ML20006D367

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Memorandum & Order (Request for Briefing Schedule:More Info Needed).* Advises That No Suppl to Committee to Bridge the Gap 900201 Motion Necessary,Per 900201 Telcon W/Judge. Certificate of Svc Encl.Served on 900208
ML20006D367
Person / Time
Site: 07000025
Issue date: 02/08/1990
From: Bloch P
Atomic Safety and Licensing Board Panel
To:
COMMITTEE TO BRIDGE THE GAP
References
CON-#190-9812 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 9002130095
Download: ML20006D367 (4)


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February 8,00 g D 110 FB -8 P2:11 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF SCORETARY 00CKCilNG & SiitVIC[

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ATOMIC SAFETY AND LICENSING BOARD Peter B. Bloch D M 08 m l

Before Administrative Judge In the Matter of Docket No. 70 M i

ROCKWELL INTERNATIONAL Request to Renew i

CORPORATION To October 1990 Rocketdyne Division (Special Material License ASLBP No. 89-594-01-ML l

Humber SNM-21)

MEMORANDUM AND ORDER i

(Request for Briefing Schedule: More Information Needed) b On February 1, 1990, I received a motion (" Request for Briefing Schedule") from Daniel Hirsch on behalf of Committee to Bridge the Gap (Intervenor).

In the motion, Intervenor requested that Rockwell be required to inform the Board at least 45 days before its Trump project is undertaken and to file a brief showing the authorization for start-up prior to a Board decision.

Then the parties would' have 20 days within which to respond.

The motion alleged that (S)hould Rockwell attempt such startup (of its Trump-S Project] prior to the Board's initial

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decision, important legal questions would exist as to whether such startup is legally permissible or proper.

9002130095 900200 PDR ADOCK 07000025 C

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l' However, Intervenor did not explain what important legal l

l questions would exist and hence, in my opinion, the motion I

was incomplete because it did not establish any basis on which the Board might act.

Under the circumstances, I chose to telephone i

intervenor to give it an opportunity to supplement its t

motion and I informed Rockwell that it need not respond at this time.

Yesterday I learned by telephone that intervenor will file the supplement "under protest."

The purpose of this memorandum is to make clear that no supplement is required.

Should intervenor choose not to file a supplement, it may notify me promptly.

If it does supplement its motion, it may address the issues of whether the motion is germane to issues in-the proceeding and why " serious legal questions" i

would be raised by Rockwell proceeding with its project.2 R

ppctfully, ORDERED

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Peter B.

Bloch I

Presiding Officer Bethesda, Maryland 1

1

' Telephone call, February 1, 1990.

2See 10 CFR S 70.33(b), which provides that an existing l

license does not expire during consideration of a timely application for renewal.

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UNITED STATES CF AMERICA l

NUCLEAR RESULATORY COMM!$$10N j

i in the Matter of I

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ROCKWELL INTERNATIONAL CORPORATION I

Occket No. (s) 70-25-ML I

i (Rocketdyne Division, Special I

Nuclear Materials License $NM-21)

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CERTIFICATE OF SERVICE r

I hereby certify that copies of the foregoing LB M60 (REG FOR BRIEFINS...)

have been served upon the f ollowing persons by U.S. esil, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Administrative Judge i

Christine N. Kohl, Chairman

8. Paul Bollwerk, !!!

l Atomic Safety and Licensing Appos!

Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howard A. Wilber Peter B. Bloch Atomic Safety and Licensing Appea',

Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.E Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge

Bustave A. Linenberger, Jr.

Special Assistant Office of the 8eneral Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 R. T.

Lancet Director Daniel Hirsch Rockwell International Corporation President Rocketdyne Division Consittee to Bridge the tap 6633 Canoga Avenue 1637 Butler Avenue, Suite 203 Canoga Park, CA 91304 Los Angeles, CA 90025 Jon Scott Estelle Lit 6 Roundup Road 18233 Bereuda Street Bell Canyon, CA 91307 Northridge, CA 91326 1

F Docket No.(s)70-25-ML L8 M60 (RES FOR BRIEFING...)

Jerose E. Raskins, et. al.

Donald W. Wallace

' c/o 18350 Los Alises 1710 North Cold Canyon Road Northridge, CA 91326 Calabasas, CA 91302 Sheldon C. Plotkin, Ph.0, P. E.

Mary Nichols Esquire Executive Board Representative Counsel for Natural Resources Southern California Federation of Defense Counct!

Scientists 1350 New York Avenue, NW 3318 Colbert Avenue Washington, DC 20005 Los Angeles, CA 90066 Richard Ianon, M.D l

Barbara Johnson President i

President Los Angeles Physicians for Social Busana Knolls Honecaners Association Responsibility c/o 6714 Clear Springs Road 1431 Ocean Avenue, Suite B Susana Knolls, CA 93063 Santa Monica,, CA 90401 1

. Cecelia Rid 4le Senior Librarian Chatsworth Branch Library 21052 Devanshire Street-Chatsworth, CA 91311 6

Dated at Rockville, Md. this 8 day of February 1990 o

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Of fice of the Secretary of the Consission s

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