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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20106J8711985-02-15015 February 1985 Notification Concerning Site redress.Near-term Planning for Site Redress Predicated Upon Commencing Redress by May 1985. Certificate of Svc Encl ML20107M9411984-11-0808 November 1984 Response to Motion to Dismiss Proceeding Re Revocation of Lwa.Authorization of Revocation of LWA & That Proceedings Be Dismissed W/O Prejudice Recommended.Certificate of Svc Encl ML20106J7951984-10-30030 October 1984 Response to Applicant 841019 Motion to Dismiss Proceeding. Motion Acceptable Subj to Conditions Set Forth in Redress Plan & NRC .Certificate of Svc Encl ML20093M2611984-10-19019 October 1984 Motion to Dismiss Proceeding.Applicable Conditions of Existing Federal Water Permit & State Water Quality Requirements Will Remain in Effect.Supporting Documentation & Certificate of Svc Encl ML20098F7391984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl ML20098F9571984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20097G9671984-09-19019 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20087F4701984-03-15015 March 1984 Answer to Applicant Petition for Review of ASLB 840229 Memorandum & Order Re Crbr LWA Proceedings on Site Redress Plan.Intervenors Main Concern Is That Redress Be Rapid & Effective.W/Certificate of Svc ML20086T0141984-03-0505 March 1984 Petition for Review of Appeal Board 840229 Memorandum & Order Readmitting Intervenors to Proceedings.Intervenor Participation Will Protract Proceeding for Project Which Is Terminated.Certificate of Svc Encl ML20080N0471984-02-21021 February 1984 Answer Opposing NRDC & Sierra Club Appeals to ASLB Decisions.Certificate of Svc Encl ML20080C6411984-02-0606 February 1984 Brief of Intervenors in Support of Appeal of ASLB 840120 Order.Certificate of Svc Encl ML20080C6121984-02-0606 February 1984 Notice of Appeal of ASLB 840120 Notice Denying NRDC Motion to Intervene ML20080C6021984-02-0606 February 1984 Brief in Support of Appeal of ASLB 840120 Order Re NRDC Motion to Intervene ML20083J4351984-01-0909 January 1984 Response to NRDC Reply Per ASLB 831228 Order.Contentions Raised in NRDC Motion to Intervene Moot.Motion Should Be Denied.Certificate of Svc Encl ML20083E4231983-12-27027 December 1983 Notice of Project Termination.Certificate of Svc Encl ML20082S4541983-12-12012 December 1983 Reply to Util 831205 & NRC 831208 Responses to NRDC Motion to Intervene.Appropriate ASLB Course of Action Is Termination of Proceedings on Grounds of Mootness. Certificate of Svc Encl ML20082S4471983-12-12012 December 1983 Request to Reply to Util 831205 & NRC 831208 Responses to NRDC Motion to Intervene ML20082Q6841983-12-0909 December 1983 Amended Notice of Appearance in Proceeding.Certificate of Svc Encl ML20082M5401983-12-0505 December 1983 Response Opposing NRDC 831123 Motion to Intervene.Proceeding Moot Due to Project Cancellation.Cp Partial Initial Decision Should Be Issued.Certificate of Svc Encl ML20082M5271983-12-0505 December 1983 Response Supporting Intervenor 831123 Motion to Terminate Appeal Proceedings,Vacate Partial Initial Decision & Authorize Revocation of Lwa.Certificate of Svc Encl ML20082E1261983-11-23023 November 1983 Petition of NRDC for Leave to Intervene & Request for Hearing Re Effect of Crbr Termination on CP Proceedings. Contentions Listed ML20081D7931983-10-31031 October 1983 Confirmation of Info Re Legislative Status Discussed W/Aslb in 831028 Telcon.Certificate of Svc Encl ML20081A5041983-10-25025 October 1983 Supplemental Citations Supporting Thesis That Following Hydrodynamic Core Disruptive Accident,Reactor Vessel Closure Head Is More Susceptible to Failure than Reactor Vessel Head.Certificate of Svc Encl ML20078B9771983-09-26026 September 1983 Response Opposing NRC 830913 Motion for Leave to File Supplemental Affidavit of Lg Hulman.Affiant Revised Testimony Incorrect,Misleading & Irrelevant.Certificate of Svc Encl ML20076C9811983-08-22022 August 1983 Motion to Correct Transcript of Aug 1983 CP Evidentiary Hearings.Certificate of Svc Encl ML20076A7871983-08-17017 