ML20249C442

Atomic Safety and Licensing Board Biennial Report.Fiscal Years 1995 - 1996

ML20249C442
Person / Time
Issue date:	06/30/1998
From:	Atomic Safety and Licensing Board Panel
To:
References
NUREG-1363, NUREG-1363-V07, NUREG-1363-V7, NUDOCS 9806290363
Download: ML20249C442 (51)

Text

NUREG-1363 Vol.7 ATOMIC SAFETY AND LICENSING BOARD PANEL BIEXNIAL REPORT FISCAL YEARS 1995-1996 I

JUNE 1998 pfC9 t U.S. NUCLEAR REGULATORY COMMISSION Washington,.DC 20555-0001 8 62 g g 900630 1363 R PDR

AVAILABILITY NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in NRC publications will be available from one of the following sources:

1. The NRC Public Document Room, 2120 L Street, NW., Lower Level, Washington, DC 20555-0001

2. The Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20402-9328

3. The National Technical Information Service, Springfield, VA 22161-0002 Although the listing that follows represents the majority of documents cited in NRC publica-tions, it is not intended to be exhaustive.

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence and internal NRC memoranda; NRC bulletins, circulars, information notices, inspection and investigation notices; licensee event reports; vendor reports and correspondence; Commission papers; and applicant and licensee docu-ments and correspondence.

The following documents in the NUREG series are available for purchase from the Government Printing Office: formal NRC staff and contractor reports, NRC-sponsored conference pro-coedings, international agreement reports, grantee reports, and NRC booklets and bro-chures. Also availabie are regulatory guides, NRC regulations in the Code of Federal Regula-tions, and Nuclear Regulatory Commission Issuances.

Documents available from the National Technical Information Service include NUREG-series reports and technical reports prepared by other Federoi agencies and reports prepared by the Atomic Energy Commission, forerunner agency to tho Nuclear Regulatory Commission.

Documents available from public and special technical libraries include all open literature items, such as books, journal articles, and transactions. Federal Register notices, Federal and State legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations, and non-NRC con-forence proceedings are available for purchase from the organization sponsoring the publica-tion cited.

Single copies of NRC draft reports are available free, to the extent of supply, upon written request to the Office of Administration, Distribution and Mail Services Section, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.

Copies of industry codes and standards ue,ed in a substantive manner in the NRC regulatory process are maintained at the NRC Library, Two White Flint North,11545 Rockville Pike, Rock-ville, MD 20852-2738, for use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards institute,1430 Broadway, New York, NY 10018-3308.

NUREG-1363 Vol.7 ATOMIC SAFETY AND LICENSING BOARD PANEL BIEXNIAL REPORT FISCAL YEARS 1995-1996 JUNE 1998 U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555-0001 1

ABSTRACT The Panel handled 33 cases in Fiscal Year boards and presiding officers during this 1995 and 29 cases in Fiscal Year 1996. This period. This report also describes the Panel's report summarizes, highlights, and analyzes other responsibilities, addresses the status of how the wide ranging issues raised in these Panel activities, and reports on present and cases were addressed by the Panel's licensing projected future caseloads.

l iii NUREG-1363, Vol. 7

CONTENTS Page AB S TRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii EXECUTIVE SUM MARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii 1995 - 96 Pa n e l D e cisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii D oc k e t D a ta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sii Ad mi nistra t i on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sii I. I NTR O D U CTI O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. PANEL RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. Pa n e l H e a ri ngs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Other Panel Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III. UTILIZING NEW TECHNOLOGIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 IV. SIGNIFICANT 1995 - 1996 D ECI SI O NS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 V. CAS ELOAD ANALYSI S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 A. The Fiscal Years 1995 and 1996 Dockets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Type s of Case s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 C. GPRA Projected Future Caseload . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 D. Duration of Cases on the Docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 VI . PE R S O NNEL AND S UPPO RT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 A. Pa n e l M e mb e rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 l B. Professional and Support Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 l

VII . CO NCLU S I O NS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 APPENDICES A Atomic Safety and Licensing Board Panel Fiscal Years 1995 - 1996 . . . . . . . . . . . . . . . . . . . 27 B Biographical Sketches of Panel Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C Selected Issuances of the Atomic Safety and Licensing Boards . . . . . . . . . . . . . . . . . . . . . . . 35 D Major Federal Statutes and Regulations Relevant to ASLBP Adjudications . . . . . . . . . . . . 39 v NUREG-1363, Vol. 7

CONTENTS Page TABLES

1. Fiscal Year 1995 Docket Recapitulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2. Fiscal Year 1996 Docket Recapitulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3. 1995 Panel Caseload . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

4. 1996 Pa nel Caseload . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 )

5. Fiscal Years 1995 - 2001 Caseload Mix by Percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

6. Average Months on Docket for Completed Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7. Duration Cases Closed in FY 1991 - 1996 were on Docke t . . . . . . . . . .'. . . . . . . . . . . . . . . . . 21 FIGURES

1. Fiscal Year 1983 Caseload Mix by Percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2. Fiscal Year 1995 Caseload Mix by Percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3. Fiscal Year 1996 Caseload Mix by Percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4 Chief Judge Paul B. Cotter, Jr. presenting award to PrJel Member Arlene Comiez . . . . . . 23

' NUREG-1363, Vol. 7 vi

EXECUTIVE

SUMMARY

Overview Docket Data Published Decisions: During Fiscal Years Caseload: In FY 1995, the Panel had 33 1995-1996, the Panel's boards and presiding proceedings on its docket. Ten new cases were officers published 51 decisions and issued docketed and 14 cases were closed that year.

several hundred memoranda and orders in In FY 1996, there were a total of 29 connection with the adjudicatory proceedings Proceedings with 9 new cases docketed and 17 on the Panel's Docket. Especially significant cases closed.

cases involved the Claiborne enrichment

3. pes of Cases: The FY 1995-1996 caseload facility, the Diablo Canyon reactor, the Vogtle primarily consisted of cases involving licensing reactor, the River Bend reactor, the Sequoyah actions for materials licensees, NRC staff Fuels nuclear fuels, the Georgia Tech research enforcement actions, and license amendment reactor, the Millstone reactor, and the Yankee actions involving reactor licensees. In FY reactor.

1995,91% of the docket was composed of these types of cases and 79% in FY 1996. Such Significant procedural rulings during the cases are projected to be reduced to only 64%

Period concerned: of the docket for the years 1993 through 2001.

• Native American Tribe Participation In Dumtion of Cases On Docket: For docketed NRC Proceedings cases closed in FY 1991 through FY 1996, the average case duration was 9.6 months. For

• Intervenor Witness Requirements cases closed during these years,40% were on the docket less than 6 months,27% for 6 to 12

• Access by OI and OIG to Confidential Hearing Materials m nths,33% over one year.

Pmjected Future Caseload: An infusion of

• Standing to Intervene in NRC Proceedings new types of cases is expected for FY 1997

• Organizational Standing through 2001, including off-site interim spent fuel storage cases, reactor license extension

• Withdrawal ofIntervenors from NRC cases, and cases involving the construction of Proceedings novel new fuel and production facilities. In FY l 2001, the Panel will begin preparing for the l

• NRC Authority to Oversee Agreement Yucca Mountain high level waste proceeding State Programs which is scheduled to be docketed in 2002. In 2001, the Panel also may begin receiving

• Subpart L Hearing Requirements Department of Energy licensing and enforce-l

• Submission of Contentions Out-of-time ment cases if the NRC obtains regulatory

• Discretionary Intervention

• Administrative Guidelines for Panel Hearings Staffing: At the end of FY 1996, the Panel had available a total of 33 judges (12 full-time and

• Staff Witnesses at NRC Hearings 21 part-time.) By academic discipline they vii NUREG-1363, Vol. 7

included 7 lawyers,10 public health and the presiding officer and off-site parties. The environmental scientists,7 engineers,6 telephone is routed through the loud speaker physicists, and 3 physicians. system which eliminates the need for gathering around a " squawk box" for such conferences.

The Panel's Electmnic Docket: The Panel continues to utilize the NRC's PC IAN based " I"*** * "**' * * ' ""'

• I ' ""'" '

local network system implementation plan for .

the parties. A new courtroom local area case management. It has proven to be less network (LAN) system also was mstalled costly.

which allows presiding officers, witnesses, and The TWo White Flint Nodh IIearing Room: parties together to view electronic text or The Panel's new hearing room has been imaged exhibits. Plans to install a voice-updated to include a new speaker phone activated video court reporting system are system that permits conference calls between almost complete.

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,. r % e 2QJ, a Panel hearing room at Two White Flint North NUREG-1363, Vol. 7 viii

1. INTRODUCTION The Atomic Safety and Licensing Board Panel national debate over what role nuclear power

. ("the Panel") was created by the Commission should play in meeting the Nation's energy l pursuant to Section 191 of the Atomic Energy needs. The licensing boards and presiding l - Act of 1954, as amended. One intent of officers who are called upon to adjudicate Congress in promulgating this Act was to these dispute must be more than mere provide that the public's views regarding umpires; to protect the public health and

> nuclear matters be 2,iven full consideration. safety they must sometimes go beyond the I

The public can be,st be heard regarding NRC presentations of the parties and independently licensing actions by requesting a hearing and identify, explore, and resolve significant legal becoming " interveners" with full participatory and technical questions arising during the rights, including cross-examination of other proceeding.

participants. Parties to NRC hearings may appeal adverse decisions to the Commission In recent years, the Panel's caseload has and, thereafter, to Federal Circuit Courts of moved away from the large nuclear power Appeal, and, ultimately, the Supreme Court of Pl ant operating license and construction the United States. Permit proceedings that dominated its docket during earlier cras. The site decontamination, Adjudicatory hearings at the NRC are enforcement actions, and materials license conducted by licensing boards or presiding Proceedings that have taken their place officers drawn from the Atomic Safety and continue to raise difficult and sometimes Licensing Board Panel. The first licensing unexplored questions oflaw and science. And board was appointed November 9,1962. Since in the near future, projected proceedings then, a total of 678 proceedings have been involving reactor license renewals, fuel conducted. production facilities, and license applications for interim and permanent high level waste Reactor and materials licensing hearings repositories are anticipated to be complex and ,

conducted by the Panel routinely involve highly contested and will involve novel J difficult questions of policy, law, engineering, scienti6c issues. The high level waste and risk assessment, often at the cutting edge permanent repository proceeding scheduled of science and technology. Frequently such for Yucca Mountain, Nevada, in particular, is hearings must be resolved in the complicated expected to be one of the most complex and emironment of local concerns about the controversial administrative proceedings ever -

consequences of severe accidents and the conducted by the NRC.

4 1 NUREG-1363, Vol. 7 -

II. PANEL RESPONSIBILITIES A. Panel Hearings submittal, oral presentations by the parties subject to questioning by the presiding officer.

