ML20040C986

Memorandum Opposing Applicants' Request for Exemption from Regular Licensing Procedures.Rules Are Important Safeguard to Ensure All Relevant Factors Fairly Considered.Due Process Should Not Be Watered Down.W/Certificate of Svc

ML20040C986
Person / Time
Site:	Clinch River
Issue date:	01/15/1982
From:	Leech W TENNESSEE, STATE OF
To:	NRC COMMISSION (OCM)
References
ISSUANCES-E, NUDOCS 8201290441
Download: ML20040C986 (7)

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-- . 3 BEFORE THE UNITED STATES OF AMERICA ,02 S! 20 N:ra '

NUCLEAR REGULATORY COMMISSION ..

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.In the Matter of ] -

1 UNITED STATES DEPARTMENT OF ENERGY ]

PROJECT MANAGEMENT CORPORATION ] Docket No. 50-537-

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l TENNESSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor Plant) )

W s MEMORANDUM IN OPPOSITION TO APPLICANTS' REQ .

g FOR EXEMPTION UNDER 10 C.F.R. S 50.12 3 RECEIVED l - - -

r' u, The Department of Energy, the Tennessee V)llepN M MM y ' -

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Authority,.-and Project Management Corporation have. ed#$ ~W the Commission for an exemption from regular NRC proc

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c) in order to begin site preparation for the Clinch River Breeder Reactor project before a construction permit has been issued....

In accordance with the schedule established in the Commission's order of December 24, 1981, the Attorney General of the State of Tennessee submits the following comments on the applicants' request.

The Attornay General opposes the grant of an exemption under 10 C.F.R. S 50.12 from normal licensing procedures. The regular procedures of the Commission carry out the legislative mandate of the National Environmental Policy Act of 1969, 42 U.S.C. SS 4321 et sec. and the Atomic Energy Act of 1954. as QSOS i &I 8201290441 820115 PDR ADOCK 05000537 G PDR

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amended, 42 U.S.C. SS 2011, et seg., to protect human health, the environment, and public security. The procedures are an important safeguard for ensuring that all relevant factors are fairly considered and no single interest group exerts undue influence over a decision which will affect the general public.

The Commission should not water down due process in a hasty effort to reduce the applicants' construction costs.

Licensing procedures necessarily take time and in most cases

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' construction costs will rise while the procedures are carried _ ._

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out. Nevertheless, Congress has determined that the need for advance consideration of a project's effects and advisability outweighs an applicant's desire to build immediately. Nothing in the present situation would justify a deviation from these i sound principles. Since the reactor is a long-term experimental l

l project, and will not generate large amounts of power for imme-diate consumprion, the reasons for granting an exemption are not as strong as in the usual case.

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There are a number of specific dangers associated with l granting an exemption from normal procedures. Once millions of dollars have been poured into site preparation work, the size of the financial commitment alone becomes a justification for further construction of the project. The Attorney General is concerned

that such a large financial commitment will later be used to give l

undue weight to economic factors, and to sweep aside other major l

issues. Such issues include whether the project should be constructed in light of its costs and benefits, what design is most appropriate to meeting the goals of the project, what the

environmental and socioeconomic impacts of the project may be, -

and how these effects can be mitigated.

In addition, the Attorney General believes that, in the long run', following regular precedures now will serve to expedite rather than delay the ultimate licensing decisions on the project. If regular procedures are bypassed, the risk that legal challenges will delay the project later is greatly increased.

The normal procedures should be relied upon as a viable mechanism to ensure that all applicable legal requirements are met.

The Attorney General agrees with the applicants that regular licensing procedures should be pursued as expeditiously as possible. However, the effort to move forward expeditiously should not be used to circumvent a full hearing of divergent-views before a substantial economic commitment to the project is made, as contemplated in 10 C.F.R. S 50.10 and 10 C.F.R. Part 51.

In urging adhwrence to established procedures, the Attorney General in no way expresses an opinion either in favor of, or in opposition to, the project itself. The Attorney General simply believes that the public interest will best be served by full development of. issues under established procedures, and that no extraordinary countervailing considerations exist which would warrant an exemption under 10 C.F.R. S 50.12.

Respectfully submitted, f

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, William M. Leech, Jr.

- Attorney General State of Tennessee

l CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been forwarded to all parties listed on the attached Distribution List, this the /fr/ day of January, 1982.

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LEE BRECKENRIDGE /

Assistant Attorney Gen 16ral . ._

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DISTRIBUTION LIST wf -

The Honorable Nunzio J. Palladino Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 The Honorable Peter Bradford Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 The Honorable Victor Gilinsky Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 The Honorable John F. Ahearne Commissioner U.S. Nuclear Regulatory Commission The Honorable Thomas F. Roberts Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20545 Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20545 Leonard Bickwit Esquire Office of General Counsel U.S. Nuclear Regulatory Commission <

Washington, D.0. 20545 Daniel Swanson, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20545

DISTRIBUTION LIST continued Stuart Trebey, Esquire Office of Executivs Legal Director ,

U.S. Nuclear Regulatory Commission Washington, D.C. 20545 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20545 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20545 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20545 (3 copies)

R. Tenney Johnson, Esquire Leon Silverstren, Esquire Michael D. Oldax, Esquire L. Dow Davis, Esquire Office of General Counsel U.S. Department of Energy Washington, D.C. 20585 George L. Edgar, Esquire Morgon, Lewis & Bockius 1800 M Street, N.W.

Washington, D.C. 20036

. Dr. Cadet H. Hand, Jr.

( Director l Bodega Marine Laboratory University of California Post Offics Box 247 Bodega Bay, California 94923 Herbert S. Sanger, Jr., Esquire General Counsel Tennessee Valley Authority Knoxville, Tennessee 37902 Lovis E. Wallace, Esquire Division of Law Tennessee Valley Authority l

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DISTRIBUTION LIST continued __

Lawson McGhee Public Library 500 West Church Street '

Knoxvills, Tannessee 37902 Luther M. Reed, Esquire Attorney for the City of Oak Ridge 253 Main Street, East Oak Ridge, Tennessee 37830 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37820 Mr. Joe H. Walker 401 Roane Street Harriman, Tennessea 37748 Barbara A. Finamore S. Jacob Scherr Ellyn R. Weiss Dr. Thomas B. Cochran National Resources Defense Council, Inc.

1725 I Street, N.W.

Suite 600 Washington, D.C. 20006 Raymond L. Copeland Project Management Corporation Post Office Box U Oak Ridge, Tennessee 37830 l L. Ribb LNR Associates Nuclear Power Safety Consultants 8605 Grimbsy Court Potomac, Maryland 20854 Eldon V.C. Greenberg, Esquire Tuttle & Taylor W shi.gton D C. bb36 Commissioner James Cotham Tennessee Department of Economic and Community Development l

Andrew Jackson Building, Suite 1007 Nashville, Tennessee 37219 l

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