August 1983 Motion to Reschedule 830929 Oral Argument to 830928. Certificate of Svc Encl ML20077J5051983-08-15015 August 1983 Proposed Initial Decision,Findings of Fact & Conclusions of Law Re Cp.Certificate of Svc Encl ML20077B6661983-07-22022 July 1983 Response Opposing Intervenor 830518 Exceptions to ASLB 830228 Partial Initial Decision on Lwa.Aslab Should Affirm ASLB Decision.Site Suitability Arguments Incongruous. Certificate of Svc Encl ML20024C3641983-07-0808 July 1983 Limited Appearance Statement of TB Cochran Re Issues Raised in CP Proceeding.Discusses Radiological Consequences of Crbr Core Disruptive Accident & Site Suitability.Certificate of Svc Encl ML20072F2651983-06-22022 June 1983 Response to Intervenor 830621 Motion to Withdraw Contentions 1,3,9(c),9(f) & 9(g) from Consideration at Jul 1983 CP Hearings.Intervenors Should Be Dismissed as Parties. Certificate of Svc Encl ML20079R2631983-06-21021 June 1983 Response Opposing Applicant 830519 & 23 Motions for Summary Disposition of Contentions 9(g),9(c) & 9(f).Motions Moot Since Intervenors Moved to Withdraw Contentions from Consideration ML20079R2491983-06-21021 June 1983 Motion to Withdraw Contentions 1,3,9(c),9(g) from Consideration at Jul 1983 CP Hearings & Request for Leave to Submit Written Statement on Issues Raised.Limited Resources Prohibit Continued Full Participation ML20071M3191983-05-27027 May 1983 Notification of Pending Litigation Re NRDC 821001 Motion to Expedite Consideration of Emergency Motion to Amend Us District Court of Appeals Remand & to Review EPA Regulations.Certificate of Svc Encl ML20071H0321983-05-23023 May 1983 Motion for Summary Disposition of Intervenor Contentions 9(c) & 9(f) Re Adequacy of Evacuation Time Analysis in Psar. No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision.Certificate of Svc Encl ML20071H0461983-05-23023 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contentions 9(c) & (F) on Emergency Plans ML20071H0911983-05-23023 May 1983 Motion for Extension Until 830722 to File Response to Intervenors 830518 Brief in Support of Exceptions. Certificate of Svc Encl ML20076D0191983-05-19019 May 1983 Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention 9(g) on Emergency Planning.Certificate of Svc Encl ML20076C9801983-05-19019 May 1983 Motion for Summary Disposition of Contention 9(g) Re Emergency Plans.No Genuine Issue of Matl Fact Exists ML20023D1761983-05-18018 May 1983 Notification Re PRA Status Rept.Encl Phase I PRA Rept Not Submitted to NRC for Review.Results of Rept Insignificant to Proceeding.W/O Phase I Rept.Certificate of Svc Encl ML20071H2211983-05-18018 May 1983 Brief Supporting Exceptions to ASLB 830228 Partial Initial Decision Re LWA ML20023D0951983-05-17017 May 1983 Third Set of CP Interrogatories & Request to Produce. Certificate of Svc Encl.Related Correspondence ML20074A8791983-05-13013 May 1983 Response to 830425 Eleventh Set of Interrogatories & Request for Admissions.Certificate of Svc Encl.Related Correspondence ML20074A8621983-05-13013 May 1983 Response to 830427 Second Set of CP Interrogatories & Request for Admissions.Related Correspondence ML20023C2071983-05-0909 May 1983 Certifies Svc on 830509 ML20079Q3021983-05-0909 May 1983 Corrected Response to First Set of Interrogatories & Request to Produce.Requested Documents Will Be Made Available for Insp & Copying ML20079Q3001983-05-0909 May 1983 Responds to Second Set of CP Interrogatories.Aerosol Plateout & Fallout Calculations Discussed.Affidavit Encl. Related Correspondence ML20079Q2781983-05-0909 May 1983 Response to First Set of CP Interrogatories & Request to Produce.Requested Documents Will Be Made Available for Insp & Copying.Related Correspondence ML20079P9141983-05-0909 May 1983 Response Opposing Intervenor 830429 Motion for Extension of Time.Good Cause Not Demonstrated ML20023C1961983-05-0606 May 1983 Certifies Svc on 830506 of Intervenor Supplementary Response to Applicant Eighth & Ninth Set of Interrogatories Dtd 830401 & 08 & Intervenor Response to Applicant Tenth Set of Interrogatories Dtd 830421 ML20079P6971983-05-0606 May 1983 Supplementary Response to Eighth & Ninth Set of Interrogatories & 08.Review of SER & Related Documentation Incomplete,Hindering Response to Certain Interrogatories.Related Correspondence 1985-02-15
