ML20079R249

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

ML20079R249
Person / Time
Site:	Clinch River
Issue date:	06/21/1983
From:	Finamore B, Greenberg E, Weiss E National Resources Defense Council, Sierra Club
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20079R252	List: ML20079R249 ML20079R263 ML20079R266
References
NUDOCS 8306220146
Download: ML20079R249 (3)

Text

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NUCLEAR REGULATORY COMMISSION

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1 ATOMIC SAFETY AND LICENSING BOARD , , ,,

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Before Administrative Judges:

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

Dr. Cadet H. Hand, Jr.

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i In the Matter of )

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UNITED STATES DEPARTMENT OF ENERGY )

PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537

l. TENNESSEE VALLEY AUTHORITY )

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(Clinch River Breeder Reactor Plant) )

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INTERVENORS ' MOTION TO WITHDRAW CONTENTIONS 1, 3, AND 9(c), (f) AND (g) FROM CONSIDERATION l AT THE JULY, 1983, CRBR CONSTRUCTION PERMIT EVIDENTIARY HEARING; l- AND REQUEST FOR PERMISSION TO SUBMIT A WRITTEN STATEMENT l

Intervenors, Natural Resources Defense Council Inc. and the l Sierra Club, hereby move to withdraw Intervenors' Contentions 1, 3, and 9(c), (f) and (g) from consideration at the July, 1983, CRBR Construction Permit Evidentiary Hearing, and request permission to submit a written statement concerning the issues raised in that proceeding. As noted by the Board in its May 17, 1983 Order Following May 13 Conference With Parties, these contentions are the only ones raised by Intervenors that remain to be resolved at the July, 1983, Construction Permit Evidentiary Hearing. That hearing will also cover evidence on Board

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[ o-Questions 1 through 17, and other matters mandated by the NRC regulations.' The limited resources of Intervenors, both public interest organizations, prohibit their' continued full participation in the construction permit proceedings.

Intervenors do not, however' request withdrawal as parties from the CRBR proceedings, since they will continue'to press their appeal of the February 28, 1983, Partial Initial Decision

-("PID"). That decision not only authorized issuance of a limited

. work authorization ("LNA"), but also made all of the environmental findings required by 10 CFR {51.52(b) and .(c) to be made prior to the issuance of a CRBR construction permit (CP).

10 CFR $50~.10(e)(2). Consequently, Intervenors' appeal involves two related issues: first, whether the Board made all the findings and sufficiently resolved all the issues necessary for granting of an LWA, particularly in respect to Contentions 1, 2,

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and 3; and second, whether the Board's environmental findings are supported in the record.- The first issue (the adequacy of the Board's resolution at the LWA stage of Contentions 1, 2, and 3) is unaffected by the extent of Intervenors' participation at the July, 1983, CP hearing. The second issue, the adequacy of the PID environmental findings, could affect the validity of both the LWA and the CP. If the Appeal Board orders further proceedings on either of these issues, Intervenors intend to participate fully.

Since Intervenors intend to continue as parties in the CRBR proceedings, they request that the names of Ms. Finamore and Mr.

l l Scherr be retained on the service list of all parties. The names

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of Mr. Greenberg, ha Weiss, and Mr. Tousley may be deleted from the service list.

In lieu of presenting evidence at the July, 1983, CP hearing, Intervenors request permission to submit a written statement concerning the issues raised in that proceeding, for consideration by the Board to the extent deemed proper.

Respectfully submitted, Barbara Y A. Finamore 5 ; ^^./----

S. Jacob Scherr Natural Resources Defense Council, Inc.

1725 I Street, NW, #600 Washington, D.C. 20006 (202) 223-8210 l

Ellyn D eiss Dean R. Tousley HARMON & WEISS 1725 I Street, NW, #506 Washington, D.C. 20006 (202) 833-9070 N

Eldon V. C. Greenberg GALLOWAY & GREE 1725 I Street, N.W., # 601 Washington, D.C. 20006 (202) 833-9084 Attorneys for Natural Resources Defense Council, Inc., and the Sierra Club Dated: June 21, 1983

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