ML19296C886
| ML19296C886 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 02/14/1980 |
| From: | Sekuler S ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002290020 | |
| Download: ML19296C886 (3) | |
Text
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UNITED STATES OF AMERICA g, g g s 3;
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NUCLEAR REGULATORY COM'4ISSION e.a. C' F C'
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IN THE MATTER OF GENERAL
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ELECTRIC COMPANY,
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Docket No. 70-1308 Materials License No. SNM-1265
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Issued to G.E.
Morris Operatfr Fuel Storage Installation.
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STATE OF ILLINOIS MOTION TO DISMISS PROCEEDING The PEOPLE OF THE STATE OF ILLINOIS (Intervenor), by its Attorney WILLIAM J.
SCOTT, Attorney General of the State of Illinois moves this Honorable Board to dismiss the above-captioned proceeding.
In support of this Motion the Intervenor states as follows:
1.
The Nuclear Regulatory Commission (Commis sion) and the Atomic Safety and Licensing Board (ASLB) are without jurisdiction over the subject matter of this proceeding in that there is no provision in the Atomic Energy Act of 1954, as amended, 42 U.S.C.
2011 et seq., for the licensing and regulation of privately owned, commercial away from reactor storage facilities by the Nuclear Regulatory Commission or any other federal government agency.
2.
The Nuclear Regulatory Commission and the Atomic Safety and Licensing Board are without jurisdiction over the subject matter of this proceeding in that there are no regulations that provide for the licensing and/or regulation of privately owned, commercial 8 002290 C)2 C)
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.- away from reactor spent nuclear fuel storage facilities.
3.
Absent Congressional authorization the Nuclear Regulatory Commission may not promulgate rules and regulations for the licensing and/or regulation of privately owned, commercial, away from reactor spent nuclear fuel storage facilities.
Therefore the final promulgation of the Commission's proposed regulation in 10 C.F.R. Part 72 " Storage of Soent Fuel In An Independent Spent Fuel Storage Installation" cannot vest in the Commission jurisdiction of the subject matter of this proceeding.
WHEREFORE the PEOPLE OF THE STATE OF ILLINOIS pray this Board to dismiss the above captioned proceeding for lack of juris-diction.
Respectfully submitted, i
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SUSAN N.
SEKULER '
Assistant Attorney General OF COUNSEL:
GEORGE WM. WOLFF Chief, Environmental Control Division JOHN VAN VRANKEN, Chief Northern Region, Environmental Control Division DEAN HANSELL Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF
)
)
GENERAL ELECTRIC COMPANY
)
Docket No. 70-1308
)
(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
)
Storage Facility)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Il.linois "oti]n to Disdfb4he above-captioned proceeding have been servec ou rhe rollowing by deposit, first class, in the United States mail, 160 North LaSalle Street, Chicago, Illinois 60601, first class, this 14th day of February, 1980.
Andrew C.
Goodhope, Esq., Chairman Edward Firestone, Esq.
3320 Estelle Terrace Legal Operation Wheaton, MD 20906 General Electric Company 175 Curtner Avenue Dr. Linda W.
Little Fbil Code 822 5000 Hermitage Drive San Jose, CA 95125 Raleigh, NC 27612 Atomic Safety & Licensing Dr. Forrest J.
Remick Board Panel 305 East Hamilton Avenue U.S.
Nuclear Regulatory State College, PA 16801 Commission Washington, D.C.
20555 Ronald Szwajkowski, Esq.
Mayer, Brown & Platt Atomic Safety & Licensing 231 South LaSalle Street Appeal Panel Chicago, Illinois 60604 U.S.
Nuclear Regulatory Commission Bridget Little Rorem Washington, D.C.
20555 Essex, Illinois 60935 Docketing & Service Section Marjorie Ulman Rothschild Office of the Secretary Office of the Legal Director U.S.
Nuclear Regulatory U.S.
Nuclear Refulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 L
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SUSAN N.
SEKULER