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Category:Legal-Brief
MONTHYEARML0334210852003-12-0404 December 2003 Letter from Brent R. Marquand Enclosing the Table of Contents and the Table of Authorities That Were Inadvertently Omitted from the Tennessee Valley Authority'S Reply Brief Filed on 11/24/03 ML0333003392003-11-24024 November 2003 Tennessee Valley Authority'S Reply Brief ML0333700822003-11-21021 November 2003 Tennessee Valley Authority (TVA) - NRC Staff Reply to Briefs of Tennessee Valley Authority and the Nuclear Energy Institute on the Issue of Civil Penalty Mitigation ML0331100592003-11-0505 November 2003 Brief Amicus Curiae of the Nuclear Energy Institute on the Issue of Civil Penalty Mitigation ML0331100632003-11-0404 November 2003 Tennessee Valley Authority'S Brief on the Issue of Mitigation ML0332401782003-11-0303 November 2003 NRC Staff Reply to Initial Briefs of the Tennessee Valley Authority and the Nuclear Energy Institute ML0328101362003-10-0202 October 2003 Brief Amicus Curiae of the Nuclear Energy Institute Supporting Reversal of the Atomic Safety Licensing Board'S Initial Decision in LBP-03-10 ML0328200362003-10-0202 October 2003 Tennessee Valley Authority - NRC Staff'S Brief in Response to CLI-03-10 Regarding Standards by Which a Licensing Board Should Mitigate a Civil Penalty in a Discrimination Case ML0329503552003-10-0202 October 2003 Tennessee Valley Authority'S Initial Brief ML0321100142003-07-28028 July 2003 Letter from Ellen C. Ginsberg Enclosing a Request of the Nuclear Energy Institute for Leave to File an Answer in Support of Commission Review of Initial Decision in LBP-03-10 and Its Answer ML0324614642003-07-25025 July 2003 Tennessee Valley Authority (TVA) - NRC Staff'S Response to Tennessee Valley Authority'S Petition for Review of Initial Decision in LBP-03-10 ML0319900532003-07-16016 July 2003 Tennessee Valley Authority'S Petition for Review of Initial Decision in LBP-03-10 ML0211307782002-04-15015 April 2002 Tennessee Valley Authority (TVA) April 15, 2002, NRC Staff Revised Document List ML0908203562002-04-0505 April 2002 Brief in Support of Tennessee Valley Authority'S Motion in Limine ML0206600332002-03-0101 March 2002 NRC Staff Pretrial Legal Brief ML0207400812002-03-0101 March 2002 Tennessee Valley Authority'S Prehearing Brief ML0217603452002-02-20020 February 2002 Department of Labor Brief in Support of Respondent'S Motion for Summary Decision ML0203901972002-02-0101 February 2002 Brief in Support of Tennessee Valley Authority'S Motion for Summary Decision ML18283A5201976-07-20020 July 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System Tests ML18283A5271976-07-0909 July 1976 Licensee'S Motion to File a Reply to the Staff'S July 6 Response ML18283A5341976-06-21021 June 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System and Full Core Shutdown Margin Tests ML18283A5461976-05-26026 May 1976 Licensee'S Second Motion for an Order to Compel Intervenor to Respond to Certain Interrogatories 2003-07-28
[Table view] Category:Legal-Correspondence
MONTHYEARML0430004332004-10-25025 October 2004 Tennessee Valley Authority (TVA) - Letter from Sara Mcandrew to Administrative Judges Providing Notification of the Unavailability of Adams' Documents to the Public ML0309808132003-03-14014 March 2003 Tennessee Valley Authority -Letter from Jennifer M. Euchner to Administrative Judges Re Ruling on Appeal in One of the Cases Cited by Staff in the NRC Staff'S Findings of Fact and Conclusions of Law Concerning Tva'S Violation of 10 CFR 50.7 ML0311104582003-01-21021 January 2003 Tennessee Valley Authority - Letter from Jennifer M. Euchner to Administrative Judges Enclosing Corrected Pages to the June 20, 