ML20196A599

Transcript of 881201 Hearing in Bethesda,Md.Pp 143-152

ML20196A599
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	12/01/1988
From:	Atomic Safety and Licensing Board Panel
To:
References
CON-#488-7673 CP, CP-OL, NUDOCS 8812060050
Download: ML20196A599 (12)

Text

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l O UNITED STATES NUCLEAR REGULATORY COMMISSION  !

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ATOMIC SAFETY AND LICEdSING BOARD i

l In the Matter of: )

) Docket No,s i

ALL CHEMICAL ISOTOPE ENRICHMENT, )

INC. (ALCHEMIE FACILTY-1 DPDF): ) 50-603-CP/OL ALL CHEMICAL ISOTOPE ENRICHMENT, ) 50-604-CP INC. (ALCHEMIE FACILTY-2), )

(OLIVER SPRINGS)  ;

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PAGES: 143 through 152 PLACE: Bethesda, Maryland DATE: December 1, 1988 l

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143 I UNITED STATES NUCLEAR REGULATORY CO:*J'ISSION 8i 2 ATOMIC SAFETY AND LICENSING BOARD i I

3 4 In the Matter of: )

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5 ALL CHEMICAL ISOTOPE ENRICllMENT, )

INC. (ALCilEMID FACILITY-1 DPDF): ) Docket Nos. 50-603-CP/OL 6 ALL CHEMICAL ISOTOPE ENRICFMENT, ) 50-604-CP INC. (ALCHEMIE FACILITY-2), )

7 (OLIVER SPRINGS) )

8 (Pre-hearing Conference) 9 Thursday December 1, 1938 10 Room 407 11 United States Nuclear Regulatory Commission, 12 Atomic Safety & Licensing Board I j 13 4350 East-West Highway Bethesda, Maryland

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14 The pre-hearing conference convened, pursuant to 15 notice, at 2:00 p.m.

16 BEFORE: HON. IiORTON 21ARCULIES, CHAIR".AN 17 HON. FREDERICK J. SHON, ME!!BER Atomic Safety & Licensing Board 18 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 19 APPEARANCES:

20 For t5 plicants:

21 STEVE I R V Ili G , ESQUIRE 22 Irving & Gams 702 South Illinois Avenue, Suite 202B

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Oak Ridge, Tennessee, 24 h

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1 APPEARANCES (Continued) 2 For the Nuclear Regulatory Commission Staff: l 3 . BERNARD BORDENICK, ESQUIRE United States Nuclear Regulatory Commission O 4 White Flint North Rockville, Maryland 20555 5

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, I PROCEEDINGS 2 JUDGE MARGULIES: Good afternoon.

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O[ MR. IRVING: Good afternoon, Judge Margulies.

's 1 4 MR. BORDENICK: Good afternoon.

) 5 JUDGE MARGULIES: This conversation is being I

6 i reported.

7 Judge Paris is necessarily absent. I have an i

A announcement to make in regard to Judge Luebke.

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Judge Luobke has notified the Board that he is I!

H) i withdrawing as a member because of health considerations.

11 His replacement will be Mr. Frederick Shon -

t 12 S-h-o-n, who I know is known to Mr. Bordenick. Mr. Shon is, i 13 in addition to being an Administrative Judge, is also a i

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14 Deputy Chief Adminittrative Judge for the panel.

l$ He is with me and will participate in this con-16 , ference call.

!? JUDGE CHON: How do you do? Good afternoon.

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18 I MR. IRuING: Good afternoon, Your Honor. This l

i 19 is Steve Irving with the Applicant. Just let me say that we 20 certainly regret the news about Judge Luebke and hope he is d

21 well or turns out to be well. ,

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MR. BCRDENICK: I would also echo that. I hope j

-- s 22 )1 I l' 1 l 23 [ it is not serious.

24 JUDGE MARGULIES: I don't believe that it is a lll 25 h

condition that is serious, but it does interfere with his I 4 {

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JA6 1 ability to travel.

(, 2 During our last pre-hearing conference on November V

3 29th, we were discussing the possibility of holding the (3

x_/ 4 hearihg up here on December 21st. Mr. Irving hed expressed 5 his reservations on a number of occasiens as to whether a 30 6 day notice in the Federal Register was required and after 7 double checking 2.104 of 10 CPR, I find that he is correct 8 and that we would have another--had to have another 30 day 9 Register notice.

10 We are now back to the p roblem of the time and 11 place of hearing. The matter becomes complicated in that the 12 new hearing date must also meet Judge Shon's schedule. He

(~ 13 has other commitments, Number 1. Number 2, he has to review t

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N ') 14 all the files and present whatevel questions he may have and 15 direct them to the parties.

