Missouri 63019-22 i
23 24 25 a
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1 PROCEEDINGS i
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3 JUDGE BECHHOEFER:
Good morning, ladies and 4
ger.tlemen.
We're starting a little lato this morning.
At my 5
encouragement, the parties have been meeting to.try to settle 6
their differences and we've been delayed'for-that reason.
Just 7
to have the formal record reflect who's participating,.could 8
the -- well first, my name is Charles Bechhoefer, and-I'm the 9
presiding officer.
10 At my left is Dr. Jerry Kline, who's an environmental ~
i 11 scientist and is assisting me with the ist.ues in this case.
12 Could the parties now identify,themselvea.
Mr. Bauser or' 13 Axelrad or both?
s 14 MR. BAUSER:
Good morning Judge Bechhoefer, Judge j
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15 Kline.
My name is Michael Bauser.
I'm with the Washington, i
.16 D.C.
law firm of Nawman and Holtzin(_r, and with me this l
17 morning is Mr. Maurice Axelrad, also of tha't firm.
18 JUDGE bECHHOEFER:
Senator Nixon?
19 MR. NIXON:
Good morning, Your Honor.
My name is Jay L
20 Nixon, state senator representing this district and also an 21 individual and party in this matter' and reside in Hillsboro, 22 Missouri.
This is my staff assistant, Molly Moore, who's here 23 assisting me this morning.
24 JUDGE BECHHOEFER:
Ms. Dodson?
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_ 25 MS. DODSON:
I'm Martha Dodson from Crystal City.
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1 JUDGE BECHHOEFER:
I would like to inquire for the
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2 record has anyone seen Mrs. Sisk, who's also an intervenor?
3 MR. BAUSER:
Judge Bechhoefer, we have not seen Mrs.
4 Sisk.
We have been attempting to reach her since the beginning-5 of last week.
The last time I chiled, I left a message 6
concerning the meeting that we held yesterday to attempt 7
settlement among the parties.
I left that message on her 8
answering machine, but as I say, we have not encountered her in 9
the last week or more.
I 10 MR. NIXON:
For the record, Your Honor, I have -.
11 this Jay Nixon again -- I have not talked orally with her.
She 12 did receive, or at least was sent from my office, a letter 11 indicating the time and the meeting place, of both last night's b._
14 meeting as well as today's, as well as other correspondence 15 from me.
16 I have received nothing back from her and no phone 17 calls or other correspondence that I'm aware of.-
I have no i
l 18 knowledge as to here whereabouts now.
i 19 JUDGE BECHHOEFER:
Well, I might say I have tried to 20 reach her as well, and have not been able to do so.
Mrs. Sisk' 21 did not submit any statements of issues or anything like that.-
22 She presumably received notice that she should do.. hat.
So we c
23 will have to proceed without her.
Is there a spokesman'for l
24 what went on this morning O(,)25 Ma..AxEtaAD:
Judge Bechhoefer, as you are aware, we 1
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1 have spent a good part of last evening and this morning I~
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2 conferring with Senator Nixon and Mrs. Dodson.
We did so in l
3 response to your encouragement and your order that the parties i
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attempt to sell the issues among them, consistent with NRC 5
policy encouraging the settlement of issues among partic.s.
6 The discussions were very successful.
The parties 7
discussed the matters that were of concern to Senator Nixon.and i
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to Mrs. Dodson.
We have been able to reach agreement on a l
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joint stipulation, and I will hand that up to you and to the 10 Court Reporter, and the stipulation recites several agreements I
11 that have been entered among the parties, and provides they 12 will become effective upon the presiding officer's approval of 13 the withdrawal of the petition of Senator Nixon and Mrs. Dodson
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14 and upon the termination of these proceedings.
At this point, I will hand that up, but the -- I'm 15 l
l 16 sure Senator Nixon and Mrs. Dodson will want to raks a 17 statement.
18
[ Joint stipulation document handed to the ALJ.]
19 MR. AXELRAD:
Your Honor, I'd like to make one i
20 additional very brief statement, because I'd like to make sure 21 that this is undetstood also.
A number of the matters 22 addressed in the joint stipulation are matters which, in the
'^ering, are not matters which would 23 view of Combutt
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24 necessarily ci prio 4 ~ y be part of this hearing if the O ).25 I
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1 What we have tried to do in the stipulation is to 1
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address the real concerns of Senator Nixon and Mrs. Dodson, and 3
therefore we've been willing in the spirit of accommodation, to
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4 deal with those matters in the stipulation.