2002 Transcript ML0228103252002-10-0707 October 2002 NRC Staff Request for Denial of Tennessee Valley Authority, August 22, 2002, Motion to Compel Staff to Pay Additional Travel Expenses to Mcarthur ML0222703342002-08-13013 August 2002 Tennessee Valley Authority - Letter to B. R. Marquand, TVA, from J. Euchner, Counsel for NRC Staff ML0222102552002-08-0707 August 2002 Letter from Brent R. Marquand to Charles Bechhoefer Requesting That Licensing Board Sign and Issue Subpoena for Sam L. Harvey, Based on Description of Intended Testimony Set Forth in Tva'S 03/29/2002 Witness List ML0210902502002-04-0909 April 2002 Tennessee Valley Authority (TVA) April 9, 2002 Letter from Jennifer M. Euchner, NRC Staff, to Brent R. Marquand, TVA ML0211300042002-04-0909 April 2002 Tennessee Valley Authority (TVA) April 9, 2002 Letter from Jennifer M. Euchner, NRC Staff, to Wilson Mcarthur Forwarding Subpoena Requiring Appearance at Evidentiary Hearing and Witness Reimbursement Forms ML0211300182002-04-0909 April 2002 Tennessee Valley Authority (TVA) April 9, 2002 Letter from J. Euchner, NRC Staff, to Ronald Grover Forwarding Subpoena Requiring Appearance at Evidentiary Hearing and Copy of Witness Reimbursement Forms ML0211307612002-04-0909 April 2002 Tennessee Valley Authority (TVA) April 9, 2002 Letter from J. Euchner, NRC Staff, to Ben Easley ML0203702122002-01-28028 January 2002 TVA - Letter from Jennifer M. Euchner to Brent R. Marquand Enclosing NRC Staff Supplemental Response to Tennessee Valley Authority'S Request for Admission and Interrogatory ML18283A5201976-07-20020 July 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System Tests ML18283A5001976-07-15015 July 1976 Transmitting Resolution Passed by Board of Directors of Tennessee Valley Public Power Association at 07/9/1976 Meeting Which Points Out NRC Expedite Permission to TVA to Comply with TVA Motion of 06/21/76 ML18283A5241976-07-15015 July 1976 Transmitting Resolution Passed by Board of Directors of Tennessee Valley Public Power Association, Which Points Out Expedite Permission to TVA to Comply with Motion of June 21 ML18283A5251976-07-0909 July 1976 Intervenor'S Response to NRC Staff'S Response to Licensee'S Motion for an Order Authorizing Control Rod Drive System & Full Core Shutdown Margin Tests & to Licensee'S Motion for an Order Authorizing Control Rod Drive System & Full Core. ML18283A5271976-07-0909 July 1976 Licensee'S Motion to File a Reply to the Staff'S July 6 Response ML18283A5291976-07-0202 July 1976 Licensee'S Response to Mr. Garner'S Oral Questions of July 1, 1976 ML18283A5301976-06-28028 June 1976 Intervenor'S Request to Board to Re-open Discovery to Permit Interrogatories Relative to Supplement No. 1 to the SER ML18283A5321976-06-23023 June 1976 Licensee'S Further Responses to Intervenor'S Interrogatories ML18283A5341976-06-21021 June 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System and Full Core Shutdown Margin Tests ML18283A5361976-06-20020 June 1976 Intervenor'S Response to Board'S Ruling on Motions Dated June 10, 1976 ML18283A5371976-06-17017 June 1976 Letter Urges ASLB Devote Full Efforts to Timely Resolution of Proceedings Pertaining Browns Ferry Plant ML18283A5411976-06-0202 June 1976 Licensee'S Answer in Opposition to Intervenor'S Motion for an Order to Compel the Applicant (Sic) to Respond to Certain Interrogatories and to More Fully Respond to Certain Interrogatories ML18283A5441976-05-26026 May 1976 Acknowledging Receipt of Letter to Administrative Judge, Letter Regrets Congressman Do Not Spend as Much of Time Studying Mismanagement at TVA as Spend as Lackies & Looking Forward Retirement from Congress in January ML18283A5461976-05-26026 May 1976 Licensee'S Second