ML20080C641

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Brief of Intervenors in Support of Appeal of ASLB 840120 Order.Certificate of Svc Encl
ML20080C641
Person / Time
Site: Clinch River
Issue date: 02/06/1984
From: Finamore B
HUNTON & WILLIAMS, National Resources Defense Council, Sierra Club
To:
Shared Package
ML20080C605 List:
References
NUDOCS 8402080166
Download: ML20080C641 (7)
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Text

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FebNary'6,4 1984'I

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Administrative Judges:

Gary J. Edles, Chairman Dr. W. Reed Johnson Howard A. Wilber

)

In the Matter of )

)

UNITED STATES DEPARTMENT OF ENERGY )

PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537 TENNESSEE VALLEY AUTHORITY )

)

(Clinch River Breeder Reactor Plant) )

)

BRIEF OF INTERVENORS, NATURAL RESOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB, IN SUPPORT OF APPEAL On November 23, 1983, Intervenors Natural Resources Defense Council, Inc. and the Sierra Club ("Intervenors"), who have been full parties to the CRBR Limited Work Authorization proceedings i

since 1975, filed with this Appeal Board a Motio,n of Intervenors to Terminate Appeal Proceedings, Vacate Partial Initial Decision, and Authorize Revocation of Limited Work Authorization. On December 15, 1983, the Appeal Board issued an order which terminated the appeal proceedings and vacated the LWA Partial Initial Decision. The Appeal Board held, however, that the issue of revocation of the LWA was better left to the Licensing Board, 8402080166 840206 PDR ADOCK 05000537 O PDR

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C' h Which at that time still retained jurisdiction over the CRBR construction permit proceedings. The Appeal Board anticipated that- the Licensing Board would determine if any conditions were needed to ameliorate the environmental impacts of site preparation. order, December 15, 1983, at 3-4. j In view of these statements by the Appeal Bcard, the Licensing Board on January 20, 1984 issued a Notice of Conference With Parties, Which scheduled a conference on March 14, 1984 to discuss revocation of the LWA and appropriate measures for site redress. Inexplicably, however, the Licensing Board stated that Intervenors Natural Resources Defense Council and the Sierra Club would only be permitted to participate in the conference by making limited appearance statements in accordance with 10 C.F.R.

{2.715.1/ This ruling has the ef fect of Wholly denying NRDC and the Sierra Club the right to participate in the LWA conference as full party intervenors, thus warranting an immediate appeal under 10 C.F.R. $2.714a. See Wiscoasin Electric Power Company (Point Beach Nuclear Plant, Unit 1), ALAB- 696, 16 NRC 1245, 1256 (1982).

l The Licensing Board's termination of NRDC and the Sierra Club's intervention is completely unjustified. Both groups have been full parties to the CRBR DNA proceedings since 1975 to the l same extent as Applicants and Staff, who were invited to the L

1/ A person making a limited appearance does not become a party, may only make a nonevidentiary oral or written statement on the record, and may not participate in the proceeding in any other way. 10 C.F.R. $2.715; 10 C.F.R. Part 2, Appendix A, Section III(b).

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March 14, 1984 conference as-full parties. H e termination of i' the IMA appeal proceedings should have no effect on the ability of Intervenors to continue to participate in whatever IMA proceedings remain before the Licensing Board. In fact, it was Intervenors NRDC and the Sierra Club who firct raised the issue of revocation of the IMA to the Appeal Board. Surely the Appeal Board, by granting part of Intervenors' notion (to terminate the appeal proceedings and vacate the PID),did not intend to strip Intervenors of party status with respect to the remainder of its 4 motion, simply by transferring that portion to the Licensing Board.

The Licensing Board may be under the impression that since it dismissed NRDC and the Sierra Club as parties to the CRBR Construction Permit proceedings, that these parties are somehow dismissed from the LWA proceedings as well. This impression is clearly mistaken. '1he Board 's dismissal on its face applies only to the CRBR construction permit proceedings. Transcript of Conference With Counsel, June 29, 1983, at 7330. All parties agreed that NRDC and the Sierra Club would have full party status to participate in any further proceedings before the Licensing Board on LWA matters. Id. at 7314, 7316-17 The upcoming March 14, 1984 Conference With Parties is indisputably a LWA proceeding. The only issues on the agenda are revocation of the LWA, and the extent of appropriate site redress measures in connection with LWA revocation. Notice of Conference With Parties at 2. Intervenors NRDC and ths Sierra Club

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- therefore request that an order be entered directing the Licensing Board to permit these parties to participate fully as intervenors in the March 14, 1984 Conference With Parties.

Respectfully submitted,

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Barbara A. Finamore S. Jacob Scherr Attorneys for Intervenors, Natural Resources Defense Council, Inc. and the Sierra Club Dated: February 6, 1984

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6 CERTIFICATE OF SERVICE I hereby certify that copies of NATURAL RESOURCES DEFENSE COUNCIL NOTICE OF APPEAL and SUPPORTING BRIEF, and NATURAL RESOURCES DEFENSE COUNCIL AND SIERRA CLUB NOTICE OF APPEAL and SUPPORTING BRIEF were served this 6th day of February 1984 by hand

  • or by first class mail upon:
  • Marshall E. Miller, Esq.

Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th floor Bethesda, MD 20014

  • Gustave A. Linenberger Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th floor Bethesda, MD 20014
  • Gary J. Edles, Chairman Atomic Safety & Licensing Appeal Board 4350 East West Highway, Bethesda, MD 20014
  • Dr. W. Reed Johnson Atomic Safety & Licensing Appeal Board 4350 East West Highway, Bethesda, MD 20014
  • Howard A. Wilber Atomic Safety & Licensing Appeal Board 4350 East West Highway, Be the sda, MD 20014
  • Sherwin E. Turk, Esq.

Stuart Treby, Esq.

Geary S. Mizuno, Esq.

Elaine I. Chan, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Maryland National Bank Building 7735 Old Georgetown Road Be the sda, MD 20014

  • Indicates hand delivery.

s Certificate of Service - :2 ,

  • Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555

  • Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission 1717 H Street, NW, Room 1121 Washington, D.C. 20555
  • Docketing & Service Section of fice of the Secretary U.S. Nuclear Regulatory Commission 1717 H Street, NW, Room 1121 Washington, D.C. 20555 (3 copies)
  • R. Tenney Johnson, Esq.

Leon Silverstrom, Esq.

Warren E. Bergholz, Jr., Esq.

William D. Luck, Esq.

Office of General Counsel U.S. Department of Energy 1000 Independence Ave., SW, Rm. 6-B-256 Washington, D.C. 20585

  • George L. Edgar, Esq.

Thomas A. Schmutz, Es q .

Newman and Holtzinger, P.C.

1025 connecticut Avenue, N.W.

Washington, D.C. 20036 Dr . Cadet H. Hand, Jr., Director Bodega Marine Laboratory University of California P.O. Box 247 West Side Road Bodega Bay, CA 94923 (Federal Express Mail)

Herbert S. Sanger, Jr., Esq.

Lewis E. Wallace, Esq.

James F. Burger, Esq.

W. Walker LaRoche, Esq.

Edward J. Vigluicci, Esq.

Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, TN 37902

v Certificate of Service - 3 William M. Leoch, Jr., Esq., ,

I Attorney General William B. Hubbard, Esq.,

Chief Deputy Attorney General Michael D. Pearigen, Es q.

State of Tennessee Of fice of the Attorney General 450 James Robertson Parkway Nashville, TN 37219 Lawson McGhee Public Library 500 West Church Street Knoxville, TN 37902 William E. Lantrip, Esq.

City Attorney Municipal Building P.O. Box 1 Oak Ridge, TN 37830 Oak Ridge Public Library Civic Center Oak Ridge, TN 37830 Joe H. Walker 401 Roane Street Harriman, TN 37748 Commissioner John L. Parish Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 1007 Nashville, TN 37219 Bitrbara A. Finamore I

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DOCMTED g j ;.;

FebrEa# rylA,-Il98h b UNITED STATES OF AMERICA NUCLEAR REGULA1 CRY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Administrative Judges:

Gary J. Edles, Chairman Dr. W. Reed Johnson Howard A. Wilber

)

In the Matter of )

)

UNITED STATES DEPARTMENT OF ENERGY )

PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537 TENNESSEE VALLEY AUTHORITY )

)

(Clinch River Breeder Reactor Plant) )

')

NATURAL RESOURCES DEFENSE COUNCIL INC.

NOTICE OF APPEAL Pursuant to 10 C.F.R. {2.714a, the Natural Resources Defense Council, Inc. (NRDC) hereby files a notice of appeal of the

Atomic Safety and Licensing Board's January 20, 1984 Order Regarding NRDC Motion to Intervene, which wholly denied NRDC's motion to intervene in the Clinch River Breeder Reactor Construction Permit proceedings. A supporting brief is attached.

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Respectfully submitted,

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Mfbara A. Finamore S. Jacob Scherr Attorneys for Natural Resources Defense Council, Inc.

l Dated: February 6, 1984 i

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February 6, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Administrative Judges Gary J. Edles, Chairman Dr. W. Reed Johnson Howard A. Wilber

)

In the Matter of )

)

UNITED STATES LEPARTMENT OF ENERGY )

PROJECT AANAGEMENT CORPORATION ) Docket No. 50-537 TENNESSEE VALLEY AUTHORITY )

)

(Clinch River Breeder Reactor Plant) )

)

INTERVENORS, NATURAL RESOURCES DEFENSE COUNCIL INC.

AND SIERRA CLUB, NOTICE OF APPEAL Pursuant to 10 C.F.R. $2.714a, the Natural Resources Defense Council, Inc. and the Sierra Club hereby file a notice of appeal l of the Atomic Safety and Licensing Board 's January 20, 1984, Notice of Conference With Parties which, by permitting NRDC and the Sierra Club only the right to submit limited appearance statements, wholly denies these parties the right to participate as full party intervenors in the remaining CRBR Limited Work Authorintion proceedings. A supporting brief is attached.

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Respectfully submitted, N

Birbara A. Finamore S. Jacob Scherr Attorneys for Intervenors, Natural Resources Defense Council, Inc . and the Sierra Club Dated: February 6, 1984 i

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