ML20057E539

Atomic Safety and Licensing Board Panel Annual Report.Fiscal Year 1992

ML20057E539
Person / Time
Issue date:	09/30/1993
From:	Cotter B Atomic Safety and Licensing Board Panel
To:
References
NUREG-1363, NUREG-1363-V05, NUREG-1363-V5, NUDOCS 9310120269
Download: ML20057E539 (43)

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i NUREG-1363 Vol. 5 ATOMIC SAFETY AND LICENSING BOARD PANEL ANNUAL REPORT FISCAL YEAR 1992 i

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September 1993 l

U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555-0001 i

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PDR NUREG 1363 R PDR 8

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AVAILABILITY NOTICE Availability of Reference Materials Cited in NRC Publications i

Most documents cited in NRC publications will be available from one of the following sources:

1.

The NRC Public Document Room, 2120 L Street, NW, Lower Level, Washington, DC 20555-0001 1.

2.

The Superintendent of Documents. U.S. Governr.ient Printing Office, Mail Stop SSOP, l

Washington, DC 20402-9328 l

3.

The Nationa. Technical information Service, Springfield, VA 22161 e

Although the listing that follows represents the majority of documents cited in NRC publica-tions, it is not intended to be exhaustive.

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence and intoma! NRC memoranda; NRC Office of Inspection and Enforcement bul:etins, circulars, information notices, inspection and invosti-gation notices: Licensee Event Reports; vendor reports and correspondence Commission l

papers; and applicant and licensee documents and correspondence.

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The following documents in the NUREG series are available for purchase from the GPO Sales

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Program: formal NRC staff and contractor reports, NRC-sponsored conference proceed-1 ings, and NRC booklets and brochures. Also available are Regulatory Guidos. NRC regula-tions in the Code of Federal Regulations, and Nuclear Regulatory Commission issuances.

l Documents available from the National Technical Information Service include NUREG series l

l reports and technical reports prepared by other federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission, Documents available from pubFc and special technical libraries include all open literature items, such as books, journal and periodical articles, and transactions. Federal Register notices, federal and state legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations, and non-NRC l

conference proceedings are available for purchase from the organization sponsoring the publication cited.

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l Single copies of NRC draft reports are available free, to the extent of supply, upon wotten request to the Office of information Resources Management, Distribution Section, U.S.

l Nuclear Regulatory Commission Washington, DC 20555-0001.

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Copies of industry codes and standards used in a substantive manner in the NRC regulatory l

process are maintained at the NRC Library, 7920 Norfofk Avenue. Bethesda, Maryland, and are available there for reference use by the public. Codes and standards are usually copy-i righted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards institute,1430 Broadway.

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New York, NY 10018.

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NUREG-1363 Vol. 5 ATOMIC SAFETY AND LICENSING BOARD PANEL ANNUAL REPORT FISCAL YEAR 1992 4

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September 1993 U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555-0001

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i ABSTRACT i

In Fiscal Year 1992, the Atomic Safety and Licensing Regulatory Commission. This report sets out the Paners 4

Board Panel ("the Panel") handled 38 proceedings. The caseload during the year and summanzes, highlights. and cases addressed issues in the construction, operation, and analyzes how the wide-ranging issues raised in those pro-m:intenance of commercial nuclear power reactors and ccedings were addressed by the Panel'sjudges and licens-l other activities requiring a heense from the Nuclear ing boards.

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CONTENTS Page iii ABSTRACT.

sii EXECUTIVE

SUMMARY

Overview.

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Docket Data....

sii Admmistration.

The Panel's Electronic Docket...

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INTRODUCTION 11.

PANELJURISDICTION..

3 III. SIGNIFICANT DECISIONS 5

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Antitrust Decisions 5

Civil Penalties 5

Due Process in NRC Enforcement Actions 5

Intervention in NRC Proceedings 6

IV. CASELOAD ANALYSIS.

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Oversiew 7

The Fiscal Year 1992 Docket.

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Types of Cases.

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Case Management..

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PERSONNEL AND SUPPORT 11 Panel Members 11 Professional and Support Staff 11 11 Technical and Legal Support Staff...

Administrative Support Staff...

11 VI. ENHANCING THE ADJUDICATORY PROCESS.

13 13 General The Electronic Docket.

13 13 Hearing Procedures...........

Coordination With the Office of the Licensing Support System Administrator 14 i

14 Agency Court Reporting Services...

17 VII. CONCLUSIONS.

Appendices 21 A Organizational Chart 23 B

Atomic Safety and Licensing Board Panel Fiscal Year 1992.

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Biographical Sketches of Panel Members t

D Selected Issuances of the Atomic Safety and Licensing Boards.

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Major Federal Statutes and Regulations Relevant to ASLBP Adjudications.

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NUREG-1363. Vol. 5 i

Tables l

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Fiscal Year 1992 docket recapitulation.......

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2. ' Panel caseload by fiscal year.

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Average caseload per full-time judge / full. time panel member....

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1992 Panel caseload..

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Average case age by typeloverallin FY 1992.

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Average case age for past 5 years 9

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Months FY 1992 cases were on docket.

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Figures 1.

Fiscal Year 1983 caseload mix by percent.

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Fiscal Year 1992 caseload mix by percent..

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Fiscal Year 1993 projected caseland mix by percent.

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Fiscal Year 1994 projected caseload mix by percent.

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i EXECUTIVE

SUMMARY

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Overview Caseload per Judge-The average caseload per full-time judge (of 5.3 cases) was about the same as in 3 of the 5 The Fiscal Year 1992 caseload focused on issues arising presious years.

out of the continuing operation of more than 111 nuclear f

power plants or related facilities, and programs related t Completed Proceedings-Of 38 proceedings on the 7,000 nuclear materials hcensees and other nuclear h-docket during the year,24 percent were closed within 6 censes. Unlike the preceding decades at the NRC where Inonths from the time they were first docketed and 45 the caseload was dominated by construction and operat-percent were closed in less than 1 ear.

3 ing license proceedings for new nuclear power reactors, the 1492 cases reflected the kmds of disputes that arise l

from the regulation of a newly matured industry.

Adm.. trats.on mis Docket Data starting-ouring the fiscal year, one full-time judge (le-gal)left the Panel, one part-time judge (legal) became a i

Case Age-The average age of all cases on the docket full-time judge, and one health physicist was ailded to the during the fiscal year (as of September 30.1992) was 11.7 Ibnel as a full-time judge.

i months This case age was a substantialimprovement over the previous 4-year average of 17.1 months.

Case Filings-The number of new cases filed in Fiscal Tlie Panel's Electronic Docket Year 1992 was less than in 1991, but was about the same as in 1989 and 1990.

De Panel has completed a study of a personal computer-based full-text system to replace its INQUIRE system.

Caseload-Of the 38 cases on the Ibnel's docket for Fis-The new system will be PC LAN-based using Personal cal Year 1992,17 invoh ed nuclear power plants or related Librarian Software and will represent a potential annual facilities and 21 involved other Commission heensees.

cost savmgs for the Panel of $30.000 to S40.000.

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1. INTRODUCTION i

Adjudicatory hearings under the Atomic Energy Act af resenting approximately 45.832 net megawatts of electric-1954, as amended, are conducted by licensing boards or ity or 46 percent of all electrical generation by nuclear presiding officers drawn from the Atomic Safety and Li-means.

i censing Board Panel. A total of 628 cases have been filed since the first licensing board case began on November 9, 1962.

During the late 19SO's, the Panel began moving away Panel hearings often are the principal public admmistra-from the construction permit and operating license pro-tive vehicle through which individuals, organizations, and ceedings for nuclear reactors. The enforcement proceed-State and local govemments can exercise an equal voice ings, license amendment proceedings, materials license in the resolution of their concerns about regulated nu-proceedmgs, and site decontamination proceedings that l) clear activities. Panel hearings have been characterized as took their place continued to raise difficult and some-among the most complex, lengthy and controversial ad-times unexplored questions of law and science, in the ministrative proceedmgs conducted by the Federal Gov-near future, a new influx of complex and highly contested t

ernment, routinely invoh-ing difficult interrehted ques-cases is expected invohing license renewal, new reactor tions of policy, law, engineering. and risk assessment design certification, licensc applications for new reactors, which are often on the cutting edge of science and tech-and site decommissioning which should be at least as t

nology. In these hearmgs, licensin_g boards and presiding challenging as the earlier reactor cases. In addition, the officers must not only resolve disputes among the parties, Department of Energv has begun work on the Yucca j

but also assure that public health and safety interests are Mountain. Nevada site which will lead to thc high-level fully explored and effectively preserved.

waste reposnory proceeding that is to be held by the Panel, a case that could become one of the most complex Construction permit and operating license hearings for and controversial administrative proceedmgs ever con-commercial nucle:.r power reactors dominated the Pa.

ducted by the Federal Government.

el's hearing docket from the 1960's through tne mid-1980's. In the past decade, licensing boards author-ized or facilitated the issuance of full-power operating licenses for 44 commercial nuclear power reactors.1 rep-In Fiscal Year 1992, the Panel handled 38 cases. 'Ilis i

report summarizes, highlights, and analyzes how the 3'

rThese units include Beaver Valley 2. Braidwood, Byron 1 and 2, Cal-wide-ranging issues raised in these proceedings were ad-tboka yo"n1 n[2Sr rn i2NandSNfYan52Ine"r,1fe dressed by the boards and the judges of the Panel during I

Point 2 PaloVerde 1.2.and 3. " ay 1 and 2. River Bend 1, San Onofre the year. This repon also addresses the present status of l and 2. seabrook.shoreham L 5t. Lucie 2, vo;;tle l and 2.waterford the Panel recent adjudicatorv developments at the NRC, 3,and Wolf Creck 1. Shoreham 1 was bcensed but not operated, soits output is not included :n then total generation ficures.

and present and projected future cascioads.

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II. PANEL JURISDICTION Contested hearings at the Nuclear Regulatory Commis-ergy Policy Act,in 1992, formal hearings were required to sion are conducted by members of the Atomic Safety and be held on every application for a construction permit for Licensing Board Panel. The agency's regulations provide a nuclear power plant or related facility. Operating li-the opportunity for numerous types of hearings. Sec, gen-cense hearings could be held if requested by qualified crally, Appendix E. These heanngs include:

parties.

License Amendment llearings-Affected parties may Reactor Liceusing Ilearings-The Atomic Energy Act of challenge proposed license amendments for n uclear reac-

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1954, as amended by the Energy Reorganization Act of tors. If the public health and safety warrants, hearings l

1974 and the Energy Policy Act of 1992, and its imple-may be required to be held before the license amendment menting regulations ("the Act") require that a hearing be is allowed.

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held on every application for a combined construction 3

permit and operating license for a nuclear facihty that Materials License IIcarings-Hearings may be con-produces electric power. The combined hearings provide ducted to contest NRC licensing actions invohing the 4

an opportunity for affected individuals and organizations commercial use of nuclear materials. Included in this J

to raise health, safety, and antitrust issues. Post-category are licensing actions invohing the manufacture.

