ML20206C085
| ML20206C085 | |
| Person / Time | |
|---|---|
| Site: | 05000000, 05000603, 05000604 |
| Issue date: | 11/09/1988 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#488-7557 CP, CP-OL, NUDOCS 8811160090 | |
| Download: ML20206C085 (28) | |
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O UNITED STATES l NUCLEAR REGULATORY COMMISSION -
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ATOMIC SAFETY AND LICENSING BOARD In the Matter of: ) Docket. tiumbers t
)
ALL CHEMICAL ISOTOPE ENRICHMENT, INC. ) 50-603-CP/OL (ALCHEMIE FACILITY-1 CPDF); )
ALL CHEMICAL ISOTOPE ENRICHMENT, INC. ) 50-604-CP (ALCHEMIE FACILITY-2, OLIVER SPRINGS) )
)
(Teleconference) i O l, i
Pages: 44 through 69 4 f Place: Bethesda, Maryland i Dates November 9, 1988 .
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' 44 UNITED STATES NUCLEAR REGULATORY COMMISSION ,
ATOMIC SAFETY AND LICENSING EOARD
.( }
In the Matter of: } Docket Numbers:
- . )
50-603-CP/OL ALL CMEHICAL ISOTOPE ENRICHMENT, INC. )
(ALCHEMIE FACILITY-1 CPDF); )
ALL CHEMICAL ISOTOPE ENRICHMENT, INC. ) 50-604-CP (ALCMEHIE FACILITY-2, OLIVER SPRINGS) )
(Teleconference) Wednesday, November 9, 1988 Room 407 i 4350 East-West Highway bothesda, Maryland i
, The pre-hearing teleconference convened, pursuant -
I~
to notice, at 2.00 p.m. l BEFORE: HON. MARTIN MARGULIES (Board Chairman)
HON. OSCAR PARIS (Board Member)
HON. EMMETH LUEBKE (Board Member) t Administrative Judges F
, Atomic Safety and Licensing Board L U.S. Nuclear Regulatorv Commission i j Washington, D.C. 20555 }
f APPEARAJiCdS i For the Apolicants:
i j STEVE IRVING, Esquire [
Irving & Sams 1 702 South Illinois Avenue, Suite 202B l e Oak Ridge, Tennessee 37830 f For the U.S. Nuclear Peculatory Commission Staff r
l BERNMtD BORDENICK, Esquire i.
United States Nuclear Regulatory Commission !
White Flint North [
Rockville, Maryland 20L65 6 l
i i'
I Heritage Reporting Corporation
, (202) 628-4888
_--_-_---..-.------------__.---._1
45 1 E C Q G E E Q .1 H Q R 2 JUDGE MARGULIES: This is Judge Morton Margulies.
(y)
/
3 I have with me Judge Oscar Paris and Judgo Emmeth Luebke. I 4 understand we have Mr. Irving is on and Mr. Bordenick. Do 5 we have any other appearances?
6 MR. IRVING: No, sir. I'm the only one here for 7 the Applicant. Mr. Irving.
8 MR. BORDENICK: We have no further appearance. I 9 happen to have in the room with me Doctors Jerry Swift and 10 Tom Clark, but they will just be listening.
11 JUDGE MARGULIES: We had attempted to contact the 12 State of Tennessee in terms of them appearing here. The 13 Secretary had contacted the Assistant Attorney General 14 Pearigen and he seemed to indicate that the State's 15 interests were satisfied and that they shortly will withdraw
(~)
\/
16 their petition to intervene as an interested state.
17 Do you know anything about that, Mr. Irving?
18 MR. IRVING: Yes, Your Honor. That is what we 19 have been advised by the State of Tennessee, that ALChemIE, 20 pretty much in our dealings with them, have satisfied their 21 concern, and they feel like they have established a good 22 working relatic'Jhip with us and that they do intend to 23 withdraw as a party from this application.
24 MR. BORDENICK: This is Bernie Bordenick. I spoke 25 to Mr. Perry, I believe it was yesterday, and he told me the Heritage Reporting Corporation (202) 628-4888
46 1 same thing that Judge Margulies and Mr. Irving have just
{} 2 3-indicated. He said he would be filing a -- I guess it will be a motion to withdraw their request to participate as an 4 interested state.
5 JUDGE MARGULIES: I guess the naxt order of 6 business is to find out what happened with ALChemIE's 7 request to DOE to get an extension of time in this matter.
