ML20010G111

Requests That ASLB Direct DOE to Inform Parties of DOE View of Current Status of Proceeding & Steps DOE Will Take to Reopen Licensing Hearings,To Serve All Communications W/ NRC on All Parties & to Provide Advance Notice of Meetings

ML20010G111
Person / Time
Site:	Clinch River
Issue date:	09/04/1981
From:	Finamore B, Weiss E AFFILIATION NOT ASSIGNED, FINAMORE, B.A., HARMON & WEISS, National Resources Defense Council
To:	Hand C, Linenberger G, Mark Miller Atomic Safety and Licensing Board Panel
References
NUDOCS 8109150336
Download: ML20010G111 (3)

Text

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Natural Resources Defense Council,Inc.

1725 I STREET, N.W.

SUITE 600 WASHINGTON, D.C. 20006 202 223-8210 New Yo,k O@ce n'estern O@ce 3 22 E AST 42ND STREET e5 KEARNY STREET H EW YO R K, N.Y.1016 8 SAN FRANCISCO, CALIF. g4108 2:2 949-c o49

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September 4, 1981 E Q ,Q@48 p'C N

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%% t-2 L %0 2 Marshall Miller, Esq., Chairman Atomic Safety & Licensing Board 0)

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U.S. Nuclear Regulatory Commission -

Washington, D.C. 20555

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'b Mr. Gustave I.. Linenberger // DOCKEFED Atomic Safety & Licensing Board USn.c:c -

U.S. Nuclear Regulatory Commission g: SEP 8 1981 * :4 .

Washington, D.C. 20555 -

D'Ittth L p Dr. Cadet H. Hand , Jr. , Director 'D D 2 O'/

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P.O. Box 247 Bodega Bay, California 94923 RE: Project Management Corp. et. al. (Clinch River Breeder Reactor Plant), Docket No. 50-537 Gentlemen: -

On August 13, 1981, W. Kenneth Davis, Deputy Secretary of the United States Department of Energy (" DOE") sent the enclosed letter to the. Chairman of the NRC. The letter, which seeks to " accelerate" site preparation for the CRBR by "re-establish [ing]-interaction" between the NRC and the DOE project staff, was not served on the parties to the CRBR proceeding. This is despite the fact that one month ago, the Natural Resources Defense Council requested to be kept informed of all meetings and correspondence between DOE and NRC concerning efforts to revive the CRBR licensing process and was assured by the NRC Project Manager that we would be.

The NRC rules, 10 CFR S 2.780, prohibit ex parte communi-cations between parties to ongoing proceedings and the NRC 03 Commissioners including " evidence, explanation, analysis or advice, written or oral, regarding any substantive matter at issue" in a pending licensing proceeding. In practice, all f[j 8109150336 810904

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. communication between parties and the Commissioners are served on all other parties. In addition, all parties are routinely given notice of and the opportunity to attend meetings between the NRC staff and other parties when infor-mation related to the issues in a case is exchanged.

In this case, the question of when and under what circumstances the CRBR license proceeding is to be revived is of crucial importance to all of the parties. This goes beyond a mere scheduling issue and rises to the level of substance since the decision to suspend the CRBR licensing proceeding was a policy decision made at the highest levels of the previous administration'.

4 Now, according to Mr. Davis, the CRBR "is a vital element in fulfilling the Department of Energy's nuclear mission,"

with " extremely high priority." If so, the parties to this proceeding are entitled to know precisely what DOE's plans are with regard to the proceeding, particularly how the Depart-ment intends to " accelerate" the commencement of site prepara-tion under the present circumstances.

We also question Deputy Secretary Davis's assertion that Congress has confirmed and endorsed the " extremely high priority" which the administration now places on the CRBR.

In fact, the pertinent House Committee with jurisdiction over the project voted for the first time to deauthorize funds for the continuation of the CRBR. It was only in the confusion of the final overall budget reconciliation process that the CRBR managed to secure continued funding. A vote on the House floor to deauthorize the CRBR gained the support of 7.Q Republicans and lost by an extremely narrow margin of 20 votes. That hardly qualifies as clear Congressional endorsement.

In addition, we note that Deputy Secretary Davis offers to loan expert personnel to NRC in order to enable NRC to l form a knowledgeable, experienced staff for the CRBR license l proceeding. It would obviously be improper for NRC to use l

personnel loaned from DOE to review the CRBR application since DOE is one of the applicants for the license.

Mr. Davis also offers to " provide extensive briefings .

! for NRC staff." We have no objection to such briefings, in fact, we encourage them so long as all parties are given reasonable notice and the opportunity to attend, as NRC practice j routinely provides.

i l In conclusion, NRDC believes that Deputy Secretary l Davis's letter indicates the formal beginning of DOE's efforts j to -revive this proceeding. The Licensing Board and the parties

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are entitled to notice of DOE's intentions in this regard at the earliest possible time.

Therefore, NRDC requests that the Board direct DOE to 1) inform the parties of its view of the current status of this proceeding and the steps which it intends to take to re-open the licensing case including the schedule for those steps; 2) serve all future communications

3) with the NRC on the parties to the proceedings; provide reasonable ings to the parties. advance notice of any planning brief-Very truly yours, Ellyn R. Weiss Counsel for Natural Resources ~~

Defense Council, Inc.

Harmon and Weiss '

1725 I Street, N.W., Suite 506 W 'ngton, D.C. 20006

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fa%, wh - -- Y M';<kw Barbara A. Finamore Counsel for Natural Rescuces Defense Council, Inc.

Enclosure cc: Each Commissioner CRBR service list -

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Dr. J. N. Palladino .

" N, U.S. Nucicar P.egulatory Comission @Y Yb\ x j!/

Washington, D.C. 20555 WII

Dear Dr. Palladino:

The Clinch River Breeder

• Reactor Plant (CRBRP) project is a key step. in the development of the Liquid Metal Fast Breeder Reactor (LMFBR) and is.-a vital

- elemant in fulfilling the Department of Energy's nuclear mission. Tne extremely high priority attached to this project by the Administration was

. , recently confirmed and endorsed by the Congress in the Omnibus Reconciliation Act. Congress has stated its intent that the CRBRP should be constructed in a timely and expeditious manner as set forth in the existing _ project arrange-mentMIn-light of-this clear mandat's to proceeo,1 ar foTusiTg'on What-is ---

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{needed to accelerate the first major project milestone, namely commencing

( site preparation.

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An essentia jitep'in~ proceeding ~Rith CRBRP-.-i(to reestablish interaction between' the Project Office and the NP.C staff o'n' the review of project safetv ~

! documentatier -_ Ib.e Project Office ts- prepaFEd to respond to all the sa" cy'

- -- issues sunmarized by NRC in a letter dcted November 9,1978. If NRC requires additional information or wishes to identify furth:r residual issues, it is

. crucial for us,to know at the earliest possible date.

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I know that forming a knowledgeable, experienced staff will be a challenge in light of the urgent priority of licensing light water reactors. If there is anything we can do to help in that regard please do not hesitate to ask. We stand ready to provide extensive briefinas for NP.C staff and to loan expert laboratory per_s,onn.el.-dJ hope'fciu can dis ~iV6 Tate an NRC representative as soon]

Es~bcssibTe'wht can interact with the Department of Energy to_ plan for an e f f i c i e n t s a_f_e f ty r e vi ew o f th e_pr-o-jec-t . ~ -- ' ~ ~ _/

Tnan% you very much for your attention to this matter. We can work together respencidg to the Administration and Congressional mandate to complete con -

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3:g33 W. Kenneth Davis .

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