The Panel's principal responsibility is to hold For these informal proceedings, the Panel has hearings on behalf of the Commission. adopted a procedure of assigning a legal or Contested hearings at the Nuclear Regulatory technicaljudge from the Panel as an assistant Commission are conducted by members of the to the designated presiding officer. While Atomic Safety and Licensing Board Panel. obtaining the benefits of the informal procedures, the assignment preserves the These hearings may be either formal or cross-expertise of the traditional three-informal. The Panel's formal proceedings are member licensing boards to ensure issurr.ce of governed by the Administrative Procedure fully informed decisions.

Act, 5 U.S.C. 551, et seq., as implemented by the Commission's own rules of practice set out For both formal and informal hearings, boards at 10 C.ER. Part 2, Subpart G. Formal and presiding officers take an active role in proceedings consist of the traditional shaping the issues before them by such procedures used in non-jury Federal court measures, when appropriate, as consolidating cases including pre-trial discovery between the the contentions of the parties. In complex parties and formal trial procedures at the proceedings involving numerous issues under hearing. Formal procedures traditionally have several distinct topics, the Panel often creates been used at the NRC in cases involving the separate, parallel licensing boards or presiding licensing of reactors and for enforcement officers to handle one or more topics. Besides proceedings brought by the agency against the time saved through parallel adjudication, individuals and licensees. They are presided assignment of each board or presiding officer over by a three member board of judges, is made with Panel members whose expertise usually consisting of one legal member and matches the issues to be resolved. In addition, two technical members. usually, for purposes of efficiency, boards and presiding officers segregate topics at hearings Informal hearing procedures are authorized in and subdivide hearing schedules into distinct matters affecting one of the NRC's more than phases so that each phase deals most l 6,000 materials licensees or for rejected efficiently with discrete groupings of related reactor operator applicants. Informal issues. They also routinely actively monitor the proceedings are generally conducted under the discovery portions of the hearing to expedite procedures in 10 C.ER. Part 2, Subpart L. the proceedings.

While the deliberative process for judges remains the same under either type of hearing, Boards and presiding officers also affirmatively informal hearings involve significantly attempt to foster an atmosphere conducive to different procedures for developing the record the free exchange of views and information upon which decisions must be based. The among the parties and to encourage the principal differences include the use of a single possible settlement of disputed issues. A large presiding officer (as opposed to a three- percentage of proposed contentions and issues member licensing board), written submittal by in NRC proceedings are thus usually resolved the parties instead of a hearing on the record, informally. Boards and presiding officers also and, if the presiding officer determines it to be continuously encourage the settlement of necessary after considering the written proceedings. To this end, the Panel has 3 NUREG-1363, Vol. 7

initiated programs to train its judges in treatment, disposal, or storage of radioactive alternative dispute resolution techniques. In materials and the commercial use of addition, the Panel has adopted a program of radioactive source terms used in such fields as assigning settlement judges, when appropriate, nuclear medicine, welllogging, and to litigated cases to assist the parties in radiography.

negotiations.

Enforcement Hearings: Hearings are available The NRC's regulations provide the to individuals, employees, licensees, opportunity for hearings in a variety of c ntractors, subcontractors, and vendors for matters. See, generally, Appendix D. Panel contestm, g penalties and sanctions (ranging hearings include: from monetary fines and cm,l penalties to Reactor Licensing Hearings: The Atomic facility shut-down and license revocation)

Energy Act of 1954, as amended by the Energy levied against them by the NRC staff for Reorganization Act of 1974 and the Energy alleged infractions of NRC regulations.

Policy Act of 1992, and its implementing regulations ("the Act") require that a hearing Antitrust Hearings: Hearings can be be held on every application for a combined conducted to contest the licensing of a nuclear construction permit and operating license for a reactor on antitrust grounds. These hearings nuclear facility that produces electric power. allo v affected parties to challenge the The combined hearings provide an licensing of nuclear reactors if the operation of opportunity for affected individuals and such reactors would create or maintain a organizations to raise health, safety, and situation inconsistent with the antitrust laws. ,

antitrust issues. In addition, post-construction hearings on combined licenses are allowed Commission Requested Hearings: Hearings under circumstances when the facility's can be conducted for any nuclear-related acceptance criteria have not been met and matter that the Commission directs be heard.

there is no reasonable assurance of adequate For example, although hearings are not protection. Prior to the Energy Policy Act of required under the Administrative Procedure 1992, formal hearings were required to be held Act for agency rulemaking, recently on every application for a construction permit promulgated Part 52 of the NRC's regulations for a nuclear power plant or related facility provides for a hearing opportunity to contest and operating license hearings could be held if rulemaking for the design certification of new requested by qualified parties. reactors. See 10 C.ER. 52.51 (1996).

License Amendment Hearings: Affected parties may challenge proposed license Hearings Involving Personnel Matters:

amendments for nuclear reactors. If the public Hearing also may be conducted by Panel health and safety warrants, hearings may be members for cases invoMng non-nuclear required to be held before the license related activities. Such hearings can include amendment is allowed. cases involving employee grievances of agency personnel action and Equal Employment Materials License Hearings: Hearings may be Opportunity cases brought by non-bargaining conducted to contest NRC licensing actions unit employees. Hearings also are available involving the commercial use of nuclear for individuals to contest agency action materials. Included in this category are invoMag fraudulent claims brought under the licensing actions invoMng the manufacture, Program Fraud Civil Remedies Act of 1986.

NUREG-1363, Vol. 7 4 l'

l

B. Other Panel Responsibilities NRC Procedural Rules The Panel on occasion has drafted, The Panel also performs a number of other independently and with other Commission services for the NRCincluding: ,

offices, NRC Part 2 procedural rules of practice for submission to the Commission.

The Projected Iligh Level Waste Repository at During 1995-1996, the Panel and the Office Yucca Mountain of the General Counsel worked together on developing options for rewriting the The Panel has various responsibilities ,

Commission's Subpart G Rules of Practice, regarding the licensing of the projected high level waste repository scheduled to be built at Yucca Mountain, Nevada. Ultimately, the Court Reporting Services Panel's administrative judges will be responsible The Panel is responsible for managing NRC for makmg the imtial decision in a formal court reporting services for all proceedings, hearing conducted under the provisions of 10 meetings, depositions, public hearings, oral CFR Part 2, Subpart J of the Commission's arguments, and investigative interviews held in Rules of Practice as to whether the repository the United States and its protectorates. These satisfies applicable safety and emironmental reporting services are made available to all requirements. In the meantime, the Panel has NRC offices, and include the preparation of helped develop procedural rules and support transenpts of Panel hearings and prehearing systems for the licensing hearings to be held conferences, and transcripts of meetings of the for the facility. This has included assisting in Advisoly Committee on Reactor Safeguards, developing an electrome document management the Advisory Committee on Nuclear Waste, system for the facility to be used by the parties and the Advisory Committee on Medical Uses in the proceeding. This system, referred to as of Isotopes. They also include transcript the LSS (the Licensmg Support System), will senices for depositions and investigative make documents available prior to submittal

, inteniews by the Office ofInvestigations, and ef the facility's license application, thereby the Inspector General. In addition to offering chmm, ating the need for most discovery after senices to all Commission offices, the Panel the Department of Energy's application has manages Commission reporting services been docketed for hearing. Within the next except for in-town Commission court few years, the Panel will adjudicate discovery reporting.

disputes after LSS documents (estimated at up to 20 million pages) are loaded in the .

Electronic Filing Services Licensing Support System's electronic data base. The Panel currently is working with other NRC offices to consolidate and computerize Advisory Opinions the NRC's adjudicatory docket.

The Panel monitors all proposed rules, Alternative Dispute Resolution regulations, and legislation affecting the NRC's hearing process and advises the Panel Members and the Panel's Legal Counsel Commission when potential problems exist. are trained in alternative dispute resolution Upon request, the Panel furnishes comments techniques. This resource is available to the to the Office of the General Counsel on rules agency and to NRC offices for mediation and and regulations proposed by that office. facilitation services.

5 NUREG-1363, Vol. 7

III. UTILIZING NEW TECHNOLOGIES The Panel increasingly relies upon computer LAN-based system can be maintained on a support systems. These systems have proven to stand-alone personal computer, and proved to be particularly important for expediting be much less costly and more efficient than the adjudicatory proceedings, managing the Panel's former main-frame based system.

Panel's voluminous and complex hearing records, and dealing with administrative tasks. During the period, the Panel also actively sought to improve other litigation support Important technology innovations for systems. The new Panel hearing room at Two expediting hearings have included the White Flint North was updated to include a installation of computerized work stations for new speaker phone system that permits the judges and key Panel personnel. To assist conference calls between the presiding officer in decision writing, judges can now access full and off-site parties using the microphones and text documents from their computers using speaker system in the hearing room. Plans in-house customized databa:e management were also going forward in the 1995-96 time systems while simultaneously doing legal frame to install a voice-activated video court research on the computer through external reporting system in the hearing room. In systems such as LEXIS and WESTLAW. In addition, courtroom technology was enhanced addition, as presently configmed, judges and byinstallation of a courtroom local area professional support staff can, from their network (LAN) system which, using portable desks, draft, share, and comment on proposed computers, allows the presiding officer, decisions; access and quickly search either the counsel, and witnesses to locate and view Panel's electronic docket or the Commission's electronic text or imaged versions of exhibits document retrieval system; and communicate and record materials, perform word processing with each other or other employees of the or spreadsheet functions, and do research NRC through the Commission's electronic using LEXIS/NEXIS, WESTLAW, or mail system. CD-ROM library material via outside The Panel's electronic docket has considerably enhanced document availability and case Also during the period, the Panel continued to l management techniques. For routine hearings, support the Electronic Data Interchange documents received by the Panel are (EDI) project. EDI makes it possible for one l

l abstracted and routinely entered by the end of computer to communicate directly with I

each working day into the adjudicatory another regardless of the software and database. In selected complex cases, the full hardware involved, thereby eliminating not text of significant documents such as pre-filed only the mail system, but also human handling testimony and hearing transcripts are now required for one party to transmit a electronically indexed and added to the document to another. In 1993, individual database. Once in the database, the system Panel members joined a consortium of contains indexing, companion search, and volunteer government and private sector retrieval capabilities. During the 1995-1996 representatives to develop this method of period, the Panel continued to utilize the filing for administrative hearings. The NRC, NRC's local area network system (Autos) which had been chosen as the pilot federal implementation plan for case management agency for this project, later decided to fund j

I which was implemented in 1994. That PC part of the project. Panel staff are preparing a 7 NUREG-1363, Vol. 7

- _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - - _ _ - _ - _ _ _ _ _ _ _ _ _ - _ - _ - - _ - _ _ _ _ _ _ _ _ _ - _ - _ = _ _ _ _ _

standard for filing pleadings with the NRC for agencies and may ultimately be adopted at the approval by the X.12 Group of the American NRC as part of the hearing process and for National Standards Institute. The final other uses throughout the agency.

standard may be useful to other Federal 1

1 l

NUREG-1363, Vol. 7. 8  !