8 HR. IRVING: I believe we have made that formal i
9 request of DOE. DOE has orally indicated they believe they l t
10 will be able to accommodate un. But we have yet to receive 11 in writing a specific letter or anything giving us an .
12 extension of the November 21st date to a particular time.
13 I was telling Mr. Bordenick earlier, I've been a 14 lawyer long enough to kncw not to fully count on something 15 until we get it in writing. But indeed they have, Mr. Joe 16 Clark of DOE and other individuals there, have indicated 17 they will attempt to accommodate us and I believe they are 18 talking about an extension to December 31st, which woald be :
19 the end of the year, one of their suggestions. But again, l.
20 we havo not gotten that in writing. lt has been an oral 21 represente. tion . I do, sir, hNrover, believe they intend to .
22 give us a letter substantiating that.
23 JbDGE MARGULIES: In terms of how the record is 24 being prepated in this proceeding, I don't know how [
t 25 realistic it is in terms of disposing of the case. For [
i i
Heritage Reporting Corpocation (202) 628-4888 i
1
47 1 ' example, at the present time, we have never received a copy t 2- of the final safety analysis report in the supplements of
[ }-
3 ALChemIE. ;-
4 MR. IRVING: It's my understanding, from 5 conversations with NRC today, and Mr. Bordenick as well, 6 that those are being transmitted today and sent directly to 7 Bordanick. >
8 MR. BORDENICK: Mr. Irving -- well, first, Judge 9 Margulies, I know that there is a revision, what's called 10 Revision 5 and 6 to the security.
i 11 JUDGE MARGULIES: No, I'm speaking first about the 12 final safety analysis report. i 13 MR. BORDENICK: Well --
14 JUDGE MARGULIES: We have received their i 15 preliminary safety analysis report. But there evidently is 16 a final one with supplements, because you appear to refer to j 17 them in your Lafety evaluation report, h 18 MR. BORDENICK: Perhaps that was -- my ,.
19 understanding is we' re talking about the same document. ;
20 There is no additional document other than this Revision 5 t
21 and 6, which Mr. Irving and I talked about earlier, which 22 has to do with the security aspects only.
I 23 If the SER talked about a final report, apparently 24 that term was inaccurately used. I'm looking at Dr. Clark. I 25 (Pause) i i
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s 48 1 MR. BORDENICK: The Staff considers the PSAR as 2 amended. We're talking about for solely one, correct? The C';
'V 3 Staff considers the PSAR as amended the FSAR as to Facility-4 1 only.
5 In other words, there will be no further FSAR from 6 ALChemIE or SAR from the Staff on Facility-1.
7 JUDGE MARGULIES: When you said as amended, when 8 did these amendments take place? I don't know if we have 9 the amendments, I can't tell you offhand. Judge Luebke 10 indicates that we do not have any amendments to the Safety 11 Analysis Report.
12 JUDGE PARIS: What we have are the Safety 13 Evaluation Report Related to the Construction, Modification 14 and Licensing of the ALChemIE Facility-1 CPDF, All Chemical 15 Isotope Enrichment, Inc., Oak Ridge, Tennessee, Document 16 Number 50-603 dated October, 1988; and also, Safety 17 Evaluation Report Related to the Application for 18 Construction Permit for ALChemIE Facility-2, Oliver Spring, 19 All Chemical Isotope Enrichment Company, Oliver Springs, 20 Tennessee, Docket Number 50-604, October 1988.
21 JUDGE LUEBKE: Those are both Staff reports.
22 JUDGE PARIS: Those are both Staff reports.
23 Right.
24 JUDGE MARGULIES: That was Judge Paris. I'm 25 speaking about amendments that you referred to in terms of Heritage Reporting Corporation (202) 618-4888
49 1 the preliminary safety analysis report.
- 2 MR. BORDENICK
- Judge Margulies, could I make a
~}
- 3. suggestion?
4 J0DGE MARGULIES: Yes, certainly.
5 MR. BORDENICK: Frankly, I'm probably as confused 6 as the Board is myself. I can' t .? peak for the two gentlemen I
7 with me.
