ML20032A151
| ML20032A151 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 10/26/1981 |
| From: | Wolf J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8110280373 | |
| Download: ML20032A151 (4) | |
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<c ger"'t,, -s UNITED STATES OF AMERICA 9
NUCLEAR REGULATORY COMMISSION 3 OCT2 71981 i;,
BEFORE THE COMMISSION
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[jl c)j[T,[l { \\ 0 In the Matter of
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NUCLEAR FUEL SERVICES, INC.
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Docket No. 50-201
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Provisienal Operating _
NEW YORK STATE ENERGY RESEARCH
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License No. CSF-1 AND DEVELOPMENT AUTHORITY
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(Western New York Nuclear
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Service Center)
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RESPONSE OF NRC STAFF TO NUCLEAR FUEL SERVICES REQUEST FOR A HEARING J
James R. Wolf Counsel for NRC Staff October 26, 1981 DESIGNATED ORIGINAI; certifiert py gd
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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NUCLEAR FUEL SERVICES, INC.
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and Docket No. 50-201
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Provisional Operating NEW YORK STATE ENERGY RESEARCH
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License No. CSF-1 AND DEVELOPMENT AUTHORITY
)
(Western New York Nuclear
)
Service Center)
)
RESPONSE OF NRC STAFF TO NUCLEAR FUEL SERVICES REQUEST FOR A HEARING Nuclear Fuel Services, Inc. (NFS), co-holder with the New York State Energy Research and Development Authority of License no. CSF-1, filed with the Cominission, on October 13, 1981, a request for a hearing in connection with the amendment (Change No. 31) to the license that was issued by the NRC on September 30, 1981.
The NRC staff has no objection to the grant of the request by NFS for a hear-ing in connection with Change No. 31. As a person whose interest may be affected by the amending of its license, NFS is entitled to such a hearing pursuant to Section 189(a) of the Atomic Energy Act of 1954, 42 U.S.C. 92239, as amended. Most of the issues sought to be litigated by NFS, if not all of them, involve legal questions which may be disposed of by summary disposition on the pleadings.
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-a 2-NFS cites, in addition to Section 189(a) of the Atomic Energy Act, the pro-vision of 10 C.F.R. 92.204 with respect to the modification of a license by order. Ilowever, this regulation is not gennane. The license amendment was issued in response to the application of one of the licensees. The license amendment was not an enforcement action.
It requires nothing of the licen-see or any other person.
It orders neither the doing nor the refraining from doing of anything.
Subpart A of 10 C.F.R. Part 2 prescribes the procedures for amendment of a license.
10 C.F.R. 92.100. The procedures set forth in Subpart A, rather than those provided in 10 C.F.R. 92.204, were therefore followed to the extent applicable.
For the reasons stated, the NRC staff has no objection to the grant of the NFS request for hearing.
Respectfully submitted, 7
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James R. Wolf
' Counsel for WRC Staff Dated at Bethesda, Maryland this 26th day of October 1981 n
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UNITED 5TATES ri AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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NUCLEAR FUEL SERVICES, INC.
and
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Docket No. S0-201
)
Provisional Operating NEW YORK STATE ENERGY RESEARCH
)
License No. CSF-1 AND DEVELOPMENT ALTHORITY
)
(Western New York Nuclear
)
Service Center)
)
CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF NRC STAFF TO NUCLEAR FUEL SERVICES REQUEST FOR A HEARING and RESPONSE OF NRC STAFF IN OPPOSITION TO NFS MOTION FOR ORDER POSTP0NING THE EFFECTIVENESS OF LICENSE AMENDMENT in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 26th day of October,1981.
Samuel J. Chilk
- Carmine J. Clemente, Esq.
Secretary of the Commission General Counsel U.S. Nuclear Regulatory Commission New York State Energy Research Washington, D.C.
20555 and Development Authority Two Rockefeller Plaza Albany, New York 12223 Leonard Bickwit, General Counsel
- U.S. Nuclear Regulatory Commission Philip H. Gitlen, Esq.
Washington, D.C.
20555 Whiteman Osterman & Hanna 99 Washington Avenue Docketing and Service Section
- Albany, New York 12210 Office of the Secretary U.S. Nuclear Regulatory Commission Warren E. Begholz, Jr., Esq.
Washington, D.C.
20555 Office cf the General Counsel U.S. Department of Enemy Orris S. Hiestand, Esq.
1000 Independence Avenue, S.W.
Mo gan, Lewis & Bockius Washington, D.C.
20587 1800 M Street, N.W.
Washington, D.C.
20036
[JawsT. Wolf
'ounsel for NRC St f
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