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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20106J8711985-02-15015 February 1985 Notification Concerning Site redress.Near-term Planning for Site Redress Predicated Upon Commencing Redress by May 1985. Certificate of Svc Encl ML20107M9411984-11-0808 November 1984 Response to Motion to Dismiss Proceeding Re Revocation of Lwa.Authorization of Revocation of LWA & That Proceedings Be Dismissed W/O Prejudice Recommended.Certificate of Svc Encl ML20106J7951984-10-30030 October 1984 Response to Applicant 841019 Motion to Dismiss Proceeding. Motion Acceptable Subj to Conditions Set Forth in Redress Plan & NRC .Certificate of Svc Encl ML20093M2611984-10-19019 October 1984 Motion to Dismiss Proceeding.Applicable Conditions of Existing Federal Water Permit & State Water Quality Requirements Will Remain in Effect.Supporting Documentation & Certificate of Svc Encl ML20098F9571984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20098F7391984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl ML20097G9671984-09-19019 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20087F4701984-03-15015 March 1984 Answer to Applicant Petition for Review of ASLB 840229 Memorandum & Order Re Crbr LWA Proceedings on Site Redress Plan.Intervenors Main Concern Is That Redress Be Rapid & Effective.W/Certificate of Svc ML20086T0141984-03-0505 March 1984 Petition for Review of Appeal Board 840229 Memorandum & Order Readmitting Intervenors to Proceedings.Intervenor Participation Will Protract Proceeding for Project Which Is Terminated.Certificate of Svc Encl ML20080N0471984-02-21021 February 1984 Answer Opposing NRDC & Sierra Club Appeals to ASLB Decisions.Certificate of Svc Encl ML20080C6411984-02-0606 February 1984 Brief of Intervenors in Support of Appeal of ASLB 840120 Order.Certificate of Svc Encl ML20080C6121984-02-0606 February 1984 Notice of Appeal of ASLB 840120 Notice Denying NRDC Motion to Intervene ML20080C6021984-02-0606 February 1984 Brief in Support of Appeal of ASLB 840120 Order Re NRDC Motion to Intervene ML20083J4351984-01-0909 January 1984 Response to NRDC Reply Per ASLB 831228 Order.Contentions Raised in NRDC Motion to Intervene Moot.Motion Should Be Denied.Certificate of Svc Encl ML20083E4231983-12-27027 December 1983 Notice of Project Termination.Certificate of Svc Encl ML20082S4471983-12-12012 December 1983 Request to Reply to Util 831205 & NRC 831208 Responses to NRDC Motion to Intervene ML20082S4541983-12-12012 December 1983 Reply to Util 831205 & NRC 831208 Responses to NRDC Motion to Intervene.Appropriate ASLB Course of Action Is Termination of Proceedings on Grounds of Mootness. Certificate of Svc Encl ML20082Q6841983-12-0909 December 1983 Amended Notice of Appearance in Proceeding.Certificate of Svc Encl ML20082M5401983-12-0505 December 1983 Response Opposing NRDC 831123 Motion to Intervene.Proceeding Moot Due to Project Cancellation.Cp Partial Initial Decision Should Be Issued.Certificate of Svc Encl ML20082M5271983-12-0505 December 1983 Response Supporting Intervenor 831123 Motion to Terminate Appeal Proceedings,Vacate Partial Initial Decision & Authorize Revocation of Lwa.Certificate of Svc Encl ML20082E1261983-11-23023 November 1983 Petition of NRDC for Leave to Intervene & Request for Hearing Re Effect of Crbr Termination on CP Proceedings. Contentions Listed ML20081D7931983-10-31031 October 1983 Confirmation of Info Re Legislative Status Discussed W/Aslb in 831028 Telcon.Certificate of Svc Encl ML20081A5041983-10-25025 October 1983 Supplemental Citations Supporting Thesis That Following Hydrodynamic Core Disruptive Accident,Reactor Vessel Closure Head Is More Susceptible to Failure than Reactor Vessel Head.Certificate of Svc Encl ML20078B9771983-09-26026 September 1983 Response Opposing NRC 830913 Motion for Leave to File Supplemental Affidavit of Lg Hulman.Affiant Revised Testimony Incorrect,Misleading & Irrelevant.Certificate of Svc Encl ML20076C9811983-08-22022 August 1983 Motion to Correct Transcript of Aug 1983 CP Evidentiary Hearings.Certificate of Svc Encl ML20076A7871983-08-17017 August 1983 Motion to Reschedule 830929 Oral Argument to 830928. Certificate of Svc Encl ML20077J5051983-08-15015 August 1983 Proposed Initial Decision,Findings of Fact & Conclusions of Law Re Cp.Certificate of Svc Encl ML20077B6661983-07-22022 July 1983 Response Opposing Intervenor 830518 Exceptions to ASLB 830228 Partial Initial Decision on Lwa.Aslab Should Affirm ASLB Decision.Site Suitability Arguments Incongruous. Certificate of Svc Encl ML20024C3641983-07-0808 July 1983 Limited Appearance Statement of TB Cochran Re Issues Raised in CP Proceeding.Discusses Radiological Consequences of Crbr Core Disruptive Accident & Site Suitability.Certificate of Svc Encl ML20072F2651983-06-22022 June 1983 Response to Intervenor 830621 Motion to Withdraw Contentions 1,3,9(c),9(f) & 9(g) from Consideration at Jul 1983 CP Hearings.Intervenors Should Be Dismissed as Parties. Certificate of Svc Encl ML20079R2631983-06-21021 June 1983 Response Opposing Applicant 830519 & 23 Motions for Summary Disposition of Contentions 9(g),9(c) & 9(f).Motions Moot Since Intervenors Moved to Withdraw Contentions from Consideration ML20079R2491983-06-21021 June 1983 Motion to Withdraw Contentions 1,3,9(c),9(g) from Consideration at Jul 1983 CP Hearings & Request for Leave to Submit Written Statement on Issues Raised.Limited Resources Prohibit Continued Full Participation ML20071M3191983-05-27027 May 1983 Notification of Pending Litigation Re NRDC 821001 Motion to Expedite Consideration of Emergency Motion to Amend Us District Court of Appeals Remand & to Review EPA Regulations.Certificate of Svc Encl ML20071H0321983-05-23023 May 1983 Motion for Summary Disposition of Intervenor Contentions 9(c) & 9(f) Re Adequacy of Evacuation Time Analysis in Psar. No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision.Certificate of Svc Encl ML20071H0461983-05-23023 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contentions 9(c) & (F) on Emergency Plans ML20071H0911983-05-23023 May 1983 Motion for Extension Until 830722 to File Response to Intervenors 830518 Brief in Support of Exceptions. Certificate of Svc Encl ML20076D0191983-05-19019 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention 9(g) on Emergency Planning.Certificate of Svc Encl ML20076C9801983-05-19019 May 1983 Motion for Summary Disposition