8 But I think it might facilitate matters if we got ,
9 three people on the line together, either Dr. Clark and/or 10 Dr. Swift, Mr. Pfeiffer from ALChemIE and some 11 representative, probably a Secretary, from the Licensing ,
12 Board. And the three of them can go over, at least from 13 ALChemIE's standpoint, what it is that exists and what it is t 14 that the Licensing Board doesn't have, and then once that is i 15 determined, I'm sure ALChemIE will get whatever the 16 Licensing Board doesn't have to the Board. l 17 JUDGE MARGULIES: Just one minute, Mr. Bordenick. t 18 It is very simple. The Licensing Board has the [
19 preliminary safety analysis report for the two ALChemIE 20 facilities. It's dated November 11, 1987. It was received ]r 21 December 1, 1987. And if there are any amendments to that [
t 22 beyond that time period we do not have them. !
23 MR. BORDENICK: Okay. I agree, that simplifies
{
24 it, and I would modify my suggestion after this conference [
f 25 call. I think the ALChemIE people and the Staff people can [
I i
Heritage Reporting Corporation (202) 628-4888
50 1 get together end maybe we need to make sure that you get 2 whatever it is you don't have. And I think you've
{ ')
3 identified the cutoff point, so that in other words, 4 anything that was issued by or filed with the NRC by 5 ALChemIE subsequent to the second date you gave, that 6 ALChemIE will need to get that to you.
7 MR. IRVING: Judge Margulies, this is Steve 8 Irving.
9 JUDGE MARGULIES: Yes.
10 MR. IRVING: It is my understanding that the 11 ALChemIE personnel, the Applicant's personnel, have 12 transmitted to the NRC Staff at least amendments and other 13 information to the PSAR that would be dated after November 14 11, 1987, and which, as they said earlier, along with the 15 PSAR, would comprise basically the FSAR. Apparently, not Cm~)
16 all that information has gotten to the Board. And we will 17 certainly, one action item the Applicant will undertake is 18 to work with the NRC Staff and ensure that all documentation 19 we submitted is sent to the Board promptly.
20 It is my unde) standing as of this date that the 21 only unresolved action item from the NRC Staff --
22 MR. BORDENICK: Mr. Irving?
23 MR. IRVING: Yes.
24 MR. BORDENICK: Before you move on to the area 25 that I think you are moving to, getting back to the question Heritage Reporting Corporation (202) 628-4888
Lu _ _ _
4 51 1 of what documents, what additional documents the Board
(} 2 needs, we have been talking about safety evaluations. In 3 addition to that category, we have the safeguard / security 4 plan. For example, I mentioned earlier, it just came to my 5 attention a few days ago, that you had filed with the Staff, 6 you being the Applicant, Revisions 5 and 6 to the security 7 aspects of the safeguard / security plan.
8 And I'm wondering -- that applies to me that there 9 were 1 through 4. And I'm wondering if the Board has 10 looked.
11 JUDGE MARGULIES: Let me back up even before that, 12 Mr. Borconick. We don't have any copy of tne Applicant's 13 security plan, period.
14 MR. IRVING: Apparently something is falling 15 through the cracks, because it was my understanding that 16 copies were sent to the Board.
17 JUDGE MARGULIES: We received the Staff's 18 analysis.
19 MR. BORDENICK: Yes. I'm talking about the 20 Applicant's documentation, not the Staf f's.
21 JUDGE MARGULIES: We have not received these 22 documents. I hate to say this, but ALChemIE seems to keep 23 sloughing ti.is off. At the time of the initial pre-hearing 24 conference dowa in Knoxville, we were told we would receive 25 certain document a within a day or several days of that Heritage Reporting Corporation (202) 628-4888
52 1 conference, and we never did receive them.
{} 2 3
And once again, here we are with a request to expedite the proceeding with some tight scheduling dates 4 before us and we still don't have the basic information.
5 And without basic information, we cannot proceed.
6 MR. IRVING: Judge Margulies, this is Steve 7 Irving. The information you are referring to that I 8 represented to the Board that we would make available to the 9 Board at the date of the pre-hearing conference, --
10 JUDGE MARGULIES: Yes.
11 MR. IRVING: -- I personally transmitted on the 12 afternoon, that same afternoon. That information we sent 13 out from the ALChemIE office on that same afternoon. And I 14 believe, Mr. Bordenick, that's been rec. ved, has it not?
15 JUDGE MARGULIES: Well, if it's received by the
.O 16 Staff, that's one thing. The Staff does not operate as the 17 agent for the Board.
18 MR. IRVING' Oh, but I thought the Board had been 19 sent copies of that as well. I certainly undsrtook --
20 immediately that afternoon that stuff was in the mail. I 21 certainly thought we sent the Board a copy.