That's why those 5
matters are in there.
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MR. NIXON:
If I may, Your Honor.
I would further 7
mirror counsel's statement along those areas.
The agreement is
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a much broader agreement than the mere specific legal issues 9
addressed concerning the additional pellet line. application in l
10 this situation, and I both thank and applaud both counsel as-11 well as those members who have represented Combustion 12 Engineering to myself and Mrs. Dodson in this matter, for being 13 willing to broaden their discussions and broaden the 14 stipulation to cover issues outside the rather narrow' scope of r
15 the framework of the legal issues involved in this matter.
16
~[ Pause.]
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17 JUDGE BECHHOEFER:
I have two questions about two of l
18 the terms.
I don't have any problems with them, but actually j
19 both of them relate to Condition 6.
First, I wondered whether 20 the parties had any agreement on who or what the off-site l
21 response organizations will be.
22 MR. NIXON:
Our discussions included.'.ocal emergency l
23 police, sheriff, fire authorities.
24 JUDGE BECHHOEFER:
I see, but you do not intend to
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2 5 designate any here, I take it?
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l MR. NIXON:
It was not our intent'to designate, for i
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2 fear of limitation or ordering in a rather what could --
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3 potentially assuming problems which we hope never. occur, be a 4
rather important and quick time for other action'and we did not 5
want to hold them to that, but merely indicate that those off-i 6
site, local was the key for us, energency folks should be 7
identified.
8 I'm not adverse to including it.
I don't'know what i
9 the position of the others are.
But it was discussed and then 10 left in that open fashion.
I don't know if -- Mr. Axelrad, do 11 you have anything you would like to add to that?
12 JUDGE BECHHOEFER:
Yes.
My other question about the 13 same provision is, is that effective upon approval of this g
\\s-14 stipulation, rather than upon the effectiveness of the NRC r
i 15 regulations, which cover that11n more detail, which is next 16 April I believe.
17 MR. AXELPAD:
This is uffective upon the approval of l
18 the stipulation.
19 JUDGE BECHHOEFER:
So it's unlike decommissioning, l
j 20 one which is effective when the Commission's rules go into 21
%ffect.
22 MR. AXELRAD:
Yes.
1 23 JUDGE BECHHOEFER:
Okay.
24 MR. NIXON:
Yes.
It's our understanding, Your Honor,
)25 that this would be upon approval of the stipulation, and then c
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I withdrawal of petitionc, that this would be an immediate --
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JUDGE BECHHOEFER:
Right, right.
3 MR. NIXON:
And I don't mean to'say by that that we 1
4 spent the last two hours or four hours last night with 5
Combustion Engineering consistently fighting that particular.
6 provision.. We have had some difficulty with probably too acny i
7 lawyers in the room trying to come up with exact language we 8
could all agree to, but --
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JUDGE BECHHOEFER:
No.
I was asking the question for 10 clarification rather than for anything else.
Judge Kline would 1
11 like to ask a question.
12 JUDGE KLINE: 'Yes.
I have one question on 13 paragraph 5.
The first sentence refers to an agreement by l
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15 site.
I would just wonder if the parties could clarify what l
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" additional remote sampling site means" and make sure'that --
17 it seems to me vague at the moment, but --
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18 MR. AXELRAD:
Right.
Well, there were two remote 19 sampling sites which are maintained by Combustion Engineering 20 right now.
We have indicated to the NRC that we would propcse.
21 to add a third one.
They are reviewing that subject, including l
22 where the locction of that additional sampling site would be, i
23 As soon.as we get the NRC's approval of the location, we will i
L 24 install it.
25 MR. NIXON:
If I mighc further amplify and if I say
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anything that's improper, let me know.
In our aiscussice.s and i
2 I believe in some of the things that have provided the NRC by l
3-Combustion to date, it is their intention of this additional.
4 off-site sampling site, monitoring sampling cite, to be i
5 generally.in the east-northeast region from the plant, which is 6
2crt of the general area of where the prevailing winds go.
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That is, the calculations and the determinations that S
they're attempting to make and work through is that working 9
with the NRC, it's their intention to try to put this site at a-10 place where the generally-prevailing winds go.
11 MR. AXELRAD:
I might. just say one thing though.
12 Senator Nixon used the term "off-site."
This is a remote 13 monitoring station.
It's not at the plant, but it's within --
O14 I believe within the site boundaries but you know, off.in that 15 direction.
So it's not, quote "off-site."
It's remote.
l 16 JUC3E KLINE:
I understand that.
