ML20033E297

Discusses NFS Motion for Order Postponing Effectiveness of License Amend Change 31 on 810930.Objects to Any NRC Action to Delay Startup of Long Overdue Project

ML20033E297
Person / Time
Site:	Erwin
Issue date:	10/20/1981
From:	Damato A SENATE
To:	Palladino N NRC COMMISSION (OCM)
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References
FOIA-90-44 NUDOCS 9003120210
Download: ML20033E297 (1)

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L Honorable Nunzio J. Palladino i

Chairman-J' Nuclear Regulatory Commission lb 1717 H Street W'

Washington, D.C.

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Dear Jh. Chairman:

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I understand the Commission has before it a notion by Nuclear Fuel Services, Inc. for an order postponing the effectiveness-of a license amendment (Change No. 31 dated September 30, 1981)-

issued by the NRC in' connection with the above-referenced docket.

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I understand that the NFS motion followed a request by NFS for a hearing on the license amendment which was filed.after the I

ilicense amendment was issued, m

.While I-have no difficulty with the holding of a hearing for' o

the' raising of matters related to the license amendment not here-

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ltofore raised (even though I understand NFS'did not make thuir 1

Rm request in a timely fashion while the license amendment was pending)., I must strenuously object to any; action.by the NRC which atsthis point would serve to delay the start-up of this long-overdue-1

. project which is literally set to-begin at-12:00 noon-today with j

the transfer of the site to:U.S. DOE.

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NFS's motion for a postponement of ths effectiveness of the license amendment is without precendent, and-NFS' claim is based solely on its assertion that it is entitled to a hearing'on the 11'icense amendment before it becomes effective.

However, NFS did-not1 request a hearing before the 1icense amendment was issued.

To; permit NFS's request for a hearing to justify a stay at this se critical point would be to permit a non-existent procedural right to -delay this urgent proj ect.

I have no doubt the NRC can hold a-i y

hearing in due course which can fully and comprehensively address 1

-any and all matters of concern, including those which NFS previously Lhas failed t6 bring before the Commission in a timely fashion.

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.This-project has had the-firm endorsement of two Administrations, l

and is long overdue.

Please permit it to begin without delay.

Sincerely, f kQW_ h(/g A19 nse D'Amato UI tcd States Senator

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