ML20069G488

Response Opposing Applicant 830323 Suppl to 830307 Schedule Motion.Applicant Reliance on Intervenor Proposed Schedule Misplaced.Proposed Schedule for CP Hearings Unworkable & Unnecessarily Foreshortened.Certificate of Svc Encl

ML20069G488
Person / Time
Site:	Clinch River
Issue date:	03/24/1983
From:	Finamore B, Weiss E HARMON & WEISS, National Resources Defense Council, Sierra Club
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8303250165
Download: ML20069G488 (6)

Text

,o u CCWETED U'ipc March 1983 3 MR 24 p;;;g z e .

UNITED STATES OF AMERICA  : C NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Marshall E. Miller, Chairman Gustave A. Linenberger, Jr.

Dr. Cadet H. Hand, Jr.

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In the Matter of )

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UNITED STATES DEPARTMENT OF ENERGY )

PROJECT MANAGEMENT CORPORATION ). Docket No. 50-537 TENNESSEE VALLEY AUTHORITY )

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(Clinch River Breeder Reactor Plant) )

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INTERVENORS' RESPONSE TO

APPLICANTS' SUPPLEMENT TO MARCH 7, 1983 SCHEDULE MOTION Intervenors, Natural Resources Defense Council, Inc. and the Sierra Club, hereby respond in opposition to " Applicants' Supplement to March 7, 1983 Schedule Motion," filed March 23, 1983.

As a preliminary matter, Applicants' reliance upon Intervenors' " proposed schedule" is misplaced. As indicated to the Board on January 5, 1983 (Tr. 7062-63), and to Applicants in a March 22, 1983 phone conversation, Intervenors' response to Applicants' original schedule was based on the assumption that the Board' intended to commence construction permit evidentiary 8303250165 830324 PDR ADOCK 05000537 Q

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i hearings in June, 1983. During the January 5, 1983 conference, it became apparent that the Jun'e 1983 date earlier discussed by the Board (Tr. 6727-6730) referred to commencement of limited LWA-2 hearings, not the full-blown construction permit hearings currently envisioned. Intervenors strongly oppose the adoption of Applicants ' proposed schedule to the construction permit phase.

This proposed schedule for construction permit hearings is both unworkable and unnecessarily foreshortened. In its Partial Initial Decision, the Board foresaw a " heavy burden" upon all parties at the construction permit phase of evidentiary hearings to provide sufficient evidence to permit a resolution of Intervenors' Contention 1 (PID 22). Applicants' schedule, by arbitrarily cutting off discovery and greatly limiting trial preparation time, makes it highly unlikely that the parties will be able to prepare adequately to meet this heavy burden.

Secondly, Applicants admitted (March 7 Schedule Motion at 2) that, at the very earliest, site preparation activities will not be completed before the end of the year. Moreover, Congress has specifically prohibited the commencement of any CRBR construction activities for the remainder of this fiscal year. H.R. Rep. No.97-980, 97th Cong., 2d Sess. 186 (1982). Under these circumstances, Intervenors see no justification for bypassing an adequate trial preparation period in the haste to begin a new round of hearings.

1 On March 8, 1983, in response to Applicants' March 7 Schedule Motion, the Board revoked the LWA-2 proceeding and

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directed the parties to commence discovery immediately on all Construction Permit issues. In light of the above, and considering the continuing uncertainty surrounding the dates for publication of the ACRS review and the NRC SER Supplement, Intervenors submit that establishment of a firm hearings schedule should, at the very least, await publication of the ACRS review and the SER Supplement.

Respectfully submitted, Barbara A. Finamore t'/

W S. Jacob Scherr Natural Resources Defense Council, Inc.

1725 I Street, NW, #600 Washington, D.C. 20006 (202) 223-8210 phn P. Maiu (ned '~

Ellyn 7. Weiss /

HARMON & WEISS 1725 I Street, NW Suite 506

. Washington, D.C. 20006 (202) 833-9070 ATTORNEYS FOR INTERVENORS NATURAL RESOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB Dated: March 24, 1983

CERTIFICATE OF SERVICE I hereby certify that copies of INTERVENORS' RESPONSE TO APPLICANTS' SUPPLEMENT TO MARCH 7, 1983 SCHEDULE MOTION were delivered this 24th day of March 1983 by hand

• or by first class mail upon:

• Marshall E. Miller, Esq.

Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th floor Bethesda, MD 20814

• Gustave A. Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th floor Bethesda, MD 20814

• Sherwin E. Turk, Esq.

Stuart Treby, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Maryland National Bank Building 7735 Old Georgetown Road Bethesda, MD 20814

• Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 1717 H Street, NW, Room 1121 Washington, D.C. 20555

• Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission 1717 H Street, NW, Room 1121 Washington, D.C. 20555

• Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission 1717 H Street, NW, Room 1121 Washington, D.C. 20555 (3 copies)

• Indicates hand delivery.

Certificate of Service - 2 ,

R. Tenney Johnson, Esq.

Leon Silverstrom, Esq.

Warren E. Bergholz, Jr., Esq.

Michael D. Oldak, Esq.

L. Dow Davis, Esq.

Office of General Counsel U.S. Department of Energy 1000 Independence Ave. , SW, Rm. 6A245 Washington, D.C. 20585

• George L. Edgar, Esq.

Irvin N. Shapell, Esq.

Thomas A. Schmutz, Esq.

Gregg A. Day, Esq.

Frank K. Peterson, Esq.

Morgan, Lewis & Bockius 1800 M Street, NW, 7th Floor Washington, D.C. 20036 Dr. Cadet H. Hand, Jr., Director Bodega Marine Laboratory University of California P.O. Box 247 Bodega Bay, CA 94923 (Federal Express Mail)

Herbert S. Sanger, Jr., Esq.

Lewis E. Wallace, Esq.

James F. Burger, Esq.

W. Walker LaRoche, Esq.

Edward J. Vigluicci, Esq.

Office of the General Counsel

• Tennessee Valley Authority 400 Commerce Avenue Knoxville, TN 37902 William M. Leech, Jr., Esq.,

Attorney General William B. Hubbard, Esq.,

Chief Deputy Attorney General Michael D. Pearigen, Esq.

State of Tennessee

! Office of the Attorney General l 450 James Robertson Parkway Nashville, TN 37219 l Lawson McGhee Public Library l 500 West Church Street Knoxville, TN 37219 l

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Certificate of Service - 3 William E. Lantrip, Esq.

l City Attorney Municipal Building P.O. Box 1

Oak Ridge, TN 37830 l

Oak Ridge Public Library Civic Center Oak Ridge, TN 37820 Joe H. Walker 401 Roane Street l' Harriman, TN 37748 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 1007 Nashville, TN 32219

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@ rbara A. Finamore l

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