ML20012D631
| ML20012D631 | |
| Person / Time | |
|---|---|
| Site: | 05000603, 05000604 |
| Issue date: | 03/21/1990 |
| From: | Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Irving S ALL CHEMICAL ISOTOPE ENRICHMENT, INC. |
| References | |
| CON-#190-10129 87-596-01-OM-SC, 87-596-1-OM-SC, OM-SC, NUDOCS 9003280153 | |
| Download: ML20012D631 (4) | |
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M 2 ! SE) % MAR 22 P7:02 OFrlCE OF SECRFTAD
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. Stephen A..Irving, Esq.
I A1ChemIE West Route 7-Dixon Road
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Lenior City. TN 37.771 i
4 In the Matter of ALL CHEMICAL ISOTOPE ENRICHMENT INC.
(A1ChemIE Facility-1 CPDF)
Docket No. 50-603-0M/SC ASLBP No. 87-596-01-0M/SC l
and In the Matter of ALL CHEMICAL ISOTOPE ENRICHMENT INC.
( A1 Chem!E Facility-2 Oliver Springs)
Docket No. 50-604-0M/SC; ASLBP No. 87-596-01-0M/SC
Dear Mr. Irving:
Pursuant to the Atomic Safety and Licensing Board Memorandum and Order entered in this proceeding on March 15, 1990, a copy of which is attached for your ready reference, discovery commenced on March 20, 1990 and must conclude by April 20, 1990.
The purpose of this letter is to advise you that the NRC staff intends to depose the following named persons:
g John H. Smelser (Former CEO of A1ChemIE)
William A. Pfeifer
. Any person (s) identified by you as potential witnesses for A1ChemIE at any evidentiary hearing which may be held in this matter.
Accordingly, I request that you provide me, in writing, with the following information on or before March 30, 1990:
The current business and residence addresses and telephone numbers for Messrs. Smelser and Pfeifer and any other person (s) you presently intend to call as witnesses for AlchemIE at any
- Copy also sent to Pine Ridge Office Park, 702 South Illinois Avenue, Oak Ridge, TN 37830 which is the address of recard in this proceeding for Stephen A.
Irving,ESQ.
9003280153 900321 PDR ADOCK 05000603
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0 PDR
q i evidentiary hearing which may be held in this i
proceeding (either to appear voluntarily or under subpoena).
I presently contemplate that the depositions of the above-listed persons will be held in either or both Knoxville or Oak Ridge between the dates of April 2 j
1 and 20,1990. Specific times and locations can be discussed with the witnesses (and/or their counsel).
Failure to reach agreement in this regard may result in issuance of subpoenas by the Staff, if authorized by the Board, specifying, inter alia, times and locations for the depositions in question.
In the event I have not received a written response to this letter by March 30, 1990, this is to advise that the Staff intends to move the Licensing Board to dismiss this proceeding on the basis of, inter alia, a total lack of
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prosecution on AlchemIE's part and failure and refusal to comply with the Licensing Boards scheduling Memorandum and Order of March 15, 1990 which was granted on the basis of Staff's unopposed Motion for Issuance of a Licensing Board Scheduling Order dated February 16, 1990.
j As I did at an earlier time in this proceeding, I invite you to contact me by telephone to discuss what I consider may be a vehicle to resolve this proceeding in an amicable manner. My office telephone number is 301-492-1529.
You may also reach me at nty residence by calling the NRC operator at 301-492-7000 Please tell him or her who you are and that you need to contact me at my residence to discuss a matter pending before the NRC.
In the event I am unavailable at my office or residence at the time you call, please continue to try and reach me. I will have to put this burden on you since past efforts on may part to reach you by telephone have been fruitless.
Sincerely, 9A+<wN V klA Bernard M. Bordenick Counsel for NRC Staff cc: Service List
Enclosure:
As stated
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Morton B. Margulies, Chairman Oscar H. Paris Frederick J.
Shon l
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In the Matter of-
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Docket Nos. 50-603 OM/SC 1
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50-604 OM/SC ALL CHEMICAL ISOTOPE I
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ENRICHMENT, INC.
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ASLBP No. 87-596-01-OM/SC (Alchemie Facility-1CPDF)
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and i
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(Alchemie Facility-2 Oliver Springs))
March 15, 1990
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MEMORANDUM AND ORDER By motion dated February 16, 1989, NRC Staff requests that 1
l an order be issued setting a schedule for the further conduct of this proceeding.
No response to the motion has been received from licensee All Chemical Isotope Enrichment, Inc.
In this Memorandum and Order we grant the unopposed motion.
NRC Staff proposes the following schedule to begin following the issuance of the scheduling order.
QAy Event 5
Commence Discovery 35 Complete Discovery 50 File Motion (s) for Summary Disposition 65 Response to Motion (s) for Summary Disposition j
85 Board Ruling on Summary Disposition
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2 D.RZ Event 100 Written Direct Testimony Filed 110 Motions to strike Testimony Filed i
120 Responses to Motions to Strike Testimony Filed 140 Evidentiary Hearing Commences In its motion NRC Staff notes that in the event that the licensee does not respond to the subject motion, or that if it fails to comply with the scheduling order, it will move for the entry of an order dismissing this proceeding.
The Licensing Board has had jurisdiction over this proceeding since September 26, 1989 when it was established.
A reasonable. time has elapsed so that the proceeding should be gotten underway.
Staff's proposed schedule is a reasonable one.
All Chemical Isotope Enrichment, Inc., has not chosen to oppose it.
On that basis the Licensing Board decides to make that proposed its scheduling order.
In entering this scheduling order, it is without prejudice to NRC Staff moving for the entry of an order seeking dismissal of this proceeding should there be a failure to respond to this order.
It is so ORDERED.
For the Atomic Safety and Licensing Board l
Morton B. Margulies
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Administrative Law Ju(dge
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