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20106J8711985-02-15015 February 1985 Notification Concerning Site redress.Near-term Planning for Site Redress Predicated Upon Commencing Redress by May 1985. Certificate of Svc Encl ML20098F7391984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl ML20098F9571984-09-28028 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20097G9671984-09-19019 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20086T0141984-03-0505 March 1984 Petition for Review of Appeal Board 840229 Memorandum & Order Readmitting Intervenors to Proceedings.Intervenor Participation Will Protract Proceeding for Project Which Is Terminated.Certificate of Svc Encl ML20080C6021984-02-0606 February 1984 Brief in Support of Appeal of ASLB 840120 Order Re NRDC Motion to Intervene ML20080C6121984-02-0606 February 1984 Notice of Appeal of ASLB 840120 Notice Denying NRDC Motion to Intervene ML20080C6411984-02-0606 February 1984 Brief of Intervenors in Support of Appeal of ASLB 840120 Order.Certificate of Svc Encl ML20083E4231983-12-27027 December 1983 Notice of Project Termination.Certificate of Svc Encl ML20082Q6841983-12-0909 December 1983 Amended Notice of Appearance in Proceeding.Certificate of Svc Encl ML20081D7931983-10-31031 October 1983 Confirmation of Info Re Legislative Status Discussed W/Aslb in 831028 Telcon.Certificate of Svc Encl ML20081A5041983-10-25025 October 1983 Supplemental Citations Supporting Thesis That Following Hydrodynamic Core Disruptive Accident,Reactor Vessel Closure Head Is More Susceptible to Failure than Reactor Vessel Head.Certificate of Svc Encl ML20071M3191983-05-27027 May 1983 Notification of Pending Litigation Re NRDC 821001 Motion to Expedite Consideration of Emergency Motion to Amend Us District Court of Appeals Remand & to Review EPA Regulations.Certificate of Svc Encl ML20023D1761983-05-18018 May 1983 Notification Re PRA Status Rept.Encl Phase I PRA Rept Not Submitted to NRC for Review.Results of Rept Insignificant to Proceeding.W/O Phase I Rept.Certificate of Svc Encl ML20023C2071983-05-0909 May 1983 Certifies Svc on 830509 ML20023C1961983-05-0606 May 1983 Certifies Svc on 830506 of Intervenor Supplementary Response to Applicant Eighth & Ninth Set of Interrogatories Dtd 830401 & 08 & Intervenor Response to Applicant Tenth Set of Interrogatories Dtd 830421 ML20070M0721983-01-11011 January 1983 Response to State of Tn Atty General 821110 Position Paper & City of Oak Ridge,Tn 821112 Statement on Socioeconomic Impact of Crbr.Significant Adverse Impacts Unlikely. Certificate of Svc Encl ML20069Q4641982-12-0808 December 1982 Notification of Pending Litigation.Court of Appeals,Dc Circuit,Remanded Case Re Exemption to Allow Site Preparation Activities to Commission to Reconsider 10CFR50.12 Availability.W/Certificate of Svc ML20069P6681982-12-0707 December 1982 Suggestions for Procedures & Scheduling Re Court of Appeals, DC Circuit,821202 Remand of Applicant Exemption Requests to Commission.Certificate of Svc Encl ML20067B2731982-12-0303 December 1982 Notification of Pending Litigation.Cases Include Petition for Review & Application for Stay of Commission 820817 Order,Epa & NRC Crbr Project Ofc Agreement Issue & LMFBR Program Statement.Certificate of Svc Encl ML20028A0471982-11-12012 November 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20028A3491982-11-12012 November 1982 Statement on Socioeconomic Impact of Crbr.Certificate of Svc Encl ML20027E7151982-11-10010 November 1982 Position Paper of State of Tn Atty General on Socioeconomic Impact Matters.Certificate of Svc Encl ML20066C3671982-11-0505 November 1982 Notice of Intent to Introduce Natl Security Info Re Design Basis Threat Levels of Various Federal Agencies for Various Categories of Threat.Certificate of Svc Encl ML20027D6551982-11-0404 November 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20071P2071982-10-29029 October 1982 Notice of Change of Counsel & Address as of 821101. Certificate of Svc Encl ML20065P9891982-10-21021 October 1982 Statement of Qualification for Intervenor Expert Witnesses TB Cochran & C Johnson.Prof Qualifications & Certificate of Svc Encl ML20063P4691982-10-0707 October 1982 Notice of Pending Litigation.Certificate of Svc Encl ML20065H5691982-09-29029 September 1982 Corrected Notification of Pending Litigation,Including Omitted Sentence from 820924 Notice.Certificate of Svc Encl ML20069F9311982-09-24024 September 1982 Notification of Pending Litigation.Nrdc & Sierra Club Filed Petition for Review & Application for Stay of Commission 820917 Order & Filed Suit Alleging Violation of NEPA & EPA Regulations.Certificate of Svc Encl ML20065A0071982-09-0909 September 1982 Notice Re Pending Litigation.Nrdc & Sierra Club Filed Petition for Review & Application for Stay of Commission 820817 Order Granting Exemption to Allow Site Preparation in Us Court of Appeals,Dc Circuit.Certificate of Svc Encl ML20063M2861982-09-0101 September 1982 Certifies Svc of Encl JB Gelin & Attached Jr Longenecker on 820901 ML20063M2691982-08-31031 August 1982 Notice of MD Pearigen Appearance in Proceeding Substituting for L Breckenridge.Certificate of Svc Encl ML20062J6231982-08-12012 August 1982 Notice of Aslab Reconstitution.Sf Eilperin,Chairman & WR Johnson & Gj Edles,Members ML20058E3751982-07-21021 July 1982 Responses to Commission 820721 Order Posing Questions Re NRDC 820714 Petition for Investigation.Commission Should Attempt to Discover Whether Memoranda Represent Isolated Incidents or Reflect Broader Practice.W/Certificate of Svc ML20055B0951982-07-19019 July 1982 Notice of 820823 Evidentiary Hearing & Prehearing Conference in Oak Ridge,Tn ML20054L8321982-07-0202 July 1982 Notification & Recommendations Re Hearing Schedule. Certificate of Svc Encl ML20049K0391982-03-19019 March 1982 Amended Notice of Appearance in Proceeding.Certificate of Svc Encl ML20042A3831982-03-19019 March 1982 Statement of Position Re Discovery Matters Upon Which No Agreement Can Be Reached,Per ASLB 820211 Prehearing Conference Order.Certificate of Svc Encl ML20040H2941982-02-11011 February 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20040F8741982-02-0808 February 1982 Prehearing Conference Statement.Discovery Should Continue, Commencing at Prehearing Conference & Should Conclude No Sooner That Dec 1982,scheduled Date for Release of Fes. Lists New Info.Certificate of Svc Encl ML20040H2991982-02-0505 February 1982 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20040D5721982-01-29029 January 1982 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20062M4811981-12-15015 December 1981 Notice of Appearance in Proceeding ML20010F8791981-09-0404 September 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20010F8881981-09-0303 September 1981 Notice of Change of Counsel & Change of Address.Ar Tomplin & Az Roisman Should Be Removed from Svc List & Replaced by B Finamore & Er Weiss 1985-02-15
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Text
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Y
_. .t.
e DOLKETED UTMC !
1 11/83
'83 JM 11 M2:1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS' ION ,iuc.-['m ,
y;, ;
i In the Matter of UNITED STATES DEPARTMENT OF ENERGY )
PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537 TENNESSEE VALLEY AUTHORITY )
(Clinch River Breeder Reactor Plant)
APPLICANTS' RESPONSE TO TENNESSEE ATTORNEY GENERAL AND .
CITY OF OAK RIDGE Pursuant to the direction of the Atomic Safety and ;
t Licensing Board in the above-captioned proceedings, the United ,
I States Department of Energy cnd Project Management Corporation, for themselves and on behalf of the Tennessee Valley Authority :
(the Applicants), hereby respond to the Tennessee Attorney j General's Position Paper on Socio-Economic Impact Matters of the Clinch River B'reeder Reactor Plant, dated November 10, 1982
[ hereinafter "A. G. Position Paper"), and the City of Oak Ridge's Statement Relative to the Socio-Economic Impact of the Clinch River Breeder Reactor Plant, dated November 12, 1982 [ hereinafter "O. R. Statement"].
