ML20138K549
| ML20138K549 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Cordes J NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA) |
| References | |
| REF-10CFR9.7 M970213B, SECY-97-024-C, SECY-97-24-C, NUDOCS 9702190001 | |
| Download: ML20138K549 (5) | |
Text
. . . . - .. ._ . .
l
[ss ne: o UNITED STATES y , NUCLEAR REGULATORY COMMISSION j WASHINGTON, D.C. 20555-0001
!_ ;j.
- l
- n IN RESPONSE, PLEASE
%,,*****[ February 14, 1997 REFER TO: M970213B j j
OFFICE OF THE SECRETARY ,
l i
MEMORANDUM FOR: John F. Cordes, Acting Director Off f Co ission Appellate Adjudication
(.A FROM: Jo C. Hoyl , Secretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION SESSION, ;
11:30 A.M., THURSDAY, FEBRUARY 13, 1997, l COMMISSIONERS' CONFERENCE ROOM, ONE WHITE l FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
L. SECY-97-024 - Louisiana Enerav Services (Claiborne Enrichment Center); Atomic Safety and Licensina Board i Partial Initial Decision (Resolvina Contentions J.4. K. and O). LBP-96-25 The Commission approved the attached order granting the 2
petitions submitted by Louisiana Energy Services (LES) and the NRC staff for Commission review of LBP-96-25. The Order indicated that the Commission expects the Board to issue a decision on the remaining issues in this proceeding by May 1,
' 1 1997, if possible.
(Subsequently, on February 13,'1997 the Secretary signed the Order.)
Attachment:
As stated 1
Section 201 of the Energy Reorganization Act, 42 U.S.C.
Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioners Dicus and Diaz were not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision.
Commissioners Dicus and Diaz, however, had previously indicated that they would approve this paper and had they been present they would have affirmed their prior vote.
180073 d
_VLc u m t)Ys '
9702190001 970214 \\
1 i
1 cc: Chairman Jackson Commissioner Rogers j Commissioner Dicus Commissioner Diaz l l
Commissioner McGaffigan EDO OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
l l
1 l
l I
. . - . . . . . . - . . . - . - - . . ~ - - . .- ~.. . - . - . -
b
! UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I COMMISSIONERS:
Shirley Ann Jackson, Chairman Kenneth C. Rogers Greta J. Dicus Nils J. Diaz Edward McGaffigan, Jr.
) l In the matter of )
)
Louisiana Energy Services ) Docket No. 70-3070-ML ;
)
(Claiborne Enrichment Center) )
} j CLI ORDER The Nuclear Regulatory Commission Staff and Louisiana Energy Services (LES) have filed petitions for Commission review of the Atomic Safety and Licensing Board's December 3, 1996, Partial Initial Decision, LBP-96-25. 44 NRC (1996). This proceeding 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 petitions for Commission review. In accordance with the considerations set forth in 10 C.F.R. S 2.786 (b) (4) , the Commission has decided to grant the petitions and will review the issues raised in the staff's and LES's petitions.
l I
h 2
i
- 1. Schedulinc of Briefs.
Pursuant to 10 C.F.R. S 2.786 (d) , the Commission sets the following briefing schedule:
i
- 1. The staff _and LES shall file their briefs on or before March 13, 1997. Each brief shall be no longer than 40 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.
- 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 and on the Commission, so that thev are received in the hands of 1
the recioient no later than 4:15 o.m.. Eastern Time, on the due 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 followed by a mailed original signed copy. Briefs in excess of 10 pages must contain a table of contents, with page references, and a table of cases (alphabetically arranged), statutes, regulations, and other authorities cited, with references to the pages of the brief where they are cited. Page limitations on briefs are exclusive of pages containing a table of contents, table of cases, and of any addendum containing statutes, rules, regulations, etc.
i I
. l 3 ;
1
- 2. Remainina Issues Before the Board.
The Commission expects that the Board will be able to decide i 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.
For the Commission l
John C. Hoyle !
Secretary of the Commission Dated at Rockville, Maryland, this day of February, 1997.
j i
i i