ML20126M396
| ML20126M396 | |
| Person / Time | |
|---|---|
| Issue date: | 05/28/1982 |
| From: | Scarano R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20126M127 | List: |
| References | |
| FOIA-84-709 NUDOCS 8506200316 | |
| Download: ML20126M396 (2) | |
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veu vvvi 5/ I WMUR w/f 20 E S r/f KJHamill WMUR:KJH DEMartin 414.15 JJLinehan HJPettengill RAScarano MEMORANDUf1 FOR: John B. Martin, Director REBrowning Division of Waste Management BFisher MHaisfield FROM: Ross A. Scarano, Chief Uranium Recovery Licensing Branch Division of Waste Management
SUBJECT:
STATUS REPORT ON TECHNICAL ASSISTANCE TO OGC (332112)
By the end of the last reporting period, all briefs, both petitioners' and respondent's, had been filed and oral argument had been held in ,
connection with litigation on the mill tailings regulations. The petitioners claimed that the Commission did not have the authority to establish the mill tailings requirements prior to EPA issuance of related standards and that, even if we did have the authority, we had not followed proper procedures in developing the regulations.
On March 17,1982, the 10th Circuit Court of Appeals in Denver, C0 issued a decision in this matter finding that the Co'nmission did have the authority to issue the subject regulations, had followed proper procedures, had examined all of the important issues, and had provided an adequate basis for the requirements.
The petitioners have inf'ormed the Connission (0GC) that they intend to appeal this decision. The avenues of appeal which are available to the petitioners are: (1) court - same justices) petition for a re-hearing (before the same; (2) petition for the same court -- 10th Circuit .- but with review by all justices assigned to the 10th Circuit); and (3) petition for certiorari before the United States Supreme Court. The petitioners may pursue any or all of 8506200316 850308 PDR FOKA l
BERICK84-709 PDR
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__ gg g g these appellate processes. The petitioners have requested an extension of the time for filing an, appeal and the Commission has not objected to this request.
Original Signed by:
R.A.Scarano Ross A. Scarano, Chief Uranium Recovery Licensing Branch Division of Waste Management t
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DATE :82/05/26
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