Motion for an Order to Compel Intervenor to Respond to Certain Interrogatories ML18283A5561976-05-14014 May 1976 Intervenor'S Answers to Interrogatories of the Applicant ML18283A5591976-05-13013 May 1976 Licensee'S Motion for an Order to Compel William E. Garner to Respond to Certain Interrogatories ML18283A5611976-05-12012 May 1976 Licensee'S Response to the Board'S Order of May 7, 1976 ML18283A5671976-05-10010 May 1976 Licensee'S Objections to Interrogatories of William E. Garner ML18283A5701976-05-0303 May 1976 Intervenor'S Response to Applicant'S Motion for an Order Authorizing Fuel Loading and Operation ML18283A5711976-05-0303 May 1976 Intervenor'S Objections to Applicant'S Interrogatories to Intervenor ML18283A5771975-07-22022 July 1975 Submitting Certain Proposed Changes to Environmental Technical Specifications (Appendix B to Facility Operating Licenses) & Reasons & Justifications for Proposing Changes ML18283A5811975-05-30030 May 1975 Submits Proposed Changes to Browns Ferry Units 1 & 2 Environmental Tech Spec (Appendix B to Facility Operating Licenses) & Reasons & Justifications for Proposing Changes ML18283A5831975-03-21021 March 1975 Submits Proposed Changes to Environmental Technical Specifications (Appendix B to Facility Operating Licenses) & Reasons & Justifications for Proposing Changes ML18283A5861975-03-21021 March 1975 Submits Proposed Changes to Environmental Technical Specifications (Appendix B to Facility Operating Licenses) & Reasons & Justifications for Proposing Changes 2004-10-25
[Table view] Category:Legal-Motion
MONTHYEARML18283B9002018-10-10010 October 2018 Tennessee Valley Authority -Applicant's Motion for Summary Disposition on the Pleading ML0430900952004-11-0202 November 2004 Tennessee Valley Authority - Joint Motion to Approve Settlement Agreement and Terminate Proceeding ML0427405262004-09-23023 September 2004 Tennessee Valley Authority - Joint Motion for Extension ML0425801082004-09-0909 September 2004 Tennessee Valley Authority'S Motion for a Status Conference ML0402205952003-12-31031 December 2003 Tennessee Valley Authority (TVA) - NRC Staff Response to Tennessee Valley Authority'S Motion for Leave to File Supplemental Authorities ML0335603622003-12-17017 December 2003 Tennessee Valley Authority'S Motion for Leave to File Supplemental Authorities ML0334501322003-12-10010 December 2003 Tennessee Valley Authority (TVA) - NRC Staff Response to Tennessee Valley Authority'S Motion to Strike ML0334210822003-12-0404 December 2003 Tennessee Valley Authority'S Motion to Strike ML0322502622003-08-12012 August 2003 Tennessee Valley Authority - NRC Staff'S Response to Nuclear Energy Institute'S Motion for Leave to File an Answer in Support of Commission Review of Initial Decision in LBP-03-10 ML0321100142003-07-28028 July 2003 Letter from Ellen C. Ginsberg Enclosing a Request of the Nuclear Energy Institute for Leave to File an Answer in Support of Commission Review of Initial Decision in LBP-03-10 and Its Answer ML0306508772003-02-20020 February 2003 Tennessee Valley Authority'S Unopposed Motion for an Extension of Time ML0228105792002-10-0707 October 2002 NRC Staff Objection to Submission of TVA Exhibit 75 ML0225604522002-09-0606 September 2002 Tennessee Valley Authority (TVA) - NRC Staff Responses to Tennessee Valley Authority'S Motion to Compel ML0224100362002-08-22022 August 2002 Tennessee Valley Authority'S Motion to Compel ML0209901192002-04-0808 April 2002 Tennessee Valley Authority (TVA) - April 8, 2002; NRC Staff Response to Tva'S Motion in Limine ML0210105112002-04-0808 April 2002 Tennessee Valley Authority'S Response in Opposition to NRC Staff Motion in Limine to Exclude the Testimony and Summary of Analyses of