16 We are very interested in proceeding as quickly as 17 i possible, but from a very practical standpoint, it appears 18 that the earliest hearing date that we can proceed with is 19 l during the first week of January, 1999. '4 hat we would propose 20 to do would be to commence the hearing on January 4th, and 21 l

to provide for the taking of limited appearance statements at 1

22 that time.

23 It would appear that we should be able to conclude l

24 the hearing on that date, if everything would go accorditg to

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147 1 Do the parties wish to comment?

MR. IRVING: Your lionor, Mr. Irving with the

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, 3 Applicant. Will that require any additional notice?

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4 JUDGE MARGULIES: It will not require the 30 day 5 Federal Register Notice, but it will go out. We will put out 6 an order to that affect and we will send it to the Federal 7 Register to be published, but the 30 day provision does not 8 control. We would put out a simple notice saying:

9 "Notice is hereby given that the hearing to be held to in (captioned construction permit application proc.eeding, 11 on December 21st, naming the time and place) is cancelled 12 and is rescheduled to commence or: January 4th, 1989 at the (l 13 same time and location. Persons will be permitted to make uj 14 limited appearance statements at the session as authorized 15 by 10 CPR 2.715(a)."

16 That would be the nature of the hearing notice.

17 MR. IRVING: And the mid December date was not is acceptable, the December 27th, 28th?

19 JUDGE !MRGULIES: It's just too tight.

20 MR. IRVING: I can understand that, Your lionor.

21 Well, we vill certainly, from the Applicant's 22 standpoint, we certainly understand the situation that has O 23 occurred and, under the circumstanca.s, January 4th seems to 24 be a reasonable date of continuance.

25 JUDJE MARGULIES: That's the first reasonable date.

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148 i Our !ntentions are the same in terms of pushing ahead as fully 2 and completely as we can for an early disposition.

3 MR. IRVING: Yes, sir, I understand that and it

(_/ 4 sounds very roastnable and the Applicant will certainly 5 support that continuance.

6 Is the Moot Courtroom available on that date?

JUDGE MARGULIES

We have contacted the school and 8 it is available that week.

9 Do you have anything to say, Mr. Bordenick?

30 MR. BORDENICK: No, only that certainly the staff

understands the situation and we will be present at the hear-12 ing. I guess the other question is, the need for another I")',

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13 conference call.

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\- 14 Jt'DGE MARG'JLIES : I think it would be helpful that i

15  ! we, you know, just utay on top of the situation and that we 16 be able to monitor the events as as they develope, 17 MR. BORDENICK: I certainly agree with that. I 18 l have been away from my office since yesterday mcrning. I 19 am fairly confident the Board has not received anything fur-20 ther f rom the staf f as yet.

21 JUDGE MARGULIES: That is correct.

I MR. BORDENICK: Although there is still hope that gm 22

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(_ l 23 ] you will receive something this week. But, I don't know what i

24 the status is, so certainly we need to continue to discuss when the staff serves its review findings on the Board and

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a 149 whether or not the Board noods the previously dealt'with

,Q 2 staff witnesses present in Knoxville.

G 3 I think there is also the outstanding item of f

CJ 4 whether or not the Board would like to make a nito visit 3 to either or both sites.

6 JUDGE MARGULIESt I have not discussed that with 7 Judge Shon and so we wi11 continuo to defor any action on a that and certainly we will remember Mr. Irving's comment 9 that it requires 3 days advanco notice in terms of dealing 10 with DOE.

MR. BORDF, NICK: In contcrplation of site visits 33 12 generally, being to Applicant's sito, staff certainly has no problem with Mr. Irving raaking the arrangemente, even though,

() 13 d 34 in this case, one of the sites, is not yet in the Applicant's control, namely the CPDF, Facility 1 site. But, 1 have no 15 16 problem with him ma);ing the arrangements.

MR. IRVING: Mr. Bordenick, is not dealing with tho 17 people all the time and we are dealing with DOE quito fro-18 ((

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g, quently on that same issue. It's just moro convenient, 20 probably, for overyone, l A jet plane flew over i MR. BORDENICK. I'm sorry.

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,, 22 { in the middle of all that and I didn't hear the last part of

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24 y MR. ILVINGt It in convenience for us to do that.

