ML19327B664
| ML19327B664 | |
| Person / Time | |
|---|---|
| Site: | 07000036 |
| Issue date: | 10/27/1989 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY, COALITION FOR THE ENVIRONMENT, ST.LOUIS REGION, MISSOURI, STATE OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#489-9368 89-593-01-MLA, LBP-89-25, LBP-89-31, MLA, NUDOCS 8911060036 | |
| Download: ML19327B664 (9) | |
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'89 - OCT 27 ' P3 :48 UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION l.
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ATOMIC SAFETY AND LICENSING.30ARD PANEL
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L Before Administrative Judge:
SERVEcOCT 2 7 1989-l Charles Bechhoefer i
5 In the Matter of Docket No. 70-36-MLA e
. COMBUSTION ENGINEERING, INC.
ASLBP No. 89-593-01-MLA (Hematite Fuel' Fabrication Facility, Special Nuclear October 27, 1989 Materials License No. ShT-33)
'e PREHEARING CONFERENCE ORDER (Settlement'Acreement and Termination of Proceedina)
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This proceeding involves a proposed amendment to the materials license of Combustion Enginaering, Inc.
(Applicant), to authorize the Applicant to operate new pellet production lines at its facility in Hematite, c'
The undersigned has been designated Presiding Officer.1 Parties to the proceeding, which is being cunducted under 10 C.F.R.
Subpart L, the Commission's Informal Hearing Procedures for Adjudications in Materials Licensing Proceedings, are the Applicant and three Intervenors:
State Senator Jeremiah W.
(Jay) Nixon, 154 Fed. Retg. 31749 (August 1, 1989).
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- Ms._ Martha T. Dodson, and Ms. Karen Sisk.2 The Coalition d
for the Environment had also sought admission to the P
proceeding; ruling on its petition had been deferred.3 On October 25, 1989, the Presiding Officer conducted a
.prehearing conference in Hillsboro, Missouri.'
c Participating parties at the conference were the Applicant, Senator Nixon, and Ms.'Dodson.
At the conference, the partici.pating' parties-agreed to a settlement designed to terminate the proceeding, subject to specified conditions.
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i 2By letter dated August 3, 1989, the NRC Staff, as permitted by 10 C.F.R.
S 2.1213, declined to participate in the proceeding.
The Staff responded satisfactorily to certain questions which I posed to it.
3Rulings on various intervention petitions appear in Memorandum and Order (Requests for a Hearing), LBP-89-23, 30 NRC (August 18, 1989), and in Memorandum and Order
.(Additional Intervention Petitions, Issues and Schedules),
LBP-89-25, 30 NRC (September 25, 1989).
'On the' prior evening, October 24, 1989, the Presiding Officer heard limited appearance statements from members of the public, as authorized by 10 C.F.R. S 2.1211(a).
The conference and limited appearance session were each announced in LBP-89-25, supra, n.3.
Notice of the conference end limited appearance session, dated j
September 26, 1989, was published at 54 Fed. Reg. 40543 (October 2, 1989).
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The text of the agreement is set forth as an Appendix to this Order.5' In LBp-89-25, suora, I had directed the I,.tervenors and petitioner tn file statements of proposed ~ issues that they wished to litigate.
Senator Nixon and Ms. Dodson filed statsments which together included nine issues.
By letter u
dated October 19, 1989, the Coalition stated that it was withdrawing its intervention petition.
Ms. Sisk neither c
filed a statement of proposed issues nor appeared at the prehesring conference.
In LBP-89-25, aupra, I urged the parties to attempt to settle the outstanding issues.
I suggested the prehearing conference as an appropriate medium for conferring on settlement.
The agreement presented to me at the conference represents a fruitful outcome of this effart.
The participating parties each agreed that, subject to my approval of the stipulation, the proceeding should he terminated.
Tr. 54 (Applicant); Tr. 53 (Sen. Nixon); Tr. 54 (Ms. Dodson).
5The Appendix consists of a retyped version of the original, which included hand-written changes to a typewritten docunenc.
copies of the original are bound into the transcript, following the last page of each session (ff.
Tr. 37 and 55).
Pages of the October 25, 1989 transcript were initially numbered 1-18 but have been renumbered as Tr.
38-55, following consecutively the numbers of the October 24, 1989 session.
This Order refers to the renumbered transcript pages.
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As I stated at the conference, I am accepting the stipulation (Tr. 48-49, 54).
Its. terms are not inconsistent
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with NRC regulations and represent a fair settlement for the parties.
As I.also announced, I am accepting the withdrawal of the coalition for i,he Environment and am dismissing the petition of Ms. Sisk for failure to file a statement of i
issues or.to' appear at the conferencu (Tr. 49, 54).'
E Finally, the questions which I posed to the Applicant and Staff in LBP-89-25, concerning' criticality standards.
t inherent in certain of the concerns expressed by the initial intervention petitions, were satisfactorily answered.
During the limited appearance session, I asked for a report at the prehearing conference concerning the Applicant's plans for conforming to the commission's regulations on offsite emergency planning, which go into effect next year but, to some extent, were inherent in the relief sought by certain of the Intervenors' issues (Tr. 19).
After receiving tb% proposed stipulation, I made no further inquiry on this question, inasmuch as the terms of the
- The Applicant advised that it had unsuccessfully attempted to contact Ms. Sisk concerning issues which she wished te raise (Tr. 41).