IV. SIGNIFICANT 1995-1996 DECISIONS During Fiscal Years 1995-1996, the Panel's Electric Company (Diablo Canyon Nuclear boards and presiding officers published 51 Power Plant, Units 1 and 2), LBP-94-35,40

' decisions and issued several hundred NRC 180 (1994).

memoranda and orders in connection with the adjudicatory proceedings on the Panel's The Sequoyah Fuels litigation involved a docket. See Appendix C. license amendment proceeding and a related enforcement proceeding. In the license Six of these proceedings were, in particular, amendment proceeding, the intervening large-scale. They included a construction Indian tribes and environmental groups permit application by Louisiana Energy opposed the licensee's curtailment of l Services (LES) to build a gas centrifuge management and supervision at the site  ;

uranium enrichment facility in Claiborne, following cessation of commercial operations.

Louisiana; a license recapture proceeding for In the enforcement proceeding, these same

' Pacific Gas and Electric Company's Diablo interveners contested an NRC staff order jl i

Canyon Nuclear Reactor; an operating license requiring Sequoyah Fuels Corporation's amendment application by Georgia Power parent company, General Atomic Company to transfer operating control of its Corporation, to be jointly and severally Vogtle reactor to another entity; a license responsible for providing financial assurance amendment application by Gulf States for the site's decommissioning. An important Utilities to transfer ownership and operating issue in both proceedings, as well as for future control of its River Bend reactor to a new NRC decommissioning policy, was the operator and owner; and an enforcement and jurisdictional question of whether a parent license amendment proceeding involving the corporation is liable for deconunissioning a Sequoyah Fuels nuclear fuels facility in Gore, contaminated site that is whcIly owned and l

Oklahoma. operated by a subsidiary. Sequoyah fuels Corporation (Source Materials License No.

In Diablo Canyon, the licensee had requested SUB-1010), October 14,1994 Slip Opinion; that the operating licenses for its two reactors LBP-94-5,39 NRC 54 (1994); LBP-94-8, be increased by 13 years for Unit 1 and 15 39 NRC 116 (1994); LBP-94-19,40 NRC 9 years for Unit 2 in order to " recapture" the (1994).

period spent in constructing the plants.

Included in the proceedingwas a Vogtle involved a contention by a former plant maintenance / surveillance program contention employee that new owners and individuals with 43 distinct subparts and a contention assuming operational control of the reactor dealing with the licensee's use of Therma-Lag lacked the necessary character and integrity to as a fire barrier. After full evidentiary hearings be relied upon for its proper operation.

had been concluded, the Board held that the Following over 22 weeks of hearings, and on licensee's programs were adequate to allow the eve of the board's issuance of a lengthy l - the operating licenses for the Diablo Canyon Decision and Final Order, Georgia Power and units to be extended as requested. However, it the former employee agreed to a settlement.

found some problems in licensee's _

Because they settled,'the board did not issue maintenance and surveillance programs which its Decision and Order. Georgia Power L it ordered to be corrected. Pbcific Gas and Company (Vogtle Electric Generating Plant, 9 NUREG-1363, Vol. 7

=-_______=__ ___-__ -

r 1

l 1 Units 1 and 2), LBP-96-16,44 NRC 59 games. Prior to hearing. this contention (1996).

became moot following voluntary removal by the university of fuel from the reactor during As in Vogtle, the Panel's River Bend proceeding the pendency af the games. Georgia Institute of also involved an application to transfer Technology (Georgia Tech Research Reactor),

ownership and operating control of the reactor LBP-95-19,42 NRC 191 (1995). Hearings

! to a new operator and owner. The facility's were subsequently held concerning the co-owner had claimed that the reactor's safety adequacy of the reactor's management, for could be undermined because the new which a decision was pending at fiscal year's operators might be under-funded. The end. A portion of the management contention prehearing, discovery, and summary involved alleged security infractions at the disposition phases of this highly-contested reactor filmed by a Fox TV camera crew and proceeding were complex and lengthy, later aired on national telesision on the involving important financial qualifications program titled A Current Affair; and jurisdictional issues. The case was . .

The Panel's Millstone proceeding contained terminated in March 1996 after the c> owner many of the same allegations as those that went into bankruptcy and had to withdraw its were presented in the controversial March 4, intervention. GulfStates Utilities Company 1996 front page cover story in Time Magazine (River Bend Station, Unit 1), LBP-96-5,43 involving the NRC. That proceeding v.as NRC 135 (1996). terminated by the licensing board on April 15, 1996 after withdrawal by the petitioners.

Louisiana Energy Senices involved a Northeast Nuclear Power Company (Millstone construction permit application to build a gas ,

Nuclear Power Station Unit 1), LBP-96-6, )

centrifuge uranium enrichment facility. A '

public interest group opposing the facility 43 NRC 140 (1996).

raised contentions pertaining to emergency The Yankee Atomic case also involved preparedness, unauthorized production of high profile issues. The Commission referred enriched uranium, financial qualifications, the proceeding to a licensing board with need for power, decommissioning, disposal of instructions for an expedited hearing after the nuclear waste, and emironmental justice. In United States Court of Appeals for the First FY 1996, the board issued a 114-page Partial Circuit found that the Commission had erred Initial Decision on the emergency preparedness in not allowing hearing opportunities for and unauthorized production contentions. A challenging the decommissioning plan of the decision on the remalmng contentions was Yankee Atomic reactor. The board initially pendmg at fiscal year's end. Louisiana Energy ruled that none of the groups' contentions Services (Claiborne Enrichment Center), were admissible, but subsequently allowed one LBP-96-7,43 NRC 142 (1996), contention for hearing which was later resolved by summary disposition after Some well-pubh. .cized, high-profile cases als completion of the discovery phase of the were handled by boards in FY 1995-1996. In proceeding. Yankee Atomic Electric Company the Panel's Georgia Tech proceeding, public (Yankee Nuclear Power Station), LBP-96-2, mterest was generated on the eve of the 1996 43 NRC 61 (1996); LBP-96-15,44 NRC 8 Olympic Games held in Atlanta, Georgia after (1996); LBP-96-18,44 NRC 86 (1996).

a local organization claimed that security at the university's research reactor was During Fiscal Year 1995-1996, Licensing inadequate to prevent its sabotage during the Boards and Presiding Officers also ruled on a NUREG-1363, Vol. 7 10 j

number of important procedural issues information contained in the Hearing File.

involving Panel docketed cases. These issues Babcock and Wilcox Company (Parks l included: Township, PA), LBP 1,41 NRC 1 (1995).

l Employing similar standards, a presiding Native American Tribe Participation In NRC officer in Sequoyah Fuels allowed a petitioner Proceedings to add late-filed areas of concern because the additional concerns had involved matters that

Native American Tribes and individuals ,

arose after the filmg of the original petition i representing the interests of these tribes intervened in three different NRC cases during ang the licensee was not prejudiced because written presentations were still to be filed.

FY 1995. In each case, presiding officers ,

recognized that the tribes could not ignore the S'9.uoyah Fuels Corporation, June 9,1995 Slip Opinion.

Commission's rules, but their participation nevertheless was entitled to some :;pecial Another Subpart L issue concerned the status and their tribal rights, culture, and requirement for well organized and religious heritages were entitled to understandable written submissions to Subpart environmental recognition. This occurred in L presiding officers. In Park Township, the Hydro Resources, Inc., LBP-95-2,41 NRC 38 presiding officer ruled that parties are (1995), where the presiding officer granted a responsible for comprehensively organizing Native American a second chance to cure and presenting their cases and that presiding procedural defects in his original petition and officers are not duty-bound to consider in Sequoyah Fuels Corporation, Slip Opinion at disorganized and unstructured presentation.s.

2-3 (October 14,1994), when the presiding The interveners there had submitted large officer granted standing to Native Americans volumes of documents without having based on alleged injury to tribal river beds on analyzed them or having identified how they the Arkansas River held in trust by the U.S. re'ated to the case. The presiding officer government. Similarly, in Energ, Fuels Nuclear; concluded that, as an impartial judge, he could Inc., LBP-94-33,40 NRC 151 (1994) the not construct a controversy on behalf of the '

presiding officer recognized the importance of interveners from these bulk papers, nor for tribal grave sights, historical monuments, and that matter, could he construct their cases for Indian artifacts as subjects of environmental them. Babcock and Wilcar Company, (Parks concern. Township, PA), LBP-95-1,41 NRC 1 (1995).

Subpart L. IIearing Requirements Intervenor Witness Requirements On several occasions during these year, In a proceeding involving the Diablo Canyon presiding officers were asked to add new areas reactor, the licensee sought to prevent an of concern in Subpart L proceeding after the intervenor from presenting technical time for filing these concerns had expired. The arguments in its findings and arguments made presiding officer in Park Township rejected to the board because the materials relied on such a request, explaining that late-filed by the intervenor had not been sponsored by l

concerns should not be accepted unless the the intervenor's own expert witnesses. In delay is excusable and granting the untimely over-ruling the licensee, the Board held that request will not injure or prejudice other NRC interveners may utilize, as part of their parties. No attempt had been made in this case, documents and testimony introduced case to explain the delay and none of the through other party witnesses. The board late-filed areas of concern were founded upon reasoned that to do otherwise would abrogate 11 NUREG-1363, Vol. 7

t the right ofintervenors to present their cases purposes at the hearing. The Board held that through cross-examination and might limit requiring such notice would undercut the technical analysis and conclusions in NRC utility of the cross-examination. The Board cases to statements made by licensee and staff further stated that the parties had not been expert witnesses. The board, in this regard, prejudiced by the lack of notice because they pointed out the value of opposing points of later had been offered additional time to ,

view and stressed that the board had the examine these documents. Pacific Gas and technical expertise to evaluate (and not be Electric Company (Diablo Canyon Nuclear prejudiced by) un-sponsored materials Power Plant, Units 1 and 2), LBP-94-35,40 presented by the parties. Pacific Gas and NRC 180 (1994).