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l 150 1 Unfortunately there are several Air Forc2 bases I

in the area which I am at and the jets fly over all day, so f 2 1 I didn't heat the last part of your conversation.

m 4 MR. IRVING: Bernie, I just said, .it's a convenient I

5 jf thing for us to do, we're doing it on about a daily basis, so 1

6 we'll certainly be happy to take care of it.

7 iiI MR. BORDENICK: Okay. I understand. I'm saying I

8 the staff has no problem with you doing that. The only thing 9 I would remind you of is the fact that the staff will, of I

l 10 course, accompany the Board on the site visit if, in fact, i

11 the Board decides to make the visit.,

b P MR. IRVING: That's fine. I mean, we just need 12 1

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MR. DORDENICK: Understood.

15 a MR. IRVING: Your Honor, on behalf of the Applicant, il y

16 i we have sent to the Court recponses to the Court's most recen ;

i 17 questions and I would imagine you all have received them by is , now because we Fed Ex'd them out to you, gg JUDGE MARGULIES: b'e did get them. I didn't know 20  ! if vc would go into oth(r areas, but it seems to me that tho l

21 fi.rst question could be a little more responsive. From the o

- 22 y ntandpoing, the question--I don't have the docuirent before

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23 , me, pertained to a worst case accident which could possibly b L 0

24 y a'.lievated by the using of protective clothing and the purport 4

of the question was, will the protective clothing be oced and lll 2s I 1

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'151 g Bernie and I are available at anytimo to get together and

,7~T g upcak about these matters even if it's not at a regularly

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3 scheduled conference time. We would certainly L; glad to 7)

L_J 4 holp in anyway that we can..

5 JUDGE MARGUILES: It would probably be appropriate s

6 at this timo to speak in terms of our next conference caAl.

7 MP. BORDENICK: Judge Marculles, in that regard, as 8 .I noted during the last conferenco call, is the Board thinkinc 9 in terms of a conforonco call next week--sometime Aoxt week?

10 JUDGE MARGUILES: Yes.

gg MR. BORDENICK: My problem is I have been summoned 12 for jury duty in Montgomery County next Thursday.

JUDGE MARGUIT ES: Then we can make it Wednosday,

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\ ~- g4 MR. BORDENICK: That's fine.

t is MR. IRVING: That's fino, on behalf of the Appli-I 16 l cant, Your llonor.

17 MR. BORDENICK: At thin poiat, I don't know whether ,

if fact, I will have to report on Thursday. There is a pro-la 1, vision where you call in and you're assigned a number, and go they tell you which numbers have tn report. So I wont 21 krtow until Wednesday night.

,~., 22 MR. IRVING: Shall we keep that at 2:00 as has bocn

(_) i our habit.

, 23 JUDGE MARGUILES: I think so, Mr. Irving. I guess 24 i

( j 23 it becomes easier to follow habit.

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152

Is thoro anythingffurther that the parties wish 2 to discuss at this timo? l

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. MR..IRVING: _Nothing from'tne Applicant, Your lionor,

4. MR. BORDENICK: No, I don't,think there is anything f

5 further, Your Honor, from the' Staff. So it will be 2:00 p.m.  ;

6 next Wedneslay, which I think is the 7th of December.

7 JUDGE MARGUILES: That's correct.>

(g MR. BORDENICK: The staff cortainly will be avail-1 lt

, ablo tor that. ,

y JUDGE MARGUILES: Thank you for participating.

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i i 33 MR. IRVING: Thank you, Your lionor. ,

MR. BORDENICK: Thank you.

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g3 . JUDGE MARGUILES: That will conclude the pre-heir-t r

34 ing conference. s is (Whorcupon, at 2:14 p.m., the pre-hearing-con- ,

l g forence was concluded.) l

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. CEF.TIFICATE O 2 1

3 This is to cextify that the attached proceedings before t.he i j: 4 United States Nuclear Regulatory Commission in the matte::

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Na,me ALL CllEMICAL ISOTOPE ENRICl! MENT INC., et al.

T S Cocket Number: 50-603-CP/OL 9 Place: Bothesda, Maryland

.O Date December 1, 1988 f 11- were held as herein appears, and that this is the original 12 transcript thereof for the file of the United States Nuclear 13 Regulatory Commission taken stenographically by me and, 14 thereafter reduced to typewriting by me or under the 15 irection of the court reporting company, and that the 16 transcrire is a true and accurate record of the foregoing ,

17 proceedi.sgs.

18 Is/ o w. t br v Y?SAs J 7

IRWIN L. CO ND5:RRY 19 (Signature typed) : ,

20 official Reporter 21 Heritage Reporting Corporation 22 i t

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Beritage Reporting Corporation i (202) 628-4888 l