ML20040G605

Memorandum of 820205 Telcon W/Aslb,Nrc & Nfs Re Ny Energy R&D Authority Request for Extension of Time to Answer ASLB 811231 Order.Extension Granted Until 820216 for Authority & DOE Answer & Until 820302 for Nrc.Certificate of Svc Encl

ML20040G605
Person / Time
Site:	West Valley Demonstration Project
Issue date:	02/09/1982
From:	Jack H NEW YORK, STATE OF
To:
References
ISSUANCES-OLA, NUDOCS 8202160291
Download: ML20040G605 (6)

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'82 ' FEB 11 A10:04 CI?!CE TF ETC:-

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' NUCLEAR-REGULATORY COMMISSION DEFORE 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 ) ,

AND DEVELOPMENT AUTHORITY ) N (Western New York Nuclear

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'( g ... .. g.-f On February 5, 1982, a conference call was made ats _ e' eg ,an of Administrative Judge Lawrence Brenner, Chairman'of the Atomic Safety and

. Licensing Board (" Board") in.this proceeding, to discuss the request by the New York Energy Res'earch and Development Authority (" Authority") for

,an extension of the' time for thel Authority to answer ' the Board's December 31, 1981,. Memorandum and Order Directing the: Filing of Further Information and Issues (" Order") . This memorandum of the conference call has been prepared in accordance with the directions of Judge Brenner.

The parties to the conference call were: Y .s Lawrence Brenner, Chairman Administrative Judge--  !

8202160291 ~ 820209 PDR ADOCK 05000201 0 PDR

L 4 Dr. Jerry Harbour Administrative Judge James R. Wolf, Esq.

Counsel.for the NRC Staff Orris S. Hiestand, Jr., Esq.

Counsel for Nuclear Fuel Services, Inc. . ("NFS")

Howard A. Jack, Esq.

Counsel for the Authority Several attempts were also made to contact, and include in the conference call, Irwin D. J. Bross, Ph.D., but at 4:00 p.m. the call went' ahead without Mr. Bross after his office said that he was not in and would not be available until the following Monday, Judge Brenner noted initially that the general rule applicable in this proceeding would be that, absent a showing of legitimate cause, extensions of time must be requested before the due date.

Mr. Jack explained that the Authority was requesting an extension of time for two reasons. First, the Authority.has a very small legal staff available, which for the last several weeks has been engaged full time in preparation for trial and pre-trial discussions with NFS and the United States Magistrate, pursuant to orders of Judge Elfvin in the pending litigation between the Authority and NFS in the United States

, District Court for the Western District of New York (which litigation was in part the subject of the Board's Order). As a result,.the Authority had been unable as yet to prepare an adequate answer to the Board's Order. Second, very recent events in the litigation in the U.S.

District Court were changing the nature of the Authority's answers to the Board's questions (e.g. , the status of that litigation) , and further developments were possible within the next week which were expected to further change the Authority's answers.

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c, Judge Brenner then asked the other parties whether they acquiesced ,

in or supported-the Authority's request for an extension of time. Mr.

Hiestand replied that he understood the circumstances and that NFS had no objection to the requested extension. Mr. Wolf responded that the NRC staff believed the requested extension of time would be helpful for all parties if it brought more accuratc, up-to-date information on the status of the litigation between the Authority and NFS.

Judge Brenner also asked counsel for the Authority whether the Authority and NFS were engaged in settlement discussions. Mr. Jack replied that the Authority and NFS had been conducting settlement discussions for several months and that those - discussions were continuing.

Judge Brenner then granted an extension of time until February 16,-

- 1982, for the service of the Authority's answer and the U.S. Department of Energy's answer to the Board's Order. He also extended until March 2, 1982, the time for service of the NRC staff's answer to the Board's-Order and NFS's reply to the answer of the Authority.

1 In response to Judge Brenner's further inquiry, Mr. Hiestand stated that NFS was satisfied'with the Board's anticipated schedule for this

, proceed i ng, even w ti h the extensions granted. Mr. Hiestand also alerted Judges Brenner and Harbour and the other parties that he had served by mail copies of a new license amendment application that NFS had just filed with the Commission, seeking termination of NFS' authority and L ~ responsibility under the license.

Finally, Judge Brenner requested the NRC staff to provide copies of the license and all amendments to the license to the Board with the NRC staff's answer to the Board's Order.

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After the conference call, Mr. Jack informed counsel for the Department of Energy of the extension of time granted.

Respec ully submit,tyd,

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!!oward f. Jack j

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First Deputy Counsel New York State Ener y Research and Development Authority Dated: February 9, 1982

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- _ _ - _ _ _ - . _ - _ ~ _ . - _ - _ - . - --___ ___ ___--_._-_--____ _ _ _.________. _____-_ ____ - __ _ - __.-. - .__

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of -)

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NUCLEAR FUEL SERVICESr 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 )

(Western New York Nuclear )

Service Ce'nter ')

CERTIFICATE OF SERVICE I certify that copies of the above Memorandum have been served as of this date by first class mail, postage prepaid, upon:

Lawrence Brenner, Chairman Warren E. Bergholz, Jr., Esq.

. Administrative Judge Office of General Counsel Atomic Safety and Licensing Board U.S. Department of Energy U.S. Nuclear Regulatory Commission 1000 Independence Avenue,'S.W.

Washington, D.C. 20555 Washington, D.C. .20587 Dr. Jerry Harbour Irwin D. J. Bross, Ph.D.

Administrative Judge _

Director of Biostatistics

. Atomic Safety and Licensing Board Roswell Park Memorial Institute U.S. Nuclear Regulatory Commission 666 Elm Street Washington, D.C. 20555 Buffalo, New York 14263 Mr. Peter A. Morris Counsel for NRC Staff-Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Orris S. Hiestand, Jr.', Esq. Docketing and Service Section Morgan, Lewis & Bockius Office of the Secretary 1800 M Street, N.W. U.S. Nuclear Regulatory Washington, D.C. ~ 20036 Commission Washington, D.C. 20555

George L. Edgar, Esq. Atomic Safety and Licensing

!! organ, Lewis & Bockius Board Panel 1800 M Street, N.W. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20036 Washington, D.C. 20555 l Frank K. Peterson, Esq. Atomic Safety and Licensing

!! organ, Lewis & Bockius Appeal Panel 1800 M Street, N.W. U.S. Nuclea. -egulatory Comm.

Washington, D.C. 20036 Washington, D.C. 20555

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Howard A. Jack '/

First Deputy Counsel /

New York State Energy .esearch and Developmeit Authority Dated: February 9, 1982 Albany, New York

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