of Contention 9(g) Re Emergency Plans.No Genuine Issue of Matl Fact Exists ML20023D1761983-05-18018 May 1983 Notification Re PRA Status Rept.Encl Phase I PRA Rept Not Submitted to NRC for Review.Results of Rept Insignificant to Proceeding.W/O Phase I Rept.Certificate of Svc Encl ML20071H2211983-05-18018 May 1983 Brief Supporting Exceptions to ASLB 830228 Partial Initial Decision Re LWA ML20023D0951983-05-17017 May 1983 Third Set of CP Interrogatories & Request to Produce. Certificate of Svc Encl.Related Correspondence ML20074A8791983-05-13013 May 1983 Response to 830425 Eleventh Set of Interrogatories & Request for Admissions.Certificate of Svc Encl.Related Correspondence ML20074A8621983-05-13013 May 1983 Response to 830427 Second Set of CP Interrogatories & Request for Admissions.Related Correspondence ML20023C2071983-05-0909 May 1983 Certifies Svc on 830509 ML20079Q3021983-05-0909 May 1983 Corrected Response to First Set of Interrogatories & Request to Produce.Requested Documents Will Be Made Available for Insp & Copying ML20079Q3001983-05-0909 May 1983 Responds to Second Set of CP Interrogatories.Aerosol Plateout & Fallout Calculations Discussed.Affidavit Encl. Related Correspondence ML20079Q2781983-05-0909 May 1983 Response to First Set of CP Interrogatories & Request to Produce.Requested Documents Will Be Made Available for Insp & Copying.Related Correspondence ML20079P9141983-05-0909 May 1983 Response Opposing Intervenor 830429 Motion for Extension of Time.Good Cause Not Demonstrated ML20023C1961983-05-0606 May 1983 Certifies Svc on 830506 of Intervenor Supplementary Response to Applicant Eighth & Ninth Set of Interrogatories Dtd 830401 & 08 & Intervenor Response to Applicant Tenth Set of Interrogatories Dtd 830421 ML20079P6971983-05-0606 May 1983 Supplementary Response to Eighth & Ninth Set of Interrogatories & 08.Review of SER & Related Documentation Incomplete,Hindering Response to Certain Interrogatories.Related Correspondence 1985-02-15
[Table view] Category:TRANSCRIPTS
MONTHYEARML20024C3641983-07-0808 July 1983 Limited Appearance Statement of TB Cochran Re Issues Raised in CP Proceeding.Discusses Radiological Consequences of Crbr Core Disruptive Accident & Site Suitability.Certificate of Svc Encl ML20083N8191983-02-0202 February 1983 Applicant Corrections to 821116-19 Transcripts,Inadvertently Omitted from 830124 List of Transcript Corrections. Certificate of Svc Encl ML20070M6581983-01-24024 January 1983 Proposed Transcript Corrections.Certificate of Svc Encl ML20069L0331982-11-12012 November 1982 Suppl to TB Cochran Part V Testimony on Contentions 1,2 & 3, Based on Final Suppl to Fes ML20069L0371982-11-12012 November 1982 Testimony of TB Cochran,Part Iv,As Supplemented by New Info in Final Suppl to Fes,Re Contentions 1,2 & 3 on Potential for Severe Accidents at Crbr & Adequacy of NRC & Util Analyses of Accidents ML20069L0451982-11-12012 November 1982 Testimony of TB Cochran,Part Iii,As Supplemented by New Info in Fes Final Suppl,Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle. Certificate of Svc Encl ML20066E2831982-11-10010 November 1982 Errata to 821101 Testimony.Certificate of Svc Encl ML20028A7351982-11-0101 November 1982 Testimony of TB Cochran,Part V,Re Contentions 4 & 6(b)(4) on Analysis of Acts of Sabotage,Terrorism or Theft.Nrc & Applicants Substantially Understated Risks to Plant & Overstated Effectiveness of Proposed Safeguards ML20071P0981982-11-0101 November 1982 Testimony of Lj Kripps Re NRDC & Sierra Club Contentions 5a & 7c on Applicant Alternative Siting Analyses.Clinch River Site Is Preferred Site for LMFBR Demonstration Plant. Related Correspondence ML20071P1111982-11-0101 November 1982 Testimony of Hw Hibbitts Re NRDC Contention 5(b) Re Alternative Sites.Risk from Crbr to DOE Facilities in Site Vicinity Low.Related Correspondence ML20071P1151982-11-0101 November 1982 Testimony of GL Sherwood,Dc Newton,Wm Hartman & Oo Yarbro Re NRDC Contentions 6.b.1 & 6.b.3 on Adequacy of NRC Analyses of Environ Impacts of Crbr Fuel Cycle.Eis Estimates Conservative.Related Correspondence ML20071P1261982-11-0101 November 1982 Testimony of J Preston,Ro Mcclellan,Jw Healy & Rc Thompson Re NRDC Contentions 11b & 11c on Genetic & Cancerous Effects of Plant on Employees.Calculated Somatic Effects for Plant Small.Related Correspondence ML20071P1431982-11-0101 November 1982 Testimony of AA Weinstein,Rk Disney & Jf Murdock Re NRDC Contention 8 on Costs & Effects of Decommissioning Crbr. Plant Can Be Decommissioned by Prompt Total Dismantlement. Related Correspondence ML20071P1731982-11-0101 November 1982 Testimony of Gh Clare,Le Strawbridge & Lw Deitrich Re NRDC Contentions 2d,2f,2g,2h,3c,3d & 5b on Environ Effects of Crbr Accident Analyses.Related Correspondence ML20071P2481982-11-0101 November 1982 Testimony of Ef Penico & Ga Hammond Re NRDC Contentions 4 & 6.b.4 on Safeguards.Safeguards Adequately Analyzed & Safeguards Sys Developed.Related Correspondence ML20071P2571982-11-0101 November 1982 Testimony of J Longenecker,Ca Anderson & Nn Kaushal Re NRDC Contentions 7a & 7b on Inadequate Analyses of Crbr Alternatives.No Alternatives Substantially Better than Crbr. Certificate of Svc Encl.Related Correspondence ML20065T9861982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 1,2 & 3 on Adequacy of NRC & Applicant Analyses of Potential for Severe Accidents.Methodology in Fes App J Crude by Current Stds & App Assumptions Not Supported by Analysis ML20065T9831982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle.Nrc Analysis Inadequate Due to Failure to Address Uncertainties Associated W/Nrc Estimates ML20065T9881982-10-28028 October 1982 Testimony of Cj Johnson Re NRC Analysis of Environ (Health) Impacts of Crbr & Fuel Cycle.Nrc & Applicant Estimates of Environ Releases & Environ Contamination from Proposed Fuel Cycle Unrealistic.Certificate of Svc Encl ML20065U0321982-10-13013 October 1982 Transcript of E Branagan 821013 Deposition in Bethesda,Md Re Dose Estimates of Hiroshima & Nagasaki & Health Impacts. Certificate of Svc Encl.Related Correspondence ML20062K3091982-08-16016 August 1982 Testimony of RO Mcclellan,Jw Healy & Rc Thompson on Behalf of Joint Applicants Re NRDC Contention 2e on Calculation of Guideline Value for Radiation Doses from Postulated Release. Prof Qulifications & Certificate of Svc of Encl ML20062K2861982-08-16016 August 1982 Testimony of Nw Brown,Gh Deitrich,Vs O'Block & Le Strawbridge on Behalf of Joint Applicants Re NRDC Contentions 1,2 & 3 on Adequacy of Accident Analyses.Prof Qualifications & Certificate of Svc Encl ML20062L0691982-08-16016 August 1982 Testimony of Kz Morgan on Contentions 1 & 2.Requirements of 10CFR100 Not Met.Crbr Site Not Suitable for LMFBR ML20062L0511982-08-16016 August 1982 Testimony of TB Cochran on Contentions 1a,3b & 3d Re Core Disruptive Accidents & DBAs & Contentions 2 & 3c Re Site Suitability Analysis Under 10CFR100 ML20062L1111982-08-12012 August 1982 Testimony of Jc Cobb on Contention 2 Re Proposed Stds & Guidelines for Pu & Other Alpha Emitting Radionuclides. Toxicity of Pu Underestimated.Certificate of Svc Encl ML20062L0911982-08-11011 August 1982 Testimony of F Von Hippel on Contentions 1 & 2 Re Core Disruptive Accident Probabilities at Crbr ML20062A4891982-08-0202 August 1982 Transcript of 820802 Conference in Bethesda,Md.Pp 685-875 ML20071K9001982-07-29029 July 1982 Oral Comments of Mm Todorovich on 820729 in Washington,Dc Supporting DOE Exemption Request ML20062H2781982-07-29029 July 1982 Transcript of 820729 Oral Presentation on Crbr. Pp.1-213 ML20062B5101982-07-21021 July 1982 Transcript of 820721 Public Meeting in Washington,Dc Re Affirmation of Crbr Order.Pp 1-3 ML20054M7171982-07-0909 July 1982 Transcript of 820709 Public Meeting Re Briefing on Crbr Schedule in Washington,Dc.Pp 1-19 ML20054J5271982-06-25025 June 1982 Transcript of ACRS Subcommittee on Crbr 820625 Meeting in Washington Dc.Pp 342-588.Viewgraphs Encl ML20054L3961982-06-25025 June 1982 Transcript Corrections to NRC 820506 Response to NRDC & Sierra Club 24th Set of Interrogatories ML20054J2011982-06-24024 June 1982 Transcript of ACRS Subcommittee on Crbr/Site Evaluation 820624 Meeting in Washington,Dc.Pp 1-341.Viewgraphs Encl ML20040D5851982-01-28028 January 1982 Supplemental Statement of C Komanoff Opposing Applicants' Exemption Request.Net Costs of Delay Extremely Small Relative to Applicants' Estimate.Certificate of Svc Encl ML20040C7161982-01-18018 January 1982 Statement of C Komanoff Opposing Applicants' Exemption Request.When Time Value of Money Properly Taken Into Account,Purported Costs of Delay Essentially Disappear ML20040C7091982-01-18018 January 1982 Statement of Eec Clebsch in Response to Applicants' Exemption Request.Discusses Site Preparation Activities Rept & Environ Impacts 1983-07-08
[Table view] Category:DEPOSITIONS
MONTHYEARML20024C3641983-07-0808 July 1983 Limited Appearance Statement of TB Cochran Re Issues Raised in CP Proceeding.Discusses Radiological Consequences of Crbr Core Disruptive Accident & Site Suitability.Certificate of Svc Encl ML20083N8191983-02-0202 February 1983 Applicant Corrections to 821116-19 Transcripts,Inadvertently Omitted from 830124 List of Transcript Corrections. Certificate of Svc Encl ML20070M6581983-01-24024 January 1983 Proposed Transcript Corrections.Certificate of Svc Encl ML20069L0331982-11-12012 November 1982 Suppl to TB Cochran Part V Testimony on Contentions 1,2 & 3, Based on Final Suppl to Fes ML20069L0371982-11-12012 November 1982 Testimony of TB Cochran,Part Iv,As Supplemented by New Info in Final Suppl to Fes,Re Contentions 1,2 & 3 on Potential for Severe Accidents at Crbr & Adequacy of NRC & Util Analyses of Accidents ML20069L0451982-11-12012 November 1982 Testimony of TB Cochran,Part Iii,As Supplemented by New Info in Fes Final Suppl,Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle. Certificate of Svc Encl ML20066E2831982-11-10010 November 1982 Errata to 821101 Testimony.Certificate of Svc Encl ML20028A7351982-11-0101 November 1982 Testimony of TB Cochran,Part V,Re Contentions 4 & 6(b)(4) on Analysis of Acts of Sabotage,Terrorism or Theft.Nrc & Applicants Substantially Understated Risks to Plant & Overstated Effectiveness of Proposed Safeguards ML20071P0981982-11-0101 November 1982 Testimony of Lj Kripps Re NRDC & Sierra Club Contentions 5a & 7c on Applicant Alternative Siting Analyses.Clinch River Site Is Preferred Site for LMFBR Demonstration Plant. Related Correspondence ML20071P1111982-11-0101 November 1982 Testimony of Hw Hibbitts Re NRDC Contention 5(b) Re Alternative Sites.Risk from Crbr to DOE Facilities in Site Vicinity Low.Related Correspondence ML20071P1151982-11-0101 November 1982 Testimony of GL Sherwood,Dc Newton,Wm Hartman & Oo Yarbro Re NRDC Contentions 6.b.1 & 6.b.3 on Adequacy of NRC Analyses of Environ Impacts of Crbr Fuel Cycle.Eis Estimates Conservative.Related Correspondence ML20071P1261982-11-0101 November 1982 Testimony of J Preston,Ro Mcclellan,Jw Healy & Rc Thompson Re NRDC Contentions 11b & 11c on Genetic & Cancerous Effects of Plant on Employees.Calculated Somatic Effects for Plant Small.Related Correspondence ML20071P1431982-11-0101 November 1982 Testimony of AA Weinstein,Rk Disney & Jf Murdock Re NRDC Contention 8 on Costs & Effects of Decommissioning Crbr. Plant Can Be Decommissioned by Prompt Total Dismantlement. Related Correspondence ML20071P1731982-11-0101 November 1982 Testimony of Gh Clare,Le Strawbridge & Lw Deitrich Re NRDC Contentions 2d,2f,2g,2h,3c,3d & 5b on Environ Effects of Crbr Accident Analyses.Related Correspondence ML20071P2481982-11-0101 November 1982 Testimony of Ef Penico & Ga Hammond Re NRDC Contentions 4 & 6.b.4 on Safeguards.Safeguards Adequately Analyzed & Safeguards Sys Developed.Related Correspondence ML20071P2571982-11-0101 November 1982 Testimony of J Longenecker,Ca Anderson & Nn Kaushal Re NRDC Contentions 7a & 7b on Inadequate Analyses of Crbr Alternatives.No Alternatives Substantially Better than Crbr. Certificate of Svc Encl.Related Correspondence ML20065T9861982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 1,2 & 3 on Adequacy of NRC & Applicant Analyses of Potential for Severe Accidents.Methodology in Fes App J Crude by Current Stds & App Assumptions Not Supported by Analysis ML20065T9831982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle.Nrc Analysis Inadequate Due to Failure to Address Uncertainties Associated W/Nrc Estimates ML20065T9881982-10-28028 October 1982 Testimony of Cj Johnson Re NRC Analysis of Environ (Health) Impacts of Crbr & Fuel Cycle.Nrc & Applicant Estimates of Environ Releases & Environ Contamination from Proposed Fuel Cycle Unrealistic.Certificate of Svc Encl ML20065U0321982-10-13013 October 1982 Transcript of E Branagan 821013 Deposition in Bethesda,Md Re Dose Estimates of Hiroshima & Nagasaki & Health