ML20054L832

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Notification & Recommendations Re Hearing Schedule. Certificate of Svc Encl
ML20054L832
Person / Time
Site: Clinch River
Issue date: 07/02/1982
From: Bergholz W, Edgar G
ENERGY, DEPT. OF, PROJECT MANAGEMENT CORP.
To:
References
NUDOCS 8207080516
Download: ML20054L832 (7)
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UNITED STATES DEPARTMENT OF ENERGY ) --

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PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537

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TENNESSEE VALLEY AUTHORITY )

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(Clinch River Breeder Reactor Plant) )

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APPLICANTS' NOTIFICATION AND RECOMMENDATIONS CONCERNING HEARING SCHEDULE The United States Department of Energy and Project Management Corporation, for themselves and on behalf of the Tennessee Valley Authority (the Applicants), hereby file this Notification and Recommendations Concerning Hearing Schedule.

1. On July 1, 1982, the Applicants filed a request with the Commissioners for authorization to conduct site l preparation activities pursuant to 10 C.F.R. 5 50.12. The Board and all parties were served with the request.
2. In the event that the 5 50.12 request is granted, the Applicants intend to seek a Limited Work Authorization (LWA)-2 pursuant to 10 C.F.R. 5 50.10(e)(3) . This request would l

l cover the facility foundation base mat and lower containment rings, and would be the subject of a detailed report describing the -

activities in question. This report will be submitted on or before August 9, 1982.

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3. Applicants note that the Staff's schedule for development of an LWA-2 SER, which was reflected in the Board's February 11, 1982 Prehearing Conference Order, is no longer current after the Commission's March 16, 1982 denial of the Applicants' November 30, 1981 Section 50.12 request and upon further progress by the parties on the LWA-1 hearing schedule.

Applicants believe that the Board's February 11, 1982 Prehearing Conference Order, which initially established a schedule for hearings predicated upon an LWA-2 request and SER, can now be readily adapted to enable the LWA-1 hearings to proceed on schedule, and tc include a second phase of hearings concerning LWA-2 safety issues. LWA-1 hearings are'a prerequisite for LWA-2 findings. Applicants believe that the LWA-1 hearing schedule can and should proceed as scheduled. Upon completion, the parties should then embark upon a schedule for hearings to consider those portions of NRDC's contentions which relate to the LWA-2.

4. The Applicants' proposed schedule is as fo11cws:

Staff Environmental Update and before 7/9/82 Site Suitability Report Hearings Start-Environmental and 8/23/82 Site Suitability Issues as per Existing Schedule Discovery on LWA-2 Issues Commences .

at Close of LWA-1 Hearings i

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. LWA-1 Proposed Findings, Responses, and Replies Completed 55 days after close of LWA-1 Record Staff Safety Evaluation Report-LWA-2 11/82 Safety Issues Discovery on LWA-2 Issues Completed 1/83 LWA-2 Hearings Start 2/83 LWA-2 Proposed Findings of Fact and Conclusions of Law Filed 55 Days after Close of LWA-2 Record LWA-1 and LWA-2 Partial Initial 8/83 Decision

5. In the event that the 5 50.12 request is denied, Applicants propose that the above proposed schedule be collapsed by having the partial initial decision rendered on LWA-1 issues.

In that event, the schedule for LWA-2 or CP hearings would be

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re-evaluated and adapted as appropriate to the circumstances existing at that time. Inasmuch as the Commission's decision on the Applicants' recent S 50.12 request should be rendered before completion of the LWA-1 hearings, this approach would assure that no party or the Board would needlessly expend its energies or resources. Applicants submit this notice and recommended schedule in the interest of keeping the Board and all parties fully and currently informed. Applicants believe that this approach will preserve the efforts of all parties in regard to the LWA-1 hearings to date, yet provide an efficient and expeditious pathway to an LWA-2 decision.

The Applicants will continue to keep the Board and all parties advised as to further developments affecting the schedule.

Respectfully submitted, George . dgar Attorn ' for Proj ect Management Corporatic

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Warren E. Berghol Attorney for Department of Energy DATED: July 2, 1982 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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UNITED STATES DEPARTMENT OF ENERGY )

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PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537

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TENNESSEE VALLEY AUTHORITY )

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(Clinch River Breeder Reactor Plant) )

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CERTIFICATE OF SERVICE Service has been effected on this date by personal delivery or first-class mail to the following:

      • Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20545 (2 copies)

Dr. Cadet H. Hand, Jr.

Director Bodega Marine Laboratory University of California P. O. Box 247 .

Bodega Bay, California 94923

      • Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission

, Washington, D. C. 20545 ,

  • Daniel Swanson, Esquire
  • Stuart Treby, Esquire Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20545 (2 copies)

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  • 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)

William M. Leech, Jr., Attorney General William B. Hubbard, Chief Deputy Attorney General Lee Breckenridge, Assistant Attorney General State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37820 Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire Edward J. Vigluicci, Esquire Office of the General Counsel Tennessee Valley Authority 400 Commerce Avenue i Knoxville, Tennessee 37902 (2 copies)

Ellyn R. Weiss, Esquire Harmon & Weiss 1725 Eye Street, N. W., Suite 506 Washington, D. C. 20006

Lawson McGhee Public Library 500 West Church Street

. Knoxville, Tennessee 37902 William E. Lantrip, Esq.

. Attorney for the City of Oak Ridge Municipal Building P. O. Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esq.

Warren E. Bergholz, Jr., Esq.

U. S. Department of Energy 1000 Independence Ave., S . W.

Room 6-B-256, Forrestal Building Washington, D. C. 20585 (2 copies)

Eldon V. C. Greenberg Tuttle & Taylor 1901 L Street, N. W., Suite 805 Washington, D. C. 20036 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 1007 Nashville, Tennessee 37219 EM ~

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Geofge Lgd' gar'

.. AttorneVfor Project Management Corporation DATED: July 2, 1982

  • / Denot'es hand delivery to 1717 "H" Street, N.W., Washington, D. C.
    • / Denotes hand delivery to indicated address.
      • / Denotes hand delivery to 4350 East-West Highway, Bethesda, Md.

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