ML20077J078
| ML20077J078 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 08/11/1983 |
| From: | Peterson F MORGAN, LEWIS & BOCKIUS, TENNESSEE VALLEY AUTHORITY |
| To: | Hand C, Linenberger G, Mark Miller Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8308120231 | |
| Download: ML20077J078 (10) | |
Text
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MORGAN, LEWIS E BOCKlUS DOCK TED COUNSELORS AT law upj M,,,,
1 pn g.oggpgia New Yonet 18 00 M STREET, N. W.
HAnniSeupG LONDON Los ANGELES WASHINGTON, D. C. 20036
$U$ ll g, fusa.o a tromisn-sooo CFriLT r : :
August 11, 1983 D i r:"l:. ^..
d%m Marshall E. Miller, Esquire Dr. Cadet H. Hand, Jr.
Chairman Director Atomic Safety & Licensing Board Bodega Marine Laboratory Nuclear Regulatory Commission University of California 4350 East-West Highway West Side Road Bethesda, Maryland 20814 Bodega Bay, California 94923 Mr. Gustave A. Linenberger Atomic Safety & Licensing Board Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 Re:
Clinch River Breeder Reactor Plant, 1
Docket'No. 50-537 Gentlemen:
In accordance with the Board's direction, the attached transcript pages from the August 10, 1983 session of the Clinch River Breeder Reactor Plant Construction Permit hearings have been distributed as indicated on the accompanying service list.
Respectfully submitted, 4Mf,L.% -q; Frank K. Peterson i
Attorney for Project Management Corporation Enclosure 8308120231 830811 PDR ADOCK 05000537 hb
f S14M1 67 i
1 AFTERNOON SESSION i
2 (1:10 p.m.)
3 JUDGE MILLER:
The hearing will reconvene, please.
d During the lunch recess, the Board has had an 5
opportunity to have some discussions with counsel concerning 6
the handling of such matters as closing arguments and the 7
submission of propased findings, and the like.
Considering a
that they ard being covered by both ths Applicants'and the.Staf f 9
in my view, it would be well to put at least part of those 10 recommendations which have been discussed on the record, so 11 we will ask whichever counsel wishes to go first, Mr. Edgar i
12 or Mr. Turk.
i 13 MR. EDGAR:
The Applicants will d61iver thsir 1d proposed findings to the Board on Monday.
The--
15 JUDGE MILLER:
Monday, August--
U to g
MR. EDGAR:
August 15.
t*
17 JUDGE MILLER:
--15.
8 la r
MR. EDGAR:
The Staff would file supplemental a
l' findings which address matters in addition to or in conflict f
with the findings filed by the Applicants no later than 20 I
l l
September 2 and will exercise their best efforts to file such 21 22 3
findings on August 29th.
5 23 j
g JUDGE MILLER:
Very well.
Now, what about closing 24 arguments in some depth?
25 MR. EDGAR:
We are prepared to proceed on schedule
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S14M2 8568 I
with the Board after the taking of evidentiary presentations, 2
and we intend to follow an approach which parallels that which 3
will be employed with the findings.
In other words, the d
Applicants will lead and provide the complete detailed summary.
5 The Staff will provide argument which is in addition to or 6
supplemental--or excuse me--or addresses matters in addition 7
to or in conflict with that of the Applicants and, thus, we 8
hope we will avoid either redundanc or cumulative presentation.
9 JUDGE MILLER:
Mr. Turk.
10 MR. TURK:
I think that summarizes the agreed-upon 11 approach.
I should point out that when Mr. Edgar says that 12 we will file the Staff findings by September 2nd, that is the 13 intention, and by way of clarification, let me know that if Id it is possible to file sooner, we will, but as of this time, 15 we're committing to September 2nd.
E E
16 JUDGE MILLER:
Allright.
8*
17 MR. TURK:
And I suppose I should also point out O
h 18 that that's a considerable abridgement of the time normally 3
I 19 taken by Staff to file, and Mr. Edgar himself is substantially, r
t 20 g
almost entirely, reducing the time in which he might file I
g 21 findings.
It is an accommodation by both parties to try to r
22
[
file quickly.
5 23 JUDGE MILLER:
Yes, that is true.
There certainly g
24 is a very significant expediting of the time intervals.
I 25 think for the record that the Board will accept the suggested I
(
S14M3 l
8569 i
1 schedule as thus described.
The Board will also enter an order 2
directing any parties--interested parties and the like to file 3 proposed findings not later than August 22, 1983, and we will just very clearly put the cautionary note that in the absence 4
5 of any proposed findings of fact and conclusions of law, they i
6 will be deemed waived both by this Board snd by the Appeal I
7 Board in accordance with existing practice and rulings of NRC.
8 Anything further?
9 MR. TURK: May we go off the record for a moment 10 and approach the Bench?
11 JUDGE MILLER:
Yes.
l End 14 12 (Bench conference.)
'13 14 15 k
16 17 s
18 eI 19 r
h 20 h
21 I
I f
23 3
24 25 l
l l
i
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f l-15-1 8570 1
JUDGE MILLER:
So there will be no confusion 2
in the record, the dates for the filing of proposed 3
findings of fact and conclusions of law suggested by d
counsel for the Applicants and the Staff, which were 5
the 15th of August by Mr. Edgar and the 2nd of September 6
by Mr. Turk, are accepted, approved, and adopted by the 7
Board.
8 The August 22, 1983, deadline for the filing 9
of any other proposed findings of fact or conclusions of 10 law are not in conflict with that order.
11 Anything further?
12 MR. TURK:
No.
13 JUDGE MILLER:
All right.
We will proceed, 1d then.
15 MR. TURK:
At this time, the Staff is ready f
16 to go forward with its testimony in response to I
17 Board question No. 9.
18 JUDGE MILLER:
Very well.