Impacts. Certificate of Svc Encl.Related Correspondence ML20062K3091982-08-16016 August 1982 Testimony of RO Mcclellan,Jw Healy & Rc Thompson on Behalf of Joint Applicants Re NRDC Contention 2e on Calculation of Guideline Value for Radiation Doses from Postulated Release. Prof Qulifications & Certificate of Svc of Encl ML20062K2861982-08-16016 August 1982 Testimony of Nw Brown,Gh Deitrich,Vs O'Block & Le Strawbridge on Behalf of Joint Applicants Re NRDC Contentions 1,2 & 3 on Adequacy of Accident Analyses.Prof Qualifications & Certificate of Svc Encl ML20062L0691982-08-16016 August 1982 Testimony of Kz Morgan on Contentions 1 & 2.Requirements of 10CFR100 Not Met.Crbr Site Not Suitable for LMFBR ML20062L0511982-08-16016 August 1982 Testimony of TB Cochran on Contentions 1a,3b & 3d Re Core Disruptive Accidents & DBAs & Contentions 2 & 3c Re Site Suitability Analysis Under 10CFR100 ML20062L1111982-08-12012 August 1982 Testimony of Jc Cobb on Contention 2 Re Proposed Stds & Guidelines for Pu & Other Alpha Emitting Radionuclides. Toxicity of Pu Underestimated.Certificate of Svc Encl ML20062L0911982-08-11011 August 1982 Testimony of F Von Hippel on Contentions 1 & 2 Re Core Disruptive Accident Probabilities at Crbr ML20062A4891982-08-0202 August 1982 Transcript of 820802 Conference in Bethesda,Md.Pp 685-875 ML20071K9001982-07-29029 July 1982 Oral Comments of Mm Todorovich on 820729 in Washington,Dc Supporting DOE Exemption Request ML20062H2781982-07-29029 July 1982 Transcript of 820729 Oral Presentation on Crbr. Pp.1-213 ML20062B5101982-07-21021 July 1982 Transcript of 820721 Public Meeting in Washington,Dc Re Affirmation of Crbr Order.Pp 1-3 ML20054M7171982-07-0909 July 1982 Transcript of 820709 Public Meeting Re Briefing on Crbr Schedule in Washington,Dc.Pp 1-19 ML20054J5271982-06-25025 June 1982 Transcript of ACRS Subcommittee on Crbr 820625 Meeting in Washington Dc.Pp 342-588.Viewgraphs Encl ML20054L3961982-06-25025 June 1982 Transcript Corrections to NRC 820506 Response to NRDC & Sierra Club 24th Set of Interrogatories ML20054J2011982-06-24024 June 1982 Transcript of ACRS Subcommittee on Crbr/Site Evaluation 820624 Meeting in Washington,Dc.Pp 1-341.Viewgraphs Encl ML20040D5851982-01-28028 January 1982 Supplemental Statement of C Komanoff Opposing Applicants' Exemption Request.Net Costs of Delay Extremely Small Relative to Applicants' Estimate.Certificate of Svc Encl ML20040C7161982-01-18018 January 1982 Statement of C Komanoff Opposing Applicants' Exemption Request.When Time Value of Money Properly Taken Into Account,Purported Costs of Delay Essentially Disappear ML20040C7091982-01-18018 January 1982 Statement of Eec Clebsch in Response to Applicants' Exemption Request.Discusses Site Preparation Activities Rept & Environ Impacts 1983-07-08
[Table view] Category:NARRATIVE TESTIMONY
MONTHYEARML20024C3641983-07-0808 July 1983 Limited Appearance Statement of TB Cochran Re Issues Raised in CP Proceeding.Discusses Radiological Consequences of Crbr Core Disruptive Accident & Site Suitability.Certificate of Svc Encl ML20083N8191983-02-0202 February 1983 Applicant Corrections to 821116-19 Transcripts,Inadvertently Omitted from 830124 List of Transcript Corrections. Certificate of Svc Encl ML20070M6581983-01-24024 January 1983 Proposed Transcript Corrections.Certificate of Svc Encl ML20069L0331982-11-12012 November 1982 Suppl to TB Cochran Part V Testimony on Contentions 1,2 & 3, Based on Final Suppl to Fes ML20069L0371982-11-12012 November 1982 Testimony of TB Cochran,Part Iv,As Supplemented by New Info in Final Suppl to Fes,Re Contentions 1,2 & 3 on Potential for Severe Accidents at Crbr & Adequacy of NRC & Util Analyses of Accidents ML20069L0451982-11-12012 November 1982 Testimony of TB Cochran,Part Iii,As Supplemented by New Info in Fes Final Suppl,Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle. Certificate of Svc Encl ML20066E2831982-11-10010 November 1982 Errata to 821101 Testimony.Certificate of Svc Encl ML20028A7351982-11-0101 November 1982 Testimony of TB Cochran,Part V,Re Contentions 4 & 6(b)(4) on Analysis of Acts of Sabotage,Terrorism or Theft.Nrc & Applicants Substantially Understated Risks to Plant & Overstated Effectiveness of Proposed Safeguards ML20071P0981982-11-0101 November 1982 Testimony of Lj Kripps Re NRDC & Sierra Club Contentions 5a & 7c on Applicant Alternative Siting Analyses.Clinch River Site Is Preferred Site for LMFBR Demonstration Plant. Related Correspondence ML20071P1111982-11-0101 November 1982 Testimony of Hw Hibbitts Re NRDC Contention 5(b) Re Alternative Sites.Risk from Crbr to DOE Facilities in Site Vicinity Low.Related Correspondence ML20071P1151982-11-0101 November 1982 Testimony of GL Sherwood,Dc Newton,Wm Hartman & Oo Yarbro Re NRDC Contentions 6.b.1 & 6.b.3 on Adequacy of NRC Analyses of Environ Impacts of Crbr Fuel Cycle.Eis Estimates Conservative.Related Correspondence ML20071P1261982-11-0101 November 1982 Testimony of J Preston,Ro Mcclellan,Jw Healy & Rc Thompson Re NRDC Contentions 11b & 11c on Genetic & Cancerous Effects of Plant on Employees.Calculated Somatic Effects for Plant Small.Related Correspondence ML20071P1431982-11-0101 November 1982 Testimony of AA Weinstein,Rk Disney & Jf Murdock Re NRDC Contention 8 on Costs & Effects of Decommissioning Crbr. Plant Can Be Decommissioned by Prompt Total Dismantlement. Related Correspondence ML20071P1731982-11-0101 November 1982 Testimony of Gh Clare,Le Strawbridge & Lw Deitrich Re NRDC Contentions 2d,2f,2g,2h,3c,3d & 5b on Environ Effects of Crbr Accident Analyses.Related Correspondence ML20071P2481982-11-0101 November 1982 Testimony of Ef Penico & Ga Hammond Re NRDC Contentions 4 & 6.b.4 on Safeguards.Safeguards Adequately Analyzed & Safeguards Sys Developed.Related Correspondence ML20071P2571982-11-0101 November 1982 Testimony of J Longenecker,Ca Anderson & Nn Kaushal Re NRDC Contentions 7a & 7b on Inadequate Analyses of Crbr Alternatives.No Alternatives Substantially Better than Crbr. Certificate of Svc Encl.Related Correspondence ML20065T9861982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 1,2 & 3 on Adequacy of NRC & Applicant Analyses of Potential for Severe Accidents.Methodology in Fes App J Crude by Current Stds & App Assumptions Not Supported by Analysis ML20065T9831982-11-0101 November 1982 Testimony of TB Cochran Re Contentions 6(b)(1) & (3) on Adequacy of NRC Analysis of Environ Impacts of Crbr Fuel Cycle.Nrc Analysis