22 MR. BORDENICK: It was addressed to us.
23 JULGE MARGULIES: You must realize that it's the 24 Board that's going to decide this case.
25 MR. IRVING: Yes, sir, I do.
Heritage Reporting Corporation (202) 628-4888 1
53 1 JUDGE MARGULIES: And without the information 2 before us, there's nothing to decide. And until these (v^')
3 matters are taken care of, there's nothing pending before 4 the Board. The Board is attempting to resolve as many of 5 the outstanding issues as possible prior to the hearing. We 6 are not looking to go through an extensive hearing process 7 if we could resolve these issues before we get to hearing.
8 And that's what we've been attempting to do all along. But 9 without receiving these documents and being able to look at 10 them and rely upon them and come to a conclusion on them, 11 the case is just being stymied for no apparent reason.
12 MR. BORDENICK: Well, I can understand the Board's 13 concern. And frankly, I was under the impression, erroneous 14 as it was, that the Board had all the ALChemIE documents.
15 Again, maybe it would be a good idea that subsequent to this 16 conierence call that people get together and see exactly 17 what it is that the Board does not have and ALChemIE will 18 have to make certain to get it into them expeditiously.
19 For example, the Staff, we're getting readf to 20 file the results of our review of the secullty plan.
21 Obviously, as the Board has pointed out, our review isn't 22 going to make much sense if you haven't read their plan.
23 JUDGE MARGULIES: Exactly so. So we're not going 24 anywhere.
25 MR. IRVING: Your Honor, this is Mr. Irving again.
IIeritage Reporting Corporation (202) 628-4888
G 54 1 This is the first I had heard. I was unaware that the Board
(~~) 2 had not received our safeguard and security plan and the V
3 other information which again I had sent out the same day 4 that we had our hearing, that afternoon.
5 JUDGE MARGULIES: Did you send it directly to the 6 Board?
7 MR. IRVING: I'll dieck and see, Your Honor. I 8 certainly sent it to the Staff. I thought we sent you a 9 copy.
10 MR. BORDENICK: But, Mr. Irving, the Staff is both 11 physically and legally separated from the Board. And I 12 think that's been the problem here. You have probably 13 assumed that by sending things to the Staff they 14 automatically go to the Board. They don't.
r3 15 HR. IRVING: I will verify where these copies went U 16 to and get with the NRC Staff to make certain that no 17 information that we have transmitted has, or that all 18 information that we have transmitted is to the Board, 13 immediately.
20 (Pause) 22 FR. IRVING: As I understand it, Judge Margulies, 22 that would be all safeguard and security plan information.
23 JUDGE MARGULIES: That is correct. We have not 24 received anything along that line.
25 MR. IRVING: And that would also be an y Heritage Reporting Corporation (202) 628-4888
55 1 submissions on the PSAR ALChemIE has made since November 11,
~T 2 1987.
(V 3 JUDGE MARGULIES: That is correct. All we have 4 are the bound white volumes.
5 JUDGE PARIS: One dated November 11, 1987, that's 6 on the Oliver Springs facility and November 12, 1987 on the 7 Facility-1 facility.
8 MR. IRVING: Those two items we will immediately 9 place and take care of, if indeed they haven't been sent.
10 If they have been sent, I will contact the Board, or Mr.
11 Bordenick and the Board and find out what's happened to 12 them, and we'll certainly get another copy of everything up 13 there to the Board.
14 JUDGE PARIS: What address do you have for us?
15 MR. IRVING: I'm sorry, sir. I don't have that.
16 Would you hold a minute, please?
17 (Pause) 18 MR. IRVING: I'm having that checked on now.
19 The other matter that I'm aware of that we still 20 do not have resolved is the financial qualifications review.
21 And it is my understanding that that information, the 22 Staff's review on that is supposed to be complete by 23 November 18, 24 I guess it would be prudent for me to ask if the 25 Board has received our submissions in that area.
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?
56 1 JUDGE MARGULIES: We have received some
/~' 2 submissions in that area. Let me look at the file and tell
(__)T 3 you right off.
4 We have a letter of September 12, 1988 directed to 5 Mr. U.L. Thompson, Jr., and it deals with the adequacy of 6 funding for decontamination and decommissioning of both the 7 existing CPDF facility and the proposed Oliver Springs 8 facility.
9 Attached to that are some financial statements 10 dated June 30, 1988 and there's a pro forma statement of 11 income of ALChemIE, Inc. for the year ending June 30, 1989, 12 and similar financial statements.