This stipulation 17 was not intended then to specify the location of that site now; la is that right?
l 19 MR. AXELRAD:
No.
That is something that the NRC is 1
20 going to have to approve.
21 JUDGE KLINE:
And I understand that the parties have i
22 agreed to accept whatever ;IRC finally approves?
Is that the 23 intent?
24 MR. NIXON:
I don't know that anybody here is willing
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next' day.
It is our fervent hope that the additional expertise
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that the NRC can provide in these areas will make sure that 2
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this remote campling site is in an area that's the best place t
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to put it.
It's my assumption that through the work of the NRC 5
and Combustion, it's to everyone's best interest that it be at 6
that place and we have seen nothing, I have scen nothing, I 7
don't think, from Ms. Dodson.
8 But I hava seen nothing to indicate that anyone,.be 9
it the NRC or Combustion, has a desire to put it any place 10 except what would be the most valuable place generally as far 11 as the wind direction, as far as the remote. site in that area.
i 12 But we would -- I would at this point, you know, it's 13 my assu aption the NRC will work closely with them to choose 14 that best site, butit's--youknow,'ifforsomesthange k_f 15 reason some other arm of the NRC decides that tris remote 16 sampling site should be in West Memphis, it wil. ba hard for me i
17 to say I'm going to hold' mute and sit quietly cn tuat.
l 2.6 But I have had no -- I have no be31e1 as we sit here 1
19 right now and no fear and no misunderstanding and no 1
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20 intrepidation whatsoever about the NRC and Combustion being 21 able to come up Nith what is both the best and the most 1
22 applicable site.
l 23 JUDGE KLIN.E:
Well, I'm just trying to assure that f
21 this language actually resel eer the controversy, and I i
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but presuming good faith, the language as written does resolve j
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the controversy.
3 MR. NIXON:
We are excited.
I am excited about the I
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4 forthrightness and the willingness for Combustion,to expend i
5 additional resources of theirs, to spend additional dollars for l
6 addi.tional monitoring devices.because of the procedure we'ra l
7 here with is one'of the -- we are all happy with that.
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JUDGE KLINE:
Okay.
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JUDGE BECHHOEFER:
And
.T. might add we would not have 10 before us -- whether or not we even'had jurisdiction to do it, 12 we would not have before us an adequate record to pinpoint'and i
i 12 say the best spot is here.
So we would.not try to do that.
-We 13 would leave that to the NRC Staff, \\:hich has the resourcas to
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15 I believe that I could accept this, if you would 16 wish, right now as long as the ?arties -- it isn't signed, but 17 as long as tise parties put on the record that they do accept 18 it, and I could accept it, make it effective immediately, 19 because I would.also --
20 MR. AXELRAD:
Do you think this could be made an 21 attachment to the transcript, an exhibit, and I think each 22 party could stipulate that they would agree to a joint 23 stipulation.
24 JUDGE BECHHOEFFR:- Right.
Well, if they indicated on
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1 also have the record reflect that I would have to -- well, the t
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coalition has asked to be dismissed or to withdraw, and I would 3
accept that.
I do accept that.
4 Ms. Sink has not answered or filed issues or really 5
participated during the last several weeks, and I would propose 6
to dismiss her interventior, forilack of participction since she t
7 has not officially joined this stipulation.
If she still is a,
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8 party, Iiwould; dismiss her for faj. lure to' file various matters
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and appear here"or, request an exte.nsion of,some' sort.
I regret 10 if it she's ill, but I think the' appropriate a.ior would.be to 11 accept this and to dismiss the proceeding.
i 12 MR. NIXON:
Ycur Honor, if I might, at some point t
13 here, in a moment or two, if I could have an.opportun'ity1to
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14 make a statement concerning the stipulation, I would appreciate 15 that.
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16 JUDGE BECHMOEFER:
We'll do that right away.
17 MR. NIXON:
Okay.
Whenever.
I don't know when that 18 step might'be.
19 JUDGE BECHHOEFER:
Go ahead right now.
20 MR. NIXON:
Okay.
Jf 21 First, to reiterate, I would like to thank the NRC, a
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22 and the various staff members"that have been especially helpfuls
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24 understand uany of the problems, as wall as.providing --.since
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1 Commission and its various staff members have' travelled from
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2 Washington and Chicago and come down here, for both a public 3
meeting whicn was hold, as well as on-site investigations of 4
Combustion, as well as this proceeding, as well as last night's
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5 proceeding.
