ML20138J210
| ML20138J210 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 03/19/1997 |
| From: | Curran D, Walker N CITIZENS AGAINST NUCLEAR TRASH, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., SIERRA CLUB LEGAL DEFENSE FUND, INC. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#297-18263 91-641-02-ML, 91-641-2-ML, LBP-97-03, LBP-97-3, ML, NUDOCS 9705080080 | |
| Download: ML20138J210 (6) | |
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s UNITED STATES OF AMERICA MR 19 MI NUCLEAR REGULATORY COMMISSION cI DOCKETING &
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Docket No. 70-307041L
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In the Matter of
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ASLEP No. 91-641-02-ML t
LOUISIANA ENERGY SERVICES, L.P.
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(Special Nuclear j
(Claiborne Enrichment Center)
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Materials License)
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March 19,1997 1
RESPONSE OF INTERVENOR, CITIZENS AGAINST NUCLEAR TRASII, TO TIIE MOTION OF LOUISIANA ENERGY SERVICES FOR REFERRAL OF SCIIEDULE FOR FILING PETITIONS FOR REVJEW OF LBP-97-3 i
Citizens Against Nucicar Trash (" CANT") hereby responds to the " Motion of Applicant j
Louisiaha Energy Services For Deferral of Schedule For Filing Petitions For Review Of LBP-1 97-3."$
LES secks postponement of the deadline for filing a petition for review of LBP-97-3
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(March 7,1997), which addresses CANT's Contentions B and J.3 (tails disposal cost estimates),
j until such time as the 1.icensing Board issues a decision on the environmental justice issue 1
(Contention J.9). CANT strongly opposes this request.
It would be unduly burdensome and unfair to CANT if the timeframe for briefing the two major issues of tails disposal cost estimates and environmental justice were made to i
coincide. The briefing on Contentions L4, K, and Q (LBP-96-25, December 3,1996) is a case in point: CANT is now struggling to respond by April 17,1997, to 80 pages of appellate bilefs 8 LT 's motion was apparently filed on March 17, 1997, but undersigned counsel was not favored.with a copy until requesting such on March 19, 1997.
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filed by LES and the NRC Staff on these Contentions. Although LES and the NRC Staff have had over three months since the issuance of LBP-96-25 (December 3,1996) to prepare their briefs on appeal, CANT has been given only 5 weeks -- during which CANT's counsel will be out of town for ten days,' thus reducing the time to three weeks. In addition, CANT is faced with the possibility of having to respond to another 40 page brief filed by the Nuclear Energy Institute ("NEI"), although CANT has opposed NEl's motion for leave to file the brief. Sss
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" Opposition Of Intervenor, Citizens Against Nuclear Trash, To The Motion By The Nuclear Energy Institute For I cave To File Amicus Brief On Review of LBP-96-25 (March 14,1997).
It is difficult enough to respond to a combined government /LES/ industry-wide onslaught of briefs on ons issue; the suggestion for a schedule deliberately requiring CANT to respond to such an onslaught on two issues is absurd.
In order to deal reasonably and realistically with the significant amount of briefing that must be done in this matter, and to allow the parties a full and meaningful opportunity to prepare their pleadings, CANT respectfully urges the Commission to set a global schedule for further petitions for review and briefing of appellate issues expected in this case. CANT proposes the following schedule:
April 17,1997 -
CANT responds to the LES and NRC Staff briefs pertaining to Contentions J.4, K, and Q (LBP-96-25) as directed by the Commission on February 13,1997 (CLI-97-3).
Sr_c " Motion Of Intervenor, Citizens Against Nuclear Trash, For An Extension Of Time To 4
Respond To LES's and the NRC Staff's Appeal Briefs" (February 19, 1997).
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May 1,1997 CANT responds to the NEI brief pertaining to Contentions J.4, K, and Q (LBP-96-25).
May 1,1997 Petitions for Review of LBP-97-3 (Contentions B and J.3) are due.
May 16,1997 -
Responses to Petitions for Review of LBP-97-3 (Contentions B and J.3) are due.
Contention 15 days after May 16,1997 or 15 days after service of the J.9 Licensing Board's decision on Contention J.9,5 whichever is later, Petitions for Review of the Board's decision are due.