I previously had ascertained by telephone that the date for the conference was convenient for Ms. Sisk (as well as for the other participants).
When Ms. Sisk filed no statement of issues, I again sought to contact Ms. Sisk to ascertain her continuing interest in the proceeding but was unable to reach her.
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stipulated agreement appear to respond to the Intervenors' concerns in this regard.
Accordingly, on the basis of the foregoing, it is, this i
27th day of October, 1989 f
ORDERED:
1..
The stipulation c: Senator Jeremiah W.
(Jay) Nixon,
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Ms. Martha T.
Dodson and the Applicant, as set forth in the Appendix tn this Order, is approved.
2.
The withdrawal of the intervention petitions of Senator Jeremiah W.
(Jay) Nixon and Ms. Martha T.
Dodson is' H
approved,. subject to the terms of the above-referenced l
L stipulation.
3.
The requested withdrawal of the petition of th'e 1
Coalition ~for the Environment is aranted.
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4.
The interventjon petition of Ms. Karen Sisk is dismistad for failure of Ms. Sisk to have filed a statement of issues or to have participated at the prehearing conference.
5.
This proceeding is terminated.
6.
Pursuant to 10 C.F.R.
$ 2.1251, this Order is effective immediately and vill constitute the final action of the Commission thirty (30) days after the date of its irsuance unless an appeal is taken in accordance with 10 C.F.R. S 2.1253.
As set forth in 10 C.F.R. SS 2.1253 and 2.762, any party may file an appeal from this Order within a
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I 10 days of ser / ice hereof.
Appeals are-to be filed with the f
Atomic Safety and Licensing Appeal Board and'must conform to y
the standards set'forth in 10 C.F.R. 52.762.
4 charles Bechhoefer Presiding Officer.
ADMINISTRATIVE JUDGE
- Bethesda, Maryland October 27, 1989 F
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APPENDIX 4,
Joint Sticulation Amona Combustion Enaineerina. Inc.,
Sen. Jeremiah W.
(Jav) Nixon. and Mrs. Martha Dodson 1..
.The amendment does not authorize an increase in the I
limitations on quantities of radioactive material authorized on site.
2.
The amendment will not authorize an increase in
- I que.ntities of uranium product transported to and from tho' site by Combustion Engineering.
3.
Combustion Engineering's intention is to.ranove. low level radioactive waste produced by the pelletizing operations under the amendment from the site for
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disposal at an approved off-site facility, as reasonably available.
Except for high efficiency filters.(used to remove uranium from-exhaust air),
Combustion' Engineering does'not anticipate any significant increases in the quantity:of low level radioactive waste'from this amendment.
l-l 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 assurance of the availaoility of funds for decommissioning than under the NRC's practiceo in 1979.
S.
Upon approval 'y the NRC, Combustion Engineering will L
provide an + &'ic..onal remote sampling site.
In the p
unlikely evont of releases of radioactive material in l
excess of license action levels", Combustion Engineering will perform radiation surveys, including, au appropriate, off-site surveys.
6.
In the event of an off-site release--similar or more severe than that which occurred in August 1989--
Combustion Engineering will notify, as appropriate, off-site response organizations.
7.
Combustion Engineering will continue to work'with the NRC to meet the NRC's regulatory requirements concerning the evaporation ponds.
This Joint Stipulation will become effective upon the Presiding Officer's approval of the withdrawal of the petitions of Senator Mixon and Mrs. Dodson and the termination of the NRC proceedings.
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UNITED STATES OF AMERICA NUCLEAR RE6ULATORY COMMISSION i
in ths. Matter of I-I
' COMBUST 19N ENGINEERINS, INC.
I Docket No.(s) 70-36-MLA I
j (Hematite Fuel' Fabrication Facility I
License No. SNM-33)
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CERTIFICATE OF SERVICE 1
I hereby certify that copies of the foregoing LB PREHEARING CONF. URDER have been served upon the following persons by U.S. asil, first class, except I
as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
1
' Atomic Safety and Licensing Appeal Atomic Saf ety and Licenstr o Appeal Board.
Board j
l' U.S. Nuclear Reoulatory Commission U.S. Nuclear Regulatory Commission 1
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Washington, DC 20555 t;ashington, DC 20555 I
l-1 Administrativ Judge Administrative Judge l:
Charte.
Bechhoefer Jerry R. Kline j
Atomic Safety and Licensing Board Atomic Safety and Licensing Boats i
l-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l,
Washington, DC 20555 Washington, DC 20555 j
Michael A. Bauser, Esquire C5fice of the General Counsel Newman & Holtringer, P.C.
g U.S. Nuclear Regulatory Commission 1615 L ftreiet, NW Washington, DC 20555 Washington, DC 20036 Missouri State Senator Jeremiah W.
(Jay) Ntwon j
?2nd District Martha Dodson L
Room 429 412 Mississippi State Capitol Crystal City, MO 63019 Jefferson City, MO 65101 Arlene Sandler President Karen Sisk Coalition for the Fnvironment i
1123 Wolf Holson Road St. Louis Chapter laperial, MD 63052 6267 Delmar Eculevard St. Louis, MD 63130 l '.
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Docket Nof(s)70-36-MLA' f
L9cPREHEARINS. CONF. ORDER C
Dated at Rockville. Md.'this-
- 27. day of October 1989
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