I construction hearings on combined licenses are allowed treatment, disposal. or storage of radioactive materials l

l under limited circumstances when the facility's accep-and the commercial use of radioactive source terms used tance enteria have not been met and there is no :cason-in such fields as nuclear medicine, welllogging, and radi-

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able assurance of adequate protection. Prior to the En-ography.

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.ludges Morris,Isollwerk, and Carpenter Presiding at Alabama Power Enforcement 11 earing 2

3 NUREG-1363, Vol. 5 i

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Enforcement Hearings-Hearings are available to indi-mented by the Commission's own rules of practice set out viduals, employees, licensees. contractors. subcontrac-at 10 C.F.R. Part 2. Formal proceedmps consist of the tois, and vendors for contestmg penalties (ranging from traditional procedures used in non-jury Federal court monetary fines and civil penalties to facility shutdown and cases includmg pre-trial discovery between the parties license revocation) brought agamst them by the NRC and formal trial procedures at thc heanng. Formal proce-staff for alleged infractions of NRC regulations.

dures traditionally have been used at the NRC in cases involving the licensing of reactors and for enforcement Commission Requested Hearings-Hearings c;m be con-proceedmps brought by the agency against individuals and dacted for any nuclear-related matter that the Commis-licensees.

sion directs be heard. For example, although heanngs are not required under the Administrative Procedures Act Informal heanng procedures are authorized m matters for agencv rulemaking, recently promulgated Pan 52 of affectmg one of the NRC's more than 7.000 matenals the NRC's regulations provides for a heann; opponunity licensees. While the deliberative process for judges re-to centest ruiemaking for the dest;n certification of new mains the same under either type of hearing informal rcactors. See 10 C.F.R. 52.51.

hearings involve significantly ifferent procedures for de-veloping the record upon u hich decisions must be based.

Hearings Insohing Personnel Matters-Hearing also The principal dtfferences mclude the use of a presiding may be conducted by Panel rnembers f or cases involving officer (a single admmistrative judge 2), wntien submittals non-nuclear related activities. These include employee by the parties instead of a hearing on the record, and,if gnevance and Equal Emplojment Opportumty cases con-the presiding officer determines it to be necessary after cernmg employee opposition to agency personnelaction.

considering the wntien submittals, oral presentations by Hearings also are available for individuals to contest the parties subject to questioning by the pr esiding officer.

agency action mvolvmg fraudulent claims brought under the Prograrn Fraud Civil Remedes Act of 19S6.

2As a matter of Panel practice, an Atomic Safety and Licensmg Ikiard Hearings at the NRC may be either formal or informal.

Panch AStEP) judge tuung expertise o c. icpt or techmcancompic-The Panel's formal Eroceedings are governed by the Ad-

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proceedmt as a rpecial mtstant to assure that the presidmp otheer has ministrative Procedure Act. 5 U.S.C. 551.ct Seq. as imple-tbc experiise necessary for a to:1y mformed deemon.

J NUREG-1363. Vol. 5 4

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1 III. SIGNIFICANT DECISIONS Dunng I'iscal Year 1992. the Panel's boards and pr esiding (paperwork discrepancies and management inattention officers published 28 decisions and issued several hun-to detail) and the more-serious violations were first of a dred memoranda and orders in connection with the 34 kmd. Ilecause the staff failed to dtffer entiate between the proceedings on the Panel's docket. See Appenda D.

seriousness of the different siolations and based the pen-Some of the more significant of theseformalissuances are altis escalation on the wrong violation, the board re-summarized below.

duced the penalty frem 75 percent to 20 percent. Tulsa Gam na Rar. IBP-91-40,34 NRC 247 (1491K AlltilfllSt I)eciSiolls Another case involved the revocation of a radiography company's license because of the de hor csty of its prest-A license amendment applicanon to delete the antitrust dent. This official had lied to NRC inspectors and partici-license conitions for the Perry Davis-liesse nuclear faci!-

pated in document falsification. 'Ihe licensme board ity produced several important rulings. One involved the found the extreme sanction of license revocalidn to be frequently litigated issue of NRC junsdiction over anu-appropriate because of the need for the NRC to rely on trust matters. The City of Cleveland, Ohio, which was the intepnty of licensees. The board also concluded'that opposing the license amendment application. contended the NRC is authenzed to consider a manacer's character that the NRC does not hase jurisdiction to delete anti-and intecrity m decidme w hether to revoke a license, and trust beense conditions once they are made part of a that candor' and honests are especially imponant cle-

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license.The licensmg board held that although NRC anti-ments of character. AMm 5;> coal:ss.1nc., LilP-92-25 trust jurisdiction generally ends after an operating bcense (Sep" mber 8.19921 is issued, the NRC has continuing authonty over the life of a license to amend antitrust hcense conditions, if justi-Due Process in NRL, E,nforcenlellt fled. which are requested by a licensee. The board rea.

soned that the narrow authonty accorded the Commis-Actions sion under AEA sectio.: 105c does not circumscribe the Commission's mor e pencral authontv under AE A section There were several important decisions during 1992 in-189a to amend a facihtv license. C/c[cland E!ccrric1!!umi.

mlving the issue of due process in NRC enforcement narmq Compann et u!. iPerry Davis-Besse Nuc! car Facil_

actions. One decision concerned the failure of a small itv). 'IBP-91-38. 34 NRC 229 (1991), afd CLI-92-11 radiography company to comply with the prescribed for-

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(August 12, 1992).

mat for NRC adjudicatory pmceedings by failtng to fur-nish transcript citations in its proposed fmdings.The com.

In another Perry Davis-Besse ruhng, the licensm; board pany had not used transcripts due to their high cost.The acted on an untimely petition by the Department of Jus _

licensing board allowed the fmdings to be filed because tice to appear as a panyin a license amendment proceed-there was no NRC public document room feasibly located ing.The board held that although the Department has an for the company to obtain free transcripts. The board absolute right to participate in antitrust operating license reasoned that there is a difference between those pro-and construction permit proceedines, it must meet the ceedings w here inten enors elect, on their own, to partici-same standards for intervention as any other partv in pate and proceedings where staff acts against a licensee's other NRC proceedmps. The board found, however, that propeny interests. According to the board, licensees must in this case the Department met the standards for late-be allowed to participate in proceedings to defend vested filed intervention. Id.

property interests, and, if they show that they cannot comply with all of the technical requirements. then boards should use their best efforts to understand and Civil Penaltles rule on the merits of the claims presented. ruzsa camma Rav,Inc., LIlP-91-40,34 NRC 297 (1991).

Several important decisions were issued dealing with es-

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calated enforcement actions agamst nuclear bcensees.

Another case involved the revocation of a Missouri radi-One was a 56,750 civil penalty against an Oklahoma radi-ography company's license. An issue was the burden of ography company. The penalty consisted of nine dtffer ent proof staff must meet to show that license revocation was violations that were aggregated into a Severity Level III justified. Ihstorically, the burden of proof in NRC pro-violation and then escalated by 75 percent. The escalation ceedings has been the " preponderance of the evidence" was based on the company'salleged pnor notice of similar test, although a " clear and convincing ~ test has been used events and pnor poor regulatory performance. The li-on at least one occasion. The radiography company censing board found this escalation to be excessive since claimed that staff's burden here should be a " clear and the past prior notice and prior poor performance relied convecing" test because an extreme sanction (license x

on by staff were related to the non. serious violations revocation) was bemp imposed. 'Ihc licensing board held 5

NUREG-1363. Vol. 5

that the " preponderance of the evidence ~ test was appro-ment does not increase the risk, if the amendment does priate because the public interest weighs against changing not entirely remedy the situation. Nonheast Nuclear En-the standard of evidence to protect a licensee whose ac-crgy Company (Millstone Nuclear Power Station, Unit 2).

tions could have serious safety repercussions. Piping Spe-LBP-92-17 (July 29,1992): LDP-92-2S (September 30, cialists. Inc., LBP-92-25 (September S.1992).

1992).

In a third proceeding invohing due process, a licensin?

Another standing case during the year involved discre-board accepted a settlement agreement between the staff tionarv standing to intervene. In Envirocare of Utah. Inc.,

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and the New York Power Authority for the FitzPatrick LBP-92-7,35 NRC 167 (1992), a licensing board found nuclear facility. He settlement established a drug testing that a potential customer of a Utah uranium and thorium l

schedule for an employee who was not admitted as a pany disposal site lacked standing on its own right to intervene.

I to the proceeding, but who was involved in a separate The board next considered whether discretionary stand-NRC proceeding brought by the s'aff against him involv-ing should be granted. Discretionary standmg here would ing the same matter. Although not a party, the employee have been precedent setting since such standmg had only challenged the settlement in this proceedmg. The licens-been granted in the past when there was an ongoing ii.g board held that it had no authority to alter the provi-proceeding. Although the board decided that it was not sions of the program agreed to between staff and the barred from granting discretionarv standing, it concluded licensee. However, the board went on to rule that the that some discernible public interest in holding a hearing employee could try to establish in his own proceeding that first must be established. The board found no such public a more lenient testing schedule be imposed than that interest in this instance.

agreed to in the settlement. New York Powr Au: hon:y (FitzPatrick Nuclear Power Plant). LBP-92-1,35 NRC 110992K A third intervention case pertained to the filing of peti-tions for intervention and requests for hearings. In a ma-terials license amendment proceeding conducted under intervention in NRC Proceedings the informal rules of 10 C.F.R. Part 2. Subpart L, involv-ing the decommissioning of the Apollo fuel fabncation Several significant Fiscal Year 1992 decisions dealt with facility in Pennsyhania, a local organization and several intervention in NRC proceedings. In a proceeding involv-intervenors attempted to supplement their hearing re-ing the Millstone facility, a local organization challenged quests. The presidmg officer concluded that these peti-a license amendment application to reduce the storage tioners did not have an automatic right to amend or sup-capacity of a nuclear reactor's spent fuel pool. The plement their petitions as they would in a formal amendment would not have increased the risk to nearby proceeding held under Subpart G of 10 C.F.R. Part 2. He residents because the poors capacity was being reduced.

found, however, that he had the discretion under Subpart The petitioning organization claimed the license amend-L to permit supplementation, at Icast until such time as a ment did not go far enough and there would still be an final decision was made on the sufficiency of the hearing adverse safety risk to the public. The licensee, on the request. He thus allowed the petitions to be supple-other hand, contended that there was no standing to in-mented because it materially aided him in determining tervene since standing requires injury in fact, and there whether the petitioners had standmg to contest the pro-was no such injury here because the license amendment posed action and whether they had presented litigable was net increasmg the risk. The licensing board found issues. Babcock & IU!cox (Apollo Facility), LBP-92-24 there is standing to intervene, even if a license amend-(September 4,1992).

NURiiG-1363. Vol. 5 6

IV. CASELOAD ANALYSIS Overview Tabie 2. Panei caseioad by riscai 3 ear During Fiscal Year 1992, the Panel had 3S proceedings on Fiscal Year No. of cases its docket. Of these 3S proceedings.17 mvolved nuclear power plants or related facilities and 21 in"olved other 198S 6

Commission licensees. 'Ihe caseload continued to reflect

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a trend, beginning during the late 1980's. toward more 1990 focused proceedings of a greater technical and legal di-

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(~ g construction permit and operating license proceedings for nuclear reactors did not dominate the Panel's docket.

