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Available from Superintendent of Documents U.S. Government Available from Superintendent of Documents U.S. Government Printing Office P.O. Box 37082 Washington, DC 20402-9328 A year's subscription consists of 12 softbound issues, 4 indexes, and 2-4 hardbound editions for this publication. Single copies of this publication are available from National Technical Information Service Springfield, VA 22161 Errors in this publication may be reported to the Division of Freedom of Information and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (301/415-6844) DISCLAIMER This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, make any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof. DISCLAIMER Portions of this document may be illegible in electronic image products. Images are produced from the best available original document. NUCLEAR REGULATORY COMMISSION ISSUANCES OPINIONS AND DECISIONS OF THE NUCLEAR REGULATORY COMMISSION WITH SELECTED ORDERS July 1, 1994 - December 31, 1994 Volume 40 Pages 1 - 387 §¥§m # DISTRIBUTION OF THIS DOCUMENT IS UNMEET On Prepared by the Division of Freedom of Information and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (301/415-6844) COMMISSIONERS Ivan Selin, Chairman Kenneth C. Rogers E. Gail de Planque James M. Taylor, Executive Director for Operations Karen D. Cyr, General Counsel B. PaulCottei*Jr.^Chirf^ministrativje Juage^^oittic?Safety & Licensing Bo 11 ATOMIC SAFETY AND LICENSING BOARD PANEL B. Paul Cotter, Jr.,* Chief Administrative Judge James P. Gleason,* Deputy Chief Administrative Judge (Executive) Frederick J. Shon,* Deputy Chief Administrative Judge (Technical) Chief Administrative Law Judge Morton B. Margulies* Members r. George C. Anderson Dr. Richard F. Foster Dr. Kenneth A. McCollom harles Bechhoefer* Dr. David L. Hetrick Marshall E. Miller :ter B. Bloch* Ernest E. Hill Thomas S. Moore* . Paul Bollwerk III* Dr. Frank F. Hooper Dr. Peter A. Morris lenn O. Bright Elizabeth B. Johnson Thomas D. Murphy* r. A Dixon Callihan Dr. Walter H. Jordan Dr. Richard R. Parizek r. James H. Carpenter Dr. Charles N. Kelber* Dr. Harry Rein r. Richard E Cole* Dr. Jerry R. Kline* Lester S. Rubenstein r. Thomas E. Elleman Dr. Peter S. Lam* Dr. David R. Schink r. George A. Ferguson Dr. James C. Lamb III Ivan W. Smith* r. Harry Foreman Dr. Emmeth A. Luebke Dr. George F. Tidey Permanent panel members iii PREFACE rhis is the fortieth volume of issuances (1 - 387) of the Nuclear Regulatory Commission and its Atomic Safety and Licensing Boards, Administrative Law Judges, and Office Directors. It covers the period from July 1, 1994 - Decem• ber 31, 1994. 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, environmen• talists, 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 'unctions 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 vere transferred to the Nuclear Regulatory Commission by the Energy Reorganization Act of 1974. Appeal Boards represent the final level in the idministrative adjudicatory process to which parties may appeal. Parties, however, ire permitted to seek discretionary Commission review of certain board rulings. Fhe Commission also may decide to review, on its own motion, various decisions >r actions of Appeal Boards. On June 29,1990, however, the Commission voted to abolish the Atomic Safety ind Licensing Appeal Panel, and the Panel ceased to exist as of June 30,1991. In he future, the Commission itself will review Licensing Board and other idjudicatory decisions, as a matter of discretion. See 56 Fed. Reg. 29 & 403 (1991). The Commission also has Administrative Law Judges appointed pursuant to the \dministrative Procedure Act, who preside over proceedings as directed by the Commission. The hardbound edition of the Nuclear Regulatory Commission Issuances is a inal compilation of the monthly issuances. It includes all of the legal precedents or the agency within a six-month period. Any