CLI-97-04, Order (CLI-97-04).* Informs of Decision to Grant NEI Motion for Leave to File Amicus Curiae Brief in Appeal of ASLB Second Initial Decision LBP-96-25 & Licensee Motion for Deferral,In Part.W/Certificate of Svc.Served on 970321
| ML20137F371 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 03/21/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | LOUISIANA ENERGY SERVICES, NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| References | |
| CON-#297-18226 CLI-97-04, CLI-97-4, LBP-96-25, LBP-97-03, LBP-97-3, ML, PLED-970320, PLED-970321, NUDOCS 9704010088 | |
| Download: ML20137F371 (6) | |
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l DOCKETED UNITED STATES ggggg NUCLEAR REGULATORY COMMISSION t
COMMISSIONERS:
37 MAR 21 P2 :26 Shirley Ann Jackson, Chairman Kenneth C.
Rogers OfflCE OF 6ECRt iARY Greta J. Dicus 00CKETING A 5EP /'Cr Nils J. Diaz B D.4 NC r' Edward McGaffigan, Jr.
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i In the matter of
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i Louisiana Energy Services
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Docket No. 70-3070-ML
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(Claiborne Enrichment Center) )
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1 CLI-97-4 l
ORDER The Commission has before it two contested motions in the l
proceeding on Louisiana Energy Service's (LES's) application for construction and operation of the Claiborne Enrichment Center near Homer, Louisiana.
The first is the Nuclear Energy Institute's (NEI's) motion for leave to file an amicus curiae brief in the appeal of the Atomic Safety and Licensing Board's second Partial Initial Decision, LBP-96-25.
The second is LES's r
motion for deferral of the schedule for seeking Commission review of the Board's third Partial Initial decision, LBP-97-3.
We have decided to grant NEI's motion, and LES's motion in part, and to make appropriate adjustments in the briefing _ schedule and page i
limits.
Attached to NEI's motion is the amicus brief itself.
1.
NEI seeks leave to file its brief because it believes that LBP-i i
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96-25 rests on "significant legal error which, if allowed to.
stand, could severely affect the interests of the nuclear energy l
industry."
The intervenor, Citizens Against Nuclear Trash (CANT), opposes NEI's motion and requests that the Commission deny it.
According to CANT, it would be " unduly burdensome" to i
require CANT, with its " extremely limited resources," to respond to yet another entity's arguments, when the license applicant is
" adequately represented by two large law firms with significant resources."
In the alternative, CANT requests that it be given sufficient time to respond to the NEI brief.
NEI's motion for leave to file the amicus brief is granted.
CANT will suffer no substantive prejudice from the amicus filing:
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"[A)n amicus curiae necessarily takes the proceeding as it finds j
it.
An amicus curiae can neither inject new issues into a proceeding nor alter the content of the record developed by the parties."
Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-862, 25 NRC 144, 150 (1987) (footnote omitted).
We adjust CANT's briefing deadline and page limits as indicated below so that CANT's brief can take account of the NEI filing.
LES's motion requests that the Commission defer the 2.
l filing of petitions for review of the third Partial Initial until after a fourth Partial Initial Decision Decision, LBP-97-3, I
is issued sometime in the near future.
LES states that "this approach will allow LES, and indeed all parties, to evaluate 4
whether to file a petition for review based upon both partial I
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decisions, and would allow the two partial decisions to be addressed simultaneously and therefore most efficiently."
1 CANT opposes the motion.
According to CANT, LES's approach would be " unduly burdensome and unfair" because it might require CANT to simultaneously address both LBP-97-3 and the Board's forthcoming decision.
However, a proposed filing schedule submitted by CANT indicates that CANT does not object to delaying the filing of a petition for review of LBP-97-3.
j We have decided against mandating simultaneous petitions, because the two decisions likely will address quite separate issues:
decommissioning funding (LBP-97-3) and " environmental justice" (the anticipated fourth Partial Initial Decision).
i However, to the extent that LES's motion requests a delay in filing a petition for review, we grant the motion.
We anticipate that the parties can better evaluate the need for and scope of further petitions after they have the opportunity to review the Board's fourth Partial Initial Decision, which we expect to be issued by May 1, 1997.
3.
To accommodate the NEI amicus b~
2, we amend the briefing schedule and page limits with respect to LBP-96-25 as follows:
(1)
CANT shall file a single responsive brief on or before May 1, 1997.
Its brief shall not exceed 55 pages.
(2)
The reply briefs shall be filed on or before May 15, 1997.
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5 To accommodate the delay in filing petitions for reviewarf i
l LBP-97-3, we establish the following schedule:
I 1)
Petitions for Review of LBP-97-3 shall be filed within 7 days after the date of issuance of the fourth Partial Initial Decision.
shall 2)
Responses to any petition for review of LBP-97-3 be filed in accordance with 10 C.F.R. S 2.786 (b) (3).
Finally, the deadline for filing petitions for review of the fourth Partial Initial Decision is exte'nded by 7 days beyond the deadline established by 10 C.F.R. S 2.786 (b) (1).1 In-all other respects, all petitions and responses shall be filed in i
accordance with 10 C.F.R. 5 2.786.
For the Commission
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,/ John C.Gioyle
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Secq'etary of the Commission I
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Dated at Rockville, Maryland, F
thisf/ day of March, 1997.
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. We have attempted to devise a schedule that avoids 1
simultaneous filings.
However, we recognize that depending on the date of issuance of the fourth Partial Initial Decision this schedule may need to be readjusted.
The parties remain free to request an adjustment in this schedule if they believe that circumstances warrant it.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
In the Matter of LOUISIANA ENERGY SERVICES, L.P.
Docket No.(s) 70-3070-ML 4
(Claiborne Enrichment Center SNM License)
CERTIFICATE OF SERVICE I hereby certify that copies of the f'oregoing CLI-97-04 DATED 3/21/97 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office of Commission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Eugene Holler, Esq.
Janice E. Moore, Esq.
Diane Curran, Esq.
i Office of the General Counsel Harmon, Curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 i
U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 j
Jay E. Silberg, Esq.
Roland J. Jensen i
Counsel for NEI President Shaw, Pittman, Potts & Trowbridge Lousiana Energy Services, L.P.
2300 N Street, N.W.
2600 Virginia Avenue, N.W., Suite 608 Washington, DC 20037 Washington, DC 20037 i
6 Docket No.(s)70-3070-ML CLI-97-04 DATED 3/21/97 j
Robert G. Morgan Licensing Manager J. Michael McGarry, III, Esq.
LES - c/o Duke Engineering and Counsel for LES Services, Inc.
Winston & Strawn PO Box 1004 1400 L Street, N.W.
Charlotte, NC 28201 Washington, DC 20005 Ronald Wascom Nathalie M. Walker, Esq.
Deputy Assistant Secretary Robert B. Wiygul, Esq.
Office of Air Quality & Rad. Protection Sierra Club Legal Defense Fund, Inc.
Dept. of Environmental Quality 400 Magazine Street, Suite 401 P.O. Box 82135 New Orleans, LA 70130 Baton Rouge, LA 70884 Dated at Rockville, Md. this 21 day of March 1997 j
Office of th @ cretary of the Commission
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