Tile Fiscal Year 1992 Docket Table 3. Average cascioad per full. time judge /

In Fiscal Year 1992, as shown in Table 1,18 new cases were docketed and 22 cases were closed. For proceedmgs en the dock.et that required the submittal of contentions.

A3erage no. of the Panel or parnes resolved 75 percent of all these con-Fiscal Year cases perjudge*

tentions before hearmg.

19S7 5.4 198S 6.2 Table 2 shows the Panel's caseload during the past 5 years. The total number of cases on the docket dunne 1989 54

' Fiscal Year 1992 was approximately the same number a's 1990 5.9 in Fiscal Years 1989 and 1990. However,1992 had 10 less 1991 6.S 199' i3 cases than in 1991 and it had 22 percent less cases than had been projected. The projected 1992 caseload faded to materialize becaase of a lack of remanded cases durino 7he fpe represents an acNat count of cases. incbdmg thosc on u hich the year (in the 4 previousyears, there was an average of b Nn[cYal$r$"

remanded cases each year on the docket). 4 less hcense amendment cases than projected, and the postponement, delay, or cancellation of expected standard design certifi-cation and plant license extension cases. The 1992 short-Types of Cases

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fall is not expected to continue indefinitely.

The Panel's 1992 caseload followed the trend. begun in Even though 1992 had fewer cases than expected. Table 3 the late 1980~s, of cases primarily concerned with NRC shows that the full-time judges' caseloads in 1992 were enforcement actions, materials licensing actions, and ac-approximately the same as their caseloads in three of the tions pertaining to the regulation of nuclear reactors that five previous years.

have been licensed and operating.This caseload differed significantly from the three previous decades which were dominated by construction permit and operating license proceedings for licensing new reactors. Table 4 sets out the number and types of cases that were on the Panel's Table 1. Fiscal Year 1992 docket recapitulation 1992 docket.

Status of cases Date No. of cases The difference in cases between the earlier era, domi-nated by construction permit /opemting licensing, and the Pendmg 10/01/91 20 present era is graphically demonstrated by comparing Docketed FY92 18 Figure 1. depicting the caseload mix for 19S3, with Figure Total FY92 38 2, representing the caseload mix for 1992. In Fiscal Year 1983, construction and operating license proceedings ac-Closed FY92 22 counted for 62 percent of the Paners docket. Although Pending 10/01/92 16 license amendment proceedings constituted a significant 26 percent no signific:mt number of enforcement actions 7

NUldG-1363. Vol. 5

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Table 4.1992 Panel caseload a,r enctua.T

'I.ypes of cases No.

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Antitrust 1

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%p;.9;e;g Decommissioning 3

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Enforcement 18 cccosepm l

License amendment 7

d:M :( '3J[ gn Materials licenses 6

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Personnel matters I

uca.n unNovac N u ' MM E%S UcENSE Other 2

Figure 2. Fiscal Year 1992 caseload mix by percent were filed then. In Fiscal Year 1992, in contrast. there were no active operating license or construction permit proceedmgs. and enforcement actions and license amendment proceedings accounted for 65 percent of the docket. In 1992, enforcement actions. license amendment f ^ N tsti:nuc7 proceedings, and malcrials license proceedings together y/

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m accounted for approximately 82 percent of the docket.

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M g, De 1992 caseload pattern is expected to continue over

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ums the next 4 years with the possible gradual introduction of fpfQ 5

f proceedmps for extendmg the license of existing reactors 4 'Ch ;. ucEpaa ucum from 40 to 60 years, proceedings involving the site selec-CE *??"'"

2 xsOM e3 tion of new reactors, proceedings for licensing new reac-

,WY tors, and possible renewed proceedings for previously ucEnte gc m sT deferred construction permit (CP) and operating license (OL) applications. In addition beginning in 1994, role-Iagure 3. Fiscal T. car 1993 projected caseload m.ix by making proceedings are projected which will be held to percent certify the design of new reactors presently planned by the nuclear industry.

Figures 3 and 4 forecast the projected near-term Panel accounting for approximately 64 percent of the projected caseload mix for Fiscal Years 1993 and 1994, respectively.

Fiscal Year 1993 docket and 53 percent of the projected Just as in Fiscal Year 1992, enforcement and license 1994 docket.

amendment proceedings are expected to dominate the Panel's near.t erm docket, with these types of proceedings Preliminary projections for Fiscal Years 1995 through 1996 indicate that the Fiscal Year 1992 caseload mix will continue to be the baseload of the Paners docket. Ilow-ever, its relative importance may diminish with the intro-creamgxtsst duction of projected design certification, decommission-ing, and license extension proceedings.

Case Management

.N

'[e An important measure of the success of an adjudicatory ER cousin; TwcreT

=,Ah ::g program is the speed in which cases move from initial M

filing to final resolution. This is generally reflected by the N @r % y average age of the cases on the docket.The average case

&EcaL ucEnst puomutu r age for Fiscal Year 1992, as reflected in Table 5, was 11.7 months. This case age was a substantial improvement over the previous 4-year average of 17.1 months. See Figure 1. Fiscal Year 1983 caseload mix by percent Table 6.

NUREG-1363, Vol. 5 8

,p Historically, the numbers reflected in Table 6 for average Table 5. Aserage case age by type /merall in IT 1992*

number of months on the docket are somewhat mislead-ing because they have been inflated by the presence of a I.)T>es of cases Aserage (months) handful of proceedings characterized by late develop-ment of new issues. delavs in the issuance of cntical li-

~

Antitrust 16.0 censing documents, and delays sought by the parties themselves. If these delayed cases are exchided from the Decommissioning 3.0 Enforcement 15.4 calculations. the average age of cases durme the past few vears would drop signific mtly and wouki be only 8.1 1icensing mendments 6.1 inonths for Fiscal Year 1992.

Inials &cnses H.7 EEO matter 11) 5.0 The time savings for the recent cases, although in large Docket average 11.7 part owing to a reduction in the number of active operat-ing license proceedings and the long-term period associ.

" As crape age" means the number of months from the time a heensing board is first appomted (usuauv 30 to 60 davs af ter a heense apphca-ateo WIth those cases. also can be traced to the employ-non is formath dacketed > untillhe case is closed or the rnd of the fiscrd rnCnt of appropnatC Case manaDement tools. In recent year.u bictedr is car!ier. " Averagc ape ~ includes waitmg time result-

-vcars, licensm; boards and presidmS officers have been mg imm yvnmn fwwk r mv way f hearing docunients texcept sbere a bcensee has recuested that the ent;re proceeding be particularly effective in focusing on and efficiently resolv-suspended. for example. Washington Public Power Supply System.

inn disputed issues between parties, expeditmg schedules, wrPSS Nuclear Project No. 3L

• Average ape" does not mchide the arid encouraging the sett!cment of cases. See Section VI, m nat a me inay be pending on appeat mfra.

Table 6. Ascrage case age for past 5 3 ears The effective use of case-manacement tools is also re-flected in Table 7. In Fiscal Year 1992. 24 percent of the Fiscal Year Average case age (months)

Pancl's cases on the docket were closed within 6 months from the time they were first docketed and 45 percent 1988 18.1 were closed in less than 1 year.

1989 17.4

~

1990 19.2 1991 13.8 1992 11.7 UCEtCE AuEt4DMErc l

MK N

ucen:4r ucgsst /<h qhwm d

Table 7. Months FY 1992 cases were on dochet jd.g'M %g na 3

a vi y

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33 3 Duration of cases No.

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1 to 3 months 7

18 W:N 1:k NQk 4 to 6 months S

21

,7 7 to 9 months 5

14 10 to 12 months 5

13 Figure 4. Fiscal Year 1994 projected caseload mix by More than 12 months 13 34 percent f

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9 NUICEG-1363. Vol. 5

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1

V. PERSONNEL AND SUPPORT Panel Members Directed by the Chief Counsel. the staff proudes legal adsice, research capabihties. Opinion drafting, editing Commission appomiment of administrative judges to the senices, and support at heannps. It also supports the Panel is based upon the appomtee's recognized experj_

Chief Administrative law Judge with assistance on a ence, achievement, and independence in his or her field broad range of policy matters; provideslegal training and of expertise. Once appomted, judges are assigned, as keeps Panel members informed of imponant nuclear-cases arise, to indindual hcensine boards v.here their relat ed activities and legal proceedin gs: overse cs, wit h the professional expertise will assist in resolvmg the technical hcip of the Admmistrative Support Staff, the Paners and lega! matters lieh to be raised during the proceed.

legal' technical librarv: and participates in the evaluation inc.

of ec,mputer suppon appropnate to the conduct of adju-

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dicatort proceedmps.

The Panel has initiated an acuve program to establish rectsters of persons quahfied for appointment to the 13istorically, indnidual hcensing boards have obtained Pa'nelin the wide rance of disciplines required The Panel technical support from a Panel reactor safety engineer also provides extensNe traming for its judges in complex and an environmental hea!!h scientist. However. both techmcal areas and in the rapidh chancinn legal areas positions were vacated in 19S4 and have not been filled involved in nuclear law. his trainine Eill' continue to because of personnel ceiling limitations. During Fiscal ensure the necessary experuse to meeithe Commission's

'l cars 198S through 1990, technical assistance, particu-workload.

larly in physics and computer development, was provided by the Panel's Senior Technical Advisor. This position w s vaca ed in 1991 and has not been filled. Currently, the DuW Fid Year 1992, Judge John FrTe (Law)left the I anel uses Administrauve Judges (Techrucal), when they Panel and was replaced as a f. ll-ttme Panel judge by u

, to pc&nn th suppon Endons an a a

part-time judge. James P. Gleason (Law). Judge Thoma's D. Murphy (Health Physics) also jomed the Panel as a full-tirne judge. As of the end of the fiscaly car, the Panet Administrative Support Staf had availab!c a total of 40 judges (16 full-time and 24 part-time). Sec Append;x B.

I,r gram Supp rt-The Program Support and Analysis Staff (PSAS) assists management in planning, developmg and coordmatine policies and procrams to support the By profession, Panel j. dges mcluded 11 lawyers,10 pubh.c Paners mission.'The main areas of responsibilities in-u health and environment scientists,9 engineers 7 physi-clude budtet assistance, personnel, management of the cists, and a physicians. Collecuvely, the Panel s judges NRC court reporting contract (excludmg the reporting held 60 post-baccalaureate degreesin engmecring, scien-contract for the Office of the Secretary). labor relations, tific, or legal disciph,nes. Several part-ume members are professional senice contracts, paralecal senices, travel, or have been heads of depanments at major unhermies hearing space and facilitics, legal and technical library i

or national laboratories. As a group, they represent more support, adjudicatory file requirements, and a wide range l

i than nine centuries of expenence m the nuclear field. See of automated data processmg (ADP)senices.Sec Appen-l Appendo: C.

dix A. " Organizational Chart." The PSAS has also achieved significant accomphshments in designing and maintaining the Paners electronic docket using the mini-I3roi,essional and support stal.f.

computer isoulan and the PC version. Personal Li-branan Software.

