ML20040C513

Reiterates 790201 Request That Environmetalist,Inc Be Informed of All Matters Re Barnwell Nuclear Fuel Plant & Barnwell Nuclear Fuel Receiving & Storage Station

ML20040C513
Person / Time
Site:	Barnwell, 07001729  File:Allied-General Nuclear Services icon.png
Issue date:	09/15/1980
From:	Thomas R AFFILIATION NOT ASSIGNED
To:	Englehart T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20040C509	List: ML20040C513 ML20040C516 ML20040C517
References
FOIA-81-398 NUDOCS 8201280028
Download: ML20040C513 (2)

Text

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September 15, 1980

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Thomas F. Engelhart, Esq.

ge Q,. /[efj Deputy Executive Legal Director ff O**,.',7,",* ",y U. S. Nuclear Regulatory Commission 0,"l,

'dashington, D.C. 20555 ko doe N M L

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Dear Mr. Engelhart:

".* lyt 6'** 5v".'I/I, On February 1,1979, I wrote to the NdC,

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on advice of counsel, pointin6 out that Environmentalists

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Inc., as an accepted and qualified party to the

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NRC proceedings en the Barnwell Nuclear Fuel Plant

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(Docket e50-332) and Barnwell Nuclear Fuel Receiving and Storage Station (Docket No. 70-1729), was entitled

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to be informed of all matters relating to the facility.

You replied to that letter on February 21, 1979, acknowledging our request for copies of "all correspon-

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O',"l,",","ll'" =, donce, transcripts of meetings and any other material related to such use"(of the Barnwell plant as 6n Away-From-Reactor Storage facility). - emphasis added.

In that reply you stated, "should any such documents be discovered or received in the future, we will forward them to you."

On September 12, an article in the Columbia Record alerted us to the Department of Energy Notice of Intent to prepare an Environmental Impact Statement in connection with the acquisition by the DOE of facilities for near-term storage of spent nuclear fuel, which had appeared in the August 15, 1980 Federal Register.

The Barnwell

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Plant was mentioned prominently in the Notice of the DOF, i

and in the March, 1980 DOE " Study on Spent i!uclear Fuel,

in which study the UdC participated.

The NiC was certainly

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aware of the Federal Register Notice, yet neither the Department of Energy or your Commission gave specific and timely notice to Environmentalists Inc, Intervenors in the Barnwell proceedings.

In the past, both your Commission and the Dept. of Energy not only alerted Environmentalists Inc. of Notices to be published in the Federal Register, but actually provided copies of those Potices to Environmentalista Inc.

1339 SINM.ER IDAD, COUMlA, S. C. 29206 (803) 782-3000 8201280028 811027 PDR FOIA GUILD 81-399 pop

c Chomas F. Engelhart, Esq.

9/15/8o page 2 O Failure of the NRC to provide Environmentalista Inc. with liotice of this particular EIS, which on its face duplicates the existing Barnwell site EIS, at least in part, has caused this organization great dismay and inconvenience.

The discovery of the subject Notice on September 12, 1980, of course did not allow Environmentalists sufficient time to prepare Comments, since those Comments were required to be nailed no later than September 15, 1980.

Environmentalists Inc. has requested an extension of time in order that Environmentalist Inc.'s comments may be given full consideration.

Environmentalista Inc. is much too small an organization to afford a subscription to the Federal Register, and must rely on ths good faith of the Federal agencies involved to notify us of contemplated actions in the Barnwell matter.

'ie are entitled to timely Notice of all Barnwell-related actions

.a a full party to the h well proceedin6s.

It is sincerely hoped that in the future Environmentalists will receive specific and timely notification of contemplated actions related to the Barnwell facility.

Sincerely, ENVIROIGIENTALISTS INC.

O By 87fft74-auth Thomas authorized Representative cc:

Director ;-lichael J. Lawrence DOE Office of Transportation and Fuel Service Governor Richard *.l. diley,Chaiman State Planning Council on Radioactive

'iaste Management l

Hr. Richard P. Smith DOE NEP4 Affairs Division Mr. Stuart E. Eizenstat Assistant to the President for Domestic Affairs and Policy

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