ML20092A006
| ML20092A006 | |
| Person / Time | |
|---|---|
| Site: | Neely Research Reactor |
| Issue date: | 08/30/1995 |
| From: | Darrell Dunn, Guilday P Neely Research Reactor, ATLANTA, GA, GEORGIA, STATE OF |
| To: | |
| References | |
| CON-#395-17063 95-704-01-REN, 95-704-1-REN, REN, NUDOCS 9509080158 | |
| Download: ML20092A006 (5) | |
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DOCKETED USMRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION'
% AUG 30 P3:09 ATOMIC SAFETY AND LICENSING BOARD OFFICE T C"Cfl[IA8'(
Before Administrative Judges:
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Charles Bechhoefer, Chairman Dr. Jerry R. Kline 1
Dr. Peter S. Lam i
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LIn the Matter of
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' GEORGIA INSTITUTE
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OF TECHNOLOGY
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Docket No. 50-160-Ren
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ASLBP NO. 95-704-01-Ren
. Atlanta, Georgia
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Georgia Tech Research
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Reactor
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Renewal of License No. R-97
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GEORGIA INSTITUTE OF TECHNOLOGY'S STATEMENT AS TO ISSUE OF MOOTNESS OF CONTENTION 5 Licensee Georgia Institute of Technology (" Georgia Tech')
files this Statement as to the Issue of the Mootness of Consideration 5, as to whether that Contention was rendered moot by the Memorandum and Order of the Commission dated July 26, 1995, CLI-95-10, 42 NRC In compliance with the Board's Memorandum and Order dated August 1, 1995, counsel for Georgia Tech _and counsel for GANE l
met to discuss the effect of the Commission's July 26, 1995 e
Order'on GANE's Contention 5.
Counsel agreed that as to the question of the nuclear reactor and the uranium fuel, Georgia Tech's decision to remove the fuel prior,to.the Olympics and to i
- have no fuel on site during the Olympics resolved GANE's t
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i concerns.
GANE is apparently satisfied with Georgia Tech's decision in this regard.
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Counsel for GANE, however, believes that the scope of Contention 5 can be broadened so as to the Board authority to determine issues regarding the storage of cobalt on the Georgia Tech. campus.
GANE. voiced its intent to rely on 42 U.S.C.
5 2021 which concerns cooperation agreements between States and the. Commission "with respect to the regulation of byproducts, t
source, and special nuclear materials."
GANE ignores, however, 1
that Contention 5, as phrased by GANE itself in its Petition to Intervene, is expressly restricted to the Research Reactor.
As GANE well knows, it must be so restricted because this matter is before this Board on Georgia Tech's application for renewal i
of its reactor license.
This Board is without authority to expand its administrative oversight to issues which do not in any way relate to the renewal of Georgia Tech's reactor license.
The Staff, in its Response to the Request for Hearing on the Conversion Order filed by GANE (Response filed in Docket "i
No. 50-160-OM on July 26, 1995), has thoroughly briefed the "the long-standing principle [] that (a) the issues in an enforcement proceeding may properly be limited to those set t
.forth in.the order.
(Staff's Response, at 9.)
The Staff cites.Bellotti v. NCR, 725 F.2d 1380, 1381 (D.C. Cir.
1982) for the proposition that the governing statute cannot be read so broadly'as implicate all issues that may be raised concerning the facility in question.
CB1. at10. )
The. issues which.GANE is attempting to inject into this proceeding do not
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even relate to the " facility in question."
This Board should reject t[his attempt to inject totally collateral issues into this proceeding and should find that GANE's Contention 5-has been rendered moot.
For the above reasons, Georgia Tech respectfully requests this Board to reverse its Order with respect to the admissibility of Contention 5.
Respectfully submitted, MICHAEL J. BOWERS 174567 Atto ney General
/WEd b DEWICS R. DUNN 234098 Senior Assistant Attorney General PATRICIA GUILDAY 315113 Assistant Attorney General PLEASE ADDRESS ALL COMMUNICATIONS TO:
PATRICIA GUILDAY Assistant Attorney General Georgia Department of Law 40 Capitol Square, S.W.
Atlanta, Georgia 30334-1300 f
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00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 95 Al)G 30 P3 :09 ATOMIC SAFETY AND LICENSING BOARD O! flCE OF SECP.ELARY'
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Before Administrative Judges:
00CKErit!G 1 SERVICE ERANCH Charles Bechhoefer, Chairman Dr. Jerry R. Kline Dr. Peter S.
Lam
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In-the Matter of
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GEORGIA-INSTITUTE
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OF TECHNOLOGY
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Docket No. 50-160-Ren
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ASLBP NO. 95-704-01-Ren Atlanta, Georgia
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' Georgia Tech Research
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Reactor
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Renewal of License No. R-97
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GEORGIA INSTITUTE OF. TECHNOLOGY'S CERTIFICATE OF SERVICE I do hereby certify that copies of the foregoing Georaia Tech's Statement as to Issue of Mootness of Contention 5 have been served upon the following persons by U.S. Mail, except as i
otherwise noted and in accordance with the requirement of 10
-C.F.R.
Sec. 2.712:
Administrative Judge Atomic Safety and Licensing Peter S. Lam Board Panel Atomic Safety-And Licensing Mail Stop: T-3 F23 Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
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1 Administrative Judge Administrative Judge 4
Jerry R. Kline Charles Bechhoefer, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board a
L-U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 j
Sherwin E. Turk, Esq.
Randy A. Nordin, Esq.
Susan S. Chidakel, Esq.
E. Gail Gunnels, Esq.
Office of the General Counsel-.
Georgia Institute of U.S.. Nuclear Regulatory Technology
-Commission 400 10th Street Washington, D.C. 20555 Atlanta, Georgia 30332 Glenn Carroll Docketing and Service Branch 4
Georgians Against Nuclear U.S. Nuclear Regulatory 4
Commission Energy Post Office Box 8574 Washington, D.C. 20555 Atlanta Georgia 30306 This M day of Mu d 1995.-
I famia)9adske PATRICIA GUILDAY V
Assistant Attorney General i
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