Electric Company; (Diablo Canyon Nuclear Power Plant, Units 1 and 2), LBP-94-35,40 Standing to Intervene in NRC Pmceedings NRC 180 (1994). Several decisions involved the issue of

" standing to intervene." Before allowing a Access by OI and OIG to Confidential petitioner to intervene as a party in an NRC Heanng Maknals adjudicatory proceeding, the petitioner must In the Sequoyah Fuels case, NRC staff had demonstrate that it will be adversely affected claimed that the NRC's Office of by the licensing action in question. In reactor construction permit and operating license Investigations and Office of the Inspector General should be allowed unfettered access proceedings, Commission case law establishes to confidential documents obtained during that persons who live, work, or otherwise have contact within the area around a nuclear plant discovery. A majority of the board ruled that access to these materials could not be have standing to intervene since they are obtained without the board's permission and presumed, at lea t in some small way, to be that the board would not grant permission adversely affected by an accident involving the absent a threat to health and safety. The plant. In the Millstone proceeding, the majority reasoned that courts traditionally licensing board found a proximity presumption have not allowed discovery materials to be for an individual living within 20 miles of the utilized by prosecutors and that protected plant even though the potential accident in information is generally only released when an question involved only an increase in heat load agency's statute or rules specifically allow it to in the spent fuel pool rather than potential be, which is not the case at the NRC. Sequoyah problems with the entire plant. The licensee Fuel Corporation and General Atomics (Gore, claimed that there was no potential for off-site l Oklahoma Site), LBP-95-05,41 NRC 253 injury. In finding standing, the board reasoned (1995). that the petitioner's allegations must be l

construed in the petitioner's favor and that Cross-Examination off-loading and storage of a full fuel core has some potential for off-site consequences. The In the Diablo Canyon proceeding, Staff had board noted that it would not determine the contended that the mtervenor was required to essential validity of the asserted facts in ruling give staff advance notice prior to the hearing on intervention petitions. Northeast Nuclear .

of all documents it intended to mtroduce int Energy Co. (Millstone Nuclear Power Plant, evidence at the hearing. Advance notice would Unit No.1), LBP-96-1,43 NRC 19 (1996).

have forced the mtervenor to reveal to opposing parties the documents that the it In this same Millstone decision, the board also intended to utilize for cross-examination ruled on an organization's attempt to gain NUREG-1363, Vol. 7 12 E_------_ _ ______ _

standing through its individual members. An withdraw without prejudice, thus granting the affidavit of one member stated that eleven cooperative an opportunity to renew its claims other members had authorized the at some later date. In so ruling, the board organization to represent them. Because the concluded that the public interest arguably eleven others had not submitted individual might be served if the cooperative later could affidavits authorizing this representation, the establish that additional financial assurances board found that the organization lacked were needed for the River Bend reactor. The authorization to represent them. According to board also reasoned that it was unfair to the board, members who wished to be impose a form of punishment, such as a bar of represented must themselves give " concrete future action, against an intervenor whose indication" that representation of their decisions were being directed by a person (the interests is authorized. Nonheast Nuclear bankruptcy trustee for the cooperative) with Energ Co. (Millstone Nuclear Power Plant, legal responsibilities other than those which Unit No.1), LBP-96-1,43 NRC 19 (1996). supported the original petition.

NRC Authority To Oversee Agreement State Organizational Standing Pmgrams In a license renewal proceeding involving the As part of its regulatory program over the Georgia Tech University research reactor in nuclear industry, the NRC has entered into Atlanta, Georgia, a group titled Georgians formal agreements with a number of states against Nuclear Energy (GANE) sought

, (referred to as Agreement States) allowing intervention on the basis that one of its them to assume regulatory responsibility over members worked near the reactor site. The byproduct, source and small quantities of member had not officiallyjom, ed GANE until

, special nuclear materials. In Georgia Institute after GANE had filed its imtial petition t of Technolog (Georgia Tech Research mtervene. The board held that a person can Reactor), LBP 19,42 NRC 191 (1995),

establish standing on behalf of an organization an important jurisdictional issue arose if that person becomes a member during the concerning whether the NRC can override an time when an amended petition to mtervene Agreement State's authority once it has turned can still be filed in the proceedmg. The board control over to the State. A local public reasoned that the Rules permit amendment of interest group in the proceeding had  !

a petition to m, tervene "without prior challenged the physical security of Georgia approval" of the board, and there is n Tech's nuclear reactor during the 1996 definition of the scope or subject matter of Summer Olympic games, contending that it such amendments. Georgia Imtitute of could be subject to terrorist attack. To Technolog (Georgia Tech Research Reactor), alleviate this security concern, after the LBP-95-6,41 NRC 281 (1995). hearing began Georgia Tech agreed to remove all nuclear fuel from the reactor during the Withdrawal of Interveners fmm NRC l games. liowever, the removal did not include

• • "8' evacuation of 250,000 curies of Cobalt-60 Gulf States Utilities Company (River Bend which were also present at the facility. The Station, Unit 1), LBP-96-5,43 NRC 135 facility's nuclear fuel was regulated by the (1996), provided a first impression analysis of NRC while the Cobalt-60 was regulated by an intervening electric cooperative's voluntary the State of Georgia. The intervenor wanted withdrawal from a hearing due to financial both removed. The board found that the NRC duress. The board allowed the cooperative to does not have dual or concurrent jurisdiction 13 NUREG-1363, Vol. 7 i

1 i

over materials that have become subject to though most of the documents upon which the Agreement State regulation, but it does have contention relied had been available for authority to override a State's nuclear several years. The board found good cause for regulatory authority when the State is not the untimeliness because, as a cumulative adequately protecting the health and safety. In matter, the separate pieces of the information this case, because no evidence was presented puzzle found in the earlier documents were showing inadequate protection, the board not efficiently in place to make the concerns refused to further consider the Cobalt-60 espoused in the contention reasonably contention. apparent until later information had become known.

Civil Penalties

'# "" U " '"*" "

In a civil penalty proceeding involving a medical center in New Jersey, a licensing In the Millstone proceeding, a regional public board determined that it could consider the interest group's attempt to amend its petition amount of penalties levied in other similar to intervene was three weeks out-of-time and NRC civil penalty actions in determining the failed to address the five lateness factors amount which could be levied against the required by the Commission's Rules of medical center. The medical center alleged Practice. Because the amendment was tardy, that the penalty assessed against it was far the board found that the organization had l

l greater than penalties assessed in similar failed to establish standing as a matter of right.

cases. The staff claimed that it may exercise However, to insure that the group's concerns individual discretion in each case, and that it is would be heard and to expedite the not obliged to justify differences in other Proceeding, the board granted discretionary cases. Although recognizing the staff's broad intervention and did not require that the discretionary authority, the board concluded lateness factors be addressed. The board

that comparing results in other cases may be found discretionary intervention to be merited l relcvant in determining whether staff has because the intervention would not broaden or abused its authority. The board noted that delay the proceeding and because the public differing circumstances in other cases may interest group was expected to assist in I sometimes explain seemingly disparate developing a sound record based on its penalties. Radiation Oncology Center At Previous involvement with Millstone safety Marlton, LBP-95-25,42 NRC 237 (1995). issues and fuel pool off-loading practices.

Northeast Nuclear Energy Co. (Millstone Submission of Contentions Out-of time Nuclear Power Plant, Unit 1, LBP-96-1,43

.. NRC 19 (1996).

To participate as a party in an NRC proceeding, an intervenor must submit at least Administrative Guidelines in Panel Hearings one acceptable contention for litigation.

Out-of-time contentions will not be accepted without meeting certain criteria, principal a. Television and Still Camera Coverage of Hearmgs among which is demonstrating good cause for being late. In Yankee Atomic Electric Company A Yankee Atomic licensing board furnished (Yankee Nuclear Power Station), LBP-96-15, detailed ground rules for the use of television 44 NRC 8 (1996), the board employed and still camera coverage at Panel hearings.

flexibility in administering the lateness criteria The board allowed an intervenor to videotape when it admitted a late contention even (for later use on cable television) a prehearing NUREG-1363, Vol. 7 14

conference held in the Panel's White Flint emphasized that an interpreter should never hearing room under the following conditions: omit or add anything to what is stated or (1) cameras had to remain stationary in a written. They also emphasized that an designated area of the room; and (2) no interpreter should be impartial and unbiased.

additional lighting was permitted. For hearings Juan Guzman, August 26,1996 Slip Opinion.

held in other facilities, such as federal or state courtrooms, the board stated that Commission StalTWitnesses at NRC IIearings precedent required that existing camera policies at those facilities should be followed, In the absence of exceptional circumstances, although boards could impose additional the Commission's Rules of Practice do not restrictions when appropriate. The board require the attendance and testimony of further ruled that because a direct feed was named staff personnel at NRC hearings. In available in the White Flint hearing room Georgia Institute of Technology (Georgia Tech from the room s audio system, no additional P.esearch Reactor), LBP-96-8,43 NRC 178 microphones were permitted outside of the (1996), the licensing board determined that area where the book-up for the audio system where an NRC employee has taken positions l was available. Yankee Atomic Electric Company at odds with those espoused by witnesses to be l (Yankee Nuclear Power Station), presented by staff, exceptional circumstances l

LBP-96-14,44 NRC 3 (1996). exist whereby testimony of that employee can i be compelled. On that basis, the board

b. The Use ofInterpreters at IIearings required the attendance and testimony of a l

In theluan Guzman proceeding, the board particular NRC staff inspector at the Georgia laid down specific guidelines for the conduct Tech proceeding whose attendance at the of interpreters at NRC hearings. To assure hearing was sought by the intervenor and complete and accurate records, the guidelines opposed by the staff.

l 15 NUREG-1363, Vol. 7

V. CASELOAD ANALYSIS I

A. The Fiscal Years 1995 and 1996 B. Types of Cases Dockets Tables 3 and 4 set out the types of cases that were on the Panel's Fiscal Years 1995 and During Fiscal Year 1995, as shown in Tables 1 1996 dockets. This caseload followed the l and 2, the Panel had 33 proceedings on its trend, begun in the late 1980s, of the Panel's l docket. Of these proceedings,8 involved docket primarily consisting of cases involving nuclear power plants and 25 involved oth r licensing actions for materials licensees, NRC Commission licensees. In Fiscal year 1996, staff enforcement actions, and license there were 29 proceedings,12 involving amendment actions invoMng reactor licensees.

nuclear power plants and 17 involving other Conunission licensees.

Table 3.1995 Panel Caseload l Types of Cases No. of Cases Fiscal Year 1995 Docket Recapitulation Enforcement 17 License Amendment 4 Status of Cases Date No. of Cases Materials Licenses 9 Pending 10/01/94 23 Remand 1 Docketed FY95 10 Other 2 Total FY95 33 Closed FY95 13 Pending 10/01/95 20 Table 4.1996 Panel Caseload Types of Cases No. of Cases Table 2. Decommissioning 1 l Fiscal Year 1996 Docket Recapitulation Enforcement 13 Status of Cases Date No. of Cases Licensing Amendment 5 Pending 10/01/95 20 Materials Licenseu 5 Docketed FY96 9 Remand 2 To'al FY96 29 Other 3 Closed FY96 16 Pending 10/01/96 13 The Fiscal Years 1995 and 1996 caseload differs significantly from the three previous decades Ten cases were docketed and 14 cases were which were dominated by construction permit closed in FY 1995. In FY 1996,9 new cases and operating license proceedings for licensing were docketed and 17 cases were closed. new reactors. The differences in cases between 17 NUREG-1363, Vol. 7

the two eras can be seen by comparing Figure Figures 2 and 3 representing the caseload mix 1, depicting the caseload mix for 1983, with for 1995 and 1996, respectively.