13 Assessment of costs for decommissioning of 14 ALChemIE.
15 A letter dated March 12 to Mr. Dennis Bell, also 16 dealing with liquidation values.
17 A letter of February 22, 1988, also dealing with 18 the forced liquidation values.
19 And a statement on the letterhead of International 20 Technology Corporation, Assessment of Costs for 21 Decommissioning of ALChemIE, Inc.
22 And that's the sum total of it, aside from the 23 onvitonmental reports. And we don't have anything else.
24 (Pause) 25 JUDGE MARGULIES: Hello?
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4 57 1 MR. IRVING: Yes, sir.
/^^ 2 JUDGE MARGULIES: That's the sum total of what we
(.)
3 have been sent.
4 JUDGE PARIS: Mr. Lewis, to check our correct 5 address, if you will look at the addroso on --
6 JUDGE MARGULIES: Irving.
7 JUDGE PARIS: -- one of the letters sent to us by 8 Mr. Bordenick, you will get the correct addresses.
9 MR. IRVING: Yes, sir. I think I have the correct 10 address. I doubt very much that information has been lost 11 in the mail. To be honest with you, I would imagine that we 12 either did not send the Board copies of it, which is what I 13 just have to imagine, because I'm the one that personally 14 mailed it that day, the day of the hearing. And I -- I 15 certainly thought we had sent that. And I've asked my C 16 secretaries to pull that submission from that day so I can 17 find out.
18 JUDGE MARGULIES: But that is the sum total of the 19 documents that we have received from ALChemIE.
20 MR. IRVING: Judge Margulies, that certainly is 21 inconsistent with ALChemIE's, as you've pointed out, 22 inconsistent with our request to you that you could do 23 whatever you could to expedite the hearing. And I was 24 unaware that information that you had formally received in 25 submissions from the Applicant was not complete. And it 11eritage Reporting Corporation (202) 628-4888
Ee e
58 1 will be complete immediately, I can assure Your Honor of
('j) 2 that, it'll be in the mail before this day's out.
~
3 JUDGE MARGULIES: Well, it is not unusual. It's 4 more usual than unusual for us to receive express mail 5 rather than using the norman Postal processes. So I would 6 suggest that when you mail it you send it by express mail 7 and that it come directly to us.
8 MR. IRVING: Yes, sir. I will certainly do that.
9 MR. BORDENICK: If we have finished with that 10 item, I'd like to go back to the financial qualifications.
11 JUDGE MARGULIES: Yes, Mr. Bordenick. Go aheed.
12 MR. BORDENICK: The date that I gave when we spoke 13 last week, which was November 18, still stands.
14 I think the Board should be aware, I think 15 ALChemIE is aware of it, the Staff verbally requested some 16 additional information from ALChemIE and they followed up
~
17 with a letter to ALChemIE I think last week. I don't have 18 the date of the letter in front of me.
19 And the reviewer I think knows the answer he's 20 going to get but he doesn't have it in writing yet. So in 21 line with what the Board has just said I would suggest to ,
22 ALChemIE that they get the requested information in to the i 23 Staff as soon as possible so that --
24 KA. IRVING: Mr. Bordenick, we got that letter
[
25 that you are referring to I believe on Monday, and that has i
Heritage Reporting Corporation l (202) 628-4888
59 1 already been responded to and it should be out today.
2 MR. BORDENICK: Wonderful. Then we have no
}
3 problem.
4 MR. IRVING: It was on a clarification on D and 5 D. And that information -- it was prepared yesterday --
6 should be out today.
7 MR. BORDENICK: Fine. Then we will get it and 8 that will not hold up completion of the Staff's review.
9 MR. IRVING: No. As I thought, again, I thought 10 we had done everything we were supposed to have done.
11 Apparently we essentially have but we just haven't mailed 12 it.
13 MR. BORDENICKt Oh.
14 MR. IRVING: And that's just the same as not 15 having done it for all practical purposes. So I'm going to 16 certainly, as soon as I get off this phone, --
17 MR. BORDENICK Well, with respect to the item 10 that you have indicated that you have mailed to the Staff, I 19 think it might be helpful if you also telecopied it to us.
20 We can give it to the resiewer and that just smooths the way 21 that much better.
22 MR. IRVING: I'll be happy to do that.
23 MR. BORDENICK: All right.
24 JUDGE MARGULIES: In terms of Staff's 25 environmental assessment review, they have gone back to the l
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d 60 1 Applicant and asked that the Applicant check the fauna or
(} 2 3
flora at the Oliver Springs facility.
done that?
