ML20006D783

Advises That Board Concluded That Holding Prehearing Telcon Re Scheduling Considered Premature Due to Lack of Record,Per .Request for Future Scheduling Suggested to Be Submitted.W/Certificate of Svc.Served on 900209

ML20006D783
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	02/08/1990
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#190-9821 OM-SC, NUDOCS 9002150064
Download: ML20006D783 (2)

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UNITED STATES i

NUCLEAR REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING BOARD PANEL

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WASHINGTON, D.C,20555 000hE1ED USNBC February 8, 1990

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OfflCE Of SECRETARY 00CKEllNG A SlitVICL Bernard M. Bordenick,.Esq.

BRANC61 Office of the General Counsel U.

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Nuclear Regulatory Commission-gg 091990 Washington, D.

C.

20555 In the Matter of All Chemical Isotope Enrichment, Inc.

'(Construction Permit Nos. CPEP-1 and CPEP-2) e pocket Nos. 50-603 and 50-604-OM/SC

Dear Mr. Bordenick:

This is in response to your letter of February 1, 1990 in which you suggest that the Board hold an on the record telephone prehearing conference in regard to scheduling.

The Board has considered the matter and has concluded that it would be premature to do this considering a lack of a record on which~to act.

It is evident from what you state in your letter of.

January.26, 1990 that the position of the parties is very far apart.

You advised that the Staff is~considering the issuance of-an order that would revoke Construction Permit No. CPEP-1 and CPEP-2, and All Chemical Isotope Enrichment, Inc. seeks to have the captioned proceeding held in abeyance indefinitely.

It appears that a better way to proceed would be for the Staff to file with the Board a specific request for future scheduling and have All Chemical Isotope Enrichment, Inc.

respond, as provided for in the Rules of-Practice.

With that before us, the Board will decide on holding a prehearing

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conference.

Sincerely, c'

Morton B.

Margulies, Chairman Administrative Law Judge cc:

Service List 9002150064 900208

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i UNITED'STATEB 0F AMERICA NUCLEAR RESULATORY COMM18810N In the Matter of I

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ALL CHEMICAL ISOTOPE l

Docket No.(s) 50-603/604-0M/BC ENRICHMENT, INC.

1 (Construction Permit Nos. CPEP-1 and l

CPEP-2) i I

. l CERTIFICATE OF SERVICE i

r I hereby certif y that copies of the f oregoing LTR MAR 80 LIES TO BORDENICK 2/8-

.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.

Atomic Safety'and Licensing Appeal Administrative Judges Board Morton B. Margulies, Chatraan U.S. Nuclear Regulatory Cosaission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Consission Washington, DC 2055S Administrative-Judge Administra'tive Judge

' Oscar H. Paris Frederick J.~ Shen Atomic Safety and Licensine Board Atomic Safety and Licensing Board

.U.S. Nuclear-Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Bernard M. Bordenick, Esquire Stephen A.

Irving, Esq.

Office of the General Counsel All Cheatcal Isotope Enrichsent, Inc.

U.S. Nuclear Regulatory Commission Pine Ridge Office Park hashington, DC 20555 702 Illinois Avenue, Suite 202-8 Dak Ridge, TN 37030 Dated at Rockville, Md. this 9 day of February 1990

... @ 7f the Secretary of the Consission Office n

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