ML20024F836
| ML20024F836 | |
| Person / Time | |
|---|---|
| Site: | 07000270 |
| Issue date: | 11/17/1990 |
| From: | Green L GREEN, HENNINGS & HENRY |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#490-11140 HP-3, NUDOCS 9012260292 | |
| Download: ML20024F836 (2) | |
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sons n Gntsw a u n o* a satta rooo Lewis C. GREEN uson. ceti.. cme, a etwuteuero I
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C ABLE ADDRE SS November 17,1990 n * "
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Office of the Secretary United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section Re:
The Curators of the University of Missouri
" Request for Hearing and Stay Pending Hearing" filed by Lewis C. Green on November 2,1990 Docket No. 70-00270 -//p. 3
Dear Sir:
We have received a copy of a letter addressed to you dated November 12, 1990, from Maurice Axelrad, counsel for the Curators of the University of Missouri.
In response to that letter, we respectfully submit the following:
1.
The writing of extensive !ctters addressed to the Office of the Secretary, at this point, seems inappropriate. The Secretary's job, with relation to this request for a hearmg, is to maintain a docket, and maintain the f4es and records, and forward the Request to the ASLB panel or the Chief Administrative Law Judge. 10 CFR # 2.702.
This Request conforms to the pleading requirements and sets forth an arguable basis for further proceedings. If the basis were not arguable, Mr. Axelrad would not have needed three pages, single spaced, to argue, and present extraneous information or misinformation. The Secretary's job is not resolve disputed issues but to forward papers.
2.
Mr. Axelrad argues that Judge Bloch already authorized the Staff to amend the license, and ruled that the Licensee "can also possess the associated "PU."
Even
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i before Judge Bloch withdrew those tw, sentences, they could not be used to deny a hearing, in violation of the Fifth Amendment and 42 U.S.C s 2239(a). Now that they have been withdrawn, by order of November 15, they can hardly preclude this proceeding.
In summary, the Secretary has no business evaluating briefs and deciding legal issues. The Licensee's effort to involve the Secretary in making such decisions is wholly l
improper. The Request should be duly forwarded for assignment of an Administrative Law Judge.
Respec f
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o CERTIFICATE OF BERVICE True copics of the foregoing were nailed this [() Iday of / !D LO-tm b < \\f 19 90, by first class mail, postage prepaid, to:
Maurico Axelrad, Esq.
Newman & Holtzinger, P.C.
Suite 1000 1615 L Strcot, N.W.
Washington, DC 20036 Director Research Reactor Facility Research Park University of Missouri Columbia, Missouri 65211 Ms. Betty H. Wilson Market Squaro Office Building P.
O. Box 977 Columbia, MO 65205 Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attn: Docketing and Servico Branch (original plus two copics)
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety Licensing and Appeal Board Panel U.S. Nuclear Regu)atory Commission Washington, DC 20555 (three copies)
Executive Director for Operations Washington, DC 205 5' y Commission U.S. Nuclear Regulator
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