opinions, decisions, denials, nemoranda and orders of the Commission inadvertently omitted from the monthly loftbounds and any corrections submitted by the NRC legal staff to the printed ioftbound issuances are contained in the hardbound edition. Cross references in he text and indexes are to the NRCI page numbers which are the same as the page lumbers in this publication. Issuances are referred to as follows: Commission-CLL Atomic Safety and Jcensing Boards—LBP, Administrative Law Judges~ALJ, Directors' Decisions— DD, and Denial of Petitions for Rulemaking--DPRM. The summaries and headnotes preceding the opinions reported herein are not o be deemed a part of those opinions or to have any independent legal significance. v CONTENTS Issuances of the Nuclear Regulatory Commission GEORGIA POWER COMPANY, et al. (Vogtle Electric Generating Plant, Units 1 and 2) Dockets 50-424-OLA-3, 50-425-OLA-3 Memorandum and Order, CLI-94-15, December 21, 1994 319 GULF STATES UTILITIES COMPANY, et al. (River Bend Station, Unit 1) Docket 50-458-OLA Memorandum and Order, CLI-94-10, August 23, 1994 43 SACRAMENTO MUNICIPAL UTILITY DISTRICT (Rancho Seco Nuclear Generating Station) Docket 50-312-DCOM Order, CLI-94-14, September 2, 1994 133 SEQUOYAH FUELS CORPORATION and GENERAL ATOMICS (Gore, Oklahoma Site) Docket 40-8027-EA Order, CLI-94-9, July 21, 1994 1 Order, CLI-94-11, August 23, 1994 55 Memorandum and Order, CLI-94-12, August 23, 1994 64 Memorandum and Order, CLI-94-13, August 23, 1994 78 Issuances of the Atomic Safety and Licensing Boards CAMEO DIAGNOSTIC CENTRE, INC. Docket 30-29567-CivP Decision, LBP-94-34, November 1, 1994 169 CHEMETRON CORPORATION (Bert Avenue, Harvard Avenue, and McGean-Rohco Sites, Newburgh Heights and Cuyahoga Heights, Ohio) Docket 40-8724-MLA Memorandum and Order, LBP-94-20, July 7, 1994 17 Memorandum and Order, LBP-94-30, September 1, 1994 135 DR. JAMES E. BAUER (Order Prohibiting Involvement in NRC-Licensed Activities) Docket IA-94-011 Memorandum and Order, LBP-94-40, December 9, 1994 323 vii ENERGY FUELS NUCLEAR, INC. Docket 40-868 l-MLA-3 Memorandum and Order, LBP-94-33, October 21, 1994 151 GEORGIA POWER COMPANY, et al. (Vogtle Electric Generating Plant, Units 1 and 2) Dockets 50-424-OLA-3, 50-425-OLA-3 Memorandum and Order, LBP-94-22, July 28, 1994 37 Memorandum and Order, LBP-94-24, August 18, 1994 83 Memorandum and Order, LBP-94-26, August 22, 1994 93 Memorandum and Order, LBP-94-27, August 26, 1994 103 Memorandum and Order, LBP-94-31, September 9, 1994 137 Memorandum and Order, LBP-94-37, November 8, 1994 288 INDIANA REGIONAL CANCER CENTER Docket 030-30485-EA Memorandum and Order, LBP-94-21, July 12, 1994 22 Memorandum and Order, LBP-94-36, November 4, 1994 283 INDIANA UNIVERSITY SCHOOL OF MEDICINE (Indianapolis, Indiana) Docket 030-09792-CivP Memorandum and Order, LBP-94-28, August 29, 1994 117 KELLI J. HINDS (Order Prohibiting Involvement in Licensed Activities) Docket IA-94-012 Memorandum and Order, LBP-94-32, October 3, 1994 147 LOUISIANA ENERGY SERVICES, L.P. (Claiborne Enrichment Center) Docket 70-3070-ML Memorandum and Order, LBP-94-38, November 18, 1994 309 NUCLEAR SUPPORT SERVICES, INC. (Order Requiring the Removal of an Individual from NRC-Licensed or Regulated Activities and Order Directing Review of Personnel Security Files (Effective Immediately)) Docket EA 93-236 Memorandum and Order, LBP-94-25, August 18, 1994 88 ONCOLOGY SERVICES CORPORATION Docket 030-31765-EA Memorandum and Order, LBP-94-29, August 31, 1994 123 PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1 and 2) Dockets 50-275-OLA-2, 50-323-OLA-2 Initial Decision, LBP-94-35, November 4, 1994 180 viii ROBERT C. DAILEY (Order Prohibiting Involvement in Certain NRC-Licensed or Regulated Activities (Effective Immediately)) Memorandum and Order, LBP-94-25, August 18, 1994 88 SACRAMENTO MUNICIPAL UTILITY DISTRICT (Rancho Seco Nuclear Generating Station)
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