ML20136G382
| ML20136G382 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 03/13/1997 |
| From: | Bishop R, Silberg J NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT &, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20136G386 | List: |
| References | |
| CON-#197-18208 LBP-96-25, ML, NUDOCS 9703180023 | |
| Download: ML20136G382 (3) | |
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YI MAR 13 P4 :15 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI6#lCE OF SECRETARY 00CKETlHG & SERVICE Before the Commission BRANCH in the Matter of
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Docket No. 70-3070 ML LOUISIANA ENERGY SERVICES, L.P.
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(Special Nuclear Material License)
-(Claiborne Enrichment Center)
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MOTION BY THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AMICUS BRIEF ON REVIEW OF LBP-96-25 As permitted by 10 C.F.R. { 2.715(d), the Nuclear Energy Institute ("NEl") hereby m, oves for leave to file the attached amicus brief on review of Partial Initial Decision, LBP-96-25,44
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NRC _ (1996), issued by the Atomic Safety and Licensing Board ( " Board") in the above-captioned matter. NEl seeks leave to file this Amicus Brief because the Board's Partial Initial Decision is based upon significant legal error which, if allowed to stand, could severely affect the interests of the nuclear energy industry.
NEl is the organization responsible for establishing unified nuclear industry policy on I
matters affecting the nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEl's members include all utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect / engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry.
)[3 9703180023 970313 PDR ADOCK 07003070 C-PDR
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!L The Board's Partial Initial Decision contains serious errors oflaw both with respect to the application of the National Environmental Policy Act ("NEPA") and the Commission's financial i
qualification requirements. The Board's rulings concerning the treatment in the environmental i
impact statement ("EIS") of the "need" for the Claiborne Enrichment Center and the EIS' analysis of the "no-action alternative" are both erroneous and misguided. They are contrary to NEPA, l
NRC regulation and precedent, and judicial precedent. Similarly, the Board's ruling on the finan-i cial qualifications of the applicant Louisiana Energy Services, L.P. ("LES") to construct and op-
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i erate the Claiborne Enrichment Center both misreads and misapplies the Commission's financial l
qualification requirements.
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Ifleft to stand, the Board's decision could establish damaging precedents that could ad-l versely impact other NRC licensing actions, as well as the LES proceeding itself. The Board's rulings are therefore highly important, not only for this first-of-a-kind enrichment facility licens-i ing proceeding, but also could be important for future NRC licensing proceedings for other types
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of facilities as well.
4 The Board's decision also injures the financial interests of NEI's members. The licensing
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of the Claibome Enrichment Center would introduce significant additional competition into the enrichment services market, potentially reduce reliance on foreign sources, and add to the diver-sity of uranium enrichment supply. All of these factors are extremely important to NEl's mem-ber utilities, because they affect the utilities' ability to obtain the most cost effective and secure source of supply.
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Accordingly, NEl respectfully move; the Commission to accept NEl's Amicus Brief and consider carefully the important issues affecting the industry.
Respectfully submitted, Nuclear Energy Institute Shaw, Pittman, Potts & Trowbridge 1776 I Street, N.W.
2300 N Street, N.W.
Washington, D.C. 20006 Washington, D.C. 20037
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' Robert W. Bishop 7'
Jayg S/lberg l
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Vice President & General Counsel David R. Lewis Paul A.Gaukler Paul Gormley Counsel for Nuclear Energy Institute Dated: March 13,1997 41922141/ DOC 500t 3
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