ML20031F836
| ML20031F836 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 10/19/1981 |
| From: | Edgar G MORGAN, LEWIS & BOCKIUS |
| To: | Bradford P, Gilinsky V, Palladino N NRC COMMISSION (OCM) |
| Shared Package | |
| ML20031F837 | List: |
| References | |
| NUDOCS 8110200468 | |
| Download: ML20031F836 (2) | |
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X' rha. A.J.;.te.CI 9yy' MORGAN, Lewis & BOCKlUS PH LAccLewsA CoUN S ELOR S AT LAW DOC ETED tos Awacucs N EW YoRx 18 o o M STR EET, N.W.
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$j Tsue. ons:iaoa) e7a sooo October 19, 1981 GEOnot L.EouAn
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e The Honorable Nunzio J. Palladino The Honorable John F. Ahearne Chairman Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
,20555 Washington, D.C.
20555 The Honorable Pet er Bradford The Honorable Thomas M. Roberts Commissioner Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission
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< - [p, The Honorable Victor Gilinsky Commissioner U.S. Nuclear Regulatory OCT2 91981 -
Commission g
Washington, D.C.
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Dear Commissioners:
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I On October 13, 1981, Nuclear Fuel Services, Inc.,
filed a Request for Hearing and a Motion for an Order Postponing the Effectiveness of Amendment (Change 31 to License CSF-1) until a hearing on the amendment was concluded as required by 10 C.F.R. 5 2.204.
In requesting ostponement, NFS also advised the Commission that due to ongoing litigation in the United States District Court for the Western District of New York, it was impera-tive that the Commission act on the Request and Motion as expedi-l l
tiously as possible.
On October 16, 1981, the District Court in l
New York issued an Order (copy attached) requiring NFS to transfer the Western New York Nuclear Service Center to the Department of Energy as permitted by the proposed amendment.
The Court Order takes effect at midnight, October 19, 1981.
If NFS is required to transfer the facility and vacate the Center, NFS will have irretrievably lost its right to a prior
@g hearing as specifically provided in 10 C.F.R. 5 2.204.
NFS therefore requests that the Commission immediately act on NFS's 4
Motion to Postpone the Effectiveness of the License Amendment and stay the effectiveness of that amendment until a hearing is j/
concluded pursuant to 10 C.T.B. 5 2.204.
Alternatively, NFS would agree to a stay for a shorter period of time during which the Commission further reviews NFS's Request for Hearing.
f 91102OO448 811019 LPDR ADDCK 05000201 Y
MORGAN, LEWIS & BOCKlUS U.S. Nuclear Regulatory Commission October 19, 1981 Page Two Due to the urgency of this matter, and in light of the effective date of the District Court Order, NFS respectfully requests that the Commission issue an der postponing or staying the effectiveness of the license amendment no later than 4:30 p.m., October 19, 1981.
If no order is issued by that time, NFS will be forced, however reluctantly, to seek the assistance of the federal courts.
For your convenience, we have prepared a proposed. order for the NRC's consideration postponing the effectiveness of the license amendment for a two week period.
Should the Commission
. issue such an order or dacide not to issue such an order, we would appreciate being notified as soon as possible~.
The undersigned can be reached by telephone at (202) 872-5121.
Respectfully submitted, hpf George L. Edgar Attorney for Nuclear Fuel Services, Inc.
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