And for the citizens.of Js.fferson County that buy i
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my in A". dual standing as well as my Senate standing,- I would 7
like to thank you and the others who have been involved, as 8
well as Combustion Enoineering and their staff and their
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9 people, for the openness they have shown to me, and the 10 openness and the respect and cordiality with which they have 11 dealt with us on all of these issues.
12 Thac being said, I want to very quickly go through j
fn 13 and make a short statement here concerning the stipulation.
I 14 feel that but for the actions of Ms. Dodson and myself an.1
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15 others who have been active in this area, that many of the 16 things that are agreed to here would not have been agreed to i
17 because there wouldn't have been a forum'for them.
l 18 And I also agree with counsel for Combustion as wel?
l 19 as members of Combustion-that many of the things dealt with in 20 the stipulation are not those issues directly related to the' 21 pelletizing, and I am overjoyed and elated at their willingness l~
22 to open up our discussions and negotiations into af roaher ll b
23 arena than merely the narrow legal grounds with which we we$e d
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s 24 discussing some of the pelletizing' processes.
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25 That prefatory stuff being said, I'.will very quickl 3
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go through my remarks, which is, one, I think it's important 2
for the people of this area to understend that what is 3
happening here is, and the stipulation specifically reflects, 4
that no more product, no more uranium -- and that's not the 1
5 proper term -- no more product will be coming in, and no more 1
6 waste will be going out of the plant because of what's going on 7
here, and that Combustion Engineering's intention is to movo
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8 waste away from'thu Hematite facility as quickly and as 9
efficiently as possible, and it is not neithe't their desire nor 10 their intent to store additional waste on-site.
It is, in 11 fact, their desire to continue to move that to licensed low -
12 level radioactive waste facilities in other areas as quickly i
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14 And some statements that have been made concerning i
15 the ability to store waste there and the desire.to store waste, l
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-- there may have been some misstatements or inaccuracies in l
17 that, and I am convinced by their discussions and by their 18 statemento that they are going to continue their intention and 19 continue their process of moving >this wacte off the site as 20 efficiently as possible.
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I 21 Regarding paragraph four of the stipulation, we are 22 also excited that there will be additional financial assurances 9
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23' concerning decommissioning, and that combustion Engineering',.on 24 or before July 27th, 1990, with the new NRC regulat!1ons, sill i 7s
]+C) _) 2 5 be:providing greator independent assurance of'the availability
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1 of'these funds should decommissioning become necessary at any p
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time in the future.
3 I'm also, in paragraph five, extremely excited that.
4 the Combustion Engineering on their -- because of this process f
5 and others, they are willing to providing the additional remote 7
6 sampling sitn, and car discussions have been indicating th:t.
7 that would be downwind, generally downwind.
And I think that 8
is not only useful, but important, and will add greatly to the l
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ability of all in this area to discern whether or not there are 10 any problems, and get an immediate response should there-be
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12 We then turn to paren six, which deals with, and I 7-s think speaks for loudly for itself, and is cne of tne key 12 t
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14 issues, and one of the key issues that we discussed in great t
15 specificity, which is that in the event of an off-site release i
16 similar or more severe than the one which occurred in August, 17 Combustion Engineering will notify, as appropriate, the 18 emergency response folks, and I think that is a key in this 19 particular area, and also paren seven, dealing with the l
20 continuing regulatory requirements concerning the evaporation t
y 21 ponds generally behind our castward, and their continuing 22 afforts to work with theJNRC to alleviate whatever. problems may o
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23 be there.
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24 Generally, this effort made by all parties I think jq f 25 has reached an agreement which is to the great betterment of l'
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1 the people of not only Hematite, but also of Jefferson Cor.nty, i
2 and the areas, and also those folks who live in close proximity
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to the plant, I think are gaining dramatically under this.
And 4
I am excited and elated that cll parties have worked so diligently together to make sure that the citizens near that
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6 plant, e.s well as those of the Jofferson County, will'be f
7 receiving additional information, additional financial l
8 security, and additional sampling efforts that can bc of great-l 9
benei*it to all of us.
13 Also, the final point is under paren five, where it f
f 11 deals with the additional remote sampling site, combustion 12 Engineering is also agreeing to perform radiation surveys 13 including, as appropriate, off-site surveys, which I think is l
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14 another important step towards alleviating any potential. fears 15 that those residents in that area may have of problems.
And 16 this step, I think, is another fine step forward for all of us I
17 which will continue, hopefully, as years go by.to alleviate any f
18 misinformation or fears, and also to indicate if fears are 19 necessary, very quickly and efficiently and with the highest 20 level of technology and expertise that's currently out there.
