ML20140G511

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Memorandum & Order Denying Motion for Summary Reversal of Suppl Initial Decision Re Const Permit for Sefor.W/ Certificate of Svc
ML20140G511
Person / Time
Site: 05000231
Issue date: 02/16/1966
From: Mccool W
US ATOMIC ENERGY COMMISSION (AEC)
To:
AFFILIATION NOT ASSIGNED, GENERAL ELECTRIC CO.
Shared Package
ML20140G249 List: ... further results
References
FOIA-97-34 NUDOCS 9705120004
Download: ML20140G511 (4)


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! I UNITED STATES OF AMERICA ATOMIC EIGROY CCNMISSION

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[- 9[ , / 9 f Glenn T. Seaborg, Chairman h p.- ,

John G. Palfrey James T. Ramey Q3 gEBy7;,03Sh P

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l Gerald F. Tape p J.-

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] In the Matter of j DOCKET NO. 50-231 4

GENERAL ELECTRIC COMPANY AND SOUTHWEST ATCMIC ENERGY ASSOCIATES -

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i MEMORANDUM AND ORDER 1

An atomic safety and licensing board granted a provisional codditional i

i construction permit for the Southwest Experimental Fast Oxide Reactor (SEPOR) i

[ .. at Cove Creek, Washington County, Arkansas. In doing so the board re-opened j the record and ordered that certain supplements 1 evidence be filed concerning safety questions (which it has now found to be adequately covered, and which l are no longer in the case), and as to whether the issuance of a permit wuld i

l be contrary to Section 104(d) of the Atomic Energy Act of 1954, 42 U.S.C.

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! Sec. 2134(d) and of the regulations,10 CFR $ 50 38, because of the par.+,1cipa-tion of Gesellschaft fGr Kernforschung m.b.H., a non-profit associati>>n of the 1

Federal Republic of Germany owned by the Federar Repeblic and the Gtate of i

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, 4 9705120004 970505

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VARADY97-34 .PDR

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1-Baden-ilurttemberg. Matter of General Electric Company and Southwest Atomic i

i Energy Associates, 3 AEC - .

After the submission of further evidence, the board issued a supplemental

! initial decision rescinding the conditional authorization for a provisional

construction permit, and ordered that the application be denied. 3 ABC - .

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One of the applicants, General Electric Company, has filed a petition

! to review the supplemental initial decision. The other applicant, Southwest

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Atomic Er.ergy Associates, a non-profit association, has moved in the alterna-tive that the Commission either sumaneily reverse the supplemental initial

! l decision insofar as it denies the construction permit or grant review of that i l

{ portion of the decision.

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! The regulatory staff suggests that it would be appropriate to conduct a review of the supplemental initial decision in a single step without requiring fi exceptions and further briefs or, as a less preferred alternative, that the

!  !' petitions for review should be granted.

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The staff has also moved, with the consent of the applicants, that we

! I take o Micial notice of the terms of the four contracts, all dated as of May 14, 196h, and portions of which have already been received in evidence: (1) an agreement between Southwest Atomic Energy Associates and Gesellschaft fu*r j

Kernforschung m.b.H.; (2) the SEFOR contract between Southwest Atomic Energy Associates and General Electric Company; the " Program C m ract" between South-west Atomic Energy Associates and General Electric Company; and (4) Contract No. AT(04-3)-540 between United States Atomic Energy Commission and Southwest t

! Atomic Energy Associates, under which a research and development program is.

a to be conducted as a part of the Commission's fast breeder reactor program.

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l It appearing that substantial and important questions of law, policy and discretion have been raised (lo CFR 8 2 762(d)), it is ORDERED:

, 1. The petitions to review the supplemental initial decision l l

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l of the atomic safety and licensing board issued on January 7,1966, l 1

are granted; r

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j 2. Exceptions and such supplemental triefs as the parties may

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vish to submit may be filed on or before February 28,1966; l

1 3 Official notice is taken of the following contracts: i (a) Agreement between Southwest Atomic Energy. Associates and cellschaft fuS*.Kernforschung m.b.H.;

(b) "SEFOR contract" between Southwest Atomic Energy Associates and General Electric Company; 1

(c) " Program Contract" between Southwest Atomic Energy Associates and General Electric Company; and I (d) Contract No. AT(ok-3)-450 between United States l

Atomic Energy Commission and Southwest Atomic Energy Associates;

4. The motion for simuney reversal of the supplemental initial decision is denied.

. Dated: February 16, 1966. By the Commission

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l W. B. T4ccooy Secretary l

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UNITli;D STATES OF AIGRICA l AEBEC ENERGY C000G88I05

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In the Matter of Docket No. 50-231 alumRAL ELECTRIC COMPANY AND f

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SOU NWEST AEBUC ENERGY ASSOCIATES f  ;

l CERTIFICATE OF SEllVICE I hereby certify that copies of the Commission's " * . " ' AND ORIER dated February 16, 1966 in the captiemed matter were served on the following by deposit in the theited States Mail, first class or air mail, this 16th day of pubruary,1966:

Troy Commer, Esq. General XLeetric Ccogamy Regulatory Staff Atanie Power Equipment Department U. 8. Atomic Emery Commissica 175 Curtaar Avenue unshiestem, n. c. ap p 5 p. o. som an See Jose, California 95125 Daniel James, Esg. Attentien Jules Pear 3 men, Esq.

Cahill, Gordca, Reintel & chl 80 Pine Street Nam eens thrasher sev York, Wee York 30005 county courthouse Fayettevilla, Arknemas 73701 Southeast Atente Beerg Associates 306 Pyrussie Bui3Aias Dr. Juuss T. Barren 1.ittle asek Arkasses 79003 State Realth Officer Attention Mr. J. Debert Welsh Arkanses State Board of Health Little Esek, Arkansas 73000 l l

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.- @J . , reter, cc: Trey Commer, Esq.

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