, a..cio,, tg .,-e Ooeservction perm.:/M .

1?S /:=.:m f .... ., Spac e

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o, , .

Ope'st e L. cense Figure 1. Fiscal Year 1983 Caseload Mix by Percent ee,og.,

h t l n..cro,t,ca

'ff///M#$h*e7 w#ME 3'a',f:

,es e -

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Figure 2. Fiscal Year 1995 Caseload Mix by Percent NUREG-1363, Vol. 7 18

e..

1 j h o. cog..-.

p _ rggg

• • • cw' b{ ""*** ,jf Y %Y Wy;qi ,,

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.g Figure 3. Fiscal Year 1996 Caseload Mix by I\:rcent l

l C. Projected Future Caseload licensing proceeding in FY 1999 for an AVLIS l

enrichment facility; a design certification The Government Performance and Results proceeding in FY 1999 for the Westinghouse Act of 1993 and related management legis- AP 600 reactor; and a licensing proceeding lation mandates detailed strategic planning beginning in FY 2000 for a MOX fuel ---

and accountability on the part of Federal production facility.

agencies. Pursuant to those requirements, the Licensing Panel conducts a detailed analysis of future workload for budget and human In addition, in FY 2001 the Panel will begin resource planning purposes. A very significant Preparing for the Yucca Mountain high level shift in the Panel's work is forecasted. waste proceeding scheduled to begin in 2002.

This proceeding is expected to be especially An infusion of new types of cases is expected controversial and large scale. Prior to site for Fiscal Years 1997 through 2001. These are licensing at Yucca Mountain in 2002, and projected to include: two attijte interim spent possibly as early as 1998, licensing boards will fuel storage cases (the th in FY 19J/ begin ruling on discovery disputes for the LSS .

involving the Goshute Indian Reservation in document loading. See discussion in Section Southern Utah and the second in FY 2000 II,B, supra. In 2001, the Panel also may begin involving a site near the Yucca Mountain receiving Department of Energy licensing and permanent repository); a series of reactor enforcement cases if the NRC receives, as

, license extension cases beginning in FY 1999 expected, regulatory oversight of Department and extending into the next several decades; a of Energy non-defense facilities. .

19 NUREG-1363, Vol. 7 4

Table 5 sets out the Panel's caseload mix for period given the complexity of most NRC Fiscal Years 1995 through 2001, respectively. cases. Significantly, none of these ASLBP As shown in this table enforcement cases, licensing proceedings delayed the construction materials licensing cases, and reactor license or operation of a licensee's facility.

amendment cases constituted approximately 83 percent of the docket in the nur-term Table 7 shows that, for cases closed during FY years of 1995 through 1997, but are projected 1991 through 1996,40 percent were on the to be reduced during the out-years of 1998 docket less than 6 months,27 percent for 6 to through 2001 to approximately 62 percent. 12 months, and 33 percent over one year. This high percent of early case closures reflects an D. Duration of Cases on the Docket expeditious resolution of legal and factual As reflected in Table 6, the average case issues by boards and presiding officers and, in duration for docketed cases closed in FY 1991 many instances, a successful influencing of the through FY 1996 was 9.6 months, a reasonable parties to settle.

TABLE 5. Fiscal Years 1995-2001 Caseload by Percent 1995 1996 1997 1998 1999 2000 2001 Enforcement 52 % 45 % 33 % 32 % 30 % 31 % 29 %

Reactor License Amendment 12 % 17 % 20 % 19 % 17 % 17 % 17 %

Materials Licensing 27 % 17 % 25 % 14 % 13 % 17 % 13 %

Remand 3% 7% 6% 7% 7% 7%

Retrievable Storage 4% 5% 4% 4% 4%

High Level Waste 9% 9% 9% 13 %

Plant Life Extension 9% 9% 8%

DOE Regulation 4%

Other 6% 14 % 12 % 14 % 18 % 6% 5%

l NUREG-1363, Vol. 7 20

Table 6. Average Months on Docket for Completed Cases Fiscal Year Total Cases Closed Each Year Average Months On Docket Per Closed Case 1991 271 8.1

! 1992 20 7.9 1993 92 7.6 1994 13 10.0 1995 8 10.8 1996 17 13.9 Summary: Average case duration for docketed cases in FY 1991 through FY 1996 = 9.6 months abcludes Carroll County CP pro eding held in abeyana at request of licensee for over ten years pending Apphcant's decssion to discontinue project.

7Exdudes Advanad Medicri systems proweding held in abeyana over three years at request of Ucensee.

3Exdudes safety Ught prouedings held in abeyance approximately one year to allow settlement negotiations at request of parties.

l Table 7. Duration Cases Closed in FY 1991-1996 were on Docket 1996 1995 1994 1993 1992 1991 Cases less than 6 months 1 7 4 7 16 10 Cases 6 to 12 months 4 6 2 1 7 -

7 Cases more than 12 months 9 6 4 5 5 5 Summary for Years 1991-1996 Closed cases less than 6 months old - 41 (40 percent)

Closed cases 6 to 12 months old - 27 (27 percent)

Closed cases more than 12 months old - 34 (33 percent) 21 NUREG-1363, Vol. 7

l VI. PERSONNEL AND SUPPORT A. Panel Members Commission appointment of administrative judges to the Panelis based upon the As of the end of Fiscal Year 1996, the Panel appointee's recognized experience, achieve-had available a total of 33 judges (12 full-time ment, and independence in his or her field of and 21 part-time). See Appendix A. By expertise. Once appointed, judges are astigned, academic discipline, they included 7 lawyers, as cases arise, to individual licensing boards 10 public health and environment scientists,7 where their professional expertise will assist in engineers,6 physicists, and 3 physicians. resolving the technical and legal matters likely Collectively, they held 51 post-baccalaureate to be raised during the proceeding.

degrees in engineering, scientific, or legal disciplines, and as a group they represented To ensure the Commission's workload is met, more than twelve centuries of experience in the Panel has initiated an active program to the nuclear field. See Appendix B. Several establish registers of persons qualified for part-time members are or have been heads of appointment to the Panel in the wide range of departments at major universities or national disciplines required. The Panel also provides laboratories. training for its judges in complex technical g.< gg;g

. ;; - . q: _

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; l;)$ _ * % )]

_ yp ~ . . fry Q ,

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i . . .

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Figure 4. Chief Judge Paul B. Cotter, Jr. presenting award to Panel Member Alene Comiez 23 NUREG-1363, Vol. 7

areas and in the rapidly changing legal areas (8) provides caseload analysis and input to the involved in nuclear law. Panel's budget process.

B. Professional and Support Stafi 2. Technical Support Support for the activities of the Panel, Historically, individual licensing boards individual licensing boards, and the Panel's obtained technical support from a Panel judges is structured along functional lines: reactor safety engineer or physicist and an (1) legal, (2) technical, and (3) administrative. environmental health scientist. However, The Chief Administrative Judge of the Panel those positions have been vacated and have manages and supervises these interrelated not been filled because of personnel ceiling support activities. limitations. Currently, the Panel uses Administrative Judges (Technical), when they

1. Legal Support ar available, to perform support functions.

Legal support and advice for the Panel and its 33 full- and part-time judges is provided by the 3. Administrative Support Panel's Legal Support Staff. The staff consists of the Panel's Chief Counsel, a Staff Senior Administrative support for the Panelis rendered by its Program Support and Analysis Attorney, and seasonal interns and law clerks Staff. This staff's main areas of responsibility who are added as required by the caseload.

include: (1) general office administration The Legal Support Staff: (1) provides legal senices; (2) secretarial services; (3) budget advice, research capabilities, supplemental assistance; (4) personnel related services; opinion drafting, editing services, and support (5) management of NRC court reporting at hearings to Panel judges; (2) supports the contracts; (6) management of professional Panel's Chief Administrative Judge with senice contracts for part-time judges; (7) labor assistance on a broad range of policy matters; relations coordination; (8) paralegal services; (3) provides legal training; (4) keeps the Chief (9) travel senices; (10) her. ring space and Administrative Judge and Panel members facilities management; (11) operation of the informed concerning important nuclear- Panel's legal and technical library; (12) hearing related activities and legal proceedings; room assistance; and (13) adjudicatory file and (5) provides legal advice pertaining to office docket management services. It also performs matters and Panel management activities; a wide range of data processing senices for (6) oversees the Panel's legal /technicallibrary; Panel cases and computer assistance to Panel (7) prepares Panel legal publications; and judges.

NUREG-1363, Vol. 7 24

VII. CONCLUSIONS l

l The Panel's docket during the last several interim and permanent high level waste years has consisted mainly of enforcement, repositories, and the proposed NRC regulation license amendment, and material licensing of Department of Energy facilities. Trese new cases. These types of cases reflect a maturing proceedings will ensure a continuing supply of of the nuclear industry and differ considerably complex questions for the Panel to resolve from earlier cras during the 1960s through the invoMng a novel mix of law and science.

late 1980.c when the Panel's caseload was dominat:d by construction permit and Given the economic, energy, and public health operating license proceedings. This profile will and safety costs imposed upon Commission change significantly 'accause, now looming on applicants, licensees, and the public at large in the horizon arc nw kinds of proceedings the event of unnecessary or avoidable delays in arising out of plant life extensions, the the nuclear licensing and enforcement process, decommissioning of materials facilities and the Panel will continue its endeavors to l older plants, the construction of novel nuclear improve procedures and make the hearing l fuel and production facilities (such as a process as efficient as possible. Efficiencies proposed new AVLIS enrichment facility, a are especially criticalin view of the MOX fuel plant for burning plutonium, and a large-scale, high profile cases projected over tritium production plant), the licensing of the next six years.

l l

l l

25 NUREG-1363, Vol. 7

l APPENDIX A ATOMIC SAFETY AND LICENSING BOARD PANEL Fiscal Years 1995-1996 I. PANEL MEMBERSI A. Officers B. PAUL COTTER, JR. FREDERICK J. SHON

. Chief Administrative Judge Deputy Chief Administrative Judge JAMES P. GLEASON (Technical)

Deputy Chief Administrative Judge (Executive)

B. Full-Time AdministrativeJudges JUDGE CHARLES BECHHOEFER JUDGE JERRY R. KLIhT Attorney Environmental Scientist JUDGE PETER B. BLOCH

. Attorney JUDGE PETER S. LAM Nuclear Engineer JUDGE G. PAUL BOLLWERKIII I

JUDGE THOMAS S. MOORE JUDGE RICHARD E COLE Attorney Environmental Scientist JUDGE CHARLES N. KELBER JUDGE THOMAS D. MURPHY Physicist Health Physicist C. Part-Time Administrative Judges JUDGE GEORGE C. ANDERSON JUDGE THOMAS S. ELLEMAN Marine Biologist Nuclear Engineer Seattle, Washington Raleigh, North Carolina JUDGE A. DIXON CALLIHAN JUDGE GEORGE A. FERGUSON Physicist Physicist Davidson, North Carolina Shady Side, Maryland JUDGE JAMES H. CARPENTER JUDGE HARRY FOREMAN Oceanographer Physician Sunset Beach, North Carolina St. Paul, Minnesota 8All ASLBP professional and administrative staff and full-time Panel members are based in Rockville, Maryland.

