ML19281A267
| ML19281A267 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 02/14/1979 |
| From: | Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903090209 | |
| Download: ML19281A267 (4) | |
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UC DOCU3IED R003f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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'BEFORE THE ATOMIC SAFETY' AND LICENSING BOARD 44=
In the Matter of
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NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39 4
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cm (Sheffield, Illinois Low-level
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Radioactive Waste Disposal Site)
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NRC STAFF'S REQUEST FOR' PERMISSION TO ~ FILE REPLY BRIEF The NRC Staff requests permission under 10 CFR 52.730(c) to file a reply brief to Applicant's answer to the "NRC Staff's Opposition to Motion to Suspend Further Proceedings-and Cross Motion To Deny Part of Application."U While there are many matters in Applicant's answer with which Staff dis-agrees, it feels the briefs it formerly filed under the rules of the Com-mission and the affidavits referenced th' 7in suffice to counter to answer Applicant's argument,2_f and to establish the facts in the Staff's affidavits (in the absence of counter affidavits from the Applicant).3_/ However, U
Although Applicant could reply to Intervenor's and Staff's cross-motion, it has no right to answer the oppositions to its original motion to suspend proceeding. To the extent its filing deals with the merits of its original motion it should be disregarded.
See 10 CFR 52.730(c).
2__f N.h. applicant has failed to deal with the facts that by asking for suspension of consideration of its license renewal application it is placing itself in the position of no longer having a " timely and sufficient application" so as to permit it to operate under its original authority (see 5 U.S.C. 558(c)); that it intends to continue activities at the site not permitted without a license such as the processing and solidifcation of waste; that presently expansion of the site may not be permitted consistent with the public health and safety; and that the Commission has stated license applications for low-level waste disposal sites may be processed on an ad hoc basis pending pub-lication of generic rules (see 42 Fed. Reg. 61904 (December 7,1977),
43 Fed. Reg 49811 (October 25,1978)).
l Although disputes of fact cannot be resolved on contrary affidavits, where there is no contrary affidavit, the matters supported by affi-davit may be taken as true and motions decidcd on such a basis.
10 CFR 2.730(a) and (b), see Cleveland Electric Illuminating Co.
(Perry Nuclear Power Plant Units 1 and 2), ALAB-443, 6 NRC 741, 752-754 (1977).
790309 69-0 j?
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the Staff feels it should be afforded an opportunity to comment upon applicant's statements indicating that it does not have possession or responsibility for the waste it buried, if this Board believes those issues need resolution in ruling on the motions under submittal.
It is the NRC Staff's position that the question of a licensee's responsibility for the waste it has placed in the ground is an important matter that the Staff should be given an opportunity to address.
For this reason the NRC Staff respectfully requests permission to file the attached brief on the issue of the licensee's possession of and responsibility for the prevention of lor.g-term harm from the waste it has placed in the ground, if the Board feels that issue must be resolved in ruling on the pending motions.
Respectfu!1y submitted, ana (n
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OT Edwin J. Reis Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 14th day of February, 1979
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S REQUEST FOR PERMISSION TO FILE REPLY BRIEF" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of Februa ry,1979 :
Andrew C. Goodhope, Esq.
Cornelius'J. Hollerich, Esq.
3320 Estelle Terrace State's Attorney
~ Wheaton, Maryland 20906 Bureau County Court House Princeton, Illinois 61356 Dr. Linda W. Little Research Triangle Institute Dean Hansell, Esq.
P. O. Box 12194 Susan N. Sekuler, Esq.
Research Triangle Park, N.C. 27709 State of Illinois Environmental Control Division Dr. Forrest J. Remick 188 West Randolph Street 305'E. Hamilton Avenue Suite 2315 State College, Pennsylvania 16801 Chicago, Illinois 60601 Scott Madson, Esq.
John M. Cannon, Esq.
Assistant State's Attorney Mid-America Legal Foundation 601 South Main Street Suite 2245 Princeton, Illinois 61356 20 North Wacker Drive Chicago, Illinois 60606 D. J. McRae, Esq.
217 West Second Street Kewaunee, Illinois 61443 e
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2-Atomic Safety and Licensing Docketing and Service Section*
Board Panel
- Office of the Secretary U.S. fluclear Regulatory Commission U.S. fluclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licensing Troy B. Conner, Jr., Esq.
Appeal Panel *
!! ark J. Wetterhahn, Esq.
U.S. fluclear Regulatory Commission Conner, Moore & Corber Washington, D. C.
20555 1747 Pennsylvania Avenue, fl.W.
Suite 1050 Robert Russell, Esq.
Washington, D. C.
20006 Johnson, Martin & Russell 10 Park Avenue West Princeton, Illinois 61356 1
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Mtephen/fl. Schinki Counsel for f1RC Staff e
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