Carey L. Peters ML0210103852002-04-0808 April 2002 Tennessee Valley Authority'S Response in Opposition to Motion in Limine to Exclude Documents Related to Ronald Grover ML0210001262002-04-0505 April 2002 Tennessee Valley Authority'S Motion in Limine ML0212203862002-04-0404 April 2002 Tennessee Valley Authority (TVA) - NRC Staff Motion in Limine to Exclude the Testimony and Summary of Analyses of Carey Peters and Request for Permission to File Further Motions in Limine ML0212203692002-04-0404 April 2002 Tennessee Valley Authority - NRC Staff Motion in Limine to Exclude Certain Documents Related to Ronald Grover ML0207301692002-03-0808 March 2002 Response to the NRC Staff'S Objection to Tennessee Valley Authority'S Motion for Leave to File Reply in Support of Motion for Summary Decision ML0206602262002-03-0404 March 2002 Tennessee Valley Authority (TVA) - NRC Staff Objection to Tennessee Valley Authority'S Motion for Leave to Reply in Support of Motion for Summary Decision ML0206601732002-03-0101 March 2002 Reply in Support of Tennessee Valley Authority'S Motion for Summary Decision ML0206601812002-03-0101 March 2002 Tennessee Valley Authority'S Motion for Leave to File Reply in Support of Motion for Summary Decision ML0207202692002-02-20020 February 2002 Tennessee Valley Authority (TVA) - NRC Staff Response to Tennessee Valley Authority'S Motion for Summary Decision ML18283A5201976-07-20020 July 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System Tests ML18283A5271976-07-0909 July 1976 Licensee'S Motion to File a Reply to the Staff'S July 6 Response ML18283A5341976-06-21021 June 1976 Licensee'S Motion for an Order Authorizing Control Rod Drive System and Full Core Shutdown Margin Tests ML18283A5371976-06-17017 June 1976 Letter Urges ASLB Devote Full Efforts to Timely Resolution of Proceedings Pertaining Browns Ferry Plant ML18283A5461976-05-26026 May 1976 Licensee'S Second Motion for an Order to Compel Intervenor to Respond to Certain Interrogatories ML18283A5591976-05-13013 May 1976 Licensee'S Motion for an Order to Compel William E. Garner to Respond to Certain Interrogatories 2018-10-10
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of TENNESSEE VALLEY AUTHORITY (Browns Ferry Nuclear Plant, Units 1 and 2)Docket Nos.50-259 0-260 LICENSEE'S MOTION TO FILE A REPLY TO THE STAFF'S JULY 6 RESPONSE Licensee moves that it be permitted to file a response to the NRC Staff's Res onse to Licensee's Motion for An Order Authorizin Control Rod Drive S stem and Full Core Shutdown Mar in Tests dated July 6, 1976, on the grounds that the Staff has (1)Misapplied the Board's May 21, 1976, Order;(2)Misinterpreted 10 C.F.R.55 50.57, 2.730(c)and 2.749 (1976);and (3)Misconstrued TVA's position.
Argument in support" of'his motion is'ombined with the response in I the enclosed brief.Respectfully submitted, Herbert" S.Sanger, Jr.General Counsel Tennessee Valley Authority Knoxville, Tennessee (~ts n lcd Lewis E.Wallace Deputy General Counsel.(I'av'id G.Powell Assistant General Counsel ('>km c William L.Dunker Attorneys for Licensee Tennessee Valley Authority Knoxville, Tennessee July 9, 1976 g
UNXTED STATES OF"AEKRICA NUCLEAR REGULATORY COKiISS ION Before, the Atomic Safety and Licensing Board In the Matter of TENNESSEE VALLEY AUTHORXTY (Browns Ferry Nuclear Plant, Units 1 and 2)Docket.Nos.50-259 50-260'I LICENSEE'S BRIEF COMBINING ARGUMENT IN SUPPORT OF A MOTION TO RESPOND TO THE STAFF'S JULY 6 PLEADING AND LICENSEE'S RESPONSE STATEMENT Licensee Tennessee Valley Authority ("TVA")filed on June 21, 1976, a motion for an order authorizing control rod drive system and full core shutdown margin tests, accompanied by a brief in support of the motion and an affidavit.
