ML20041G459

Prehearing Conference Memorandum Re Steps Necessary to Conclude Hearing Due to ALAB-664.ASLB Cannot Resolve Need for Evidentiary Hearing Issue Unless & Until Petitioners Admitted as Party Intervenors.Certificate of Svc Encl

ML20041G459
Person / Time
Site:	Browns Ferry
Issue date:	03/15/1982
From:	Burger J, Laroche W, Sanger H, Wallace L TENNESSEE VALLEY AUTHORITY
To:
References
ALAB-664, ISSUANCES-OLA, NUDOCS 8203220334
Download: ML20041G459 (6)

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, UNITED STATES OF AMERICA 02 E lO NO M2 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the flatter of )

) Docket Nos. 50-259 OLA TENNESSEE VALLEY AUTHORITY ) 50-260 OLA

) 50-296 OLA (Browns Ferry Nuclear Plant, ) (Low-Level Radioactive Units 1, 2, and 3) ) Waste Storage Facility)

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C RECEIVED 9 TENNESSEE VALLEY AUTHORITY'S PREHEARING CONFERENCE MEMORANDUM b

MARr919825 i)

It sarnIwxm menu E tam 88 The Atomic Safety and Licensing Board (Board) has asked

'b d. Reg. 8274 (1982)) what procedural steps are necessary to

= conclude this proceeding in light of In re Tennessee Valley Authority (Browns Ferry Nuclear Plant, Units 1, 2, and 3), ALAB-664, 15 NRC (January 6, 1982). This memorandum outlines the Tennessee Valley Authority's (TVA's) views in this regard.1 The Commission's regulations, as well as ALAB-664, clearly dictate how this matter should proceed. The Board must first determine petitioners' standing (ALAB-664, slip op. at 6 n.6) and whether petitioners have alleged one adequate contention pursuant to 10 C.F.R.

$ 2.714 (1981) (see ALAB-664, slip op. at 20-21). In ALAB-664 the m x 1 This matter is still subject to review by the Commission and possible further appeal. TVA's views therefore are provided only for purposes of the prehearing conference and are not intended as an accession in any way to ALAB-664.  %

8203220334 820315 60l PDR ADOCK 05000259 g PDR

Appeal Board directs the Board to await the NRC staff's environmental evaluation and any TVA comment on options before acting on these matters. The critical item to proceeding expeditiously, therefore, is the timely receipt of the staff's evaluation.

ALAB-664 does not adjudge the ultimate merits of the inter-vention requests or the need for future hearings.2 It merely vacates the Board's prior prehearing conference memorandum and order in In re Tennessee Valley Authority (Browns Ferry Nuclear Plant), LBP-81-40, 14 NRC 828 (1981) (see ALAB-664, slip op. at 20-21). The Board cannot resolve the need for an evidentiary hearing unless and until it admits petitioners as party-intervenors (see, e.g. , In re Gulf States Utils. Co. (River Bend Station, Units 1 and 2), ALAB-183, 7 AEC 222, 226 n.10 (1974); In re Consolidated Edison Co. of New York

, (Indian Point Nuclear Generating Unit 3), CLI-74-28, 8 AEC 7 (1974)).3 The table below provides TVA's suggestion for a time schedule to reach a Board decision on the petitions to intervene, once the NRC staff completes its critical environmental document.

2 The Appeal Board did hold that the NRC could properly segment its review of TVA's proposals (ALAB-664, slip op. at 18-19). Thus the existence or scope of any TVA long-term low-level radioactive waste management plan is irrelevant in any further considerations.

3 Similarly, petitioners may not use the discovery provisions of 10 C.F.R. $ 2.740 (1981) unless and until they are admitted as parties.

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1 Day Item 0 Staff evaluation served on TVA and petitioners 14 Petitioners file recast contentions (if any) 28 TVA comment on options /TVA response to contentions 33 NRC response to contentions 40 Petitioners reply to NRC and TVA 54 Board decision on petitions to intervene ALAB-664 indicates what subjects the NRC staff's environmental evaluation should cover (ALAB-664, slip op. at 19-20), but at no place approves any particular contention. Thus the Board must appraise the present contentions, as well as any recast contentions, admitting

, only those that in a relevant, precise, factual way (1) address how 5-year storage inevitably leads to volume reduction or (2) indicate those issues on volume reduction that cannot be addressed in later i

i 4 All service is to be by express mail or personal service.

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a proceedings (should TVA propose some type of volume reduction plan)

(ALAB-664, slip op. at 21).

t Respectfully submitted,

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Herbert S. S' anger,7Jp

, General Counsel Tennessee Valley Authority Knoxville, Tennessee 37902 Telephone No. 615-632-2241 FTS No. 856-2241

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LLUxel Lewis E. Wallace Deputy General Counsel

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W. Walter LaRoche Attorneys for Applicant Tennessee Valley Authority

! Knoxville, Tennessee i March 15- , 1982 1

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Nuclear Regulatory Commission In the Matter of )

) ) Docket Nos. 50-259 OLA TENNESSEE VALLEY AUTHORITY ) 50-260 OLA

) 50-296 OLA (Browns Ferry Nuclear Plant, ) (Low-Level Radioactive Units 1, 2, and 3) ) Waste Storage Facility)

CERTIFICATE OF SERVICE I hereby certify that I have served the original and two conformed copies of the following document on the Nuclear Regulatory Commission by depositing them in the United States mail, postage

prepaid and addressed to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention

Docketing and Service Section:

l Tennessee Valley Authority's Prehearing Conference Memorandum and that I have served a copy of the above document upon the persons listed below by depositing them in the United States mail, postage prepaid and addressed:

John H. Frye III, Esq. Stephen J. Eilperin, Chairman Administrative Judge and Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i

Washington, DC 20555 Washington, DC 20555 4

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Mrs. Elizabeth B. Johnson, Dr. John H. Buck Administrative Judge Atomic Safety and Licensing Oak Ridge National Laboratory Appeal Board P.O. Box X U.S. Nuclear Regulatory Commission Building 3500 Washington, DC 20555 Oak Ridge, Tennessee 37830 Mr. Gary J. Edles Dr. Quentin J. Stober, Atomic Safety and Licensing Administrative Judge Appeal Board Fisheries Research Institute U.S. Nuclear Regulatory Commission University of Washington Washington, DC 20555 Seattle, Washington 98195 Robert B. Pyle, Esq.

Richard J. Rawson, Esq. Suite 9, Oakwood Center Office of the Executive 4783 Highway 58 North Legal Director P.O. Box 16160 U.S. Nuclear Regulatory Commission Chattanooga, Tennessee 37416 Washington, DC 20555 This g day of March,1982.

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// tWs/h. e W. Valter LaRoche' Attorney for Applicant Tennessee Valley Authority a

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