Report of the Attorney General to the Safe Growth Cabinet Council Page: 41 of 68
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General Scanlon
Page 12
November 14, 1985
lations by the time the proposed MRS becomes operational,
the Department has expressly indicated that it will not
follow such guidelines for the shipments under the DOE-VEPCO
agreement. Were DOE to choose to implement the NRC require-
ments earlier than first envisioned, it would also be forced
to abide by the NRC’s mandate that written prenotification
of shipments be given to the states. DOE's staunch reluc-
tance to provide such structured advance notice at this time
makes this scenario highly improbable.
As a result, the situation will most likely evolve
into one where DOE, acting under its own guidelines, demands
safeguarding of scheduling information even though the
applicable federal plan does not require preemption of the
state public records law that might allow for disclosure of
the sensitive information. The "safeguard communications"
can remain confidential under Tennessee law, however, if the
courtesy notification is never reduced to record form as
defined in T.C.A. § 10-7-301(5).
The PSC proposes to receive the initial "courtesy
communication" from DOE without recording the conversation
or reducing it to writing. The PSC official will then
notify a PSC inspector to be at a particular interstate
weigh station on a designated day. By inspecting all trucks
that enter that weigh station, the inspector will also be
able to examine, for safety defects, the vehicle
transporting the spent nuclear fuel pursuant to the
DOE-VEPCO agreement.
In addition to the PSC, the Tennessee Emergency
Management Agency (TEMA) receives information regarding
transportation of hazardous materials through the state.
See, T.C.A. § 58-2-301. Any accident involving such
materials must be reported to TEMA, id., where the report is
recorded as described on page 10, supra.
Furthermore, TEMA has been designated by executive
order as the agency with primary responsibility and
authority for activities to be undertaken in connection with
accidents involving hazardous materials. Executive Order of
the Governor of the State of Tennessee, No. 38,
September 20, 1976. TEMA is also required to maintain
records of all accident or incident reports concerning acci-
dents involving hazardous materials. T.C.A. § 58-2-303.
B-12
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Cody, W.J. Report of the Attorney General to the Safe Growth Cabinet Council, report, September 23, 1985; United States. (https://digital.library.unt.edu/ark:/67531/metadc1094074/m1/41/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.