ML20092A078

Georgia Institute of Technology Response to Gane Amended Petition for Leave to Intervene.* Georgia Institute of Technology Requests Gane Amended Petition Be Dismissed. W/Certificate of Svc

ML20092A078
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:	Atomic Safety and Licensing Board Panel
References
CON-#395-17062 95-170-01-OM, 95-170-1-OM, OM, NUDOCS 9509080197
Download: ML20092A078 (5)

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I 00CKETED UstlRC UNITED STATES OF AMERICA.

NUCLEAR REGULATORY COMMISSION- Tfj ~ ALG 30 . P 3 :07 ATOMIC SAFETY AND LICENSING BOARD .

,, r.;ETARY

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.Before Administrative Judges: b y.; )

Charles Bechhoefer,-Chairman Dr. Jerry R. Kline Dr. Peter-S. Lam

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In the Matter.of- .)

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GEORGIA INSTI'"UTE )

OF TEC:NOLOGY ) Docket No. 50-160-OM ,

) ASLBP NO. 95-710-01-0M Atlanta, Georgia' )

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Georgia Tech Research )

Reactor )

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Renewal of License No. R-97 )

GEORGIA INSTITUTE OF TECHNOLOGY'S RESPONSE TO GANE'S AMENDED PETITION FOR LEAVE TO INTERVENE Licensee Georgia Institute of Technology (" Georgia Tech")

responds to the Amended Petition for Leave to Intervene in Consideration of Application for Facility License Conversion from High-Enriched Uranium to Low-Enriched Uranium Fuel, filed

-by Georgians Against Nuclear Energy ("GANE") on August 21, 1995 as follows:

1 In its Order dated July 31, 1995, the Board directed GANE, as'.intervenor, to, one, advise that Mr. Robert Johnson, the individual'upon whose; statement of interest GANE's_ claim to standing rests, " wishes GANE to represent his interest in this as well as the renewal. proceeding;" and, two, to set ~forth the

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i contentions it wishes.to assert in this proceeding, including

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-the information set forth in 10 C.F.R. S 2.714 (b) and (d). ,

- ,In its' Amended Petition, GANE fails to comply with either directive.

With respect to Mr. Johnson, GANE states that it 1

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" represents in this proceeding, Robert Johnson, . . . His  ;

standing has been established in the License Renewal proceeding 4 on this' docket which GANE has maintained since October 1994."

GANE'has'not provided.any indication from Mr. Johnson that he 4

wishes GANE to represent him in this proceeding in addition to  :

its representation of him in the renewal proceeding. It was  ;

this indication which the Board specifically directed GANE to supply. Its. failure to follow this directive constitutes ,

grounds upon which to base a denial of GANE's request for hearing.  ;

With respect to the contentions it seeks to assert in this proceeding, GANE's Amended Petition is vague and difficult to ,

interpret. GANE states that Georgia Tech "is risking the public health and safety in its conversion plan. . . GANE finds ;

it unacceptable to operate a reactor in the middle of a large population center. .

. At the minimum we call on Georgia Tech configure (sic) its reactor properly to receive and use the l l

' low-enriched uranium fuel." These statements fall far short of  :

the information which is required by 10 C.F.R. SS 2.714 (b) and

.(d).. In particular, GANE has failed to provide a brief f

explanation of the contention, a concise statement of the i

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t alleged facts or expert opinion supportive of such contention,  ;

or sufficient information to show that a genuine dispute exists on a material. issue of law or fact. 10 C.F.R. 5 2 714 (b) (i),

(11: and (iii).

For the above reasons and for those stated in the Staff's 1 '

Response to GANE's Request for Hearing, Georgia Tech respectfully requests that GANE's Amended Petition be dismissed.

Respectfully submitted, MICHAEL J. BOWERS 174567 '

s Att (ney General k haf4 L

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DENNIS R. DUNN 234098

• Senior Assistant Attorney General AL' h f M

' PATRICIA GUILDAY V 315113 Assistant Attorney General J

PLEASE ADDRESS ALL COMMUNICATIONS TO:

PATRICIA GUILDAY Assistant Attorney General Georgia Department of Law 40 Capitol Square, S.W.

Atlanta, Georgia 30334-1300 i

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06/30/95. 15:37: FAkh04d5799af 43. veN. oI Lai ~ 'd OU2ious ~ ~

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DOCKETED l

• USNRC-4 UNITED STATES OF AMERICA "

NUCLEAR REGULATORY COMMISSION '95 AMi 30 P3 :55  ;-

i ATOMIC SAFETY AND LICENSING BOARD OFFKL 0 SECRETA  :

Before Administrative Judges: 000r'L'thG & XRVICE .

FRANCH '

Charles Bechhoefer, Chairman [. ,

Dr. Jerry R. Kline ,

Lam Dr.. Peter S. v  :

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In-the Matter of )

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GEORGIA INSTITUTE ) .

OF TECHNOLOGY ) Docket No. 50-160-OM .'

) ASLBP NO. 95-710-01-OM '

Atlanta, Georgia ) i

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Georgia Tech Research )

Reactor ) - ,

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Renewal of License No. R-97 -. l GEORGIA INSTITUTE OF TECHNOLOGY'S

/*RnTIFICATE OF SERVICE .

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I do hereby certify that copies of the foregoing Georgia -.

y Institute of Technology's Response to Gane's Amended Petition a  !

. for Leav9 to Intervene have been served upon the following ~

personc'by U.S. Mail, except as otherwise noted and in l

accordance with the requirement of 10 C.F.R. Sec. 2.712:

Atomic Safety and Licensing Administrative Judge Board Panel j

. Peter S. Lam Mail Stop: T-3 F23 l Atomic Safety And Licensing , U.S. Nuclear Regulatory  ;

Board Commission U.S. Nuclear Regulatory 20555 i Washington, D.C.

Commissicn .

Washington, D.C. 20555 z

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08/30/95 Ga. Dept. of La$r [dOU3/003 13i37..FA 404 657 9932

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e Administrative Judge Administrative Judge Charles Bechhoefer, Chairman .

Jerry R. Kline Atomic Safety and Licensing

. Atomic Safety and-Licensing Board-Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 20555 Washington, D.C. 20555 Washington, D.C. , ,

Sherwin E. Turk, Esq.

Randy A. Nordin, Esq. <

E. Gail Gunnels, Esq.

Sunan S. Chidakel, Esq.

Georgia Int..itute of ,

Office'of the General. Counsel Technology .

, U.S. Nuclear Regulatory 400 10th Street Commiasion Atlanta, Georgia 30332 Washington, D.C. 20555 Docketing and Service Branch Glenn Carroll U.S. Nuclear Regulatory Georgians Against Nuclear Commission Enntgy Washington, D.C. 20555 Post Office Box 8574 30306 Atlanta Georgia This day of b _ , ,19 .

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PATRICIA GUiLDAY Q M 4 @ ~- 2 Assistant Attornef' General ,

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