Inadequate Due to Failure to Address Uncertainties Associated W/Nrc Estimates ML20065T9881982-10-28028 October 1982 Testimony of Cj Johnson Re NRC Analysis of Environ (Health) Impacts of Crbr & Fuel Cycle.Nrc & Applicant Estimates of Environ Releases & Environ Contamination from Proposed Fuel Cycle Unrealistic.Certificate of Svc Encl ML20065U0321982-10-13013 October 1982 Transcript of E Branagan 821013 Deposition in Bethesda,Md Re Dose Estimates of Hiroshima & Nagasaki & Health Impacts. Certificate of Svc Encl.Related Correspondence ML20062K3091982-08-16016 August 1982 Testimony of RO Mcclellan,Jw Healy & Rc Thompson on Behalf of Joint Applicants Re NRDC Contention 2e on Calculation of Guideline Value for Radiation Doses from Postulated Release. Prof Qulifications & Certificate of Svc of Encl ML20062K2861982-08-16016 August 1982 Testimony of Nw Brown,Gh Deitrich,Vs O'Block & Le Strawbridge on Behalf of Joint Applicants Re NRDC Contentions 1,2 & 3 on Adequacy of Accident Analyses.Prof Qualifications & Certificate of Svc Encl ML20062L0691982-08-16016 August 1982 Testimony of Kz Morgan on Contentions 1 & 2.Requirements of 10CFR100 Not Met.Crbr Site Not Suitable for LMFBR ML20062L0511982-08-16016 August 1982 Testimony of TB Cochran on Contentions 1a,3b & 3d Re Core Disruptive Accidents & DBAs & Contentions 2 & 3c Re Site Suitability Analysis Under 10CFR100 ML20062L1111982-08-12012 August 1982 Testimony of Jc Cobb on Contention 2 Re Proposed Stds & Guidelines for Pu & Other Alpha Emitting Radionuclides. Toxicity of Pu Underestimated.Certificate of Svc Encl ML20062L0911982-08-11011 August 1982 Testimony of F Von Hippel on Contentions 1 & 2 Re Core Disruptive Accident Probabilities at Crbr ML20062A4891982-08-0202 August 1982 Transcript of 820802 Conference in Bethesda,Md.Pp 685-875 ML20071K9001982-07-29029 July 1982 Oral Comments of Mm Todorovich on 820729 in Washington,Dc Supporting DOE Exemption Request ML20062H2781982-07-29029 July 1982 Transcript of 820729 Oral Presentation on Crbr. Pp.1-213 ML20062B5101982-07-21021 July 1982 Transcript of 820721 Public Meeting in Washington,Dc Re Affirmation of Crbr Order.Pp 1-3 ML20054M7171982-07-0909 July 1982 Transcript of 820709 Public Meeting Re Briefing on Crbr Schedule in Washington,Dc.Pp 1-19 ML20054J5271982-06-25025 June 1982 Transcript of ACRS Subcommittee on Crbr 820625 Meeting in Washington Dc.Pp 342-588.Viewgraphs Encl ML20054L3961982-06-25025 June 1982 Transcript Corrections to NRC 820506 Response to NRDC & Sierra Club 24th Set of Interrogatories ML20054J2011982-06-24024 June 1982 Transcript of ACRS Subcommittee on Crbr/Site Evaluation 820624 Meeting in Washington,Dc.Pp 1-341.Viewgraphs Encl ML20040D5851982-01-28028 January 1982 Supplemental Statement of C Komanoff Opposing Applicants' Exemption Request.Net Costs of Delay Extremely Small Relative to Applicants' Estimate.Certificate of Svc Encl ML20040C7161982-01-18018 January 1982 Statement of C Komanoff Opposing Applicants' Exemption Request.When Time Value of Money Properly Taken Into Account,Purported Costs of Delay Essentially Disappear ML20040C7091982-01-18018 January 1982 Statement of Eec Clebsch in Response to Applicants' Exemption Request.Discusses Site Preparation Activities Rept & Environ Impacts 1983-07-08
[Table view] |
Text
4 NCCI.IAR RIGULATORY COM!CSSICN
(,
{, COMMISSION MEETING In &Je Mat:tzu cf: PUBLIC MEETING BRIEFING ON CLINCH RIVER BREEDER REACTOR SCHEDULE l
( DA*E: July 9, 1982 PAGzs: 1 - 19
! A*: Washincton, D. C. ,
I ALDERSOX REPOf1TLTG
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400 vi.ginia Ave., S.W., Wasni..g- 9, D. C. 20024 Talachc:a: (202) 554-2245 i
8207140295 820709 PDR ADOCK 0",000537 T PDR
{___ _ _ _ - - - _ _ _ _ _ _ _ _ _ _ __ _ _ _ _
- 4 1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
f 4 BRIEFING ON CLINCH RIVER BREEDER REACT 0E SCHEDULE 5
6 PUBLIC MEETING I .
8 Nuclear Regulatory Commission Room 1130 9 1717 H Street, N. W.
Washington, D. C.
to Friday, July 9, 1982 11 The Commission met, pursuant to notice, at 12
13 f
'- 14 BEFORE:
15 NUNZIO PALLADINO, Chairman of the Commission VICTOR GILINSKY, Commissioner 16 JOHN AHEARNE, Commissioner JAMES ASSELSTINE, commissioner 17 THOMAS ROBERTS, Commissioner 18 STAFF AND PRESENTERS SEATED AT COMMISSION TABLEa 19 S. CHILK .
M. MALSCH 20 F. REMICK 21
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l ALDERSON REPORTING COMPANY,INC,
- 400 VIRGINIA AVL S.W., WASHINGTON, D.C. 20024 (202) 554 2345
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DISCLAIMER
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- This is an ' unofficial transcript of a meeting ~of the United States in the Nuclear Regulatory Comission held on Ju lv 9 ' 19 8 2 -
. Co:5missi'on's offices at 1717 H Street, N. W., Wasnington, D. C. The meeting was open to public attendance and observation. Tnis transcript has not been reviewed, corrected, or edited, and it may contain inaccuracies.
Tne transcHpt is intended solely for general informational purposes.
. As provided by 10 CFR 9.103, it is not part of the forinal or infomal
' record of decision of the matters discussed. Expressions of opinion in
~
..this. transcript do not necessarily reflect fina.1 determinations or
/ beliefs. No pleading or other paper may be filed with the Comissio'n in Q, any proceeding as the result of or addressed to any' statement or argument
-; contained herein, except as the Com iss ion may author ize.
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2 1 Ea9CIEEIEEE 2 CHAIRMAN PALLADIN04 Ladies and gentlemen, 3 this meeting pertains to the Departm ent of Energy's 4 request for an exemption under 10 CFP 50.12 to cond uct 5 site preparation setivities for the Clinch River Breeder 6 Reactor.
7 The Commission has under consideration an
- 8 order. which would prescribe the procedures and schedule 9 for th'e" Decision"on this request. The purpose of to today's meeting is to address scheduling matters.
11 We have received from the Sierra Club and the 12 Natural Resources Defense Council a motion for summary
.. 13 denial of Applicant's Section .12 request, or
\ 14 alternatively a request f or an adjudicatory hearing. ,
15 Today's meeting is to discuss this motion and request as 16 vell.
17 I would like to turn the meeting over to the 18 General Counsel, Mr. Bickwit, to brief us on the draft 19 order and the background and considerations relating to 20 the NRDC and Sierra Club motion.