Has the Applicant 4 MR. IRVING: Yes. Well, Your Honor, what we did 5 on that, that was a new request on it. We contracted with 6 the University of Tennessee to do that and that's ongoing 7 this week, the flora and fauna review.
8 JUDGE MARGULIES: Okay. Is there anything else 9 outstanding that we should know about?
10 MR. IRVING: Not that I'm aware of, Your Honor.
11 Mr. Bordenick, are you aware of anything besides that, and 12 the D and D, which we have finished?
13 MR. BORDENICK: I think, outside of the two items 14 we have just discussed, that D and D for financial 15 qualifications and flora and fauna survey, for want of a 16 better term, I think that's it.
17 JUDGE PARIS: Mr. Bordanick, who is responsible 18 for seeing that copies of all of these filings get to the 19 public document room and other places it needs to go in the 20 Commission?
21 HR. BORDENICK: Well, with respect to the 22 Applicant's papers, he's responsible and with respect to the 23 Staf f's papers, we are.
24 JUDGE PARIS: You might ask Mr. Irving if 1.e is 25 aware of this.
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,o i*
I 61 1 MR. BORDENICK I'll let --
(} 2 3
JUDGE MARGULIES:
MR. DORDENICK:
You can ask him directly.
-- let him speak for himself, 4 Judge Paris.
5 HR. IRVING: I am now, Your Honor, yes, sir.
6 JUDGE PARIS: Yon are aware that you need to send 7 copies to the public document room and so on?
8 MR. IRVING: Yes, sir.
9 JUDGE PARIS The Appeal Board?
10 HR. BORDENICK: I can state for the Staff, unless 11 they got lost in the internal mails, that all the Staff 12 documents, short of the ones that expressly will not be 13 placed in the public document room, such as the review of 14 the safeguard / security plan, that everything that the Staff 15 has issued is in the public document room. There is no 16 locsl public document room for these facilities but the main 17 PDR in downtown Washington, to the best of my knowledge, 18 certainly on my own service list they are listed and th) 19 secretaries put the items in t he internal mail and one 20 assumes they get there. But I naven't personally checked.
21 But that's no different from any other case I'm involved in.
22 If I had to spend time checking whether the PDR was complete 23 as far as what I had filed I probably wouldn't have much 24 time to do any other work. So one hopes that the routine 25 works.
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) - _
e l 62 1 MR. IRVING: That's something the Applicant will
~T 2 also verify, as I'm going back over with our folks over (G
3 where copies of this have gone. I'll make certain that 4 every document we have submitted is in fact at the PDR.
! 5 JUDGE PARIS I'm looking at a letter to the l
l 6 Nuclear Regulatory Commission from John Schmelser, Mr.
7 Irving, and the service list attached to that seems to have 8 all the places that things need to go on it.
l l 9 MR. IRVING Yes, that. That's the form we had l
10 been using. '
11 JUDGE PARIS: Okay.
12 MR. IRVING: That's one reason I -- again, until 13 this phone conversation, I was unaware this Board had not l
14 received some of the documents from us. And I'm going to 15 find out why. And I certainly apologize for anything we've 1
16 done in not getting them to you, because that's l
17 counterproductive to everything I've asked you to help us 18 with.
I 19 JUDGE PARIS: Well, I can't explain it. Op.r 20 addresses on this service list are correct.
21 JUDGE MARGULIES: Do the parties have any other l 22 areas they wish to discuss?
l 23 MR. IRVING: No, sir. As far as the Applicant's 24 position is now that the final hearing of course is set for 25 December 21st. We' re hoping to have everything to Your Heritage Reporting Corporation (202) 628-4888 1
i _
o 63 1 Honors well before that date for review in order that a lot
{} 2 3
of work can be done preliminary to that, again, as you stated. And I'm just ready to go find out why it hasn't 4 happened. I thought it had. But I can assure those will 5 come out to you Fed. Ex. immediately.
6 JUDGE MARGULIESt When do you expect to get a 7 final answer from DOE?
8 HR. IRVING: I expect we'll have something in 9 writing from DOE by the end of the week, Your Honor. Would
'0
. you like me to submit that as an exhibit?
11 JUDGE MARGULIES: No. I'm -- I don' t need it as 12 an exhibit. I think it would be helpful if we would have a 13 copy. Is that December 31 date that you were talking about 14 a date of finality?
15 HR. IRVING: No, sir. He don't have a final date 16 on that yet. That's the date that the Department of Energy 17 had proposed orally to us. I asked for January 31st.