On July 6, 1976, the Regulatory Staff (" Staff")filed a Response to TVA's motion.In its Response, the Staff states that the Board's order of May 21, 1976, determined that before the Board can authorize any activity requested by TVA but opposed by the Xntervenor, the Board must determine if the Intervenor's contentions are relevant to the activity.If the Board
so finds, then the Staff argues that the Board must make the findings required by 10 C.F.R.5 50.57(a)(1976)and issue an initial decision.The Staff also argues that there is insufficient information before the Board to determine the effect of granting the motion on Intervenor's rights or to support summary disposition on t'e issues encompassed by section 50.57(a)with respect to the tests requested in TVA's motion.The Board should promptly grant TVA's mo'tion, for the Staff has misapplied the Board's May 21 Order, misinterpreted 10 C.F.R.55'0.57, 2.730{c), and 2.749 (1976), and misconstrued TVA's position.ARGENT The Staff Has 1H.sa lied the Board's~mfa 21 Order.The Staff makes the following statement in its July 6 Response: This Board, in its order of Nay 21, 1976, determined that before it authorizes any activity, which is requested by the Licensee but o osed b the In-tervenor, the Board must determine if the Inter-venor's contentions are relevant to the requested activity.If so found, the Board, pursuant to 10 CFR 5 50.57(c), must make findings in the form of an initial decision on each matter specified in 5 50.57(a)which is in controversy with respect to the amendment for which the hearing was re-quested....In the instant case the Inter-venor has not et ob'ected.If he does then this
Board must follow the rocedures it found to be a licable in its order of Ma 21 1976[at 1-2].Thus it is the Staff's position that where the Intervenor
~o oses the motion the Board must then proceed under section 50.57, determine the relevance of the Intervenor's contentions, and make the section 50.57(a)findings required.It is clear that the Intervenor has not opposed TVA's motion, and in fact filed no response at all.The Board's May 21 Order is by.its terms applicable where the Intervenor
~o oses a motion to operate.Xncredibly, the Staff opposes the motion based on the hypothetical that should the Xntervenor at some time in the future oppose the motion, e e then the procedures in the May 21 Order would apply.The Staff then concludes that since those procedures would ap'ply if the Intervenor should oppose the motion, they must also apply when the Xntervenor does not oppose the motion.Ue find this passing strange.The Staff Has Misinter reted 10 C.F.R.55 50.57(c)2.730(c)and 2.749 (1976).Section 50.57(c)of the Rules of Practice provides, in regard to a motion such as the one filed by TVA, that: Prior to taking any action on such a motion which any party opposes, the presiding officer shall 1 Emphasis'dded herein unless otherwise noted.
\t'4 s make findings on the matters in controversy spec-'fied in paragraph (a)of this section as to which there is a contxoversy, in the form of an initial decision with respect to the contested activity sought to be authorized.
...If no art o oses the motion the residin officer will issue an order the Director of Nuclear Reactor Re ulation to make a ro riate findin s on the matters s ecified in ara ra h a)of this section and to issue a license for the re uested o eration.It is unquestioned that the Intervenor has not opposed TVA's motion.venor should oppose the motion, the Board must make the section 50.57(a)findings.It is thus clear that TVA's motion is unopposed.
In these circumstances, the presiding officer has no discretion in deciding the matter, for section 50.57(c)states that the presiding officer will issue the requested order.The Staff has unquestionably misinterpreted section 50.57(c)bq attempting to require the Board to make.i.,dings that are only required where a motion is opposed.The Staff also misinterprets 10 C.F.R.5 2.730(c)(1976).That section provides that within five, days after service of a written motion a party may file an answer in support of or in opposition to the motion.Counting the time as prescribed by 10 C.F.R.5 2.710 (1976)," a response by the Intervenor had to be filed by July 1, 1976.A review of the record demonstrates that the Intervenor
'filed no response.Yet the Staff has responded to the motion based on the assumption that".[i]f he does" oppose the motion, then the procedures in the May 21 y'
Order would apply-so they should apply now.The Staff ignores that the Intervenor's time for filing a response has long since expired.Basing a response on what the Intervenor might hypothetically do in the future is not useful in deciding this motion.The Staff's interpretation of 10 C.F.R.5'2.749 (1976)is likewise wrong.The Staff stated that it also reviewed TVA's motion and supporting documents"for adequate substance" under section 2.749, and concluded that the documents"do not now provide the Board with a sufficient factual basis upon which the Board may make the findings necessary under 5 50.57(a)" (Response at 5).It is clear from section 2.749 that on a motion for summary disposition, a party opposing the motion.may not rest upon the mere allegations or denials of his answer;his answer by affidavits or as otherwise provided in".this.section must set forth specific facts showing that there is a genuine issue of fact.If no such answer is filed the decision sou ht if a ro riate shall be rendered[10 C.F.R.5 2.749(b)(1976)].The Intervenor has filed no answer, so as to him the Board should grant the decision sought.The Staff's response contains no affidavits, points to no genuine issue of material fact, and merely expresses counsel's conjectures.