21 Are there e.ny comments the Commissioners would 22 like to make at this time?
23 3R. BICKWIT. You have,before you a draft 24 order attached to SECY-82-287.
This was drafted before 25 the filing by NRDC and the Sierra Club of their motion
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ALCERSCN REPCRTlNG COMPANY,INC, 400 VIRGINIA AVE, S.W WASHINGTON. O.C. 20024 (2021 554 2345.
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( 1 for summary denial.
2 With respect to that motion, I have made it a 3 practice of not advising whether to grant or deny these 4 motions, but I have reviewed it from the standpoint of 5 legal analysis, and I do not find the legal arguments 6 , presented in this motion to be persuasive.
7 The Commission has a number of options, they
- 8 agree with that analysis, not having heard the
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9 documentaElon ofit.
10 COMMISSIONER AHEARNE: Nor seen it.
11 HB. BICKWIT: -- nor seen it. They can deny 12 the motion, and vote the order as written and as
_ 13 attached to the SECT-paper. Alternatively, they could
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14 not deny the motion until they see a legal analysis, and 15 incorporate that analysis, assuming they agree with it, 16 in th e d'e nia l, a n d not vote this order toda y.
17 Another option would be to take up these i
18 considerations as part of the merits consideration of 19 the entire matter, and answer this particular motion 20 down the road when it considers all of the arguments 21 associated with this request.
22 There are various sub-options associated with 23 those, but why don't I turn the meeting back to you, Mr.
24 Chairman, and see.where the Commission stands in P.5 general.
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ALDERSoN REPORDNG COMPANY. INC.
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(~ 1 CHAIBMAN PALLADINO: Len, as part of that last 2 option, could a reference be made to the motion and say 3 that the Commission has this motion and request under 4 ndvisement and will publish a decision in a separate 5 order, and not tie it to when we would do it?
6 MR. BICK*dIT. That would certainly be-7 available.
- 8 CHAIRMAN PALLADINO: Let me try a proposal, 9 then. ~ ~ih
e proposal is that we issue the order, and on 10 page two, just before "This is so ordered ," introduce ,a 11 paragraph, copies of which I am going to hand out, that 12 would say, "On July 9, 1982, the Sierra Club and 13 National Resources Defense Council filed a motion for r
k- 14 summary denial of Applicant's Section 50.12 request or 15 alternatively request for adjudicatory hearing. The Commission has this motion and request under advisement 16
, 17 and will publish its decision in a separate order."
l 18 That would not force a hasty decision on the 19 NRDC/ Sierra Club notion and request, but would recognize 20 that it exists and would have to address it.
21 COMMISSIONER GILINSKY: Except that it would l 22 'fol10V --
l l 23 CHAIRMAN PALLADINO: I,f we don't deny it, then
( 24 ve vill change our schedule. We vill have to come back 25 and reconsider.
k ALDERSCN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W, WASHINGTON, D.C.- 20024 (202) 554-2345
5 I 1 COMMISSIONER ASSELSTINE: It also rhanges the 2 order, too, if we later act f avo rably on the motion,
- 3 since the order says that we are going to treat this as 4 an informal proceeding.
5 COMMISSIONER GILINSKY: That is what I was 6 about to say.
7 MR. BICKWIT: I think that you are'all saying 8 the same thing. You start down this road, and if you
, 9 don 't d eny' it,' ydu , change that road, perhaps
(
10 dramatically.
l 11 COMMISSIONER AHEARNE: I have just skimmed the 12 petition, but if I read it correctly there are two parts ,
i 13 to it.
l (^
N- 14 HR. BICKWIT Right.
. 15 COMMISSIONER AHEARNE: If we were to accept 16 the first part, it would cancel.
17 COMMISSIONER ASSELSTINE: You would not go 18 down this road at all.
19 MR. BICKWIT: Tha t is right.
20 CHAIRMAN PALLADINO: Or we could' alternatively l .
21 vote to deny the pe tition.
22 COMMISSIONER AHEARNE: Yes.
23 CHAIRMAN PALLADINO: I would be p re pa red to vote to deny the petition.
(. 24 25 (General laughter.) .
l ALDERSON REPORTING COMPANY. INC.
400 VIRGINIA AVE, S.W. WASHINGTON. D.C. 20024 (202) 554 2345 . . - -.
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1 CHAIRMAN PALLADINO: I don't know if other 2 Commissioners who are prepared to go that way or not.
3 COMMISSIONER ASSELSTINE: I have not read it
(
4 yet, so I would pref er not to vote on it.
5 (General laughter.)
6 COMMISSIONER ROBERTS: I prepared to vote for 7 that. ,
8 CHAIRMAN PALLADINO: But if we are not 9 prepared o t vote on it, then we are not prepared to vote 10 on it, then I would propose what I have proposed, that 11 ve put this paragraph in.
12 COMMISSIONER AHEARNE: Len, you say that you 13 have addressed it. Could you,briefly summarize your (s'
14 addressabr-and also tell me when you would have 15 something in writing?
16 MR. BICKWIT: The basic arguments, and if you 17 find another basis please raise it, but I found --
18 COMMISSIONER AHEARNE: I just skimmed it.
19 MR. BICKWIT: I found the most ba sic arguments 20 to be that res judicata applies to this proceeding, 21 therefore, it is a violation of that principle to 22 continue with this proceeding.
23 COMMISSIONER AHEARNE: ,I guess'I would not k 24 have put it that way because I was never very clear on l 25 res j udica ta , estoppel, that was a morass I tried to I
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ALDERSCN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345 ~
1 avoid before. But I gather the basic issue is, when is 2 an agency decision final.
3 CHAIRMAN PALLADINO: I think he was trying to 4
get there, and I am hoping he goes there.
5 ER. BICKWIT: The agency decision made 6
previously was final from the standpoint of its 7
revievability, and after a decision by those agrieved .
8 not to review it, it is final even beyon,d its 9 r ev fe~Ea bilft 'y.
It becomes a final agency action that is 10 no longer subject to review.
11 The question raised here is, can the agency 12 then entertain another application that is quite similar
( 13 to the first one that it has finally denied.
14 COMMISSIONER AHEARNE: I guess what I thought 15 the issue was, absent new information, when is an agency 16 decision final.
17 HR. BICKWIT: The courts have allowed agencies 18 to adopt a flexible approach on when to consider a 19 decision final in circumstances such as these.
20 COMMISSIONER GILINSKY Is new information an 21 important element here, or is it an essential element?
22 MR. BICKWIT: No. Under the court cases, if 23 the re is no new information whatever, the agency can nonetheless en tertain the a pplica tion again .
t l 24 25 The doctrine is different when it applies to
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a ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 4144
8 1 j udicial proceedings. The agency has the flexibility to 2 apply the doctrine in this instance. I am simply 3 advising that the agency needn 't do that.
4 COMMISSIONER AHEARNE: I guess I would be 5 surprised had you come out differently, I am not sa ying 6 OGC, it is just tha t your conclusion seems logical.
7 Although I am sure I can say some interesting words, ,
8 which I am quite instructed, about the idea of I
9 revisiting an-issue.
10 COMMISSION ER GIIINSKY The shoe being on the 11 other foot.
12 MR. BICKWIT: The second basic question --
13 CHAIRMAN PALLADINO: I should point out that 14 one of the Commissioners voted on the basis that it 15 could be~ revisited.