27 NUREG-1363, Vol. 7

C. Part-Time Administrative Judges (cont'd)

JUDGE RICHARD E FOSTER JUDGE MARSHALL E. MILLER Environmental Scientist Attorney Sun River, Oregon Daytona Beach, Florida JUDGE DAVID L. HETRICK JUDGE PETER A. MORRIS Physicist ,,

"" "'^ * "* Po a , Maryland JUDGE ERNEST E. HILL Nuclear Engineer JUDGE RICHARD R. PARIZEK Danville, California Geologist University Park, Pennsylvania JUDGE FRANK E HOOPER Marine Biologist Ann Arbor, Michigan JUDGE HARRY REIN Physician JUDGE ELIZABETH B. JOHNSON Longwood, Florida Nuclear Engineer Oak Ridge, Tennessee JUDGE LESTER S. RUBENSTEIN JUDGE JAMES C. LAMB, III Nuclear Engineer Sanitary Engineer Oro Valley, Arizona Charlottesville, Virginia JUDGE DAVID R. SCHINK JUDGE EMMETH A. LUEBKE Oceanographer Physicist College Station, Texas Chevy Chase, Maryland JUDGE KENNETH A. McCOLLOM JUDGE GEORGE E TIDEY Electrical Engineer Physician Stillwater, Oklahoma Houston, Texas II. PROFESSIONAL STAFF LEE S. DEWEY ROBERT R. PIERCE Chief Counsel Senior Attorney III. ADMINISTRATIVE OFFICERS JACK G. WHETSTINE Director Program Support and Analysis Staff NUREG-1363, Vol. 7 28

APPENDIX B BIOGRAPHICAL SKETCHES OF PANEL MEMBERS

. ANDERSON, GEORGE C. B.S., University of Assistant Director of the Office of Hearings British Columbia (1947); M.A., University of and Appeals, U.S. Department of Energy; British Columbia (1949); Ph.D., University of attorney- advisor, Office of Opinions and Washington (1954). Dr. Anderson, currently Review, FERC; Executive Director of the Professor Emeritus at the School of Commission on Law and the Economy of the Oceanography, University of Washington, has American Bar Association; Senior Research been a part-time member of the Panel since Associate and Project Manager, the Urban ,

1973. In addition to authoring over 40 Institute; and attorney-adviser, U.S. Securities publications in the fields of limnology and and Exchange Commission. Judge Bloch has oceanography, Dr. Anderson has held published several articles on the conduct and numerous teaching, research, and management of criminalinvestigations. I administrative positions during his career of over 40 years the University of Washington, ROLLWERK, G. PAUL, HL B.A., University of the Atomic Energy Commission and the Notre Dame (1975); J.D., Georgetown l National Science Foundation. He was Director University Law Center (1978). Judge Bollwerk of the Srhool of Oceanography at the has been a full-time legal member of the Panel Univer,ity of Washington for several years. since July 1991. Before being appointed to the Panel, Judge Bollwerk served as an RECHNOEFER, CHARLES. A.B., magna cum administrative judge on the Atomic Safety and laude, Harvard College (1955); LL.B., Harvard Licensing Appeal Panel, a senior attorney on Law School (1958). Judge Bechhoefer has been the staff of the NRC Office of the General a full-time legal member of the Panel since Counsel, a Special Assistant U.S. Attorney 1978. Before his appointment to the Panel, his with the Department of Justice, and an

, Federal service included positions as Counsel associate attorney in the law firm of Gardner, to the Atomic Safety and Licensing Appeal Carton & Douglas in Washington, D.C. After Board, attorney with the Office of the General graduating from law school, he clerked for a Counsel of the Atomic Energy Commission, Federal district court judge and a State and attorney- adviser in the Office of the supreme court judge.

General Counsel, U.S. Housing and Home

[ Finance Agency. He is a former editor of the CALLIHAN, A. DIYON. A.B., Marshall i l Administrative Judiciary News and Joumal and University (1928); M.A., Duke University ,

i  !

a past member of the Executive Committee of (1931); Ph.D., New York University (1933);

the National Conference of Administrative D.Sc. (Hon.), Marshall University (1961). l 6

Law Judges. He has also held several Dr. Callihan has been a part-time member of l leadership positions within the Section of the Panel since 1963. In his 60-year career, he Administrative Law of the American Bar has held positions as a physicist with the  ;

Association. Union Carbide Corporation and Columbia 1 University, and as assistant professor at the  ;

RLOCH, PETER B. B.S., 'Ihfts University College of the City of New York. Dr. Callihan l (1962); LLB, Harvard Law School (1965); is currently the chairman or member of several l LLM., Harvard Law School (1%7). Judge committees concerning nuclear reactor

- Bloch has been a full-time member of the operations for the United States Army and the i Panel since 1981. His prior positions include:

American Nuclear Society. In 1988, he l l

29- NUREG-1363, Vol. 7 l l

L._______________

received the American National Standards Administrative Judge November 1980.

Institute's Meritorious Service Award. Previously served as a member and then Chief Administrative Judge of the Department of CARPENTER, JAMES H. B.A., University of Housing and Urban Development Board of Virginia (1949); M.A., Johns Hopkins Contract Appeals, a trial attorney with the University (195i); Ph.D., Johns Hopkins U.S. Department of Transportation, and in University (1957). Dr. Carpenter has been a private practice for 6 years. He is on the member of the Panel since 1581. In addition to faculty of the National Judicial College, is a numerous publications in the fields of marine member of the American Law Institute, and is science and environmental chemistry and a recognized leader in the use of computers in research activities for the Chesapeake Bay managing complex cases. He has also served Institute, Dr. Carpenter has held teaching and as a trustee of the American Inns of Court administrative positions with Johns Hopkins Foundation; Chair of the Board of Directors of University and the University of Miami (Coral the Supreme Court Opinion Network; Vice Gables). During his 36- year career, Chair of the Judiciary Leadership Development Dr. Carpenter has been on the editorial Council; Founder of the Worldwide Common boards of several national journals, held senior Law Judiciary Conference, and has held positions in several professional associations, several leadership positions with the American and chaired or participated in numerous and Federal Bar Associations. He has written professional committees on emrironmental extensively in the field of administrative law issues, particularly the marine emironment. and legal technology.

Dr. Carpenter was a member of the committee ELLEMAN, THOMAS S. B.S., Denison that issued the BEIR I report (Committee ou . .

Um.versity (1953); Ph.D., Iowa State Um.versity the Biological Effects of Ionizing Radiation).

(1957). Dr. Elleman was appointed to the an as a p rt4me member in M. Om the COLE, RICHARD E B.S.C.E., Drexel course oms Wear career, Dr. Elleman has University (1959); M.S.S.E., Massachusetts ,

c nducted research m private mdustry, Institute of Technology (1961); Ph.D., including Carolina Power & Light Co. and University of North Carolina (1968). Dr. Cole General Atomics, and at North Carolina State has been a full-time member of the Panel ,

Umversity where he is currently a professor of since 1973. In addition to publishing nuclear engineering, a department he headed numerous articles on water, wastewater fr m 1974 to 1979. He has published more

treatment, and international training of than 60 articles in the field of nuclear environmental engineering, Dr. Cole has held chemistry. Dr. Elleman is also an American teaching, administrative, and engineering Board of Health Physics Board Certified positions in the United States and Guatemala ,

Health Physicist.

with the University of North Carolina, Pennsylvania State University, and the State of FERGUSON, GEORGEA. B.S., Howard Pennsylvania. He has held severalleadership University (1947); M.S., Howard University positions and committee assignments with (1948); Ph.D., Catholic University (1965). Dr.

numerous professional associations, and is a Ferguson has been a part-time member of the Diplomate of the American Academy of Panel since 1972. During his 46-year career, he Erwironmental Engineers. has held teaching, administrative, and research positions with Howard University, the U.S.

COTTER, B. PAUL, JR. A.B., Princeton Naval Research Laboratory, the University of

! University (1959); J.D., Georgetown Pennsylvania, and Clark College (where he University (1968). Appointed Chief was Chairman of the Physics Department).

l NUREG-1363, Vol. 7 30

Dr. Ferguson is a member of the American at the county, State, and Federal level; taught Physical Society and several teaching at the University of Maryland and Harvard associations. University; maintained a private law and consultant practice; and served as an aide to FOREAL4N, HARRY. B.S., Antioch College two U.S. Senators.

(1938); Ph.D., Ohio State University (1942);

HETRICK, DA VID L. B.S., Rensselaer M.D., University of California (1947).

Polytechnic Institute (1947); M.S., Rensselaer Dr. Foreman has been a part-time member of Polytechmc Institute (1950); Ph.D., U,niversity the Panel since 1971. Dr. Foreman's career f California, Los Angeles (1954). Dr. Hetrick spans 52 years in three professional fields. In became a part-time Panel member m 1972.

addition to publishing numerous professional During his career as a physicist, Dr. Hetrick papers in the biological and chemical fields, has worked as a private consultant to General Dr. Foreman has held teaching, administrative, Atomics, Hughes Research Laboratories, the and research positions with the University of Minnesota and the University of California, Marquardt Corporation, and Brookhaven National Laboratory. He has taught physics at the latter involving work in the area of , ,

California State University at Northridge, the radiation and biomedical research at Los University of Bologna in Italy, Rensselaer Alamos. >

Polytechnic Institute, and at the University of-Arizona. Dr. Hetrick has also worked on FOSTER, RICHARD E B.S., University of nuclear projects at the United Kingdom Washington (1938); Ph.D., University of Atomic Energy Agency in Aldermaston, Washington (1948). Dr. Foster has been a England, the International Atomic Energy part-time member of the Panel since 1981.

Agency m, Cuernavaca, Mexico, and at the Los Dr. Foster is the author of numerous Alamos National Laboratory.

professional papers on the discharge of heat and radionuclides into water pathways, and HILL, ERNESTE. B.S., University of has headed or participated on several panels California, Berkeley (1943); M.S., University and committees on radiation and the of California, Berkeley (1959). Judge Hill has environment for, among others, the U.S. been a part-time member of the Panel since Public Health Service, the National Academy 1972. Currently the president of Hill of Sciences, the International Atomic Energy Associates, a nuclear engineering consulting Agency, and the NRC Advisory Committee on company, Judge Hill has held numerous Reactor Safeguards. During his 52-year career, nuclear engineering and management Dr. Foster has also held research and positions in the private sector, with the Atomic management positions with the State of Energy Commission, and at the Lawrence Washington, the University of Washington, and Livermore National Laboratory.

numerous laboratories and companies at the Hanford, Washington facility. HOOPER, FRANKE B.A., University of California (1939); Ph.D., University of GLEASON, JAMES P. B.S.S., Georgetown Minnesota (1948). Dr. Hooper has been a University (1948); LLB., Georgetown part-time member of the Panel since 1973.

