ML20133E371
| ML20133E371 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 01/07/1997 |
| From: | Mcgarry J LOUISIANA ENERGY SERVICES, WINSTON & STRAWN |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#197-18126 91-641-02-ML, 91-641-2-ML, LBP-96-25, ML, NUDOCS 9701130018 | |
| Download: ML20133E371 (4) | |
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UNITED STATES OF AMERICA
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l NUCLEAR REGULATORY COMMISSION e4 DOCKETING IL BEFORE THE COMMISSION
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Ej yy In the Matter of
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Docket No. 70-3070-i
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l LOUISIANA ENERGY SERVICES, L.P.
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ASLBP No. 91-641-02-ML
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(Claiborne Enrichment Center)
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January 7, 1997 j
)
ANSWER OF APPLICANT LOUISIANA ENERGY SERVICES IN BUPPORT OF NRC STAFF'S PETITION FOR REVIEW OF LBP-96-25__
Applicant Louisiana Energy Services, L.P.
("LES"),
herein answers, pursuant to 10 C.F.R.
S 2.786 (b) (3), in support of the petition filed by the NRC Staff on December 23, 1996, seeking review of LBP-96-25.l' LES agrees that Commission review of LBP 25 is warranted for the reasons stated in the NRC Staff's petition.
LES agrees that the Licensing Board wrongly applied legal standards applicable to power reactor license applicants in addressing Intervenor's Contentions J.4 and K,
concerning the "need" for the Claiborne Enrichment Centei-(" CEC") and the "no action" alternative to licensing of the facility.
LES agrees that the Licensing Board erred in (1) finding that price competition (as characterized by the Licensing Board) is the " principal benefit" against which the costs of the facility are to be weighed in the overall NEPA cost-benefit analysis for the CEC, and (2) holding that the cost-benefit analysis for the CEC incorrectly includes discussion of " secondary" benefits.
LES also agrees that the Licensing Board disregarded relevant evidence offered by LES and the NRC Staff on these issues, I
l l'
Louisiana Energy Services.
L.P.
(Claiborne Enrichment Center),
LBP-96-25, 44 NRC __ (slip op.,
December 3, 1996).
9701130018 970107 PDR ADOCK 07003070 C
including (1) evidence on benefits of the CEC other than price competition and (2) analyses of environmental impacts of the CEC which were referred to in the FEIS discussion of the "no action" alternative and located elsewhere in the FEIS.
With respect to Contention Q, LES agrees with the NRC Staff that the Licensing Board erred in applying to LES financial qualifications standards at least as prescriptive as those that have been applied to power reactor license applicants.
LES also agrees that the Licensing Board erred in concluding that LES has failed to provide adequate evidence of its ability to obtain debt financing for the construction of the CEC.
For the reasons provided by the NRC Staff, and those provided in LES's petition for review filed December 19, 1996, LES supports the NRC Staff's petition for Commission review of LBP-96-25.
LOUISIANA ENERGY SERVICES, L.P.
l J. Michae M cgarry, III Robert L. Draper WINSTON & STRAWN, ATTORNEYS FOR LOUISIANA ENERGY SERVICES, L.P.
Dated at Washington, D.C.,
this 7th day of January, 1996 2
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V 4
UNITED STATES OF AMERICA o
NUCLEAR REGULATORY COMMISSION jfb3. g \\393 BEFORE THE COMMISSION
~
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In the Matter of
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g LOUISIANA ENERGY SERVICES, L.P.
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Docket No. 70-3070
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(Claiborne Enrichment Center)
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l
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i CERTIFICATE OF SERVICE I hereby certify that copies of " Answer of Applicant Louisiana l
Energy Services in Support of NRC Staff's Petition for Review of LBP-96-25" were served upon the following by deposit in the United States mail, first class, this 7th day of January, 1997:
Administrative Judge Administrative Judge Thomas S. Moore, Chairman Richard F.
Cole Atomic Safety and Licensing Atomic Safety and Licensing Board Board i
U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 (2 copies) l Administrative Judge Secretary of the Commission Frederick J.
Shon U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Attention: Chief, Docketing and Commission Service Section Washington, D.C.
20555 (Original plus 2 copies)
Office of Commission Appellate Eugene Holler, Esq.
Adjudication Office of the General Counsel U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Ronald Wascom, Deputy Assistant Joseph DiStefano, Esq.
Secretary Quinn, Racusin & Gazzola i
Office of Air Quality &
1401 H Street, N.W.
Radiation Protection Suite 510 P.O.
Box 82135 Washington, D.C.
20005 Baton Rouge, LA 70804-2135
i
-2 l
l Robert G.
Morgan - WC26B Marcus A. Rowden Licensing Manager Fried, Frank, Harris, Shriver &
Duke Engineering & Services, Jacobsen Inc.
1101 Pennsylvania Avenue, N.W.
400 South Tryon Street Suite 900 South a
Charlotte, NC 26201-1004 Washington, D.C.
20004 Diane Curran Nathalie Walker Harmon, Curran, Gallagher &
Sierra Club Legal Defense Fund Spielberg 400 Magazine St.
2001 S Street, N.W.
Suite 401 Suite 430 New Orleans, LA 70130 Washington,D.C.
20009-1125 Adjudicatory File Roland J.
Jensen Atonic Safety and Licensing Louisiana Energy Services, L.P.
Board Panel 2600 Virginia Avenue, N.W.
U.S.
Nuclear Regulatory Suite 608 Commission Washington D.C.
20037 Washington, D.C.
20555 Thomas J. Henderson, Esq.
David S.
Bailey, Esq.
Lawyers' Commmittee for Civil Rights Under Law 1450 G Street, N.W.
Suite 400 Washington, D.C.
20555 LOUISIANA ENERGY SERVICES, L.P.
Robert'L. Draper [
WINSTON & STRAWN, ATTORNEYS FOR LOUISIANA ENERGY
- SERVICES, L.P.