21 I'm excited and happy and support the stipulation, 22 and then tnank all of the parties involved, and especially Ms.
23 Dodson for her unfailing efforts and inability to be bored by 1
24 reading regulations, and her continuing concern for the people y(\\\\f 25 of that area.
.It hun been an interesting and educational I
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i process, and I thank her and others for their help.
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2 JUDGE BECHHOEFER:
Ms. Dodson, do you have any sort N-3 of statemerit you wish to make, or did Senator Nivon say it all?
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MS. DODSON:
Senator Nixon has said it all.
I do j
5 thank you for coming.
I thank Senator Nixon for his 6
compliments.
I have nothing further to add.
7 MR. AXEIRAD:
I just have a couple of words.
f 8
JUDGE BECHHOEFER:
Yes.
l 9
MR. AXELRAD:
I would like to thank both Senator 10 Nixon and Ms. Dodson for their very cooperative attitude and-11 for their willingness to spend time with us until late last 12 night and this morning to achieve these agreements.
13 I would just add that, of course, the termr of the
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14 joint stipulation which is approved for the Board' speak for 5
15 themselves, and I will not comment on anything further than was 16 said in deacription of the provisions themselves.
I think that 17 this joint stipulation is representative of the agreement of 1
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he parties.
l 19 JUDGE BECHHOEFER:
All right. 'Well, I accept the 20 stipulation, as I have said.
I will approve the withdrawal of e
21 Senator Nixon and Ms. Dodson subject to this stipulation.
I' 22 will a'.so approve the requested zithdrawal lof the Coalition for 23 the Environmant, which I received several days ago,-and 24 finally, I will dismiss Ms. Sisk for not showing up and for not
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25 responding, not setting forth any issues.
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With that, the iroceeding will be terminated.
I will i
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issue an order recording thia, perhaps attaching a copy of the O
3 stipulation to it, or I may just refer to the place in the 4
transcript where it will appear.
5 Thank you.
6 (Whereupon, at 10:4'l a.m.,
the hearing concluded.)
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This is to certify that the attached proceed-ings before the United States Nuclear Regulatory Commission l
in the matter oft l
NAME OF PROCEEDING: Combustion Engineering, Inc...
Hematite Fuel Fabrication Facility :
DOCKET NUMBER:
70-36-MLA PLACE OF PROCEEDING:
Hillsboro, Missouri were held as herein' appears, and that this is I
the original transcript thereof,for the file of the United States Nuclear Regulatory Commission taken by me and~thereafter reduced to typewriting by me or under the direction of'the court. report-ing company, and that the transcript is a true and accurate record of the foregoing' proceedings.
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l JON HUNDLEY Official Reporter Ann Riley.& Associates, Ltd.
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4 Joint Stipulation Among Combustion Engineering, Inc.2
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Sen. Jeremiah W.
(Jav) Nixon. and Mrs. Martha Dodson
- 1. The amendment does not authorize an increase in the limitations on quantities of radioactive material auth-i orized on site.
- 2. The amendment will not authorize an increase in quan-tities of uranium product transportedVfrom the site by Combustion Engineering.
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- 3. Combustion Engineering's intention is to remove low level radioactive waste produced by the pelletizing op-erations under the amendment from the site for disposal at an approved off-site facility, as. reasonably available.
Except for high efficiency filters (used to remove ura-nium from exhaust air), Combustion Engineering does not anticipate any significant increases in the quantity of low level re.dioactive waste from this amendment.
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- 4. On or before July 27, 1990, Combustion Engineering will comply with the NRC's new regulations on funding decommissioning (10 C.F.R. 70.25).'These regulations provide greater' independent assuranceoof the availability of funds for decommissioning than under the NRC's prac-f-~
tices in 1979.
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- 5. Upon approval by the NRC, Combustion Engineering:
will provide an additional remote sampling site. In the unlikely event of releases of radioactive material in excess of license " action levels", Combustion Engineering.
will perform radiation surveys, including, as appropriate, off-site surveys.
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- 6. In the event ? a-si-tekemergency--is-declareth Combustion Engineering will notify, as appropriate, off-site response organizati.ons.
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- 7. Combustion Engineering will continue to work with the NRC to meet the NRC's regulatory requirements concerning the 7
evaporation ponds.
This Joint Stipulation will become effective upon the Presiding Officer's approval of the withdrawal of the-petitions of Senator Nixon and Mrs. Dodson and the termination of the NRC proceedings.
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