ML20053E568

Corrected Page 7 to DOE Brief Opposing Idj Bross Appeal of ASLB 820430 Memorandum & Order.Certificate of Svc Encl

ML20053E568
Person / Time
Site:	West Valley Demonstration Project
Issue date:	06/04/1982
From:	ENERGY, DEPT. OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20053E566	List: ML20053E565 ML20053E568
References
NUDOCS 8206090027
Download: ML20053E568 (3)

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B. Denial of the Request for a Hearing Does Not Foreclose Consideration of the Issues Raised I by Dr. Bross In his hearing request, Dr. Bross attached the comments he had submitted to DOE regarding DOE's Draft EIS focusing primarily on technical issues involved in the conduct of the prhject. 15/ Those comments raise almost all the issues Dr.

Bross seeks to have litigated in the hearing he requested.

Dr. Bross seeks to have his alleged concerns addressed in two totally separate forums. In effect, he is asking the NRC, in a formal adjudicatory proceeding, to substitute its technical judgment for that of DOE regarding the conduct of this research and development demonstration project. Such an NRC action clearly would be inappropriate.

- The conduct of the West Valley Project necessarily involves many highly technical research and development decisions. The framers of the West Valley Act recognized.

this fact, and recognized the need for public input into the DOE decision-making process. 16/ The NEPA process, the required public hearings, .and- the public notice provisions under the West Valley Act clearly are the appropriate, Congressionally approved, methods for public involvement in .

the decision-making process. DOE has received Dr. Bross' comments and is considering them in developing its Final EIS. The EIS then will be a major input to DOE's decisions 15/ See, fn. 4. supra.

16/ See, sections 2(b) (1) and 2 (b) (3) (D) of the We st Valley h

C206090027 820604 PDR ADOCK 05000201 0 PDR

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UNITED STATES OF AMERICA NUCLEAR REGUIATORY CO:OIISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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NUCLEAR FUEL SERVICES, INC. )

) DOCKET NO'. 50-201 OLA

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AND )

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NEW YORK STATE ENERGY RESEARCH )

AND DEVELOPMENT AUTHORITY )

(Western New York Nuclear )

Service Center) )

CERTIFICATE OF SERVICE I hereby certify that copies of the DEPARTMENT OF ENERGY letter of June 4, 1982, in the above-captioned proceeding have been served on the following by deposit in t United States mail, first class, postage prepaid, this */ day of June 1982. I Thomas S. Mcore, Chairman Carmine J. Clemente, Esq.

Administrative Judge General Counsel Atomic Safety & Licensing New York State Energy Research Appeal Board and Development Authority U.S. Nuclear Regulatory Comm. 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 Washington, D.C. 20555 Director Washington, D.C. 20555 Lawrence Brer.ner, Chairman Docketing and Service Section l Administrative Judge Office of the Secretary Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 l Washington, D.C. 20555 1

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... y Dr. Jerry Harbour 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 Atomic 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, PH.D.

Director of Biostatistics Rosewell Park Memorial Institute 666 Elm Street Buffalo, New York 14263 Orris S. Heistand, Esq.

Morgan, Lewis & Bockius 1800 M Street, N.W.

Washington, D.C. 20036 Warren E. Bergholz, Jr Counsel for the U.S. e rt t of Energy l

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