NUCLEAR REGULATORY COMMISSION

ISSUANCES

OPINIONS AND DECISIONS OF THE
NUCLEAR REGULATORY COMMISSION
WITH SELECTED ORDERS

For sale by the Superintendent of Documents, U.S. Government Printing Office

Alan S. Rosenthal, Chairman, Atomic Safety & Licensing Appeal Panel Nathaniel H. Goodrich, Chairman, Atomic Safety & Licensing Board Panel James R. Yore, Acting Chairman, Atomic Safety & Licensing Board Panel

+ Full-time Licensing Board Panel members.

Transferred Nov. 21, 1975.

§ Resigned July 31, 1975.

PREFACE

This is the second volume of issuances of the Nuclear Regulatory Commission and its Atomic Safety and Licensing Appeal Boards and Atomic Safety and Licensing Boards. It covers the period from July 1, 1975, to December 31, 1975.

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. The Commission may, however, on its own motion, direct the certification of the record of any proceeding for review by it.

This volume is made up of reprinted pages from the six monthly issues of the Nuclear Regulatory Commission publication Nuclear Regulatory Commission Issuances (NRCI), for this time period, arranged in chronological order. Cross references in the text and indexes are to 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 Appeals Boards-ALAB, and Atomic Safety and Licensing BoardsLBP.

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.