Support for th e actmues of the Panel, indhidual h.censmg boards. and the Paners judges is structured along func-IMormation Processing Section-The Chief of the Infor-tional lines: ( 1) legal, (2) t echnical, and (3) administ rative.

mation Processina Section reports to the Director of The Chief Admmistrative Judge of the Panel manages PSAS.The section is responsible for supponing the Panel

~

and supenises these interrelated support actmues.

by developing and implementing the following senices:

(1) docket management senices; (2) adjudicatory data-Technical and Legal Support Stag base management using ADP systems on the mini-com-puter and personal computers: (3) general office support Legal support and aduce for the Panel and its 40 full-and services; (4) legal and technical library senices; and (5) part-time judges is provideo ey the Paners Legal Support ADP trainmp, research, development and assistance in Staff. The staff consists of the Paners Chief Counsel, a the use of specialized full-text database management sys-Staf f Senior Attorney, and seasonalinterns and law clerks tems and standard NRC-supported word processing, data who are added as required by the caseload.

processing, and communication software.

I1 N UREG-1363. Vol. 5

VI. ENHANCING TIIE ADJUDICATORY PROCESS General in Section had previously completed a study (based on new ADP requirements developed by the Panel's user To control costs and prevent delays in the licensing proc-group) of a personal computer-based full-text system to ess, the Panel has increasmply relied upon computer sup-replace INQUIRE.To takeIull advantage of the AUTOS port systems. Such equipment has proved to be particu_

project, the Panel designed a PC LAN-based system (now larly important for expeditine adjudicatory proceedmps.

in production on a stand-alone personal computer) using managing the Paners volum' ous and complex hearine the Personal Librarian Software (PLS). A network ver-m records, and dealmg with important administrative tasks.

sion of PLS operating on network file server has potential 7

in addition, the Panel has provided its judges and critical annual cost savings of $30.000 to 540.000.

l support personnel necessary hardware and software to j

obtain maximum efficiency from their electrome work-stations and the Paners computerized docket.

Hearing I'rocedures l

ne Panel explores and implements traditional case man-j arement tools and techniques, on an ongoing basis, to The Electronic Docket streamline, focus. and resolve contested licensing mat-ters. Licensing boards and presiding officers implernent The Panel continues to utilize state-of-the-art infor-these techniques in numerous ways.

mation technology to expedne the he. ring process. Im-portant innovations have included the nstallation of com-Typically, hearings on a particular application for a nu-puterized workstations for the juges and key Panel clear facIllity license (not meluding the antitrust hearings) personnel. To assist in decision wnting, judges can access have three elements: (1) health, safety, and the common full-text documents from their computers using in-house defense and security aspects of

'pplication, as re-customized database management systems uhile simulta-quired by the Atomic Energy Ac', U) emironmental con-neously doing legal research on the computer by utihzing siderations as required by the National Emironmental external syst ems such as LEXIS and WESTLAW. In addi-Poliev Act: and (3) emergency planning requirements.

~

tion, as presently configured, judges and professional sup-Usua'lly, for purposes of efficicncy, boards will segregate pod staff can, from their desks, draft, share, and comment these topics at hearines. They also will subdivide their on proposed decisions; access and quickly search either hearmg schedules into' distinct phases so that each phase the Paners electronic docket or the Commission's dea's most efficiently with discrete groupings of related document-retrival system: and communicate with each issues.

other or other employees of the NRC through the Com-mission's electronic mail system.

In the case of a complex proceeding that mvolves numer-ous issues under several distinct topics, the Panel has Document availability has also been considerably en-periodically created separate, parallel licensing boards to hanced by the Paners electronic docket. For routin; handle one or more topics. Besides the time saved hearings, documents received by the Panel are abstract < d through parallel adjudication, each board can be assigned and routinely entered by the end of each working day it to Panel members whose expertise matches the issues to be the adjudicatory database. In selected complex cases,.he resolved.

full text of significant documents such as pre-filed testi-mony and hearing transcripts are electronically mdexed At the hearing, boards and presiding officers take an and added to the database.

active role in shaping the issues before them by such measures, when appropriate, as consolidating the cent en-During 1992, the Panel continued to maintain and oper-tions of the parties. In addition, to expedite proceedings, ate full-text software on the IBM 9370 minicomputer they routinely actively monitor the discovery portions of using the INQUIRE software. The INQUIRE system is a the hearing.

sophisticated complex database manager which contains over 200,000 pages of full-text adjudicatory documents They also affirmatively attempt to foster an atmosphere and indexes and a companion search and reineval system.

conducive to the free exchange of views among the parties During the year, the Panel also began achieving greater and to encourage the possible settlement of disputed cost benefits for information technology by utilizing the issues. Many proposed contentions and adjudicatory agency's local area network system (AUTOS)implemen-matters are thereby resolved before a formal hearing tation plan. The plan designates the Panel for a network takes place. Additionally, boards and presidmg officers in the summer of 1993. The Paners Information Process-continuously encourage the settlement of proceedings.

13 NUREG-1363, Vol 5

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I Example of Panel of Witnesses Testifying Simultaneously at a Hearing During Fiscal Year 1992, the Panel had substantial suc-Coordination With the Office of the cess in achieving settlement before final htigation. Set-Licensing Support System tied cases included: A cw York fower Autnoray (FitzPatrick i

Adnu.. trator nIS Nuclear Power Plant), LBP-92-1,35 NRC 11 (1992):fose i

A Ruiz Carlo, BP-92-5,35 NRC 128 (1992): Midwest Inspection Service, Ltd., BP-92-9. 35 NRC 189 (1992);

Among its duties, the Panel has various responsibilities l

Chemetron Corporation, LUP-92-11,35 NRC 193 (1992):

regardmg the projected high-level-waste repository Patrick KC. Chun, LBP-92-12, 35 NRC 195 (1992);

scheduled to be built at Yucca Mountain. Nevada. Ult!-

m tely, the Panel will be the adjudicatory body responsi-Lafayette Clinic, LBP-92-13, 35 NRC 199 (1992); Long Is[andLightmg Company, LUP-92-15,35 NRC 209 (1992):

ble for makmg the tmtial decision on whether this repost-tory satisfies applicable safety and emironmental I

Randa/! C. Orem, LBP-92-18,36 NRC 93 (1992): Ala-requtrements. In the meantime, the Ianel already has bama Power Company (Farley NucIcar Plants. Units 1 and helped develop procedural rules and support systems for l

2). LDP-92-21,36 NRC 117 (1992F licensing heanngs to be held for the facility and it is l

currently lending legal and technical advice and support The Panel stnves to streamhne procedures for both for.

to the Office of the Licensing Support System Adminis-I mal and irtformal hearings. Informal hearings. usually trator (LSS) in the development of additional support j

mvoMng one of the more than 7,000 materials licensees.

systems for licensing the facility. The LSS was created by j

4 the Commission to oversee the development of a state-of-are generally conducted by a single presiding officer the-art, full-text and image-computerized document re-under the procedures in 10 C.F.R. Pan 2, Subpart L The trieval system for the parties and the Panel to use in mformahty of Subpart L requires that presiding officers conducting the high-level-waste proceeding. Within the I

he mnovative in creatmg and shaping the record and next few vears, the Panel will adjudicate any discovery resourceful in ensuring an expedited proceeding with a disputes 5.fter these documents (estimated at up to 20 just outcome.

million pages) are loaded in the Licensing Support Sys-l tem's electronic registry. The electronic registry will eliminate the need for all but a minimal amount of discov-

[

In proceedings invoMng a sincle judec the Panel has adopted a procedure of assign'ing a iegal or technical cry for the licensing proceeding.

3 judge from the Panel as an assistant to the designated presiding officer. While obtaining the benefits of the in-Agency Court Reporting Services formal procedures, the assignment preserves the cross-expertise of the traditional three-member licensing Dunnp Fiscal Year 1992 the Panel negotiated a new NRC l

boards to ensure issuance of fully informed decisions.

court reporting contract totalling $1.0S9A92.20 fu all NUREG-1363. Vol. 5 14 t

proceedings. meetings, depositions, public hearmgs, oral Affairs, State Programs. Information Resources Manage-arguments. and investigalis e inteniews held anyw here in ment Enforcement Nuclear Matenals Safety and Safe-the United States. including its protectorates and the guards, Nuclear Reactor Regulation. and Personnel.

countries of Canada and Mexico. In addition to its own adjudicatory needs, the Panel provides for the court re_

The NRC's court reporting contract provides for the porting senice needs for the rest of the NRC except for preparation of computer-readable diskettes of the tran-script of hearings in large, complex cases.This process is in-town Comrnission court reponing. This includes court also av ilable for ot her cases, as well as investigations and reponing for meetings of the Advisory Committee on inteniews, where desired. In appropriate cases, parties Reactor Saf.eguards, the Adusery C,ommittee on Nuclear are directed to file findmps of fact, conclusions of law. and Waste, and the Advisory C ommittee on Medical Uses of pre-filed testimony on computer-readable distettes. Such isotopes: out-of-town meetings of Comrmssioners in fihngs are prepared in Wordperfect or m ASCII (the compliance with the Sunshine Act: investigative mter-Arnerican Standard Code for Information Interchange) views of the Offices of Invest:pation and Inspector Gen-to overcome the problem of incompatibility among com-eral: and other meetings er workshops for the Offices of puters and software. Each day's filings are then compiled Administration. Analysis and Evaluation of Operational and fully mdexed by the PSAS's Information Processing Data, General Counsel. International Programs, Pubhc Section.

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Melissa lienson receises 12ngth of Sen-ice Certificate for 35 3 cars of service to the U.S. Government 15 N UREG-1363. Vol. 5 l

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VII. CONCLUSIONS Fiscal Year 1992, much hic the past ses eral years, repre-The Panel is iurrently concerned with readying itself for sented a transitional y ear between the massive operating new kinds of proceedings arismg out of plant life exten-license procceings of the 1970's and 1980's and the mere sions, the decommissioning of older plants, construction varied discrete erforcement anJ materials license pro-of new facilities (like the Louisiana Energy Scnices en-ceedines of the earlv 1990's.The cunent docket reflects a richment facihty), the approval of new plant designs, and

~

matunne of the nuclear indesar from the construction the licensing of new low-level-waste f acihties. These new and initial operauon era to an operations and waste _

procqedings will ensure a cor.tinuing supply of complex 4

handline era. Given thts transition. the Fiscal Year 1992 quesnons involvmg a novel mix oflaw and science for the caseloa5 can reasonab:y be v;cwed as the Commission's ane to resohc.

adjudicatory "baseload" O c., the number and type of Given the economic, energy, and public health and safety cases likely to occur in any particular year given the cur-costs imposed upon Commission applicants, licensees,

~

rent number and operations of the Commission'slicen-and the pubhc at large in the event of unnecessarv or secs). So viewed. the Paners Fisci Year 1992 docket can avoidab!c delavs in the nuclear licensing and enforcer 5cnt be used to gauge future demands on the adjudicate y process. the P[mel will continue its endcas ors to improve resources of the Commission m hpht of the add:tional procedures and make the hearing process as efficient as caseload that is projected possible.