Thus if TVA's motion were treated substantively as one for summary disposition in regard to the requested tests, the Staff's answer is wholly inadequate under section 2.749 and dictates that the motion be granted.
0 fP It is manifestly appropriate to issue the requested order.Fuel loading on unit 2 was completed on July 4, and the requested tests could have started on that day.Yet the unit is sitting idle.For every day that these tests are delayed, operation is delayed and the consumers of TVA power must pay a severe economic penalty.The inexplicable.
negativism of the Staff should not be permitted to impose such penalties.
The Staff Has Misconstrued TVA's Position.The Staff's Response, on pages 3-5, goes to great length to describe all of the things which TVA purportedly did not consider.For example, the Staff states that: The affidavit gives no indication of whether or not any repaired system can malfunction in such a way as to adversely affect safety in onnection with the conduct of the tests covered by the motion fResponse, at 3-4].Hr.Calhoun's affidavit analyses the worst accident that can happen, i.e., all operational control rods in the fully withdrawn position, and demonstrates that the reactors would remain within the technical specification shutdown margins.The Staff faults TVA for not listing all the equipment on unit 2 that was not damaged by the fire and cites as an example source range monitoring instrumentation.
It would be a useless exercise to list all of the equipment which was not fire-affected.
5fr.Calhoun's affidavit states clearly that fire-affected equipment is not involved in the tests on unit 2.There has been no reason put forth to doubt Ifr.Calhoun's competence to make the affidavit, or to question the content of any matters stated therein.These matters are in any event not relevant to Intervenor's contentions since the Intervenor has not o osed the I'otion.Based on the foregoing, it is clear that TVA's motion is unopposed and that under section 50.57(c)the Hoard is required to grant the requested motion.Even if the motion had been opposed by the Intervenor, there is sufficient information in the documents accompanying the motion to determine that the Intervenor's contentions are not relevant to the requested activity and that Intervenor's interests or rights could not be affected under the worst accident conditions.
h)'
The Board should grant TVA's motion to reply to the Staff's July 6 Response and TVA's June 21, 1976, motion to conduct control rod drive system and full shutdown margin tests.Respectfully submitted, Cv+-~P c~C~~'erbert S.Sanger, Jr.General Counsel Tennessee Valley Authority Knoxville, Tennessee c.(QAXI4cc.Lewis E.Wallace Deputy General Counsel David G.Powell Assistant General Counsel l l~~l CLt~l a&.m William L.Dunker Attorneys for Licensee Tennessee Valley Authority Knoxville, Tennessee July 9, 1976 S a
, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of TENNESSEE VALLEY AUTHORITY (Browns Ferry Nuclear Plant, Units 1 and 2)))))))Docket Nos.50-259 50-260 CERTIFICATE OF SERVICE I hereby certify that I have served the original and 20 confoimed copies of the following documents on the Nuclear Regulatory Commission by depositing them in the United States mail, postage pre-paid and addressed to Secretary, U.S.Nuclear Regulatory Commission, Washington, D.C.20555, Attention:
=Chief, Docketing and Service Section'-Licensee's Motion To File A Reply To The Staff's July 6 Response Licensee's Brief Combining Argument In Support Of A Motion To Respond To The Staff's July 6 Pleading and Licensee's Response and that I have served a copy of each of the above documents upon the persons listed below by depositing them in the United States mail, postage prepaid and addressed:
N' Thomas W.Reilly, Esq., Chairman Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Hugh C.Paxton Los Alamos Scientific Laboratory P.O.Box 1663 Los Alamos, New Mexico 87544 James R.Tourtellotte, Esq.Lawrence Brenner, Esq.Office of the Executive Legal Director U.S.Nuclear Regulatory Commission Washington, D.C;20555 Dr.Frederick P.Cowan 22 Browns Lane Bellport, New York 11713 I William E.Garner, Esq.'oute 4, Box 354 Scottsboro, Alabama 35768 Ato'mic Safety and=Licensing Appeal Board U.S Nuclear Regulatory Commission j Washington, D.C.20555'his 9th day of July, 1976.David G.Powell Attorney for Licensee Tennessee Valley Authority I