16 MR. BICKWIT: Tha t is right. I have advised 17 throughout this saga that the agency could revisit it --
18 COMMISSIONER 1HEARNE: I understa nd.
19 MR..BICKWITs --
even if they failed to 20 reconsider the first time.
21 COM MISSIO N ER AREARNE: Certainly.
22 . MR. BICKWIT: The second basic issue is 23 whether an adjudicatory hearing ,is required in this
( 24 instance. The Commission faced this issue th e la st time 25 it considered it. The argument, however, was not made
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ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTCN, D.C. 20024 (202) 554 2345
. 9 1 that th e sta tutes, the Atomic Energy Act and NEPA, 2 together require in adjudicatory hearing. In the last 3 round, the argument was made that in spite of the fact 4 tha t there is no statutory compulsion, Commission 5 practice compelled a'n adjudicatory hearing on facts such 6 as these.
7 COMMISSIONER AHEARNEs You says that,it 8 shifted noe to tha t it is a requirement, that is the
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9
10 ER. BICKWITs The argument has been added to.
11 The original argument stands, and it has been added to 12 with the assertion that the Atomic Energy and NEPA.
13 combined compel an adjudicatory hearing in an instance ~
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14 such as this. I do not accept tha t, and I did not the 15 last tim e, even though the argument was not made. I 16 would have made it, had'I believed it.
17 The reason that it has some facial appeal is .
18 that there is' an adjudicatory hearing required for a 19 construction permit and for aspects of the construction 20 permit under the Atomic Energy Act. 'There is no 21 requirement to get a construction permit under the 22 Atomic Energy Act before proceeding with the activities 23 that the Applicant would want to proceed with at this
( 24 time.
25 The argument is made that NEPA, nonetheless,
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ALDERSON REPoRDNG COMPMY,INC, a
400 V>RGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345 '
10 1 requires a hearing in this instance. We simply do not 2 read NEPA that way. NEPA requires a hearing only where r 3 there is a proposed action and the normal agency review 4 process on that proposed action requires a hearing. In 5 this instance, the normal agency review process is the 6 exemption process under 50.12 ohtheCommission's 7 regulations, and there is no hearing requirement.
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8 So we do not believe that putting those two
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9 s ta tu te's o t g et he'r creates the persuasive argument that a 10 hearing is required. I think, essentially, the view of 11 this office is the proposition that NEPA does not change 12 the Atomic Energy Act. NEPA is an additional 13 requirement upon the Commission.
(
14 The Atomic Energy Act, before NEPA, did not 15 require that a construction permit or even a partial 16 construction permit, such as an LW A, be granted in order 17 for these kinds of site clearing activities to be 18 initiated. The passage of NEPA does not change the i
19 Atomic Energy Act in that regard. Therefore, the Act as 20 originally interpreted remains as we in terp ret it, and 21 there is no hearing requirement under the Atomic Energy 22 Act.
23 Let me sake one furthe;r point. The argument 24 is made by the petition that this is a license within 25 the mesning of the Administrative Procedure Act, and
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i ALDERSoN REPCRTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTON, D.C. 20024 (202) 554 2345 _
11 1 that the Atomic Energy Act says that in any proceeding 2 under this Act for the granting of a license, there
< . 3 shall be a hearing. Whereas there has been some t
( -
4 difference of opinion, many have interpreted that 5 particular sentence I have just quoted to mean an 6 adjudicatory hearing.
7 First of all, I do not read that sentence of 8 the Act as requiring an adjudicatory hearing. Secondly, 9 even if" I"did ," the requirement for a hearing on the 10 granting of a license is a license within the meaning of 11 the Atomic Energy Act. It says, "in any proceeding 12 under this Act for the granting of a license, there 13 shall be a he,aring," let's assume that it is an 14 adjudicatory hearing, as I said before, what_is- T-~
. 15 happening in this exemption request is not a proceeding 18 for the granting of a license under the Atomic Energy 17 Act.'
18 CHAIRMAN PALLADINO: I would still propose 19 that we adopt the order as modified with this paragraph, 20 but let's not make a commitment with regard' to this 21 motion and request, and that as part of the order we put 22 out the schedule without the X-pluses, just the dates.
23 The change being that the Commission Order and Request
( 24 for comments would be issued today, rather than 25 yesterday, and that it would be targeted for a
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- ALDERSoN REPORTING COMPANY. INC.
a 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 '
18 1
Commission discussion and voting on August 5.
2 COEMISSIONER EC3ERTS: Do we all support
, 3 that.
(
4 CHA .sHAN PALLADINO: I certainly would, I 5 proposed it.
6 COMMISSIONER ASSElSTINE: With respect to th e 7 schedule, I don't have objections to that proposed .
8 schedule. But, as you and I had discussed briefly 9 before~,'I thinf we ought to make sure that we have a
. 10 schedule that everybody feels is acceptable f rom his 11 standpoint.
12 John, I know you have he.d a slightly revised 13 schedule.- I just want to make sure. I think everybody
(
ought to be comfortable with the schedule we have.
14 15 COMMISSION.ER AHEARNE: My suggestion in the 1a revision was because the original draft schedule had 1h events happening so many days af ter receipt of the DOE 18 application. Since, at least I did not get the second 19 half of the DOE applications until Tuesday, and the 20 dates X plus seven, etc., didn't track.
l 21 I noticed the schedule here is Commission 22 . Order and . Request for comment, issues include Commission 23 questions, if any, I do have thgee or four questions
( 24 that have come to me in reading through those. I .
25 noticed in reading the thing that just came on Tuesday, l
ALDERSoN REPCRTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. O.C120024 (202) 554 2345
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the Applicant's memorandum in support of request to 2 conduct site preparation activities, they made reference 3 in this request to the Environmental Impact Statenent 4 Supplement, which I then had to request and just got.
5 I have attempted to skim that last night, and 6 I think I only have one other question on the basis of 7 that. But I would say that the best I can do is Monday 8 morning, getting those questions out.
g
~~~ CHAIRMAN PALLADINO:
, We could also have the 10 questions go out later.
11 COMMISSIONER ASSELSTINE: We have to make sure
, 12 tha t we do provide a reasonable opportunity for people 13 to review the questions and be prepared to address them
(-
14 in their comments. That is the important thing.
15 CHAIRMAN PALLADINO: Our problem is that we 16 have such a small window in August in which we seem to 17 get all the Commissioners together. I was trying to get l
18 the time-clock started, so that people can start to get
- 19 . their commen ts in. -
20 Even putting Jc out today, the 9th, it would 21 be a 13-day comment period. If we put it out Monday, it 22 would be 1.0-da y commen t period, if we wanted the i
23 comments due by the 22nd.
(_ 24 COMMISSIONER AHEARNE: It is possible to, shift 25 toward the end of' August, as opposed to the beginning of
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ALDERSON REPORTING COMPANY,INC, 4
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. - 14 1 August.
2 CHAIRMAN PALLADINO: Except that then we start 3 running into other problems on whether all the 4 Commissioners would be here.
5 COMMISSIONEiR AHEARNE: At the end of August?
6 I thought we were all here at the end of August.
7 COMMISSIONER ROBERIS: I am not.
8 COMMISSIONER AHEARNE: At the end ?
9 " COMMISSIONER ROBERTS: I am going to your 10 friend's course.
11 COMMISSIONER AHEARNE: When do you get back?
12 COMMISSIONER ROBERTS: The 9th.
13 COMMISSIONER AHEARNE Then it is the
(
14 beginning of September.