18 JUDGE MARGULIES: We' re going to proceed with the 19 case the best way we can, but without a complete record, you 20 can well understand the handicap that we're involved with.
21 HR. IRVING: Yes, sir. And again, we will get on 22 down here immediately and I'll verify as I mail this with 23 the Staff that the information we're mailing to their 24 knowledge should be a complete register of everything that 25 they've received.
Heritage Reporting Corporation (202) 628-4888
O 64 1 JUDGE PARIS: Okay. Perhaps we should tell you 2 that the Panel is having an annual meeting running from b(~'
3 December 11 through December 16 in Las Vegas, Nevada.
4 HR. IRVING: Well, this infor6ation, sir, will 5 definitely be out this week to you.
l 6 JUDGE PARIS: Okay. Good.
7 MR. BORDENICK: I don't mean to interrupt. Mr.
- 8 Irving, were you finished?
! 9 MR. IRVINGt Yes, sir. r l ,
F l 10 MR. BORDENICK: I have what in part is a request 11 and a suggestion, I guess. With respect to the hearing 12 record, which will be compiled, the Staff presently 13 contemplates having available in Knoxville all the people 14 that participated in this review. With respect to Mr. Wayne 15 Durnside, who is the gentleman that prepared the Staff's, or 16 who did the Staf f's review of the security plan, and as I 17 indicated earlier, that written document, which is 1 1
1 18 proprietary in nature, will go out hopefully this afternoon, 19 certainly no later than tomorrow morning.
\
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20 He will only come down to Knoxville if the Board l 1
j 21 has questions of him. Obviously, I know the Board can't i
l 22 tell me that now because they have, not only have they not l t !
23 seen the Staf f's review, they haven't seen the Applicant's t 24 security plan yet. But the request is that the Board let me [
25 know as soon as possible if they will have questions for Mr. ;
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O 65 1 Burnside, security, because I'd hate to have to expend
{} 2 3
public funds to fly him down and find out we really didn't need to do that.
4 The second part, which is probably a suggestion, 5 is that if the Board determines that it has questions either 6 of the Staff or Applicant on safeguard / security, that will 7 cause us to go into an in camera or closed session. An if 8 the Board recalls it, the July 21 pre-hearing conference, I 9 think we agreed that Mr. Burnside would not be the -- I 10 forget what the regulation calls it -- the security advisor 11 to the Board since he was a reviewer, but someone from the 12 Division of Security, I think I indicated two names in a 13 letter I sent to the Board some time ago, would be. And so 14 we would need to get word to the person from the Division of 15 Security that would come down if necessary.
16 I think the problem is further exacerbated by the 17 fact that the hearing is set the week before Christmas and 18 obviously it's going to be difficult for people to make 19 last-minute airline reservations and so forth.
20 So once the Board is in a position to know whether 21 or not it's going to have any questions, I think it would 22 certainly be helpful to everyone concerned if they could 23 convey that to the Staff and thu Applicant.
24 (Extraneous noise) 25 HR. BORDE!1ICK I'm not sure whose telephone that t
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3 60 1 is.
(~} 2 JUDGE MARGULIES: The telephone is ringing in this
\_-
3 office, but I don't want to pick it up and have a problem 4 created on the line. So someone else may pick it up.
5 JUDGE PARIS: The secretary apparently has got it 6 and she'll tell them that we're busy.
7 MR. BORDENICK: Does my request or suggestion 8 cause any problems for anyone?
9 JUDGE MARGULIES: Number one, we do have some 10 questions on the security plan. And I would propose, as I 11 understand it, there's no, in that the security plan is 12 considered proprietary, there's no problem in writing to you 13 about it and attempting to get it resolved that way.
14 MR. BORDENICK: That's certainly acceptable to the 15 Staff, except that obviously if the Board asks a question 16 and we respond, the Board may have a followup question. So 17 we may be a little closer to resolving the question of 18 whether or not Mr. Burnside or someone from security is 19 needed at the hearing. But it isn't dispositive. So I 20 guess what I'm now thinking is these people are certainly 21 alerted to the fact that they may have to be down there but 22 as I indicated, I don' t think it's -- I'd rather not expend 23 funds to bring them down there and find out we really didn't 24 mean to bring them down.
25 As I say, everyone else will be down there in any Heritage Reporting Corporation (202) 628-4888
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, 1 event. So that's not a problem. It's just in the security
(} 2 3
area.
