ML20032A161
| ML20032A161 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 10/20/1981 |
| From: | Edgar G MORGAN, LEWIS & BOCKIUS, NUCLEAR FUEL SERVICES, INC. |
| To: | U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT |
| Shared Package | |
| ML20032A162 | List: |
| References | |
| NUDOCS 8110280385 | |
| Download: ML20032A161 (4) | |
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IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DOLMETED USNRC so'LN U
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'81 (CT 22 P1:45 Nuclear Fuel Services, Inc.,
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Petitioner,
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0FFICE OF SECRETAPY
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Respondent.
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PETITION FOR REVIEW Pursuant to 28 U.S.C.
5 2344, 42 U.S.C. $ 2239(b) a P.ule 15 of the Federal Rules of Appellate Procedure, Nuclear Fuel Services, Inc. ("NFS") hereby petitions this Court for review of the United States Nuclear Regulatory Commission ("NRC or Commission") Order entitled " Issuance of Amendment to Facility License No. CSF-1," dated September 30, 1981.
Venue exista in this Court by virtue of 28 U.S.C.
5 2343.
In the aforementioned Order, the Commission authorized an amendment to a license to operate a nuclear fuel reprocessing facility held jointly by NFS and the New York State Energy Research and Development. Authority (" Authority" or "NYERDA").
The amend-ment authorized the temporary transfer of that facility to the United States Department of Energy (" DOE").
The amendment was authorized by the Commission without affording NFS an opportunity to request a prior hearing on that amendment or granting NFS's request for a hearing as required by NRC regulation.
See 10 C.F.R. $ 2.204 (1980).
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Relief is sought from this Court on the grounds that the Commission decision violates the Administrative Procedure Act, 5 U.S.C.
5 70, et seq. and the Commission's own regulation governing the requirements for effectuating license amendments, 10 C.F.R. S 2.204.
NFS seeks a judgment and order from this Court setting aside the amendment (Change No. 31) to License No. CSF-1 and directing the Commission to convene a hearing on the amendment prior to permitting the amendment to take effect.
Copies of the Commission's decision issuing the amendment and NFS's request for a hearing on that amendment are attached hereto as Exhibits A and B.
Respectfully submitted, Geor e L. Edgar Thomas A. Schmutz Howard T. Weir 1800 M Street, N.W.
Washington. D.C.
20036 (202) 872-5000
.0F COUNSEL:
i Orris S. Heistand 1800 M Street, N.W.
Washington, D.C.
20036 (202) 872-5160 MORGAN, LEWIS & BOCKIUS 1800 M Street, N.W.
Washington, D.C.
20036 (202) 872-5000
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3 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Nuclear Fuel Services, Inc.,
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Petitioner,
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v.
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No.
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i Nuclear Regulatory Commission,
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Respondent.
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Petition For Review were served this 20th day of October, 1981, by first-class mail, postage prepaid, on the following parties:
Hunzio J. Palladino Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Peter Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Leonard Beckwit, Jr., Esquire General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard E. Cunningham, III Director, Division of Fuel Cycle and Material Safety U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Warren E. Bergholz, Jr., Esquire Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W.
Washington, D.C 20587 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 I
l John F. Ahearne, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas MI. Roberts, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 4
Carmine J. Clemente, Esquire General Counsel-New York State Energy Research and Development Authority Two Rockefeller Plaza Albany, New York 12223 Guy H. Cunningham, III, Esquire Director and Chief Counsel Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (original and three copies)
Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
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b GEORGE L. EDGAR Attorney for Nuclear Fuel Services, Inc.
Dated:
October 20, 1981 l