F 17 NUREG-1363. Vol. 5

APPENDICES

ORGANIZATIONAL CIIART ATOMIC SAFETY AND LICENSING BOARD PANEL 1s the statutory office that pertrms the bearings function for the Cornmksion a such other replakwy functions as the Commisnoe aubrues. The Olef Adadels-tritia Judge develore and applies procedures genreing the actMtka of Boerth, Adrainistrothe Judges, and Adminktrative 1sw Judges and sukes e inte recomroendatkms to the Commission concerning the tvles governing the actof hearings.

Qief Adernbtrative Jodge (Qalreas)

B. Paul Cotter, Jr.

Deputy Odef Adralsktrstive Judge (thecutiw)

Robert M. Luo Deputy Odet Adelaktrstive Judge (Techskal)

Frederkh J. Shoe THEPANEL conduce au licensias and other hearings es direcend by the commission primer 9y sturough Individual Asamle Safety and licenneg Bonnis appointed by either the Commisica er the Olef Administruthe Joo e.nere is no rised number of posi-s tions le the Panel The remet le comprised of (1) any number of Administrative Jodges (fuU-time and part-time), who are lawyers, pbpicitts, enginars, and engt-sonmental scientists; sed (2) the Adminhtrative 1sw Judges. =bo hear satitrust, eiwil praalry, and other cases and serve se Atoenk Sa fety and uccesing Domrd Osir-ases. One to three Administintive Judges serve as geesiding officers abee er ce boeids foe a breed essge of proceediegs.

tJ PROGRAM SUPPORT AND ANALYSIS STAR TECIINICAL AND IEGAL SUPPORT STAFF PrevWee planning,14ac, coordinatloe, barlementstion and analyers of Provkles su legal and technkal sugyort b the Gief Adrainisirsthe Judge, the Ad-policke sod pograins in support et the Freet, including badget; personnellabor ministratiw Enw Jmogen, boards and PancI telstkes; 6-AM ees%ces; travel; space and facilities;equireme nt; ecatracts;is-Emmation management,induding ADr equipeseet; edjudkasory fJes and services; Director and Gie!Cwnsel tse S. Dewey library facilities; scuretsriel, asenographie ami c$erical services including Seld hear-ins space,equipeent managetnent and ecordinatice; meettegs; em;4ayee trainirig I

and a 4gt; FOIA beense fee data; securi1y; safety englacering.

Dir,cw Jack G. %%etstine 1,

c' N

7:1m Information Processing Secilon O

8 Pvtwiles em and servke Lainfortnatica rmaanyment whkh indudescoruput-

.y erised ad' tory files, license Ice dsta, and other manarmeat informatine appli-w cable to Fanel sciMthe.

h 9.

Qief James M. Cvichis V tr i-P f

APPENDIX B ATOMIC SAFETY AND LICENSING BOARD PANEL Fiscal Year 1992 P

I. Panel Members 1 OfUcers B. PAUL COTTER, JR.

FREDERICK J. SHON Chief Administrative Judge Deputy Chief Administrative Judge (Technical)

DR. ROBERT M. LAZO MORTON B. MARGULIES Deputy Chief Administrative Judge (Executive)

Chief Administrative Law Judge Full-Time Administrative Judges JUDGE CHARLES BECHHOEFER JUDGE CHARLES N. KELBER Attorney Physicist JUDGE PETER B. BLOCH JUDGE JERRY R. KLINE Attorney Environmental Scientist JUDGE G. PAUL BOLLWERK III JUDGE PETER S. LAM Attorney Nuclear Engineer JUDGE JAMES H. CARPENTER JUDGE THOM AS S. MOORE Oceanographer Attorney JUDGE RICHARD F. COLE JUDGE THOM AS D. MURPHY Environrnental Scientist Health Physicist JUDGE J AMES P. GLEASON JUDGE IVAN W. SMrHi Attorney Attorney Part-Time Administrative Judges JUDGE GEORGE C. ANDERSON JUDGE GEORGE A. FERGUSON Marine Biologist Physicist Seattle, Washington Shady Side, Maryland JUDGE HARRY FOREMAN JUDGE GLENN O. BRIGHT Physici:m Engineer Minneapolis, Minnesota Bethesda, Maryland JUDGE RICHARD F. FOSTER Emironmental Scientist

1. 1. E"'

JUDGE A DIXON CALLIHAN Physicist JUDGE DAVID L HETTtICK Oak Ridge, Tennessee Physicist Tucson, Arizona JUDGE THOM AS S. ELLEM AN JUDGE CADET H. H AND, JR.

Nuclear Engineer Marine Biologist Raleigh, No:th Carolina Bodega Bay, California

'All ASIJ3P Officer, pudersional and adnurustrame staff and fultime Panel members are based in Ilethesda, Maryland.

23 NUREG-1363. Vol. 5

JUDGE ERNEST E. HILL JUDGE PETER A. MORRIS Nuclear Engineer Physicist Danville, California Potomac. Maryland JUDGE FRANK F. HOOPER JUDGE RICHARD R. PARIZEK Marine Biologist Ann Arbor, Michigan C'eologist University Park. Penns))vania JUDGE ELIZABETH B. JOHNSON Nuclear Engineer JUDGE HARRY REIN Oak Ridge. Tennessee Physician JUDGE WALTER H. JORDAN Physicist Pompano Beach, Florida JUDGE LESTER S. RUBENSTEIN Nuclear Engineer JUDGE JAMES C. LAMB !II Oro Valley, Arizona Sanitary Engineer Chapel Hill, North Carolina JUDGE DAVID R. SCHINK JUDGE EMMEDI A. LUEBKE Oceanographer Physic:st College Station, Texas

~

Bethesda, Maryland JUDGE GEORGE F. TfDEY JUDGE KENNETH A. McCOLLOM Physician lilectrical Engineer Houston. Texas Stilhvater, Oklahorna JUDGE MARSHALL E. MILLER JUDGE SHELDON J. WOLFE Attorney Attorney Daytona Beach, Florida Fairfax, Virginia II. Professional Staff LEE S. DEWEY ROBERT R. PIERCE Director and Chief Counsel Senior Attorney Technical and Legal Support Staff III. Administrative Officers J ACK G. WHETSTINE J AMES M. CUTCHIN V Director Chief Program Support and Analysis Staff Information Processing Section NUREG-1363, Vol. 5 24

-_m._____________..__-__.

APPENDIX C BIOGRAPIIICAL SKETCIIES OF PANEL AIEh1BERS ANDERSON. GEORGE C. B.S., University of British Co-the law firm of Gardner. Carton & Douglas in Washing-lumbia (1947): M.A., Umversity of British Columbia ton, D.C. After graduating from law school he clerked for (1949); Ph.D.. University of Washington (1954). Dr. An-a Federal district court judge and a State supreme court dersoa, currently Professor Emcntus at the School of judge.

Oceanography, University of Washington, has been a part-time member of the Panel since 1973. In addition to BRIGHT, GLENN O.

B.S.. University of Oklahoma authoring over 40 pubhcations a the fields of hmno!ogy (1949): M.S., Unitersity of Oklahoma (1950). Judge and oceanography. Dr. Anderson has held numerous Bright served as a full-time mcmber of the Panel from teaching. research. and administrative positions over his 1972 to 1990 and continues : s a part-ttme member at the 40-year career w:th the Umversity of Washington, the present. Before his appointment to the Pancl, he spent 22 Atomic Energy Commission and the National Science years with the Phillips Petroleum Company or its succes-Foundation. He was Director of the School of Oceanogra.

sor subsidiaries in various technical and management po-phy at the Umversity of Washmpton for severalyears.

sitions overseeing n uclear matt ers. including one ycar as a technical consuhant to the Government of Venezuela, BECHHOEFER. CHARLEX A.B.. magna cum laude. Har-and several years at the Idaho National Engineermg vard College (1955); LL.B., Harvard Law School (195S).

Laboratory m charge of experunents for SPERT I and SPERT II.

Judge Bechhoefer has been a full-time legal member of the Panel since 1978. Before his appointment to the Panel, his Federal service hicluded positions as Counsel CWHE. A INM A.B. Marshall University (1928k to the Atomic Safety and Licensing Appeal Board, attor-M.A., Duke University (1931); Ph.D., New York Univer-nev with the Office of the General Counsel of the Atomic sity (1933): D.Sc. (Hon.). Marshall University (1961). Dr.

Erierg~y Commission, and attomey-adviser in the Office of Callihan has been a part-time member of the Panel since the General CounscL U.S. Housing and Home Finance 1963. In his 59-year career. he has held positions as a Arency. He is currentiv the editor of the Administrative physicist with the Union Carbide Corporation and Co-A[dicidry News andJourEaland a member of the Executive lumbia University. and as assistant professor at the Co!-

Committee of the National Conference of Administrative lege of the City of New York. Dr. Calhhan is currently the law Judges. He has also held several Icadership positions chairman or member of several committees concerning within th'e Section of Admmistrative Law of the American mlear reactor operations for the United States Army Bar Association.

and the Amencan Nuc! car Society. In 1988, he received the American National Standards Insatute's Meritorious BLOCH, TE7ER B. B.S., Tufts University (1962); LL.B, Harvard I2w School (1965K LLM., Harvard 12w School C4RPENTER, J. DIES H. B.A., University of Virginia (1967). Judge Bloch has been a full-time member of the (1949% M.A., Johns Hopkins University (1951): P1D.,

Panel since 1981. His prior positions include: Assistant

~

Johns Hopkins University (1957). Dr. Carpenter has been Director of the Office of Hearings and Appeals, U.S.

a member of the Panel smcc 198L In addition to numer-Department of Energy; attorney-advtsor, Office of Opin-ous publications in the fields of marine science and envi-k ions and Review, FERC: Executive Director of the Com-ronmental chetnistry and research activities for the mission on Law and the Ecortomy of the American Bar Chesapeake Bay Institute. Dr. Carpenter has held teach-

~

Association: Semor Research Associate and Project Man-ing and administrative positions with Johns Hopkins Uni-ager, the Urban Institute; and attorney-adviser, U.S. Sc-versity and the University of Miami (Coral Gables). Dur-curities and Enhange Commission. Judge Bloch has pub-ing his 35-year career. Dr. Carpenter has been on the hshed several artides on the conduct and management of editorial boards of several national journals, held senior criminal investipations.

positions m several professional associations, and chaired or participated in numerous professional committees on BOLLMERK. G. FAUL, IH. B.A., University of Notre environmental issues, particularly the marine environ-Dame (1975); J.D., Georgetown University Law Center ment. Dr. Carpenter was a member of the committee that (1978). J udge Bollwerk has bcen a full-time legal member issued the BEIR I report (Comrnittee on the Biological of the Panel since July 1991. Before bemg appointed to Effects of lonizmg Radiauon).

the Panel, Judge Bollwerk served as an administrative judge on the Atomic Safety and Licensmg Appeal Panel, COLE, RICH 4RI) E B.S.C.E., Drexel University (1959);

a senior a'.torney on the staff of the NRC Office of the M.S.S.E., Massachusetts Inst tute of Techno!ogy (1961);

General Counsel a Special Assistant U.S. Attorney with Ph.D., University of Nonh Carolina (1968). Dr. Cole has the Department of Justice, and an associate attornev in oeen a full-time member of the Panel since 1973. In 25 NUREG-1363. Vol. 5

addition to publishing numerous articles on water, was-merous professional papers in the biological and chemical tewater treatment, and international training of environ-fields, Dr. Foreman has held teaching, administrative, mental engineering, Dr. Cole has held teachmg, adminis-and research positions with the University of Minnesota trative, and engineering positions in the United States and the University of California. the latter invohing work and Guatemala with the University of North Carolina, in the area of radiation and biomedical research at Los Pennsylvania State University, and the State of Pennsyl-Alamos.

vania. He has held several leadership positions and com-mittee assicaments with numerous professional associa.

