ML20033B331
| ML20033B331 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 11/27/1981 |
| From: | Klucsik J, Wolf J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8112010257 | |
| Download: ML20033B331 (6) | |
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION M NOV3 01981>
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BEFORE THE_ ATOMIC SAFETY AND LICENSING BOARD 1
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NUCLEAR FUEL SERVICES INC.,
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AND Docket No. 50-201 OLA
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NEW YORK STATE ENERGY RESEARCH
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AND DEVELOPMEi!T Al!T40RITY
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(Westerr New York Nuclear Service
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Center)
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NRC ANSWER TO NFS REQUEST FOR HEARING The NRC staff, pursuant to 6 2.705 of the Rules of Practice, files this s
answer to the request for a hearing submitted by Nuclear Fuel Services, Inc.
I.
In response to an application filed by the New York State Energy and Development Authority (NYSERDA), joined by the U.S. Department of Energy (00E), the NRC, on Sept. 30, 1981, issued Change No. 31 to License CSF-1.
Among other things, Change No. 31 authorized NYSERDA and its colicensee, Nuclear Fuel Services, Inc. (NFS), as their interests under the license appear, to transfer the Western New York Nuclear Service Center, a licensed production facility, to DOE for a limited time in accordance with the West Valley Demonstration Project Act (the West Valley Act), Pub.L.96-368.
Change No. 31 was effective upon issuance.
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Shortly'thereafter, hFS requested a hearing'in connection with Change :
- No. 31', pursuant'to 5189(a) of 'the Atomic Energy Act of 1954 (AEA),
42 U.S.C. $ 223C, as amended.
On October -16,1981, Dr. Irwin'D.J. Bross also requested a hearing on-the license amendment.-
On November 6,1981, the Commission ordered that an Atomic Safety. and Licensir.g _ Board be established to conduct an adjudicatory hearing in accordance with 10 CFR Part 2, Subpart G. pursuant to the-request of NFS, and Lto review Dr. Bross' request for a hearing.. Consistent with the Commission's identification of these two independent responsibilities of the Board, the
. NRC staff is filing with the Board, first, this' answer tc the NFS request and, second, a. separate response to the request of Dr. Bross.
II.
The position of the NRC _ staff is that NFS has. failed to raise any issue upon which it is entitled to relief.
In issuing Change No. 31, the NRC staff acted within the scope of its authority and in accordance with applicable law.-
The NRC staff does not controvert the standing of NFS to seek an adjudication of the matters identified in its request for hearing.
The NRC staff does, however, controvert the substantive issues, referred to below, which vere raised by hFS.
1..
The. transfer does not violate NRC regulations with respect to DOE's exempt status. DOE will, as provided in the regulations, have exclusive authority and responsibility with respect to operation of
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the. facility and, during tne term of-DOE's possession, NFS will have no responsibilities inconsistent therewith or otherwise in violation i
' of NRC regulations.
2.
The transfer does not unlawfully delegate regulatory powers over NFS t'o-00E. Any action taken by_ NFS is subject to the regulatory authority of NRC alone.
3.
The transfer does not violate the right of NFS to operate under a clearly defined or predictable regulatory standard. NFS.is not required to take any action at all under the provisions purportedly of concern, but should it elect to do so it must act in a manner consistent with DOE's ~ responsibility for exclusive possession of the facility.
4.
The suspension' of the Price-Anderson Agreement is consistent with law.
Such an Agreement is not required :to be in force when la. licensee is authorized to possess neither:a production or utilization facility nor i
5.
The amendment-does.not' conflict with the West Valley Demonstration Project Act. The amendment only authorizes and does not require
' transfer of the facility.
III.
It is the intention of the NRC staff to appear and present evidence in this proceeding as. required. However, the matters in controversy are legal issues, and the staff anticipates that they most likely can be disposed of on the pleadings. Accordingly, the Staff respectfully suggests that a j
prehearing conference be arranged at a time convenient to the Board.for the d
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purpose of considering a schedule for briefing and argument and such other matters as may be appropriate.
Respectfully submitted, W
/dohn F. Klu'esik L
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,// ounsel for NRC Staff b
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'j, fJames R. Wolf -
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/ Counsel for NRC Sfaff (i-a.
Dated at Bethesda, Maryland this 27th day of November,1981 I'
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD In the Matter of
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NUCLEAR FUEL SERVICES, INC.
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AND Docket No. 50-201 OLA
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NEW YORK' STATE ENERGY RESEARCH
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AND DEVELOPMENT AUTHORITY
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(Western New York Nuclear
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Service Center)
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CERTIFICATE OF SERVICE
-I hereby certify that copies of NRC ANSWER TO NFS REQUEST FOR HEARING in the above-captioned proceeding have been served on the following by deposit in tne United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 27th day of November,1981.
Lawrence Brenner, Chairman
- Carmine J. Clemente, Esq.
Administrative Judge General Counsel Atomic Safety and Licensing Board-New York State Energy Research U.S. Nuclear Regulatory Commission and Development Authority Washingtor., D.C.
20555 Two Rockefeller Plaza Albany, New York 12223 Dr. Jerry Ha' bou'r'
- Philip H. Gitlen, Esq.
r Administrative Judge,
Whiteman, Osteman A Hanna Atomic Safety and-Licensing Board 99 Washington Avenue U.S. Nuclear Regulatory Commission Albany, New York' 12210 Washington, D.C.
20555 Warren E. Bergholz, Jr., Esq..
Mr. Peter A. Morris
- Office of the General Counsel Administrative Judge U.S. Department of Energy Atomic Safety and Licensing Board 1000 Independence Avenue, S.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20587 Washington, D.C.
20555 DISIG:inra ORIGUi!fN..
Certified Fj_
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, I Irvin D.J. Bross, Ph.D.
Docketing and Service Section
- Director of Biostatistics.
Office of-the Secretary i
Roswell Park Memorial-Institute.
- U.S. Nuclear Regulatory Commission
- 666 Elm Street Washington, D.C.
20555 Buffalo, N.Y. L14263 Atomic Safety and Licensing -
Orris S. Hiestand,-Esq.
Board Panel
- Morgan, Lewis & Bockius U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
' Washington, D.C.
20555 Washington, D.C.
20036 Atomic' Safety and Licensing Appeal Panel
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
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- /G
'dohn F. Klucsik
/ftounsel for NRC Staff i
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