19 I
MR. TURK:
I would ask that Mr. Edward Branagan, 20 r
Mr. Lewis Hulman, and Mr. Donald Perrottitake the ri 21 witness stand and be sworn, please.
I 22 g
Mr. Hulman has been sworn, by the way.
23 24 25
S20M4 8662 1'
l 1
contribution for the day by knowing about the PSAR.
l 1
JUDGE MILLER:
Very good memory.
3 I think we'll take a 15-minute recess at this time, 4
and then we'll run through upon resumption until 4 o' clock, i
5 and then suspend so that we can free the people.
6 (Recess.)
7 MR. EDGAR:
I would like to know for the record that 8
in response to Judge Linenberger's request, we have handed out 9
a Xerox copy of a figure from the PSAR which corresponds to 10 the figure on page 11 of Applicants' Exhibit 95.
The PSAR 11 figure in question is Figure 17.1-4.
It's entitled "CRBRP l
12 Quality Assurance Program Functional Organi'zation of Program 1
i3 Responsibility."
It appears in this record of these proceedings 14 in Applicants' Exhibit 73 at page 17.1-18.
15 JUDGE MILLER:
Very well.
g S
16 j
Let me indicate for the record that the Board has t
17 just this afternoon made an oral order with reference to the O
{
18 filing of proposed findings of fact and conclusions of law.
s l
l 19 That order required and requires all parties other than the
}
20 Applicants and the Staff to file no later than August 22, 1983, I
e 21 any proposed findings of fact or conclusions of law which they l
r j
g may desire to have considered by the Board.
The order further 22 8
23 3
points out that the failure to file proposed findings of fact 1
o 2d and conclusions of law will constitute a waiver of the right 25 to do so; that any findings proposed thereafter will not be
I S20M5 8663 6
1 considered by this Licensing Board, and that under the case law 2
and rulings of the Appeal Board of the Nuclear Regulatory 3
Commission, the great probability is that they would not be 4
considered by the Appeal Board or the Commission or review 5
authority for appeal.
6 Now, we direct the reporters present at this session 7
to type up as soon as they reasonably can both the oral order 8
Entered before and.ay further description of it at this time 9
and to make such transcript of the oral order available to 10 counsel, who are hereby requested and directed to cause a copy 11 thereof to be sent to any parties other than those indicated, 12 to furnish for the record confirmation of the sending of such 13 notice, and in the event that it is necessary to give telegraph:.'
14 notice, if that be required for timely transmission of the information to potentially affected parties.
The notice that 15 l
16 we're requesting counsel to send as soon as possible should I=
1'7 also indicate the dates for the filing of propossd findings 18 by the Applicants and by the Staff, particularly the Applicants
{
19 inasmuch as the filing on Monday, the 15th, will enable ij 20 potential parties desiring to file pr6 posed findings of fact t
l 21 an'd conclusions of law with the opportunity to acquaint them-r g
selves with what will by then have been filed of record.
22 8 End 20 23 Now, is there any question about this?
g t
24 25 l
UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
UNITED STATES DEPARTMENT OF ENERGY
)
)
PROJECT MANAGEMENT CORPORATION
)
Docket No. 50-537
)
l TENNESSEE VALLEY AUTHORITY
)
)
(Clinch River Breeder Reactor Plant)
)
)
t CERTIFICATE OF SERVICE Service has been effected on this date by personal delivery, air express or first-class mail to the following:
l Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 (2 copies)
Dr. Cadet H. Hand, Jr.
Director Bodega Marine Laboratory University of California West Side Road Bodega Bay, California 94923 Mr. Gustave A. Linenberger Atomic Safety & Licensing Board i
Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 Stuart Treby, Esquire Sherwin E. Turk, Esquire Elaine I. Chan, Esquire Geary S. Mizuno, Esquire Office of Executive Legal Director Nuclear Regulatory Commission 7735 Old Georgetown Road Bethesda, Maryland 20814 (2 copies)
f!.
I i
I
,8 !
- Atomic Safety & Licensing Appeal Board Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety & Licensing Board Panel i
Nuclear Regulatory Commission l
Washington, D.C.
20555
- Docketing & Service Section Office of the Secretary i
Nuclear Regulatory Commission Washington, D.C.
20555 (3 copies)
William M. Leech, Jr., Esquire William B. Hubbard, Esquire Michael D. Pearigen Esquire State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 (Air Express)
Oak Ridge Public Library 4
Civic Center Oak Ridge, Tennessee 37830
)
Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire Edward J. Vigluicci, Esquire Tennessee Valley Authority i
Office of the General Counsel 400 West Summit Hill Drive Knoxville, Tennessee 37902 (2 copies) j Lawson McGhee Public Library 500 West Church Street Knoxville, Tennessee 37902 i
William E. Lantrip, Esquire Attorney for the City of Oak Ridge Municipal Building 725 Main Street, West Oak Ridge, Tennessee 37830 (Air Express)
Dr. Thomas Cochran Barbara A. Finamore, Esquire S. Jacob Scherr, Esquire Natural Resources Defense Council, Inc.
1725 Eye Street, N.W.
Suite 600 Washington, D.C..
20006 (2 copies by hand) l l
i
Leon Silverstrom, Esquire William D. Luck, Esquire Department of Energy 1000 Independence Avenue, S.W.
Room 6B-256 Washington, D.C.
20585 (2 copies)
Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building Suite 1007 Nashville, Tennessee 37219 M m. 4 / ^,9 ji<~ o e Frank K. Peterson Attorney for: Project Management Corporation DATED:
August 11, 1983
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Denotes hand delivery to 1717 H Street, N.W. Washington, D.C.
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