FOSTER, RICH 4RD F. B.S., University of Washington tions, and is a Diplomate of the American Academy of (1938); Ph.D., University of Washington (1948). Dr. Fos-ter has been a part-time member of the Panel since 1981.

Environmental Engineers.

Dr. Foster is the author of numerous professional papers n the discharge of heat and radionuclides into water

)

f CO TTER. B. PA UL,JR A.B., Princeton University (1959);

p thways, and has headed or participated on several pan-J.D., Georgetown University (1968). Judge Cotter has els and committees on radiation and the environment for, been the Chief Administrative Judce of the Panel since 1950. Before 1980. Judge Cotter wa's a member and then am ng s, & M I ublic Health Service, the Na-de 1 my ences, & Munaumal Atonne Chief Administrative Judge of the Depanment of Hous-Energy Agency, and the NRC Advisory Committee on ing and Urban Development Board of Contract Appeals, Reactor Safeguards. During his 51-year carect, Dr. Fos-a trial attorney with the U.S. Department of Transporta-ter has also held rescarch and management positions with tion, and in private practice for 6 years. He is on the the State of Washincton, the University of Washington, faculty of the National Judicial College, is a member of and numerous labor'atories and companies at the Han-the American Law Institute, and is a recognized leaderin ford, Washington facility.

& use of computers in managing complex cases. He is a trustee of the American Inns of Court Foundation, Chair GLEASON, JAMES P. B.S.S., Georgetown University of the Board of Directors of the Supreme Coun Opinion (1948): LLB., Georgetown University (1950). Judge Network, holds several leadership positions with the Gleason has been a pan-time member of the Panel since American Bar Association and the Federal Bar Associa-1980 and held a similar appointment from 1967-1970. In tion, and has written extensively in the field of administra-1992, he became a full. time Panel member. During his tive law.

42-year career, Judge Gleason has held numerous elec-tive and appointive offices at the county. State, and Fed-ELLEMAN, THOM4S S. B.S., Denison University (1953):

erallevel; taught at the University of Maryland and Har-Ph.D., Iowa State University (1957). Dr. Elleman was vard University; maintained a pnvate law and consultant appointed to the Panel as a pan-time member in 1990.

practice; and served as an aide to two U.S. Senators.

Over the course of his 39-vear career, Dr. Elleman has l

conducted research in private industry, including Caro-HAND, C4DET H., JR. B.S., University of Connecticut l

lina Power & Light Co. and General Atomics, and at (1946); M.A., University of Califorma, Berkeley (1948);

North Carolina State University where he is currentiv a Ph.D., University of California, Berkeley (1951). Dr.

professor of nuclear enginee' ring, a department 'he Hand has been a part-time member of the Panel since 1971. Cu rently Emerirus Professor and Emcritus Director headed from 1974 to 1979. He has published more than f the University of Califorma Bodega Marine Labora-60 articles in the field of nuclear chemistry. Dr. Elleman is tory, Dr. Hand has held teaching, research, and adminis-also an American Board of Health Physics Board Certi-trative positions with Mills College, the Scripps Institu-fied Health Physicist-tion of Oceanography, the University of California at Berkeley, and the University of California at Davis.

FERGUSON, GEORGE A.

B.S., Howard University (1947); M.S., Howard University (1948); Ph.D., Catholic HETRICK, DAI7D L B.S., Rensselaer Polytechnic Insti-University (1965). Dr. Ferguson has been a part-time tute (1947): M.S., Rensselaer Polytechnic Institute member of the Panel since 1972. During his 45-year ca-(1950); Ph.D., University of California,1.ns Angeles rect, he has held teaching, administrative, and research (1954). Dr. Hetrick became a part. time Panel member in positions with Howard University, the U.S. Naval Re-1972. During his career as a physicist. Dr. Herrick has scarch Laboratory, the University of Pennsylvania, and worked as a private consultant to General Atomics, Clark College (where he was Chairman of the Physics Hughes Research Laboratories, the Marquardt Corpora-Department).Dr.Fergusonisa memberof the American tion, and Brookhaven National l2boratory. He has taeght Physical Society and several teaching associations.

physics at California State University at Northridge, tne University of Bologna in Italy, Rensselaer Polytechnic FOREMAN, HARRT. B.S., Antioch College (1938); Ph.D.,

Institute, and at the University of Arizona. Dr. Hetrick Ohio State University (1942); M.D., University of Califor-has also worked on nuclear projects at the United King-nia (1947). Dr. Foreman has been a part-time member of dom Atomic Energy Agency in Aldermaston, England, the Panel since 1971. Dr. Foreman's career spans 51 years the International Atomic Energy Agency in Cuernavaca, in three professional fields. In addition to publishing nu-Mexico, and at the Los Alamos National Laboratory.

NUREG -1363. Vol. 5 26

P HILL, ERNESTE. B.S., Umversity of California, Berkeley at the Atomic Energy Commission and at the NRC. Be-(1943); M.S., University of Cahfornia. Berkeley (1959).

fore joining the Commissior in 1973 Dr. Kc!ber was a Judge Hill i been a part-time member of the Panel senior scientist at Argonne national l2boratory for 18 since 1972. Currently the president of Hill Associates, a years. He ish Fellow of the American Nuclear Society and nuclear engineering consultmg company, Judge Hill has the American Physical Society.

held numerous nucicar engincenng and maragement po-sitions in the private sector, wnh the Atomic Energy KUNE, JERRY R. B.S., University of Minnesota (1957);

Commission. and at the Lawrence Livermore National M.S L'nssitt of Minnesota (1960): Ph.D., University 12boratory.

of Minnesota (1964). Dr. Kline has been a full-tirne mem-

~

bcr of the Panel since 19S0. Before he was appointad to HOOTER, FR4XK F.

B.A.,

Univers:ty of California the Panel, Dr. Klir e held various research and manage-(1939); Ph.D., Umversity of Minnesota (1948). Dr.

ment positions with the Puerto Rico Nuclear Center, the Hooper ht.s been a part-time member of the Panel since Argonne National 12boraton, the Atomic Energy Com-1973. Cunentiv a Professor LMenms at the Universny of mission. and the NRC. He is the author of numerous Michigan, Dr. Hooper has held teaching and administra-scientific papers and reports in the fields of radioccology tive positions at the University of Michigan, the Institute nd soil science.

for Fisheries Research, and the University of Minnesota.

In 1962-63 and again in 1966, Dr. Hooper was an aquatic ecologist with the Atomic Energy Commission. From L-Of, TETER S. B.S., Oregon State University (1967);

1979 to 19SS, he was chairman of the Ecolocv, Fisheries M.S., Stanford University (196S); Ph.D., Stanford Uni-and Wildhfe Pregram in the School of Natur55 Resources s ersity (1971). Dr.12m was appointed to the Panel as a at the University of Michican.

full-time judge in 1990. He joined the Nuclear Regulatory Commission as a reactor systems engineer in 1983 and JOHNSON EUI4BETHR B.S., Western Kentucky Uni-became Chief of the Reactor Systems Section of the NRC versity (1943); M.S., Vanderbilt University (1952).'Judec Office for Analysis and Evaluation of Operational Data, Johnson has been a nart-time mcmber of'the Panel sinhe 619% Before coming to the Comrnission, Dr.12m held 1975. Currentiv on'the staff of the Instrumentation &

v rious positions with General Electric and the Argonne Cont ols Division of the Oak Ridge National Laboratorv, National laboratory. He has taught engmeermg courses

~

Judce Johnson has held physicist and engineer positions at San J se State Umversity and George Washington on Earious Union Carbide Corporation nuclear projects University.

at Oak Ridge and elsewherc, and was a research assistant with the Manhattan Project. Dunng her 49-year career.

I.4MR, JeOfES C.. IH. B.S.C.E., Virginia Military Insti.

Judge Johnson published numerous Atomic Energy tute (1947): M.S., Massachusetts Institute of Technolotv Commission and other professional papers. principally (1952h Sc.D., Massachusetts Institute of Technoloh concemed with reactor expenments and nucicar entical-(1953). Dr. Iamb has been a pan-time member of the it).

Panel since 1974. Currently a distinguished visiting pro-fessor of civil engineenag at George Washington Univer-JORDAN, IE4LTER H. A.B., University of Oklahoma sity and professor of sanitary engineering at the Univer-(1930); M.S., University of Oklahoma (1931): Ph.D., Cali-sity of North Carolina, Dr. Lamb has also held teaching, fornia Institute of Technology (1934). Dr. Jordan has engmeering. management, and research positions in pri-

~

been a part-time member of the Panel since 1970. Dr.

vate industry, at Newark College of Enginecrme, Univer-Jordan is the author of numerous articles. professional sity of North Carolina, and Massachusetts Institute of papers, and books in the nuclear and radar fields, and is a Te'chnoloev.

Fellow of the American Nuclear Society and the Ameri-

'~

can Physical Society. In addition to holding teaching posi-tions at the University of South Dakota and the University L420. ROBERT M. B.S.. Unisersity of Alberta (1946);

of Tennessee, Dr. Jordan spent 27 years at the Oak Ridge M.A., Unis ersity of British Columbia (1950); Ph.D., Uni-National laboratory in various tesearch and management versity of Notre Dame (1954); J.D.. Rutgers University positions, endmg his long tenure there as its Deputy Di-(1958). Dr.1270 has been a member of the Panel since r ector.

1970, first in a part-time capacity and, since 1972, in a full-time capacity. Between 1977-80, he served as the KELBER, CR4RLES X. B.A., University of Minneapolis Executive Secretary of the Panel, and since 1980. as its (1947); Ph.D. University of Minnesota (1951). Before Deputy Chief Administrative Judge. Before joining the joining the Panel as a full-time member in 1990, Dr.

Panel as a full-time member Dr.12zo maintained a p:i-Keiber was the Panel's Senior Technical Advisor from vate legal practice and was a member of the "atent De-1958 to 1990. He also served in various senior technical partments of both Standard Oil of New Jersey and Bell pos:tions in the Division of Nuclear Regulatory Research Telephone laboratories.

