ML20082M527

Response Supporting Intervenor 831123 Motion to Terminate Appeal Proceedings,Vacate Partial Initial Decision & Authorize Revocation of Lwa.Certificate of Svc Encl

ML20082M527
Person / Time
Site:	Clinch River
Issue date:	12/05/1983
From:	Edgar G, Luck W ENERGY, DEPT. OF, PROJECT MANAGEMENT CORP.
To:	NRC COMMISSION (OCM)
References
NUDOCS 8312060172
Download: ML20082M527 (6)

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'83 DEC -5 P3:05 12/5/83 (Jr i.CT SE 't;;c CCCKtililG & SEPVW UNITED STATES OF AMERICA ERANCH NUCLEAR REGULATORY COMMISSION In the Matter of

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UNITED STATES DEPARTMENT OF ENERGY

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PROJECT MANAGEMENT CORPORATION

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Docket No. 50-537

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TENNESSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor Plant)

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APPLICANTS' RESPONSE TO MOTION OF INTERVENORS TO TERMINATE THE APPEAL PROCEEDINGS, VACATE PARTIAL INITIAL DECISION, AND AUTHORIZE REVOCATION OF LIMITED WORK AUTHORIZATION The United States Department of Energy and Project Management Corporation, for themselves and on behalf of the Tennessee Valley Authority (the Applicants), hereby file this Response to Motion of Intervenors to Terminate the Appeal Proceedings, Vacate Partial Initial Decision, and Authorize Revocation of Limited Work Authorization, dated November 23, 1983

[ hereinafter "Intervenors' Motion").

In support of this Re sponse, th'e Applicants state the following:

1.

The Applicants concede that Congress has not appropriated funds for project continuance and that there is no reasonable likelihood that such funding wil?. be appropriated.

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The Applicants concede that the project participants have taken steps to reach agreement to terminate the project, but state that the agreement to terminate the project (Attachment C to Intervenors' Motion) has not been executed by all partici-pants.

That will not occur until the Tennessee Valley Authority (TVA) Board of Directors meets and approves TVA's execution of the agreement.

This should occur within the next few weeks, and the Applicants will so advise the Appeal Board.

3.

Intervenors' Motion states that recent congressional and project participants' actions **have rendered these appeal proceedings moot, and removed the power of the Appeal Board to grant Intervenors any effectual relief".

Intervenort' Motion at 8.

While Applicants believe that power to grant effectual relief to Intervenors was removed when Intervenors withdrew from the Construction Permit proceedings before the Licensing Board, Applicants do concede that, for all practical purposes, these appeal proceedings are now moot and there is no doubt that the Appeal Board's power to grant effectual relief to Intervenors has been removed.

Accordingly, Applicants have no objection to the insofar as grant of Intervenors' motion, on grounds of mootness, it seeks to terminate the appeal proceeding and vacate the Licensing B6ard's Partial Initial Decision.

In view of the Director of Nuclear Reactor Regulation's existing authority under the Commission's regulations, and Appeal Board's expected action to vacate the Partial Initial Decision in response to the instant

.. motion, there is simply no need for the Appeal Board to authorize the Director to revoke the LWA.

Accordingly, Intervenors ' Motion should be granted, on grounds of mootness, insofar as it seeks to terminate the appeal proceeding and vacate the Partial Initial Decision.

Respectfully submitted, pg George L g gar Attorney for Project Management orporation l~

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William D.

Luck Attorney for United States Department of Energy DATED:

December 5, 1983 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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UNITED STATES DEPARTMENT OF ENERGY

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PROJECT MANAGEMENT CORPORATION

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TENNESSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor Plant) )

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CERTIFICATE OF SERVICE Service has been effected on this da,te by personal delivery or first class mail to the following:

Marshall E. Miller, Esquire Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 (2 copies by hand)

Dr. Cadet H. Hand, Jr.

l Director Bodega Marine Laboratory University of California West Side Road l

Bodega Bay, Californis 94923 Mr. Gustave A. Linenberger Atomic Sa'ety & Licensing Board Nuclear Regulatory Commission l

4350 East-West Highway Bethesda, Maryland 20S14 (by hand)

Gary J. Edles Chairman Atomic Safety & Licensing Appeal Board Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 (by hand) 1

Dr. W. Reed Johnson Atomic Safety & Licensing Appeal Board

'U.S.

Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 (by hand)

Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission 4350 East-West Highway Bethesda, Maryland 20814 (by hand)

• Atomic Safety & Licensing 5 card Panel U.S. Nuclear Regulatory Commission Washington, D. C.

20555

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

Stuart Treby, Esquire Sherwin E. Turk, Esquire Elaine I. Chan, Esquire Geary S. Mizuno, Esquire Office of Executive Legal Direc* tor U.S. Nuclear Regulatory Commission 7735 Old Georgetown Road Bethesda, Maryland 20814 (2 copies by hand)

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 Oak Ridge Public Library 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 Office of the General Counsel 400 West Summit Hill Drive Knoxville, Tennessee 37902 (2 copies)

Lawson McGhee Public Libra'ry 500 West Church Street Knoxville, Tennessee 37902 William R. Lantrip, Esquire Attorney for the City of Oak Ridge Post Office Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esquire William D. Luck, Esquire U.S. Department of Energy 1000 Independence Avenue, S.W.

Room 6B-256 Uashington, D. C.

20585 (2 copies by hand)

Commissioner John L. Parish Tennessee Department of Economic and Community Development Andrew Jackson Building Suite 1007 Nashville, Tennessee 37219 Barbara A. Finamore, Esquire S. Jacob Scherr, Esquire Natural Resources Defense Council, Inc.

1725 Eye Street, N.W.,' Suite 600 Washington, D. C.

20006 Geor

. Edgar A

ey for Proj ect Manag ment Corporation DATED:

December 5, 1983

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Denotes hand delivery to 1717 H Street, N.W., Washington, D.C.