University (1950). Judge Gleason has been a Currently a Professor Emeritus at the part-time member of the Panel since 1980 and University of Michigan, Dr. Hooper has held

. held a similar appointment from 1967-1970. teaching anc administrative positions at the In 1992, he became a full-time Panel member. University et Michigan, the Institute for During his 43-year career, Judge Gleason has Fisheries Research, and the University of held numerous elective and appointive offices Minnesota. In 1962-63 and again in 1966, 31 NUREG-1363, Vol. 7

Dr. Hooper was an aquatic ecologist with the Nuclear Center, the Argonne National Atomic Energy Commission. From 1979 to Laboratory, the Atomic Energy Commission, 1988, he was chairman of the Ecology, and the NRC. He is the author of numerous Fisheries and Wildlife Program in the School scientific papers and reports in the fields of of Natural Resources at the University of radioecology and soil science.

Michigan.

IAAf, PETER S. B.S., Oregon State University JOHNSON, ELIZABETH B. B.S., Western (1967); M.S., Stanford University (1968); _

Ph.D., Stanford University (1971). Dr. Lam Kentucky University (1943); M.S., Vanderbilt w s appointed to the Panel as a full-time judge University (1952). Judge Johnson has been a ,

in 1990. He joined the Nuclear Regulatory part-time member of the Panel since 1975.

Commission as a reactor systems engineer in Currently on the staff of the Instrumentation

& Controls Division of the Oak Ridge 1983 and became Chief of the Reactor Systems Section of the NRC Office for National Laboratory, Judge Johnson has held Analysis and Evaluation of Operational Data, physicist and engineer positions on various ,

in 1986. Before coming to the Comnussion, Union Carbide Corporation nuclear projects Dr. Lam held various positions with General at Oak Ridge and elsewhere, and was a research assistant with the Manhattan Project. Electric and the Argonne National Laboratory. He has taught engineering courses During her 50-year career, Judge Johnson ,

at San Jose State Umversity and George published numerous Atomic Energy Washington Um,versity.

Commission and other professional papers, principally concerned with reactor IAMB, JAMES C., HI. B.S.C.E., Virginia experiments and nuclear criticality. Militaly Institute (1947); M.S., Massachusetts Institute of Technology (1952); Sc.D.,

KELBER, CHARLES N. B.A., University of Massachusetts Institute of Technology (1953).

Minnesota (1947); Ph.D. University of Dr. Lamb has been a part-time member of the Minnesota (1951). Before joining the Panel as Panel since 1974. Currently a distinguished a full-time member in 1990, Dr. Kelber was visiting professor of civil engineering at the Panel's Senior Technical Advisor from George Washington University and professor 1988 to 1990. He also served in various senior of sanitaly engineering at the University of technical positions in the Division of Nuclear North Carolin'a, Dr. Lamb has also held Regulatory Research at the Atomic Energy teaching, engineering, management, and Commission and at the NRC. Before joining research positions in private industry, at the Commission in 1973, Dr. Kelber was a Newark College of Engineering, University of senior scientist at Argonne National North Carolina, and Massachusetts Institute of Laboratory for 18 years. He is a Fellow of the Technology.

American Nuclear Society and the American Physical Society. LUEBKE, EMMETHA. B.A., Ripon College (1936); Ph.D., University of Illinois (1941).

KLINE, JERRYR. B.S., University of Dr. Luebke became a part-time member of Minnesota (1957); M.S., University of the Panelin 1987 following 15 years of service Minnesota (1960); Ph.D., University of as a full-time member. A Fellow of the Minnesota (1964). Dr. Kline has been a American Nuclear Society and recipient of a full-time member of the Panel since 1980. Presidential Certificate of Merit for Before he was appointed to the Panel, Microwave Radar Research, Dr. Luebke spent Dr. Kline held various research and 27 years in private industry involved in the management positions with the Puerto Rico design, testing, and operation of nuclear power NUREG-1363, Vol. 7 32 l

plants for submarines. Before that, he taught Sixth Circuit before joining the Nuclear at the University of Illinois and was a research Regulatory Commission in 1980.

eader a massachusetts Institute of Af0RRIS, PETER A. B.A., Swarthmore College (1943); Ph.D., University of Virginia McCOLLOAf, KENNETH A. B.S., Oklahoma (1951). Dr. Morris served as a full-time admmistrative judge with the Panel from 1981 State University (1948); M.S., University of to 1987. He was appointen as a part-time Illinois (1949); Ph.D., Iowa State University judge m, 1991. Before serving on the Panel, (1964). Dr. McCollom has been a part-time Judge Morris worked as Operational Physics member of the Panel since 1972. He is Supervisor with E.L duPont de Nemours and currently Dean and Professor Emeritus of the Co. from 1951 to 1957, and served the Nuclear College of Engineering, Architecture and Regulatory Commission as Director, Office of Technology, Oklahoma State Um,versity. Operations, and Director, Division of Reactor Durmg his 44-yen career, he has held Licensing.

teaching, researdi, and admmistrative positions with Oklahoma State University, MURPJE THOAfAS D. B.S., Union College i

Iowa State University, and the Atomic Energy (1956); M.S., University of Rochester (1957);

Division of Phillips Petroleum Company. In M.S., Rensselaer Polytechnic Institute (1972).

addition, he has held numerous leadership Prior to his appointment as a full-time positions with several professional associations member of the Panelin 1992, Judge Murphy and the Oklahoma Board of Registration for held various management positions with the Engineers and Land Surveyors. Department of the Navy, the private sector, and on the Nuclear Regulatory Commission MILLER, MARSHALL E. A.B. with honors, staff. He is a member of the Health Physics University of Illinois (1935); LL.B., University Society, the American Nuclear Society, and is of Illinois (1937). Judge Miller was a full-time certified by the American Board of Health member of the Panel (1974-1985) and has Physics.

been a part-time member since 1985. Judg PARIZEK, RICHARD R. B.A., University of Miller was an Admmistrative Law Judge for Connecticut (1956); M.S., University of Illinois the U.S. Department of Labor for 11 years (1960); Ph.D., University of Illinois (1961).

and previously a partner for 15 years m the Dr. Parizek was appointed as a part-time Washington, D.C., law firm of Danzansky &

, administrative judge in 1990. He has been a Dickey. He is the author of several books on professor in the Geology Department at legal practim.

Pennsylvania State University since 1961 and is president of his own consulting firm.

MOORE, THOMAS S. B.A., Miami University Dr. Parizek holds several positions m (Ohio) (1968); LD., Ohio State University (1972). Judge Moore was appointed to the Professional associations and has authored or ASLBP in 1991 after a distinguished 10-year c -apored mom dan 120 sden@c and techmcal papers.

career as an administrative judge on the Commission's Atomic Safety and Licensing REIN, HARRY B.S., New York University Appeal Board. Judge Moore was in private (1953); M.D., State University of New York practice in the firm of Volpe, Boskey and (1957); J.D., University of Florida (1982).

Lyons, worked in the Civil Division of the Dr. Rein was appointed to the Panel as a l Department of Justice, served as part-time administrative judge in 1990. Dr.

l administrative assistant to the Governor of Rein i: an active trial lawyer and has 23 years Ohio, and clerked for Judge Miller on the of active clinical medical experience.

l 33 NUREG-1363, Vol. 7

Currently, Dr. Rein's trial work is limited to on marine geochemistry, silicon, radium, medically related cases. Dr. Rein has radon, and early digenesis. Dr. Schink has also published several medical papers and texts, held teaching and research positions at the including two on medical malpract ice. He has Palo Alto Laboratory, Teledyne Isotopes, the also conducted seminars and courses for University of Rhode Island, Scripps Institute lawyers across the United States pertaining to of Oceanography, and Stanford University. In the discovery and trial processes related to addition, Dr. Schink has served on several i

cases involving medical questions. advisory panels for the National Science Foundation and the United Nations.

RUBENSTEIN, LESTER S. B.S., University of Arizona (1953); hi.S., Carnegie Institute of SIION, FREDERICKf. B.S., Columbia Technology (1962). Judge Rubenstein was University. Judge Shon has been a full-time appointed to the Panel as a part-time member member of the Panel since 1972 and currently in 1990. Before joining the Panel, he served in serves as its Deputy Chief Administrative various leadership capacities with the Nuclear Judge (Technical). Before his appointment to Regulatory Commission, including Assistant the Panel, Judge Shon held management Director for Region IV Reactors, NRR; positions with the Atomic Energy Commission, Director, Systems Di ision and Standardization, and worked as a physicist with the Lawrence NRR; and Assistant Director, Division of Radiation Laboratory and several corporations Systems Integration, NRR. Before joining the within the nuclear industry. Judge Shon has Atomic Energy Commission in 1967, he also served as a consultant on reactor safety to worked for the National Aeronautics and the Spanish and Danish Atomic Energy Space Administration as a researcher and for Commissions, and taught nuclear engineering the TRW and Westinghouse corporations. at the University of California et Berkeley.

Judge Rubenstein has written several articles TIDE},' GEORGE FRANCIS. B.A., University and papers and lectured on the policies and licensing procedures of the Nuclear of Virginia (1980); hi.D., University of Virginia (1984). Dr. Tidey was appointed to Regulatory Commission.

the Panel as a part-time member in 1990. He SCIIINK, DAVID R. B.A., Pomona College is currently an assistant professor in obstetrics (1952); hi.S., University of California, Los and gynecology at the University of Texas Angeles (1953); M.S., Stanford University hiedical School. He taught in the same field at (1958); Ph.D., University of California, San George Washington University and is engaged Diego (1962). Dr. Schink has been a part-time in a private practice in these areas. Dr. Tidey member of the Panel since 1974. Currently a has co authored several articles on female professor of oceanograpbv and formerly the fertiFty. He is a member of the American Associate Dean of the College of Geosciences College of Obstetrics and Gynecology, the at Texas A&M University, Dr. Schink has American hrtility Society, and the American written monographs and professional papers Medical Association.