27 NUREG-1363. Vol. 5

' ~

LUERRE, EMMETH <t B.A., Ripon College (1936);

.410RRIS, TETER.-t B.A., Swarthmore College (1943):

Ph.D., Unn ersity of Illinois (1941). Dr. Luebke became a Ph.D., University of Virginia (1951). Dr. Alorns served as part-time member of the Panelin 19S7 followmg 15 years a full-time admm:strative judge with the Panel from 1981 of service as a full-itme member. A Fellow of the Amen-to 1987. He was appointed as a part-time judge m 1991.

can Nuclear Soc:ety and recipient of a Presidential Cer.

Before sening on the Panel, Judge Morris worked as tificate of Merit for hiicrowave Radar Research, Operational Physics Supervisor with E.1. duPont de Dr. Luebke spent 27 years in private industry involved in Nemours and Co. from 1951 to 1957, and served the the design, testmg. and operation of nuclear pow er plants Nuclear Regulaton Commission as Director, Office of for submarmes. Before that, he taught at the Universit)

Operations, and Director, Division of R eactor Licensing.

cf Ilhnois and was a research leader at hiassachusetts Institute ef Technologv.

31URTHF, T1/OMAS D. B.S. Umen College (1956): hl.S.,

University of Rochester (1957): 51.S., Rensse!aer Poly-U

""C"

1. 5 "

full-time member of the I anel in 199,PP 31cCOLLO31. REXXET1/ A. B.S., Oklahoma State Uni-

, Judge hiurphy T ersity (194S : 51.S. Una ersity of Illmois (1449): Ph.D..

held various management positions with the Departmen't J

Iowa State Univers:t> (1964 L Dr. h1cCollom has been a of the Navv, the private sector. and on the Nuclear Regu-part-time member of the Panel since 1972. He is currently laton Cornmission staff. He is a member of the Health Dean and Professor Ementus of the College of Lngineer-Physics Society, the American Nuclear Society, and is ing. Arch:tecture and Technology, Oklahoma State Uni-certified by the American Board of Health Physics.

versay. Dunn; his ~4-year career. he has held teaching, tescarch, and admimstrathe postions with Oklahoma PARIZrR. RIC1/ARD R. B.A., University of Connecticut j

State Unhersity, Iowa State University, and the Atomic (1956); 51.S., Universiiv of Illinois (19603: Ph.D., Univer-1 EnerD Divisien of Phtllips Petroleum Company. In addi-say of Illino:s (1961).'Dr. Parizek was appointed as a tion. he has held numerous leadership positions with sev-p3rt-time administrative judge in 1990. He has been a cral professional associations and the Oklahoma Board of prefessor in the Geolocy Department at Pennsylvania Registration for Erpmeers and 12nd Sun evors.

State University since 1961 and is president of his own consulting firm. Dr. Pari 2ck holds sescral positions in 3fARGULIES, 310RTON R B. A., Brm Qn College professional associations and has authored or co-(1953): J.D., Brooklyn law School (1954). Judge 51ar-authored more than 120 scient fic and technical papers.

i guhes has been a full-time member of the Parel since 1982. Before bk appointment to the Pane!. Judge 51ar-REIN,1/ARRY B.S., New York University (1953): hl.D.,

gulies served as an Administrative 12w Judge (1969-State University of New York (1957); J.D., University of 1982), Regional Counsel, and trial attorney for the Inter-Florida (1952k Dr. Rein was appointed to the Panel as a state Commene Commission. anJ as a member of the part-time administrative judge m 1990. Dr. Rein is an Army Judge Advocate Gsnerars Corps.

active triallawyer and has 23 years of active clinical medi-ctd experience. Currently, Dr. Rein's trial work is limited to medically related cases. Dr. Rein has published several 3flLIER, MARSHALL E. B. with honars, University of a c p pm an tem mMmg two on mWcal d Illinois (1935): LL.B., University of IlhMs (m3R Ju'dre hiiller was a full-time member of tv "

97'4-194 pm He a

m Etd han aM anes h

~

lawyers across the Umted States perta!"rg to the discov-rdad to m inhg wh c

ile

s a i \\d nist athe t

.r the.

Departtrent of 12ber for 11 years

ph.ously a part-4 "8" "*-

ner for 15 years in the Washingic., v.m.. law firm of RUBENSTEIN, LESTER S. B.S., University of Arizona Danzansky & Dickey. He is the author of several books on

~

(1953): hl.S., Carnegie Institute of Technology (1962).

2epal practice.

Judge Rubenstein was appointed to the Panel as a part-ttme member in 1990. Before joining the Panel, he served MOORE, THOMAS X B.A., hfiami University (Ohio) in vanous leadership capacities with the Nuc! car Regula-(196S): J.D., Ohio State University (1972). Jcdge 51oore tory Commission,includmg Assistant Duector for Region was appointed to the ASLBP in 1991 af ter a distinguished IV Reactors, NRR: Director, Sy stems Division and Stan-10-year career as an administrative judge on the Commis-dardization. NRR: and Assistant Director Division of sion's Atomic Safety and Licensing Appeal Board. Judge Systems Integration, NRR. Before joining the Atomic hicore was in private practice in the firm of Volpe, Bos-Energy Commission in 1967, he worked for the National key and I sons, worked m the Civil Division of the Depart-Aeronautics and Space Administration as a researcher ment of Justice, served as administrative assistant to the and for the TRW and Westaghouse corporations. Judge Governor of Ohio, and c!crked for Judge hiiiler on the Rubenstein has writ;en several articles and papers and So:th Circuit bef orejoming the Nuclear Regulatory Com-lectured on the pohcies and licensmg procedures of the mission m 1980.

Nuclear Reputato:v Comm:ssion.

SUREG-1363, Vo!. 5 3

I

SCIIINK Iul 7D R. ILA., Pomona College (1952 t M.S.,

Panel as Chief Admimstrative law Judge from 1978 University of Cahforma. les Angeles (1953); M.S., Stan-through 1992 and he has been a full-time member of the t

ford University (IPS); Ph D., University of Cahfornia.

Panel since 1975. Before his appointment to the Panel.

San Diego (1962). Dr. Schink has been a part-time mem-Judge Smith sened as an Administrative 12w Judge for ber of the Panel since 1974. Currently a professor of the Social Secunty Administration and as a trial attorney oceanography and formerly the Associate Dean of the in the Antitrust Division of the Federal Trade Contais-College of Geosciences at Texas A&M University Dr.

sion. He also served as a county prosecutor, Deputy Di-Schink has wntien monographs and professional papers rector of the Ohio Department of Liquor Centrol, and on marine peochemistry, silicon, radium, raden, and early engaged in 1he private practice of law.

dipenesis. Dr. Schink has also held teachmg and research positions at the Palo Alto l2boratory. Tcledyne Isotopes.

77DET, GEORGE FR.1NCIS. H.A., University of Virpmia the University of Rhode Island. Senpps Institute of (1950): M.D., University of Virginia (1984). Dr.Tidey was Oceanography. and Stanford University. In addition. Dr.

appointed to the Panel as a part-time member in 1990. He Schink has served en several advuory pancis for the Na-is currently an assistant professor in obstetrics and gyne-tional Science 1 oundation and the United Nations.

cology at the University of Texas Medical School He taught in the same field at George Washington Umversity SHON, IREDERICKl. U.S., Columbia University. Judge and is engaged in a private practice in these areas. Dr.

Shon has been a full-time member of the Panel since 1972 Tidey has co-authored several articles on female fertility.

and currently senes as its Deputy Chief Administranvc He is a member of the American College of Obstetrics Judge (Technical). Befare his appointment to the Panel, and Gynecology, the Amencan Fertihty Society, and the Judge Shon held management positions with the Atomic Arnerican Medical Association.

Energy Commission, and worked as a physicist with the Lawrence Radiation l2boratory and several corporations IIDlIE. SIIEU>ON 1. A.B., Harvard University (1942);

within the nuclear industry. J udge Shon has also served as LLB., Georgetown University (1956). Judge Wolfe was a a consultant on reactor safety to the Spanish and Danish full-time member of the Panel from 1976 to 1988, when Atomic Ermrgv Coma.issions, and taught nuclear engi-he assumed part-time status. Before his appointment to neering at the Unisersity of Caltfornia at Merkeley.

the Panel, Judge Wolfe was a partner m Coal Mines Equipment Sales Company of Terre Haute, Indiana an S3flT7/, D.'1X lh Pre-12w, Ohio State Unn ersity Meuco attorney with the Civil Aeronautics Board, anJ. for 20 City College, Kent State University (IM-4 S t J.D., Wm.

3 cars, a Inal attorney with the Civil Division of the U.S.

McKmley School of law (1452l. Judge Str.:th serveJ the Department of Justice.

29 NUREG-1363. Vol. 5

APPENDIX D SELECTED ISSUANCES OF TILE ATOMIC SAFETY AND LICENSING HOARDS October 1,1991 to September 30,1992 ALAB AM A POWER COMPANY (Joseph M. Farley Prehearing Conference Order.1J3P-92-S,35 NRC 167 Nuclear Plant. Units 1 and 2). Docket Nos. 50-34S-CivP, f Aprd 30,1992) 50-364-CivP (ASI BP No. 41 -626-02-Cn in JOSE A. RUIZ CARLO, Docket No. 030-20541-O M Memorandum and Order, LBP-92-21, 36 NRC 117 (ASLBP No. 92-65S-04-OM)

(August 12,1992)

Memorandum and Order. LBP-92-5. 35 NRC 128 ARI7ONA PUBLIC SERVKE COMPANY. et al.,

(March 24,1992)

(Palo Verde Nuclear Generatmc Station, Units 1,2. and

3) Docket Nos. 50-528- 013 -3, 50-529-OI A-3.

LAFAYETTE CLINIC. Dociet No. 030-13204-O M 50-530-OLA-3 (ASLUP No. 42-654-01-OLA-3)

(ASLBP No. 92-655-03-OM)

Memorandum and Order. LBP-92-3, 35 NRC 107 Memorandam and Order,I BP-92-13,35 NRC 199(May (March 4,1992) 27 1992)

B ABCOCK AND WILCOX (Apollo, Pennsylvania Fuel LONG ISLAND IJGIn1NG COMPANY (Shoreham Fabrication Facility), Docket No. 70-135-DCOM Nuclear Power Station. Umt 1). Docket No. 50-322-( ASLBP No. 42--66NO3-DCOM,

OLA-2 (ASLBP No. 91-631-03-OLA-2)

Memorandum and Order, LBP 91-39,34 NRC 273 (No-Memorn ndum and Order,I BP-92-24. 36 NRC 149 (Sep.

rember 15,1991) tember 4.1992)

LONG ISLAND LIGifDNG COMPANY (Shorcham CERTIFIED TESTING LABORATORIES. IN C.

pcicar Pou Station, U,ra t 1 ),

Docket No.

