ML20005B904
| ML20005B904 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 09/14/1981 |
| From: | Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109160098 | |
| Download: ML20005B904 (3) | |
Text
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09/14/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ARMED FORCES RADI0 BIOLOGY RESEARCH Docket No. 50-170 INSTITUTE
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(Renewal of Facili c) (
(TRIGA-Type Research Reactor)
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License No. R-g n-
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NRC STAFF RESPONSE T0 2
LICENSEE'S MOTION TO STRIKE Z
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INTRODUCTION 0)
On August 27, 1981, the Armed Forces Radiobiology Research In
( AFRRI or Licensee) filed Licensee's Motion to Strike (Motion) dated August 26, 1981 before this Atomic Safety and Licensing Board.
The Motion moved the Board to strike from the record of this proceeding a letter dated August 7,1981 from Citizens for Nuclear Reactor Safety (CNRS), Petitioner in this proceeding, to the Secretary, Nuclear Regulatory Commission. As discussed below, the letter is not part of this proceeding, and therefore the Licensee's request is moot and the Motion should be denied.
II.
DISCUSSION The letter from CNRS wnich is the subject of the Licensee's Motion was addressed to the Secretary and requested a public hearing on AFRRI's application for renewal of Byproducts Material License No. 19-08330-03 (Docket No. 30-6931).
That liceri.;e i_ different from the license in this proceeding and relates to a different facility.
The letter was no' filed in this docket and courtesy copies only were provided to those persons on the service list for this docket.
0109160098 810914
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. III.
CONCLUSION The letter from CNRS to the Secretary dated August 7,1981 is not part
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of the record in this proceeding, and therefore the Licensee's Motion is moot and should be denied.1/
Respectfully submitted, Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of September,1981
--1/
During a telephone conversation on August 13, 1981 between counsel for CNRS and counsel for the Staff, CNRS agreed to substitute for the letter of August 7,1981 a Petition for Leave to Intervene (Petition) i before the Commission in the matter of the Byproduct Materials License.
The conversation was confirmed by letter dated August 18, 1981 (Attach-ment A), copy to the Secretary.
Subsequently, CNRS filed on a different docket its Petition before the Commission on August 29, 1981.
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Docket No. 30-6931 August 18, 1981 Ms. Elizabeth Entwisle 8118 Hartford Avenue Silver Spring, MD 20910
Dear Ms. Entwisle:
This is to confirm our telephone conversation of August 13,1981, which was in rasponse to your letter to the Secretc.ry of the Comission dated August t, 1981, on behalf of Citizens for Nuclear Reactor Safety, which requested a hearing on the application for renewal of Byproduct Materials License No. 19-08330-03.
As I informed you, NRC Materials License No. 19-08330-03 for the Armed Furces Radiobirlogy Research Institute Cobalt Facility was renewed on July 28,198] with an expiration date of July 31, 1986.
However, pursuant to Section 189a of the Atomic Energy Act of 1954, as amended, a person whose interest may be affected by this action may request a hearing, even though the renewal has been granted.
As a result of our discursion, you intend now to submit a petition for leave to intervene in this proceeding in accoraance with 10 CFR 9 2.714 of the Commission's regulations. This petition will replace your letter of August 7,1981, to which no further response will be necessary.
Please contact me if you have any questions.
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N Tichard G. Bachmann Counsel for HRC Staff cc:
Samuel Chilk, Secretary, HRC uff C F v
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC (AFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-170 ARMED FORCES RADI0 BIOLOGY RESEARCH
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INSTITUTE
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(Renewal of Facility.
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License No. R-84)
(TRIGA-Type Research Reactor)
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i CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO LICENSEE'S MOTION TO STRIKE" 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 Septamber, 1981:
Louis J. Carter, Esq., Chairman Ms. Elizabeth B. Entwisle Administrative Judge 8118 Hartford Avenue Atomic Safety and Licensing Board Silver Spring,110 20910 23 Wi'tshire Road Philadelphia, PA 19151 Atomic Safety and Licensing Board Panel
- Mr. Ernest E. Hill U.S. Nrclear Regulatory Commission Administrative Judge Washi.yton, DC 20555 t
Lawrence Livermore Laboratory University of California Atomic Safety and Licensing Appeal P.O. Box 808, L-123 Panei (5)*
Livermore, CA 94550 U.S. iluclear Regulatory Commission Washington, DC 20555 '
Dr. David R. Schink Administrative Judge Docketing and Service Section*
Department of Oceanegraphy Offi>
of the Secretary Texas A&M University U.S. Nuclear Regulatory Commission College Station, TX 77840 Washington, DC 20555 Mr. Robert L. Brittigan, Esq.
General Counsel
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Defense Nuclear Agency Washington, DC 20305 Richard G. Bachmann Counsel for NRC Staff
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