ML20062C847

Demands Summary Denial of Applicant Exemption Request or Alternatively,Requests Adjudicatory Hearing Be Ruled Upon Before Decision on Applicant Request Made

ML20062C847
Person / Time
Site:	Clinch River
Issue date:	08/04/1982
From:	Finamore B, Weiss E HARMON & WEISS, National Resources Defense Council, Sierra Club
To:	Ahearne J, Asselstine J, Gilinsky V, Palladino N, Roberts T NRC COMMISSION (OCM)
References
NUDOCS 8208050378
Download: ML20062C847 (6)

Text

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,2 The Honorable Nunzio J. Palladino The Honorable James K. Asselstine Chairman Commissioner Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 The Honorable pictor Gilinsky The Honorable John F. Ahearne Commissioner Commissioner Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 The Honorable Thomas F. Roberts Commissioner Nuclear Regulatory Commission Washington, D.C. 20555 Re: Clinch River Breeder Reactor Plant Docket No. 50-537 Gentlemen:

On June 11, 1982, Natural Resources Defense Council, Inc. and the Sierra Club, Intervenors in the licensing proceedings for the Clinch River Breeder Reactor, filed with the Commission a Petition to the Commissioners to Exercise Their Inherent Supervisory Authority to Delineate the Scope of the Limited Work Authorization Proceeding for the Clinch River Breeder Reactor. Applicants filed their response to that petition on July 1, 1982, and NRC Staff filed their response on July 12, 1982. Intervenors, in turn, replied to Applicants' and Staff's responses on July 22, 1982. As of August 4, 1982, the Commission has taken no action concerning this matter, nor has it in any way acknowledged these filings.

On July 14, 1982, Intervenors filed with Commission a Petition for Investigation. The Commission issued an Order in response to that Petition for Investigation af ter seven days, on July 21, 1982.

Because we felt the Order reflected a misperception of the thrust of our Petition for Investigation, Intervenors on July 26, 1982 filed a kb[ MOCK 378 820004 0500o53, G

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The Honorable Nunzio J. Palladino s s

The Honorable Victor Gilinsky ' ,

The Honorable Thomas F. Roberts The Honorable James K. Asselstine The Honorable John F. Ahearne: '

August,3, 1982 '

Page Two 's Response to the Commission's' Order, seeking expansion of the investigation itiordered. As of August 4, 1982, the Commission has not r,esponded,yo'that filing. ',

In conjun tion with Applicants' third exemption request under 10 C.F.Ru S50.12, Intervenors filed on July 9, 1982 a Motion for p

Summary Lenial of-Ap'licants' Section,50.12 Request; or Alternatively,

< Request for.' Adjudicatory Hearing. At the Commission meeting of July 9, 1982, the Commission decided to proceed with the schedule for consideration of the exemption request suggested by the Chairman, while sintultaneously considering Intervenors' Motion for Summary Denial. Since that time Intervonors have received no word concerning this motion. Informal oral presentasions on the exemption request were completed July 29,s 1982, and tiie Commission is scheduled to vote on the request August 5, 1982. The Commission has proceeded almost to the conclusion of its consideration of the exemption request while completely disregarding Intervenors' good faith legal arguments that the proceeding should not take place at all, and alternatively, that an adjudicatory hearing should be-held if the Commission considers the matter a third time. -

While we realizd that the Commission cannot respond to everything immediately, the matters dealt with here are all dependent on timeliness. The LWA hearings for Clinch River are scheduled to begin in three weeks, on. August 23, and the Licensing Board has recently declined our request tG reconsider its rulings on the scope of that proceeding in light of new information. Testimonyiis due August 16, so any Commission ruling on the scope of the proceeding would be much more useful and efficient now than it will be after the hearing has begun. Similarly, Intervenors' Petition for In9estigation relates in a major way to the exemption request, which 4e Commission is apparently'about to decide. One major po nt >t our, response to the

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July 14 Order was that the 'investig'stie- . no. .d not be limited to the individuals involved in the memoranda vs. s, ) si. The matter should be resolved before the exemption request es deciand. That the motions

, for summary denial of the third exemption request and regarding the manner of its consideration should be decided before the ultimate decision on the' request requires no explanation.

1 4 u ____

The Honorable Nunzio J. Falladino The Honorable Victor Gilinsky The Honorable Thomas F. Roberts The Honorable James K. Asselstine The Honorable John F. Ahearne August 3, 1982 Page Three The Commission's treatment of Intervenors' filings in this proceeding (apart from its prompt response to our Petition for Investigation) stands in contrast to its treatment of Applicants' exemption request. A meeting to establish a schedule for consideration of the request was held within days of the submission of the request, and an extremely expedited schedule was established at that meeting, which would result in a Commission decision in just over one month on this extraordinary action.

We urge you to take action on the matters discussed above so that they are not all decided by default.

Respectfully submitted, Ellyd'R. Weiss Dean Tousley HARMON & WEISS 1725 Eye Street, N.W.

Washington, D.C. 20006 (202) 833-9070 6sfbara A. Finamore S. Jacob Scherr Natural Resources Defense Council, Inc.

1725 Eye Street, N.W.

Washington, D.C. 20006 (202) 223-8210 Attorneys for Intervenors Natural Resources Defense Council, Inc.

and the Sierra Club

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cc:

• Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Daniel Swanson, Esquire Stuart Treby, Enduire Bradley W. Jones, Esquire Office Of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Ruthanne Miller Office of Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (3 copies)

• R. Tenney Johnson, Esquire Leon Silverstrom, Esquire Warren E. Bergoholz, Jr., Esquire Michael D. Oldak, Esquire L. Dow Davis, Esquire Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W., Rm. 6A245 Washington, D.C. 20585

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Gregg A. Day, Esquire )

Frank K. Peterson, Esquire Morgan, Lewis & Bockius 1800 M Street, N.W.

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