30-322-OIA 1er Docket No. 030-12145-CisP (ASLBP No.91-622 a (ASLBP No. 91-642-10-OLA-3)

CivP) wrandum and Order. LBP-92-14, 35 NRC 207 Initial Decision. IJ3P-92-2, 35 NRC 20 (January 29, (June 17,1992) 3993)

LONG ISLAND LIGIFDNG COMPANY (Shorcham CHEMETRON CORPOR ATION, Docket No. 040-Nuclear Power Station. Unit 1 ), Docket No. 50-0S724 (ASlJIP No.92-661 O M )

322-DCOM (ASLBP No.92-660 DCOM)

Memorandum and Order, LBP-92-11, 25 NRC 193 Memorandum and Order, L BP-92-15, 35 NRC 209 (May 12,1992)

(June 17.1992)

CLEVELAND ELECTRIC ILI UMINKllNG COM-LOUISIANA ENERGY SERVICES, l..P. (Clairborne PANY, et al.. (Perry Nuclear Power Plant, Unit 1).

Enrichment Center), Docket No. 70-3070-ML (ASLBP Docket No. 50-440-OlA-3 (ASLBP No.91-650 No. 91-641-02-ML)

OLA-3)

Memorandum and Order, LUP-91-41,34 NRC 332 (De-Memorandum and Order. IJIP-92-4, 35 NRC 114 cember 19,1991)

(March 18,1992)

Memorandum and Order, LBP-92-15A. 36 NRC 5 DAVID M. MANNING, Docket No. 030-29626-O M (July 8,1992)

(ASLUP No. 92-653-02-OM)

MIDWEST INSPEC' DON SERVICE, LTD.. Docket Memerandum and Order. LBP-92-6, 35 NRC 130 No. 30-10749-CivP&OM (ASLUP Nos. 914G04-(March 31.1492)

CivP, 92-652-01-OM )

ENVIROCARE OF UTAII. IN C.,

Docket N o.

Memorandum and Order, l.BP-92-9, 35 NRC 189 040-OS989-ML ( ASLBP No. 91-63 8-01-M L)

(May 6,1942) l 31 NUREG-1363, Vol. 5

NEW YORK POWER AUT13ORITT (James A. Fitzp-PIPING SPECIALISTS, INC., and FORREST L atack Nuclear Power Plant) Docket No. 50-333-OM ROUDEBUSli d.b.a. PSI INSPECTION, and d b.a. PIP-(ASLBP No. 91-645-02-OM)

ING SPECIALISTS, INC. (Kansas City, Missouri),

Docket Nos. 030-29626-OM&OM-2 (ASLBP Nos.

Memorandum and Order LBP 92-1. 35 NRC 11 (Janu-92-653-02-OM, 92-662-06-OM-2) ary 21,1992)

Memorandum and Order, LBP-92-16, 36 NRC 15 NORTHEAST NUCLEAR ENERGY COMPANY (July 10,1992)

(Millstone Nuclear Power Station, Unit 2), Docket No.

50-336-OLA (ASLBP No. 92-665-02-OLA)

Final Initial Decision LBP-92-25,36 NRC 156 (Septem.

Memorandum and Order. LUP-92-17, 36 NRC 23 (July 29,1992)

RANDALL C. OREM, Docket No. 030-31758-EA

( ASLBP No. 92-656-01-EA)

Memorandum and Order LUP-92-26. 36 NRC 191 (Sep-tember 17,1992)

Memorandum and Order, LBP-92-18, 36 NRC 93 OHIO EDISON COMPANY (Perry Nuclear Power (August 6,1992)

Plant, Umt 1)and CLEVELAND ELECTRIC ILLUMI-NATING COMPANY and TOL.EDO EDISON COM.

SACRAMLNTO MUNICIPAL U11LITY DISTTRICP PANY (Perry Nuclear Power Plant, Unit 1 and Davis-(Rancho Seco Nuclear Generating Station). Docket No.

Besse Nuclear Power Station Umt 1), Docket Nos.

50-312-DCOM ( ASLBP No. 92-663-02-DCOM) 50-440-A. 50-346-A (ASLUP No. 91-644-01-A)

Prehearing Conference Order LBP-92-23,36 NRC 120 Prehearing Conference Order, LBP-91-38,34 NRC 229 (August 20,1992)

(October 7,1991)

SAFETY LIGHT CORPORK '9N, et al, Docket Nos.

Memerandum and Order, LBP-92-19, 36 NRC 98 030-05980, 030-059S1, 033 030-05335, 030-s (August 6,1992)

OS444 (ASLBP Nos. 89-590-01-t ~ L 90-598-01-OM-2)

PACIFIC GAS AND ELECTRIC COMPANY (Diablo Memorandum and Order LDP-92-3A 35 NRC 110 Canyon Nuclear Power Plant Units 1 and 2), Docket Nos.

(March 16,1992) 50-275-OLA-2, 50-323-01 A-2 (ASLBP No. 92-669-03-OLA-2)

SAFETY LIGHT CORPORATION. et at, Docket Nos. 030-059S0-ML&ML-2, 030-059S2-ML&ML-2 Memorandum and Order, LEP-92-27,36 NRC 196 (Sep-(ASLBP Nos. 92-659-01-ML 92-664-02-ML-2) tember 24,1992)

Memorandum and Order LEP-92-13A 35 NRC 205 PATRICK K.C.

CHUN, M.D.,

Docket No. 30-( une 11,1992) 31570-EA (ASLBP No. 92-657-02-EA)

Memorandum and Order, LBP-92-12, 35 NRC 195 Memorandum and Order, LBP-92-16A, 36 NRC 18 (May 26,1992)

(July 17,1992)

PIPING SPECIALISTS, INC., Docket No. 030-29626-TULSA GAMMA RAY, INC., Docket No. 30-12319-OM (ASLBP No 92-653-412-OM)

Cis P (ASLBP No. 90-618-03-CivP)

Memorandum and Order, LBP-92-7, 35 NRC 163 Initial Decision, LBP-91-40,34 NRC 297 (December 10.

(April 17,1992) 1991)

NUREG-1363. Vol. 5 32

APPENDIX E MAJOR FEDERAL STATUTES AND REGULATIONS l

RELEVANT TO ASLIIP ADJUDICATIONS 1

l Federal Statutes Pan 33 Specific Domestic 1.icenses of Broad Scope for Hyproduct Material 1.

The Atomic Energy Act of 1954. as amenJed. 42 U.S.C. g E 20 l l n 3cq, Pub.L b3-703. 6S STAT. 9 P1.

Part 34, Licenses for Radiography and Radiation Safety Requirements for Radiographic Opeta.

2.

The linergy Reorganization Act of 1974 as tions amended. 42 U.S.C. {} 201-401, Pub.L 93 -43S,85 STAT.1233.

Part 35. Medical Use of Hyproduct Material 3.

Uranium Mill Tallmps Radiation Control Act of Part 39. Licenses and Radiation Safety Require-1978, as amenJed 42 U S C. hs 7901 a seq Pub.L ments for Well Impging 95-604. 92 STAT. 3021.

Part 40. Domestic Licensing of Source Matenal 4.

Administrative Procedure Act 5 U.S.C. sk 551-559.

Pan 50. Domestic Licensing of Production and Utde 5.

Transportation Safety Act of 1974. 49 U.S.C. gg zation Facilities 1801 et. seq. Pub.L 43-633. SS STAT. 2156.

Part 5L Erwironmental Protection Regulations for 6.

National Environmental Pohes Act of 1969. as Domestic Licensing and Related Reputatory amended. Pub.L 41-190,83 STAT. 852.

Functions 7.

Clean Air Act Amendments of 1977. Pub.L 95-95.

Part 53 Criteria and Procedures for Determining 91 STAT. 685.

Adequacy of Available Spent NucIcar Fuel Storage Capacity 8.

Nuclear Waste Policy Act of 1982. 42 U.S.C (' }

10101 a seg, Pub.L 97--425,96 ST AT. 2201.

Part 55, Operators' Licenses Part 60. Disposal of High-Level Radioactive Wastes NegulatiOUS Geologic Repositories Title 10 Code of Federal Regulations (24 Parts):

Part 61 Licensmg Requirements for land Disposal of Radioactive Waste Part O. Conduct of Emplo)ces Part 70, Domestic Licensmg of Special Nuclear Ma-Part 2. Rules of Practice for Domestic Licensing tenal Proceedings Part 71, Packaging and Transponation of Radioac-Part 19, Notices. Instructions, and Reports to Work-tive Matcrial ers: Inspections Pan 72, Licensing Requirements for the Storage of Part 20. Standards for Protection Against Radiation Spent Fuel m an Independent Spent Fuel Stor-age Installation (ISFSI)

Part 21. Reportmg of Defects and Noncompliance Part 73 Matenal Control and Accounting of Special Part 30 Rules of General Applicability to Domestic Nuclear Materials Licensing of Hyproduct Material Part 100 Reactor Site Cntena Part 32 Specific Domestic Licenses to Manufacture or Transfer Cenain items Contaming Part 140, Financial Protection Requirements and Hyproduct Matenal Indenmity Agreements 33 N Lt REG-1363. Vol. 5

Printed on recycled paper Federa Recycling Program d

NRC FORM 335 U.S. NUCLE AR HEGULATORY COMMi&SION

1. R E PORT NUMBE R

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NUREG-1363

2. TITLE AND SUBTITLE 3

DATE REPORT PUBLISHE D tom.c Safety and Licensing Doard Panel %nnual Report:

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,u, Fiscal Year 1992 September 1993 i

4. F IN OR GR ANT NUMBE R

5. AUTHORis)

6. TYPE OF REPORT

$P.nual

3. Paul Cotter, Jr*

7. PE R IOD cove R E c onca, o.m; FY 1992 8 PE R FORMING ORGANIZ AT ION - N AME AND ADDR ESS (se enc. per=== o== sea, one, or n.,

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9. SPONSORING ORG ANIZATION - NAME AND ADDRESS ist enc. eran s

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n. on ce er me,.ma. us m.=m., m.pua.m.,y e no Same as 3, above

10. SUPPLEMENTARY NOTE S Eleventh ir.nual Re ort

11. ABST R ACT (Joo.orm er was In Fiscal Year 1992, the Ato~ic Safet" and :_icensing 'scard Danel "the Danel")

handled 33 nroceedings. The cases adcressed issues ir the construction, creration, ani Taintenance of co m ercial nuclear no'..er reactcrs and other activities requiring a license fron the '.uclear Reculator? Comnission.

T':i s report sets out the Par.el's caseload durir.g the," ear ar ' sumarizes, higl: lights, an" ar.alyzes how the 1ide anging issues raised in those nroceedings vere addressed b" the Panel's judges and licer. sing boards.

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12. K L Y WORDS/DE SCR :PT ORS tier =oam erea,ases sne< =.rs asser ausseeers da sorstaas rae =riort J 11 AWLA8"LaT v staitutNT Unlimited

14. El CUHi T Y CLAM 46 tC.Al 804

<Thas Paves ASLBP Anr.ual .eport Unclassified Fiscal Year 1992

< r Five-Year Projections Unclassified Contentions Filed is. Nu eER OF PAGES

16. PRICE NRC f ORM 335 G49)

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ANNUAL REPORT FOR FISCAL YEAR 1992 FIRST CLASS MAIL NUCLEAR REGULATORY COMMISSION rosTAGE Af40 FEES PAfD WASHINGTON, D.C. 20555-0001 usNac PERMIT NO. G 67 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, 6300 l

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