ML20053A570
| ML20053A570 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 05/24/1982 |
| From: | Bergholz W ENERGY, DEPT. OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OLA, NUDOCS 8205260247 | |
| Download: ML20053A570 (5) | |
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Thomas S.
Moore, Chairman
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Dr. W. Reed Johnson Gary J.
Edles i
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In the Matter of
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l NUCLEAR FUEL SERVICES, INC.
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l and
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Docket No. 50-201 OLA
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NEW YORK STATE ENERGY RESEARCil
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AND DEVELOPMENT AUTIIORITY
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(Western New York Nuclear Service Center)
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DEPARTMENT OF ENERGY l
MOTION FOR LEAVE TO FILE A BhiLP " AMICUS CURIAE" i
k Pursuant to 10 C.F.R. S 2. 715 (d), the Department of Energy (DOE) hereby respectfully requests leave to file a Brief with the Board as " amicus curiae."
DOE also requests an additional 10 days in which to file such brief.
In support of this request, DOE states the following:
DOE's interest in this matter is based on its responsibilities under the West Valley Demonstration Project Act ( Act), Pub.
L.
No.96-368.
The Act authorizes the Department to demonstrate solidification techniques which can be used in preparing high level radioactive waste'for disposal.
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In furtherance of the Act, the New York State Energy Research and Development Authority and Nuclear Fuel Services, Inc., transferred possession of the West Valley site to DOE pursuant to change No. 31 to Facility License No. CSF-1, and
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' the DOE has begun to carry out the purposes of the Act.
Dr.
BrosN' appeal represents an attempt to use NRC procedures in contravention of the Act's stated purposes, so as to interfere with DOE's project activities.
DOE's brief is desirable because it will provide the Appeal Board with the Department's views on the jurisdiction and indemnification questions raised by Dr. Bross.
The Department strongly believes that the Board lacks jurisdiction over the conduct by the DOE of the West Valley Demonstration Project.
Section 2 (c) of the Act specifically provides that review and consultation with the Nuclear Regulatory Commission with respect to the project--
...shall not include nor require formal procedures or actions by the Commission pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, or any other law."
3 In view of the Department's clear interest, and the desirability of the Board having the Department's views on this matter, DOE's request for leave to file a brief and for an additional 10 days in which to file such brief should be g ran.ted.
Respectfully submitted, W
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Warren 13. Bergholz, Jf.Dep5rtment[ofEnergy
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Counsel for U.S.
Dated:
May2 f, 1982
6' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL BOARD l'ih
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In the Matter of
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NUCLEAR FUEL SERVICES, INC.
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DOCKET NO.
AND
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50-201 OLA
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NEW YORK STATE ENERGY RESEARCII)
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 copics of the MOTION FOR LEAVE TO FILE A BRIEF " AMICUS CURIAE", in the above-captioned proceeding have been served on the following by deposit in the U ited States mail, first class, postage prepaid, this 2 4f day of May, 1982.
- Thomas S.
Moore, Chairman Carmine J.
Clemente, Esq.
Administrative Judge General Counsel
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Atomic Safety & Licensing New York State Energy Research Appeal Board and Development Authority U.S. Nuclear Regulatory Conn.
Two Rockefeller Plaza Washington, D.C.
20555 Albany, New York 12223
- Dr. W.
Reed Johnson Philip H.
Gitlen, Esq.
Administrative Judge Whiteman, Osterman & Hanna Atomic Safety & Licensing 99 Washington Avenue Appeal Board Albany, New York 12210 U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555
- Mr. Gary J.
Edles Guy H.
Cunningham, III Administrative' Judge James R. Wolf Atomic Safety & Licensing John F.
Klucsik Appeal Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Office of the Executive Legal Director Washington, D.C.
20555 Washington, D.C.
20555
- Lawrence Brenner, Chairman
- Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory'comm.
Washington, D.C.
20555 Washington, D.C.
20555
2 Dr. Jerry llarbour
- Atomic Safety & Licensing Board Administrative Judge Panel Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C.
20555
, *. Mr. Peter A.
Morris
- Atomic Safety & Licensing Administrative Judge Appeal Panel Aton.ic Safety & Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C.
20555 Irvin D.J.
Bross, Pil. D.
Director of Biostatistics Rosewell Park Memorial Institute 666 Elm Street Buffalo, New York 14263 Orris S.
Iliestand, Esq.
Morgan, Lewis, & Bockius 1800 M Street, N.W.
Washington, D.C.
20036 2.
J '7#4.t
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Warren ~E.
Bergholz, Jr.
rt;m[t of Energy 9
Counsel for the U.S.
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Denotes hand delivery to 4350 East-West Ilighway, Bethesda, MD.
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Denotes hand delivery to 1717 II Street, N.W., Washington, D.C.