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r3011dO256 830111 PDR ADOCK 05000537
INTRODUCTION -
This matter comes before the Board in the context of a
record which contains no disputed issues of fact.- The Attorney General ". . . has chosen not to contest the Applicants' or the Staf f's analysis of socio-economic impacts . . . . A. G.
Position Paper at 3. The City of Oak Ridge has withdrawn from the proceeding. Board Order, dated September 7, 1982. The posi-tions of the Attorney General and City, which muct be evaluated in the context of the state of the uncontroverted facts in the
record, can be distilled to the following arguments:--
- 1. A socio-economic monitoring program should be part of the license. A. G. Position Paper at 4; O. R. Statement at 4,
- 2. The monitoring program should monitor the actual impacts of the facility, and also the impacts which would be incurred if CRBRP were a private facility. O. R. Statement at 3-4.
- 3. Monitoring and mitigation should be provided for the eventuality of premature, mid-construction project closure.
A. G. Position Paper at 4-6.
--*/ The Attorney General of Tennessee is participating as an interested state pursuant to 10 C.F.R. l2.715. A. G.
Position Paper at 1. Roane County, which had originally advanced a socio-economic contention, withdrew from participation. See Board Order, dated December 14, 1976.
- / Obviously, the Board need not reach the argument presented at pages 17-18 of the A.G. Position paper which advances an objection to the Commission's August 17, 1982 Order authorizing site preparation activities pursuant to 10 C.F.R.
$50.12.
l
-4. - Mitigation of impacts, if any, should be a mandatory condition of the license. A. G. Statement at 6-17; O. R.
Statement at 1; 4. /
In what follows, the Applicants will demonstrate that:
A) the record shows that significant adverse socio-economic impacts are not likely to occur; B) the monitoring program set forth in the FES is adequate, and neither the City nor the Attorney General have advanced any basis for a contrary conclusion, and C) as a matter of law, mitigation should not be a mandatory condition of the license.
A. The Record Shows That Significant Adverse Socio-Economic Impacts Are Not Likely The record contains substantial affirmative evidence in the form of detailed analyses which show that significant adverse socio-economic impacts are not likely to occur as a result of the
construction and operation of the CRBRP.-- These analyses
-*/ The City's position is rendered somewhat ambiguous by the concluding sentence appearing at page 4 of its Statement:
While the City of Oak Ridge recognizes that financial assistance payments are made to the City pursuant to congressional authorization and in the manner set forth in such statute;
- and further recognizes that funds made avail-able are subject to continuing appropriation, DOE as an Applicant for licensing of a facil-ity under the NRC's jurisdiction should never-theless be required to declare its intent to provide mitigation as herein prescribed.
---**/ A. Exh 36 (Applicants' Environmental Report), Vol. 3, Ch. 8; S. Exh. 8 (Final FES Supplement), Section 4.5 at 4-7 -- 4-29 ;
Section 5.6 at 5-8 -- 5-10; Section 6.1.6 at 6-17 -- 6-18; Section 10.4.1.6 at 10-10; Section 12.4.5 at 12-20; Section 12.6.1.6 at 12-29.
- consider the socio-economic effects et peak conditions- in terms of housing, schools, health care, utilities, public safety and !
, recreation, and conclude that the revenues generated by the project for local jurisdictions would probably exceed the costs [
for public services. S. Exh. 8 at 4-29; at 5-9 ---5-10; A. Exh. !
36 at 8.3-8. The record is barren of evidence to the contrary.
t 1
Accordingly, the Applicants urge the Board to render findings based on the facts noted above, and to evaluate the arguments of the Attorney General and the City in light of those findings.
i B. The Monitoring Program Set Forth In The FES j Is Adequate And Neither The City Nor The :
Attorney General Have Advanced Any Basis !