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Respectfully submitted, Nathalie M. Walker SIERRA CLUB LEGAL DEFENSE FUND, INC.
400 Magazine Street, Suite 401 New Orleans, Louisiana 70130 Telephone: (504) 522-1394 i
Diane Curran HARMON, CURRAN, AND SPIELBERG 2001 "S" Street N.W., Suite 430 Washington, D.C. 20009 Telephone: (202) 328-3500 By:
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Nathalie M. Walker Attorneys for Intervenor, 4
Citizens Against Nuclear Trash i
5 In the Commission's Order of February 13,1997 (CLI--97-3) at 3, the Commission noted that it " expects that the Board will be able to decide [ Contention J.9) 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."
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Docket No. 70-3070-ML In the Matter of
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ASLBP No. 91-641-02-ML LOUISIANA ENERGY SERVICES, L.P.
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(Special Nuclear (Claiborne Enrichment Center)
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Materials License)
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March 19,1997 CERTIFICATE OF SERVICE I hereby certify that copies of the " Response Of Intervenor, Citizens Against Nuclear Trash, To The Motion Of Louisiana Energy Services For Deferral Of Schedule For Filing
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Petitions For Review of LBP-97-3" have been served on this 19th day of March,1997, as follows:
Secretary of the Commission By first class mail U.S. Nuclear Regulatory Commission and facsimile Washington, D.C. 20555 original plus 2 copies Attention: Chief, Docketing and Service Section Shirley Ann Jackson, Chairman By first class mail U.S. Nuclear Regulatory Commission and facsimile Washington, D.C. 20555 1 copy Kenneth C. Rogers, Commissioner By first class mail U.S. Nuclear Regulatory Commission and facsimile Washington, D.C. 20555 1 copy l
Greta J. Dieus, Commissioner By first class mail U.S. Nuclear Regulatory Commission and facsimile Washington, D.C. 20555 1 copy
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i Nils J. Diaz, Commissioner By first class mail U.S. Nuclear Regulatory Commission and facsimile l
i Washington, D.C. 20555 1 copy l
Edward McGaffigan, Jr., Commission By first class mail U.S. Nuclear Regulatory Commission and facsimile
. Washington, D.C. 20555 1 copy Administrative Judge By first class mail Thomas S. Moore, Chairman 1 copy j
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission i
Washington, D.C. 20555 Administrative Judge By first class mail l
Richard F. Cole I copy j
Atomic Safety and Licensing Board i
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4
l Administrative Judge By first class mail Frederick J. Shon 1 copy Atomic' Safety and Licensing Board 1
2 U.S. Nuclear Regulatory Commission l
Washington, D.C. 20555 Office of Commission. Appellate By first class mail i
Adjudication 1 copy i
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1
I Eugene Holler, Esq.
By first class mail Office of the General Counsel and facsimile U.S. Nuclear Regulatory Commission Icopy Washington, D.C. 20555 l
Joseph DiStefano By first class mail Quinn, Racusin & Gazzola 1 copy 1401 H Street, N.W.
d Suite 510 Washington, D.C. 20005 2
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1 Robert G. Morgan - WC26B By first class mail Licensing Manager 1 copy Duke Engineering & Services, Inc.
400 South Tryon Street Charlotte, NC.28201-1004 Marcus A. Rowden By first class mail Fried, Frank, Harris, Shriver Icopy
& Jacobsen 1101 Pennsylvania Avenue, N.W.
Suite 900 South Washington, D.C. 20004 Diane Curran By first class mail Harmon Curran & Spielberg I copy 2001 S St NW Suite 430 Washington, DC 20009 Ronald Wascom, Deputy Asst. Fec.
By first class mail Louisiana Dept. of Enytl. Quality Icopy Office of Air Quality & Radiation Protection P.O. Box 82135 4
Baton Rouge, LA 70884-2135 J. Michael McGarry,111 By first class mail Winston & Strawn and facsimile 1400 L Street, N.W.
I copy Washington, D.C. 20005 i
Adjudicatory File By first class mail Atomic Safety & Licensing Bd. Panel Icopy
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U.S. Nuclear Regulatory Commission Washington, D.C. 20555
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e Nathalie M. Walker SIERRA CLUB LEGAL DEFENSE FUND, INC.
Attorneys for Intervenor, Citizens Against Nuclear Trash 3
.