15 CHAIRMAN PALLADINO: I think we ought to try te to move this one way or the other.
17 COMMISSIONER AHEARNE: I would expect my 18 questions, which are obviously addressed to DOE, it may 19 or may not take them very long to answer them. They 20 shouldn't. 3 21 CHAIRHAN PALLADINO: I would suggest that we 22 let the order go out on the 9th. Then, any Commission 23 questions can go out Monday. It, leaves the people who 24 are going to comment on the basic petition time to 25 comment, without curtailing, and still give you time to Ai.DERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 " ~ '
, 15 1 get your questions out.
2 COMMISSIONER AHEARNE: As long as you are 3 villig to give the people a chance to answer the 4 questions.
5 OHAIRMAN PALLADINO: If they don 't answer the 6 questions, we don't proceed down the schedule.
7 COMMISSIONER AHEARNE: It is all righ,t with 8 m e.
9 ~~ " COMMISSIONER GILINSKY: Where does that leave 10 you?
11 CHAIRMAN PALLADINO: It leaves me, I believe 12 --
Incidentally, when I put this X and X-plus-10, that 13 was gratuitous information to tell yqu how many days "had
['-
14 ensued. It was not a requirement that that many days
( 15 ensue.
16 COMMISSIONER ASSELSTINE: So what you are 17 proposing is to issue the crder today, July 9th, then 18 the questions July 12th. Then the comments due 10 days l gg after'that, which would be the 22nd.
20 CHAIRMAN PALLADINO: We would add the step of 21 July 12th, Commission questions issued.
22 COMMISSIONER GILINSKY: Ten working days.
23 COMMISSIONER ASSELSTINE: It is ten calendar
,( 24 days.
25 CHAIRMAN PALLADINO: The Commission order and
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- 1 request for comments on that order still would have 13 2 days., The period for answering the questions would be
,- 3 reduced to ten days. .
4 COE.tISSIONER ASSELSTINE: Yes.-
5 CH AIRM'AN P ALLADINO: OPE-0GE analysis and 6 comments on the 28th, o~ral presentation on the 29th, and 7 Commission discussion and vote on the 5th. ~-
8 COMMISSIONER AHEARNE: With the understanding tha't 'lf the ' schedule gets affected by either Len's
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9 10 analysis which is going to be coming in with r,espect to 11 the petition, and if we were to modify, if that were to 12 be persuasive to the majority of the Commission, --
13 CHAIRMAN PALLADINO: It would change this 14 order. --
15 CONEISSIONER ASSELSTINE: In fact, either way, 16 if we reacted favorably to either part of that petition, 17 then this schedule would no longer have any effect.
18 COMMISSIONER AHEARNE: If the Applicant or 19 commenters, the Applicant primarily, has difficulty in 20 addressing the questions, the schedule may also have to 21 be changed.
22 COMMISSIONER ASSELSTINE: Tha t is right.
23 CHAIRMAN PALLADINO: If he doesn't get the
( 24 questions in by the 22nd, the way I would interpret 25 this, we can't meet the schedule.
ALDERSON REPCRTING COMPANY,1NC, 400 VIRGINIA AVE., S.W WASHINGTON, D.C. 20024 (202) 554-2345 * '
17 1 COMMISSIONER AHEARNE: I assume that either no 2 one else has any questions, or those questions will be 3 available on Monday.
4 CHAIRMAN PALLADINO: That is correct.
5 COMMISSIONER AHEARNE: I guess all of you read 8 a lot f aster than I do, then.
l 7 (General laughter.)
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8 COMMISSIONER ASSELSTINE: Or slower.
9 ~~' CHAIRNAN PALLADINO: How do you come down, 10 Jin? ,
11 COMMISSIONER ASSELSTINE: I am prepared to 12 agree to that.
13 The only other question in my mind is, do Ve
(' .
14 vant to decide now how to deal with the motion for I 15 summary denial. That is, do we deal with that at our .
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18 pace after today, after ve receiv,e Len 's ad vice , or do
. 17 ve want to make tha t a part of what we are considering 18 is pa rt of this process.
19 CHAIRMAN PALLADINO: I will make a 20 suggestion. I think we ought to deal with' the motion 21 and request as soon as OGC has the opinion, and the 22 Commission.is ready to vote. In other words, I think we 23 ought to try to do it possibly next week, just using
( 24 that as a for example.
25 COMMISSIONER AHEARNE: I think we ought to l
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ALDERSON REPORTING COMPANY,INC, a
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18 1 recognize that we are basically -- I am willing to do it 2 because, in the absence of seeing what Len is going to 3 say, I come out there anyway. We are basically agreeing 4 with Len on his first point.
5 Ihe second point, the form of the hearing, 6 adjudicatory versus not, we can modify at a later 7 stage.
8 COMMISSIONER ASSELSTINE: That is true.
l 9 ' COMMI'SSIONER AHEARNE: But we have to .
10 basically f eel that he is going to prevail in his 11 argument on the firs t part, or else we wouldn't do 12 this. .
13 CHAIPMAN PALLADINO: Yes.
(.
14 MR. BICKWIT: But if you ultimately decide 15 that that ad vice is ill-advised.
16 COMMISSIONER AHEARNE: Sure.
17 MB. BICKWIT You can simply stop the 1
18 proceeding. .
l 19 COMMISSIONER AHEARNE: Of course. But if we 20 felt that it was more likely that the petitioner would 21 prevail on that, then we ought not to go ahead. I don 't 22 . think they will prevail on that, so I am illing to go 23 ahead. ,
( 24 CHAIBMAN PALLADINO: Vic.
25 COMMISSIONER GILINSKY: If the majority wants
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l ALDERSON REPORTING COMPANY,INC,
_400 VIRGIN!A AVE, S.W., WASMNGTON;D.C. 20024 (202) 554 2345 ___. _ __ _ _
19 1 to meet on August 5th, I will be here on August Sth.
2 CHAIRMAN PALLADINO Do I gather we have five
- 3 votes to proceed with issuing the order with this 4 paragraph in it, with the schedule modified to show July 5 12 for Commission que'stions, and this provides for a 6 13-day comment period or 14-day comment period, with the 7 understanding that when we act on the NRDC/ Sierra Club 8 petition and request, if it requires a changu in the 9 schedule,'a change vill be made.
10 COMMISSIONER AHEARNE: I would strike the 11 first line.
12 CHAIRMAN PALLADINO: It is not absolutely essential that we have that.
'13
(
14 I understand there are five votes to the issue 15 the order, is that correct?
l 16 COMMISSIONER ASSELSTINE: Yes.
17 CHAIRMAN PALLADINO: Is there anything more 18 that we need to do on this?
19 (No response.)
20 CHAIRMAN PALLADINO: Thank you. 'We vill stand 21 adjourned.
22 (Whereupon, at 4:20 p.m., the Commission 23 adjourned.)
24 ,
25 l
l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON,0.C. 20024 (202) 554 2345
NUCLEAR REGULATORY COMMISSION This is to certify that the attached proceedings before. the
'- ( e COMMISSION MEETING in the ::2atter of: PUBLIC MEETING - Briefing on Clinch River Breeder Reactor Date of Freceeding: July 9, 1982 Decket Number:
Place cf Proceed.ing: Washington, D. C.
were held as herein appears;; and that this is the original transcript thereof for the file of the Cec:missicc , .
Patricia A. Minson Official Reporter (Typed)
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