For A Contrary Conclusion ;
In spite of the facts set forth in A. above, the Attorney General and the City urge adoption of a license condi-t tion to require monitoring of socio-economic impacts. It should l be emphasized that the FES Supplement has already imposed !
l monitoring requirements on the Applicants. S. Exh. 8 at 6-17 -- ,
6-18. The Applicants have no objection to those conditions, and [
i have agreed to provide the findings of the monitoring process to ,
representatives of the State and the City. S. Exh. 8 at 6-17. I Both the State and City provided comments to the NRC l Staff on the monitoring process, and the Staff has resolved those f comments in the FES Supplement. S. Exh. 8 at 12-20. In their
- f' See S. Exh. 8, Table A4.3 at 4-10; at 5-8 -- 5-9.
i
, ...n - -w,-,,r-,,.----n, ,,---n,--n,,..e. r-w , . , - . - , , ~ , -~,,-w.- e e
Position Paper and Statement, respectively, neither the Attorney General nor the City have advanced any reason as to why the monitoring conditions imposed and parameters selected for monitoring in the FES Supplement are themselves inadequate. Nor have the Attorney General or City argued that this monitoring process would not address those parameters of importance to socio-economic impacts. Rather, the Attorney General and City would have the Board go beyond the relevant parameters for monitoring, and impose conditions requiring monitoring for two
~
additional hypothetical cases: 1) the impacts which would be .,
incurred if the CRBRP were a private facility (O. R. Statement at 3-4); and 2) the impacts which would be incurred if the project were prematurely terminated. A. G. Position Paper at 4-6. -
Neither condition should be imposed.
The City's position presents three fundamental .
problems. First, CRBRP is a federal project, and there'is no evidence in the record to suggest that this condition will change. It is speculative in the extreme to consider monitoring conditions which assume a private project organization for
CRBRP.- Second, the Applicants are at a loss to conceive of how monitoring might he done on the basis of this hypothetical condition. Whatever significant impacts do occur will be i */
~-
See Board Order, dated October 5, 1976, at 16-17, rejecting j as beyond the scope of NRC's review, portions of NRDC t Contention 10 concerning alternative project structures
[ ownership, and management arrangements.
l
,. , r- r--- w - ,-r -- . - - - - - - - - - , , ,
- a. l, f .
f.: ~ ,
N,', _
monit6r,ed, and one simply cannot monitor actual impacts for a
~ hypothetical, private . project. Third, the record-clearly ahows .
t that ievenues-are likely to e'xceed costs to local jurisdictions, s - .
, and there is n,o evidence of, circumstances which would give rise- j
~
'to the. need for imposing a factual hypothesis on the monitoring l
' - n,
, p.
pr6 cess *which presumes that' revenues to local jurisdictions will
~
. v:n
be inadequate. A~ccordingly, the Board should reject the City's ;
yargument.
1 +
- vThe Attorney General!s position presents a fundamental -
i problem in that it presumes that termination will occur, and this
.- i in turn, presumes'that there is no need for the facility. This ;
position is in dire *ct conflict with the Commission's August 1976 decision which holds that NRC's environmental review for CRBRP i
~
shall accept the need for CRBRP as given. The need for CRBRP is
not open to scrutiny in this proceeding.- Thus, the Board
~
shouldrejecttheptate'sargumentandfindthatthemonitoring
, i program established by th'e Final FES Supplement is both reasonable and adequate. ;
r C. As A Matter Of Law, Mitigation Should Not Be !
A Mandatory Condition of the License r This Licensing Board has previously considered the question of whether mitigation can be a mandatory condition of l l
-*/ United States Energy Research and Development Administration i
( (Clinch River Breeder Reactor Plant), CLI-76-13, 4 NRC 67 i (1976). i i
the license. We believe-that the Board's August 26, 1976 Order-inthisregardwascorrectandwellreasoned,andthatflittle purpose _would be served by repeating that analysis here.
Applicants believe that the Board's August 26, 1976 Order is and remains controlling here, and as a matter of law, mitigation
should not be a mandatory condition of the license.--
Aside from this matter of law, the Board should consider the arguments of the Attorney General and City from an additional practical perspective. On the basis of the record, there is ample evidence that mitigation will not be required, and in any event, monitoring results will serve to define the need, if any, for mitigation in real terms. Thus, as a practical matter, the Board need not even reach the point of imposing a requirement for mitigation in its decision. In light of the existing evidence in the record, the monitoring program imposed by the FES Supplement, and the existing statutory scheme for' assistance payments, there is no need for the Board to reach the speculative decision point urged by the Attorney General and City.
United States Energy Research and Development Administration (Clinch River Breeder Reactor Plant), LBP-76-31, 4 NRC 153 (1976).