MR. IRVING: Gentlemen, would it be prudent or 4 appropriate at least if we were to, given some of the things 5 that have come up today, schedule a followup phone 6 conference for sometime early in December, which would be in 7 advance both of your conference in Las Vegas and of our 8 hearing December 21?
9 MR. BORDENICK: I would think it would be a good 10 idea. Perhaps the Board can schedule a date and if Mr.
11 Irving or I feel it's not necessary and the Board agrees, 12 then we will have to go forward with it. But since we're 13 all on the line together, it might be helpful to do that.
14 MR. IRVING: Judge Margulies, would that be 15 satisfactory, sir, or do you think that's a good ides?
16 JUDGE MARGULIES: I think it would be a good idea 17 but I think it would be a better idea to advance it to 18 sometime in November.
19 MR. IRVING: That would be fine with us.
20 MR. BORDENICK: How about November 30th, which is 21 three weeks from today?
22 JUDGE MARGULIES: From the way things are going in 23 that we do have an incomplete record, how about moving it up 24 to something like November 22nd?
25 MR. IRVING: That'll be fine, Your Honor.
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e 68 1 JUDGE MARGULIES: Just let me confer with the (j';
L 2 other Judges.
3 (Board Chairman and Members confer) 4 JUDGE MARGULIES: This is Judge Margulies again.
5 How about November 21st at 2:00 O' clock?
6 c 'R . IRVING: On behalf of the Applicant, Your 7 Honor, that would be fine.
6 MR. BORDENICK: That's certainly agreeable to the 9 Staff. That's on a Monday?
10 JUDGE MARGULIES: That is Monday, November 21st at 11 2:00 p.m.
12 MR. IRVING: Your Honor, we'll schedule that date 13 and look forward to that phone conversation. And again, 14 I'll be exponding my efforts down here assuring that 15 immediately the Board has in front of it all information 16 which you need to do your review.
17 JUDGE MARGULIES: the Board would like to confer 18 for a very short period of time to see if they have anything 19 further before we conclude this call. So if you'll just 20 hang on for a while, we'll get back to you.
21 MR. IRVING: That'll be fine, Your Honor.
22 (Beard Chairman and Members confer) 23 JUDGE MARGULIES: This is Judge Margulies again.
24 The Doard doesn't have any other things that it wants to 25 discuss at this point. Do the parties have anything?
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0 69 1 MR. IRVING: No, Your Honor. On behalf of the 2 Applicant, we thank you for this phone call. We are
{J')
3 certainly glad to get this thing directed at this time and 4 find out now so we can get the deficiencies corrected.
5 MR. BORDENICK: The Staff has nothing further. I L
6 would iust ask Mr. Irving that if and when he hears from the ;
7 Department of Energy on this extension, that he notify the 8 Board and the Staff immediately.
9 MR. IRVING: I've already told Judge Margulies 10 I'll send him a copy and the Board a copy of the notice once 11 we recoive it from DOE, Bernie, and I'll certainly send a 12 copy to the Staff.
13 MR. BORDENICK: Appreciate it. Thank you.
14 JUDGE MARGULIES: And I think if you use express 15 mail it would be most helpful.
16 MR. IRVING: Everything will be express mail, sir. i 17 Thank you very much.
18 JUDGE MARGULIES: There being nothing further, 19 this conference is concluded. Thank you.
20 (Whereupon, at 2:41 p.m., the teleconference was l 21 concluded, another teleconference being scheduled for 2:00 22 p.m., Monday, November 21, 1988.) ;
6 23 l 24 ,
25 j i
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a 0
1 CERTIFICATE 2
I 3 This is to certify that the attached proceedings before the 4 United States Nuclear Regulatory Commission in the matter 5 of:
6 Hame: Alchemio (
7
- r 8 Docket Number: 50-603-CP/oL 50-604-CP 9 Place: Bethesda, Md.
10 Date: 11-9-8C 11 were held as herein appears, and that this is the original [
12 transcript thereof for the file of the United States Nuclear 13 Regulatory Commission taken st enographically by me and, 14 therestter reduced to typewriting by me or under the
() 15 direction of the court reporting company, and that the 16 transcript is a true and accurate record of the foregoing 17 proceedings.
18 /s/ 4%UMbpd' Rasa von tdparski 19 (signature typed) :
20 Official Reporter 21 Meritage Reporting Corporation 22 23 24 25 Heritage Reporting Corporation O (202) 628-4888