NUREG-1363, Vol. 7 34

l APPENDIX C SELECTED ISSUANCES OF THE ATOMIC SAFETY AND LICENSING BOARDS October 1,1994 to September 30,1996 ADVANCED MEDICAL SYSTEMS, INC. LBP-96-9,43 NRC 211 (Cleveland, Ohio) (May 10,1996)

LBP-95-3,41 NRC 195 LBP-96-11,43 NRC 279 (March 13,1995) (June 11,1996)

BABCOCK AND WILCOX COMPANY EMERICK S. MCDANIEL (Denial of ,

Application for Reactor Operator License)

(Pennsylvania Nuclear Services Operations)

LBP-96-13,44 NRC 1 LBP-95-1,41 NRC 1 (July 12,1996)

(January 3,1995)

LBP-96-17,44 NRC 79 CAMEO DIAGNOSTIC CENTRE, INC. (September 3,1996)

LBP-94-34,40 NRC 169 ENERGY FUELS NUCLEAR, INC. .

(November 1,1994) LBP-94-33,40 NRC 151

( ' ##' ' }

CLEVELAND ELECTRIC l

ILLUMINATING COMPANY, et al. LBP-95-20,42 NRC 197 LBP-95-17,42 NRC 137 (October 4,1995) GEORGIA INSTITUTE OF TECHNOLOGY (Georgia Tech Research Reactor, Atlanta, DANIEL J. McCOOL (Prohibiting Georgia)

Involvement With NRC Licensed Activities) LBP-95-6,41 NRC 281 LBP-95-11,41 hPC 475 (April 26,1995)

(June 23,1995) LBP-95-14,42 NRC 5 DR. JAMES E. BAUER (Prohibiting (July 31,1995) ,

Involvement With NRC LBP-95-23,42 NRC 215 Licensed Activities) (November 22,1995)

LBP-94-40,40 NRC 323 LBP-95-19,42 NRC 191 (December 9,1994) (November 1,1995)

LBP-95-7,41 NRC 323 LBP-96-8,43 NRC 178 (April 30, (May 31,1995) 1996)

LBP-96-10,43 NRC 231 (May 16, LBP-95-21,42 NRC 200 1996)

(November 13,1995)

GEORGIA POWER COMPANY, et al EASTERN TESTING AND INSPECTION, (Vogtle Electric Generating Plant, Units 1 and INC. 2) 35 NUREG-1363, Vol. 7 .

LBP-94-37,40 NRC 288 LBP-95-4,41 NRC 203 (November 8,1994) (March 27,1995)

LBP-95-15,42 NRC 51 LOUISIANA ENERGY SERVICES, L.P.

(August 3,1995) (Claiborne Enrichment Center)

LBP-96-16,44 NRC 59 LBP-94-38,40 hPC 309 (August 19,1996) (November 18,1994)

LBP-96-7,43 NRC 142 GULF STATES UTILITIES COMPANY, et (April 26,1996) al. (River Bend Station, Unit 1)

NORTHEAST NUCLEAR ENERGY B 95- 0, 1 NRC 460 COMPANY (Millstone Nuclear Power Station, Unit 1)

LBP-96-5,43 NRC 135 LBP-96-1,43 NRC 19 (March 29,1996) (February 7,1996)

HARTSELL D. PHILLIPS, JR. (West LBP-96-6,43 NRC 140 Virginia) (April 15,1996)

LBP-95-16,42 NRC 99 ONCOLOGY SERVICES CORPORATION (September 19,1995)

LBP-96-3,43 hTC 93 HYDRO RESOURCES, INC. (12750 Merit (March 28,1996)

Drive, Suite 1210 LB12, Dallas, Texas 75251)

PACIFIC GAS AND ELECTRIC COMPANY LBP-95-2,41 NRC 38 (Diablo Canyon Nuclear Power Plant, Units 1 (January 9,1995) and 2)

LBP-94-35,40 NRC 180 INDIANA REGIONAL CANCER CENTER (November 4,1994)

LBP-94-36,40 NRC 283 RADIATION ONCOLOGY CENTER AT (November 4,1994) MARLTON (Marlton, New Jersey)

INNOVATIVE WEAPONRY, INC. LBP-95-25,42 NRC 237 (Albuquerque, New Mexico) (December 20,1995)

LBP-95-8,41 NRC 409 LBP-96-4,43 NRC 101 (June 1,1995) (March 28,1996)

KELLI J. HINDS (Prohibiting Involvement SAFETY LIGHT CORPORATION, et al.

With NRC Licensed Activities) (Bloomsburg Site Decontamination, Decommissioning, License Renewal Denials, LBP-94-32,40 NRC 147 and Tre.nsfer of Assets)

(October 3,1994)

LBP-94-41,40 NRC 340 KENNETH G. PIERCE (Shorewood, Illinois) (December 28,1994)

NUREG-1363, Vol. 7 36

LBP-95-9,41 NRC 412 LBP-95-24,42 NRC 235 (June 8,1995) (December 18,1995)

~'

SEQUOYAH FUELS CORPORATION WESTERN INDUSTRIAL X-i INSPECTION COMPANY, INC. and LBP-94-39,40 NRC 314 LARRY D. WICKS (November 22,1994) l l

LBP-95-22,42 NRC 205 l LBP-96-12,43 NRC 290 (November 16,1995)

I "" ' ) YANKEE ATCMIC ELECTRIC COMPANY SEQUOYAH FUELS CORPORATION and (Yanke Nudear Power Station)

GENERAL ATOMICS (Gore, Oklahoma LBP-96-2,43 NRC 61 Site) (March 1,1996)

LBP-95-5,41 NRC 253 LBP-96-14,44 NRC 3 l (April 18,1995) (July 12,1996)

LBP-95-12,41 NRC 478 LBP-96-15,44 NRC 8 (June 30,1995) (July 31,1996)

LBP-95-18,42 NRC 150 LBP-96-18,44 NRC 86 (October 26,1995) (September 27,1996) l l

l 37 NUREG-1363, Vol. 7

APPENDIX D MAJOR FEDERAL STATUTES AND REGULATIONS APPLICABLE TO ASLBP ADJUDICATIONS I. FEDERAL STATUTES Part 19, Notices, Instructions, and Reports to Workers; Inspections

1. The Atomic Energy Act 071954, as Part 20, Standards for Protection Agair.st

~

amended,42 U.S C. ff 2011 et seq., Peb.L. Radiation 83-703,68 STAT. 919.

Part 21, Reporting of Defects and

2. The Energy Reorganizatioil Act of 1974, Noncompliance as amended,42 U.S.C. Ef 201-401, Pub.L 93-438,88 STAT.1233. Part 30, Rules of General Applicability to Domestic Licensing of Byproduct

3. Uranium Mill Tailings Radiation Control Material Act of 1978, as amended,42 U.S.C. f f 7901 et seq., Pub.L.95-604,92 STAT. Part 32, Specific Domestic License.; to 3021. Manufacture or Transfer Certain Items Containing Byproduct

4. Administrative Procedure Act,5 U.S.C. ff Material 551 -559.

Part 33. Specific Domestic Licenses of l 5. Transportadon Safety Act of 1974,49 Broad Scope for Byproduct Material U.S.C. f f 1801 et seq., Pub.L.93-633, 88 STAT. 2156. Part 34, Licenses for Rr.diography and Radiation Safety Requirements for

6. National Environmental Policy Act of Radiographic Operations 1969, as amende.d, Pub.L 91-190,83 STAT. 852. Part 35, Medical Use of Byproduct Material

7. Clean Air Act Amendments of 1977, Pub.L 95-95,91 STAT. 685. Part 39, Licenses and Radiation Safety Requirements for Well Logging

8. Nuclear Waste Policy Act of 1982,42 U.S.C. f f 10101 et seq., Pub.L.97-425, 96 Part 40, Domestic Licensing of Source STAT. 2201. Material Part 50, Domestic Licensing of l

II. REGULATIONS Production and Utilization Facilities Title 10, Code of Federal Regulations (26 Part 51, Environmental Protection Parts): Regulations for Domestic Licensing Part 0, Conduct of Employees Part 53, Criteria and Procedures for Part 2, Rules of Practice for Domestic Determining Adequacy of Available Licensing Proceedings Spent Nuclear Fuel Storage Capacity 39 NUREG-1363, Vol. 7

i Part 55, Operators' Licenses Part 72, Licensing Requirements for the Storage of Spent Fuelin an

. Part 60, Dispesal of High-Level Independent Spent Fuel Storage Radioactive Wastes Geologic Installation (ISFSI)

Repositories art 3, Material Control and Accounting Part 61, Licensing Requirements for Land ,

f SPecialNuclear Materials Disposal of Radioactive Waste Part 70, Domestic Licensing of Special Part 100, Reactor Site Criteria Nuclear Material Part 140, Financial Protection Part 71, Packaging and Transportation of Requirements and Indemnity Radioactive Material Agreements NUREG-1363, Vol. 7 40

NRC FORM S35 U.s. NUCLEAR REGULATORY Commission 1. REPORT NLMBER 048) (Aedened by MRc Add vol., supp., Rev., ,

EE BIBLIOGRAPHIC DATA SHEET *""*"'""""""*'"*"'i l

""""""*"""> NUREG-1363

2. TITLE AND SUBTrrLE yol,7 Atomic Safety and Ucensing Board Biennial Report

3. DATE REPORT PUBUSHED Fiscal Years 1995-1996 MONm YEAR l

June 1998

4. FIN OR GRAhT Nt.aSER

5. AUTHOR (S) 6. TYPE OF REPORT Biennial 7.PERauO COVERED (medusa Desr-)

8. PERTORMING ORGANIZATION . NAAE AND AliDRESS (FNRC, PUvde DyWq Ofhce a Negson. U.S NucAsef Aepudskyy Commuset, arNImadng SM #COntuckr powde nome war meene adenesJ

.tomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

9. SPONSORING ORGANIZATION . NAME AND ADDREJS (FNRC, hpe %eme as above" #omteckr, powde NRC Dvem CWce a Asem & S Nuedser Ampudskry comerssm and memne adenes)

S:me as 8. above

10. SUPPLEMENTARY NOTES I

11. ABSTRACT 000 words a mea)

The Panel handled 33 cases in fiscal Year 1995 and 29 cases in fiscal Year 1996. This report summarizes, highlights, and enatyres how the wide-railging issues raised in these cases were addressed by the Panei's licensing boards and presiding officers during this period. This report also describes the Paners other responsibilities, addre:ses the status of Panel activities, and reports on present and projected future caseloads.

l t

12. KEY WORDS/DESCRIPTORS (Let words a persees est we sasast troereners a kceang te maart) 11 AvALA8rJrYSTATEMENT ASLBP Biennial Report unlimited FiscalYears 1095-1996 14 secumnvca.AssacArioN Five-Year Projections (rne %)

Contentions Filed unclassified (The Aspeo unclassified

15. NUWlER OF PAGES

16. PRICE NRC FORM 338 pas)

Printed on recycled paper Federal Recycling Program

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S 6 E 5 SS E

T 0

2 SU E

A NT TyD S

C SA UN BR D N LP A

E R TgO I

I T CO I

FF N G F UgM O TY L

H A N

S E A P W

I