- ] Applicants are aware of no changes in the applicable case law or statutory scheme for assistance payments since that time, nor has the Attorney General or City pointed to any changes which would invalidate the Board's August 26,1976 Order.
Indeed, Applicants are surprised that neither the Attorney General nor the City addressed or even recognized this prior i ruling. l
. o CONCLUSION -
For the reasons stated in the foregoing, the Board should reject the arguments presented by the Attorney General of Tennessee and the City of Oak Ridge.
Respectfully submitted,
.f g8vn' f j
- & m s ,
BEorge ET Edgar Attorney for g
Project Management Corporation
/ 2# W Warr'en E. Be rgh'olz , . ,r,, '
Attorney for the U . g' Department of Energy DATED: 1/11/83
~
UNITED STATES OF AMERICA
- 00'KETED NUCLEAR REGULATORY COMMISSION '"?! R ^
In the Matter of ) 23 DAN ll R2:18
)
UNITED STATES DEPARTMENT OF ENERGY ) <rr -
) ! YEA.N.x;Y, sN5iEE PROJECT MANAGEMENT CORPORATION ) Docket NoW504537
)
TENNESSEE VALLEY AUTHORITY )
) -
(Clinch River Breeder Reactor Plant) )
)
CERTIFICATE OF SERVICE Service has been effected on this date by personal 3 delivery or first class mail to the following: ;
- Marshall E. Miller, Esquire Chairman '
Atomic Safety & Licensing Board Nuclear Regulatory Commission Washington, D.C. 20545 (2 copies)
Director Bodega Marine Laboratory .
University of California ,
P.O. Box 247 Bodega Bay, California 94923 '
- Gustave A. Linenberger Atomic Safety & Licensing Board Nuclear Regulatory Commission Washington, D.C. 20545 ;
- Daniel Swanson, Esquire 1 Stuart Treby, Esquire ;
Office of Executive Legal Director Nuclear Regulatory Commission Washington, D.C. 20545 (2 copies) l
- Atomic Safety & Licensing Appeal Board l Nuclear Regulatory Commission ,
Washington, D.C. 20545
- Atomic Safety & Licensing Board Panel l Nuclear Regulatory Commission ;
Washington, D.C. 20545 >
I
.-_ _._ .._,_e . , ,_ .
- Docketing & Service Section Office of the Secretary Nuclear Regulatory Commission
< Washington, D.C. 20545 (3 copies)
William M. Leech, Jr., Attorney General William B. Hubbard, Esquire Michael D. Pearigen, Esquire State of Tennessee Office of the Attorney General 450 James Robertson Parkway '
Nashville, Tennessee. 37219
- Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37820 Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire -
James F. Burger, Esquire Edward J. Vigluicci, Esquire Tennessee Valley Authority Office of the General Counsel 400 Commerce Avenue Knoxville, Tennessee 37902 (2 copies) -
1725 Eye Street, N.W.
Suite 600 Washington, D.C. 20006 (2 copies)
Ellyn R. Weiss, Esquire Harmon & Weiss 1725 Eye Street, N.W.
Suite 506 Washington, D.C. 20006 Lawson McGhee Public Library l 500 West Church Street
- Knoxville, Tennessee 37902 William E. Lantrip, Esquire l , Attorney for the City of Oak Ridge P.O. Box 1 Oak Ridge, Tennessee 37830
- Leon Silverstrom, Esquire Warren E. Bergholz, Jr., Esquire Department of Energy 1000 Independence Avenue, S.W.
Room 6B-256 Washington, D.C. 20585 (4 copies)
Eldon V. C. Greenberg Galloway & Greenberg 1725 Eye Street, N.W.
Suite 601 Washington, D.C. 20006 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building Suite 1007 Nashville, Tennessee 37219 A V Geo @ 4 . Edgar g Attorney for Project Management Corporation DATED: January 11, 1983
-*/ Denotes hand delivery to 1717 H Street, N.W.,
Washington, D.C.
- / Denotes hand delivery to indicated address.
- / Denotes hand delivery to 4350 East-West Highway, i Bethesda, Maryland.
- / Denotes hand delivery to 7735 Old Georgetown Road, Maryland National Bank Building, Bethesda, Maryland.
- / Denotes delivery by Air Express.
. - - . _ . - - - - - - ,