ML20136G350

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Order.* Informs That Petitions Filed by NRC & LES for Commission Review of ASLB 961203 Partial Initial Decision LBP-96-25 Granted & Issues Raised in Petitions Will Be Reviewed.W/Certificate of Svc.Served on 970213
ML20136G350
Person / Time
Site: Claiborne
Issue date: 02/13/1997
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To:
LOUISIANA ENERGY SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#197-18206 CLI-97-03, CLI-97-3, LBP-96-25, ML, NUDOCS 9703180013
Download: ML20136G350 (5)


Text

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DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR. REGULATORY COMMISSION

'97 EB 13 P4 :25 i

COMMISSIONERS:

OFFICE OF SECRETARY Shirley Ann Jackson, Chairman DOCKETING & SERVICE Kenneth C. Rogers BRANCH 1

Greta J. Dicus i

Nils J. Diaz l

Edward McGaffigan, Jr.

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, SERVED FEB 1 3 1997

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i In the matter of

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Louisiana Energy Services

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Docket No. 70-3070-ML

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l (Claiborne Enrichment Center) )

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CLI-97-3 ORDER 4

4 1

j The Nuclear Regulatory Commission Staff and Louisiana Energy Services (LES) have filed petitions for Commission review of the I

Atomic Safety and Licensing Board's December 3, 1996, Partial Initial Decision, LBP-96-25.

44 NRC (1996).

This proceeding

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involves LES's application for a license to construct and operate the Claiborne Enrichment Center (CEC) near Homer, Louisiana.

The intervenor, Citizens Against Nuclear Trash (CANT), opposes the i

l petitions for Commission review.

In accordance with the considerations set forth in 10 C.F.R.

S 2.786(b) (4), the j

Commission has decided to grant the petitions and will review the I

issues raised in the staff's and LES's petitions.

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9703180013 970213 Q

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PDR ADOCK 07003070 C

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1.

Schedulina of Brief1 Pursuant to 10 C.F.R.

$ 2.786(d), the Commission sets the following briefing schedule:

1.

The staff and LES shall file their briefs on or before March 13, 1997.

Each brief shall be no longer than 40 1

pages.

2.

CANT shall file a single responsive brief on or before April 10, 1997.

Its response shall not exceed 50 pages.

We allow 50 pages for CANT's responsive brief so that CANT will have adequate space to respond to i

separate approaches that may be taken in the opening briefs of the staff and LES.

i 3.

On or before April 24, 1997, the staff and LES may file reply briefs.

Their replies shall not exceed 15 pages each.

To be timelv, all documents must be served on the carties l

and on the Commission, so that they are received in the hands of I

the reciolent no later than 4:15 o.m..

Eastern Time, on the due l

l dates for filina.

Any means is permitted, including hand delivery, facsimile transmission or e-mail.

However, for service on the commission, facsimile or e-mail transmissions shall be j

followed by a mailed original signed copy.

Briefs in excess of i

10 pages must contain a table of contents, with page references, and a table of cases (alphabetically arranged), statutes, i

regulations, and other authorities cited, with references to the l

pages of the brief where they are cited.

Page limitations on briefs are exclusive of pages containing a table of contents, table of cc.ses, and of any addendum containing statutes, rules, regulations, etc.

1 I

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3 2.

Ra==inina Issues Before the Board.

The commission expects that the Board will be able to decide the remaining issues by May 1, 1997.

If the Board cannot do so, the Board should advise the Commission and parties of an alternative, reasonable schedule for deciding these issues.

IT IS SO ORDERED.

Np For the Commission 1 E.

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o g

4, 44

// John C/ Hoyle sew etary of the Commission Datedatgockville, Maryland, this

/3 day of February, 1997.

Commissioners Dicus and Diaz were not available for the 1

affirmation of this Order.

If they had been present, they would have approved the order.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4

In the Matter of LOUISIANA ENERGY SERVICES, L.P.

Docket No.(s) 70-3070-ML (Claiborne Enrichment Center SNM Licensu) 9 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMM ORDER (CLI-97-3) 2/13/97 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appellate

  • Thomas S. Moore, Chairman

]

Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 i

Administrative Judge Administrative Judge

  • Richard F. Cole
  • Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555
  • Eugene Holler, Esq.
  • Janice E. Moore, Esq.
  • Diane Curran, Esquire Office of the General Counsel Harmon, Curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Comission Washington, DC 20009 Washington, DC 20555 Robert G. Morgan Roland J. Jensen Licensing Manager President LES - c/o Duke Engineering and Lousiana Energy Services, L.P.

Services, Inc.

2600 Virginia Avenue, N.W., Suite 608 P0 Box 1004 Washington, DC 20037 Charlotte, NC 28201

Docket No.(s)70-3070-ML COMM ORDER (CLI-97-3) 2/13/97

  • J. Michael McGarry, III, Esq.
  • Nathalia M. Walker, Esq.

Counsel for LES Robert B. Wiygul, Esq.

Winston & Strawn Sierra Club Legal Defense Fund, Inc.

1400 L Street, N.W.

400 Magazine Street, Suite 401 Washington, DC 20005 New Orleans, LA 70130 Ronald Wascom Deputy Assistant Secretary i

Office of Air Quality & Rad. Protection Dept. of Environmental Quality P.O. Box 82135 Baton Rouge, LA 70884 Dated at Rockville, Md. this j

13 day of February 1997 Office of the Secretary of the Comission

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