NUCLEAR REGULATORY COMMISSION ISSUANCES OPINIONS AND DECISIONS OF THE Prepared by the Division of Rules and Records, Office of Administration, (301/492-7086) Available from GPO Sales Program Phoenix HD 9698 105 A396 COMMISSIONERS Joseph M. Hendrie, Chairman Victor Gilinsky Richard T. Kennedy Peter A. Bradford Lee V. Gossick, Executive Director for Operations Howard K. Shapar, Executive Legal Director Alan S. Rosenthal, Chairman, Atomic Safety & Licensing Appeal Panel ATOMIC SAFETY AND LICENSING APPEAL PANEL Alan S. Rosenthal, Chairman Dr. John H. Buck, Vice Chairman Members Dr. Lawrence R. Quarles Michael C. Farrar Richard S. Salzman Dr. W. Reed Johnson Jerome E. Sharfman ATOMIC SAFETY AND LICENSING BOARD PANEL Dr. George C. Anderson Elizabeth S. Bowers* John H. Brebbia R. B. Briggs Glenn O. Bright* Dr. A. Dixon Callihan James R. Yore,* Chairman Dr. E. Leonard Cheatum Hugh K. Clark Dr. Richard F. Cole* Frederic J. Coufal* Dr. Frederick P. Cowan Dr. Franklin C. Daiber Valentine B. Deale Ralph S. Decker Dr. Donald P. deSylva Michael A. Duggan Dr. Kenneth G. Elzinga Dr. George A. Ferguson Dr. Harry Foreman John M. Frysiak* Michael L. Glaser Andrew C. Goodhope *Full-time panel members Members Dr. David B. Hall Dr. Cadet H. Hand, Jr. Dr. Robert L. Holton Dr. Frank F. Hooper Dr. John R. Lyman Dr. Kenneth A. McCollom ADMINISTRATIVE LAW JUDGE Samuel W. Jensch Dr. Marvin M. Mann * Dr. William E. Martin Gary L. Milhollin Marshall E. Miller * Dr. Oscar H. Paris* Dr. Hugh C. Paxton Dr. Paul W. Purdom Dr. Forrest J. Remick Dr. Ernest O. Salo Dr. David R. Schink PREFACE This is the seventh volume of issuances (1 1066) of the Nuclear Regulatory Commission and its Atomic Safety and Licensing Appeal Boards, Atomic Safety and Licensing Boards, and Administrative Law Judge. It covers the period from January 1, 1978 to June 30, 1978. Atomic Safety and Licensing Boards are authorized by Section 191 of the Atomic Energy Act of 1954. These Boards, comprised of three members conduct adjudicatory hearings on applications to construct and operate nuclear power plants and related facilities and issue initial decisions which, subject to internal review and appellate procedures, become the final Commission action with respect to those applications. Boards are drawn from the Atomic Safety and Licensing Board Panel, comprised of lawyers, nuclear physicists and engineers, environmentalists, chemists, and economists. The Atomic Energy Commission first established Licensing Boards in 1962 and the Panel in 1967. Beginning in 1969, the Atomic Energy Commission authorized Atomic Safety and Licensing Appeal Boards to exercise the authority and perform the review functions which would otherwise have been exercised and performed by the Commission in facility licensing proceedings. In 1972, that Commission created an Appeal Panel, from which are drawn the Appeal Boards assigned to each licensing proceeding. The functions performed by both Appeal Boards and Licensing Boards were transferred to the Nuclear Regulatory Commission by the Energy Reorganization Act of 1974. Appeal Boards represent the final level in the administrative adjudicatory process to which parties may appeal. Parties, however, are permitted to seek discretionary Commission review of certain board rulings. The Commission also may decide to review, on its own motion, various decisions or actions of Appeal Boards. The Commission also has an Administrative Law Judge appointed pursuant to the Administrative Procedure Act, who presides over proceedings as directed by the Commission. This volume is made up of pages from the six monthly issues of the Nuclear Regulatory Commission publication Nuclear Regulatory Commission Issuances (NRCI) for this period, arranged in chronological order. Cross references in the text and indexes are to the NRCI page numbers which are the same as the page numbers in this publication. Issuances are referred to as follows: Commission--CLI, Atomic Safety and Licensing Appeal Boards--ALAB, Atomic Safety and Licensing Boards--LBP, and Administrative Law Judge--ALJ. The summaries and headnotes preceding the opinions reported herein are not to be deemed a part of those opinions or to have any independent legal significance. |