ML20140E421
| ML20140E421 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 06/02/1997 |
| From: | Bishop R, Silberg J NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT &, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#297-18343 LBP-97-08, LBP-97-8, ML, NUDOCS 9706120043 | |
| Download: ML20140E421 (9) | |
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USNRCJune,1997 2-VI JJN -/ P4 57 UNITED STATES OF AMERICA 3FFICE OF SECRETARY L
NUCLEAR REGULATORY COMMISSI90CKETlHG & SERVICE BRANCH Before the Commission In the Matter of-
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Docket No. 70-3070-ML l'
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 ANSWER TO PETITION BY.
i-APPLICANT LOUISIANA ENERGY SERVICES FOR REVIEW OF LBP-97-8 1
As permitted by 10 C.F.R. 2.730, the Nuclear Energy Institute ("NEI") hereby moves i
for leave to file as amicus the attached answer in support of the " Petition of Applicant Louisiana J
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. Energy Services for Commission Review of LBP-97-8",' dated May 27,1997. NEI seeks leave to file the attached answer because the Board's Final Initial Decision is' based upon significant legal errors which, if allowed to stand, could severely affect the interests of the nuclear energy industry.
NEI is th' e organization responsible for establishing unified nuclear industry policy on mat-ters affecting the nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEI's members include all utilities licensed to operate commercial nuclear power j
i plants in the United States, nuclear plant designers, major architect / engineering firms, fuel fabrica-i tion facilities, materials licensees, and'other organizations and individuals involved in the nuclear
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The Board's Final Initial Decision contains serious errors oflaw both with respect to the application of Executive Order 12898 and the National Environmental Policy. Act ("NEPA"). If i
left to stand, the Board's decision could establish damaging precedents that could adversely im-pact other NRC licensing actions, in addition to the LES proceeding itself. The Board's ruling is therefore highly important, not only for this first-of-a-kind enrichment facility licensing proceed-ing, but also because it is the first ruling by a Board or the Commission (or indeed by any agency) interpreting the Executive Order and is therefore likely to be important for future NRC licensing proceedings for other types of facilities as well.
The Board's decision also injures the financial interests of NEI's members. The licensing of the Claiborne 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 NEI's member
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utilities, because they affect the utilities' ability to obtain the most cost effective and secure source of supply of fuel for their plants..
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Accordingly, NEI respectfully moves the Commission to accept NEI's answer and con-sider carefully the important issues affecting the industry.
Respectfully submitted, i
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 r$sI'
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y Robert W. Bishop '
Jay D. Silberg O
Vice President & General Counsel Counsel for Nuclear Energy Institute
' Dated:' June 2,1997 I
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UNITED STATES OF AMERICA
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' NUCLEAR REGULATORY COMMISSION Before the Commission l
t 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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NUCLEAR ENERGY INSTITUTE'S ANSWER IN SUPPORT OF PETITION BY -
- APPLICANT LOUISIANA ENERGY SERVICES FOR REVIEW OF LBP-97-8 i
l The Nuclear Energy Institute ("NEI") hereby submits this' answer in support of the " Peti-1 tion of Applicant Louisiana Energy Services for Commission Review of LBP-97-8", dated May 27,1997.. NEI supports Commission review of the Final Initial Decision, LBP-97-8, because it is the first decision to deal with "environmentaljustice" issues and is based upon significant legal er-l rors which, if allowed to stand, could severely affect the interests of the nuclear energy industry.
NEI is the organization responsible for establishing unified nuclear industry policy on mat-ters affecting the nuclear energy industry, including regulatory aspects of generic operational and p
technical issues. NEl's members include r.11 utilities licensed to operate commercial nuclear power V
3 plants in the United States, nuclear plant designers, major architect / engineering firms, fuel fabrica-tion facilities, materials licensees, and other organizations and individuals involved in the nuclear
' energy industy, q
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~ The Board's Final Initial Decision contains serious errors oflaw both with respect to the application of Executive Ord'er 12898 (" Federal Actions to Address Environmental Justice in Mi-H nority Populatior s and Low-Income Populations", February 11,1994) and the National Environ-I mental Policy Act ("NEPA"). Ifleft to stand, the Board's decision could establish damaging precedents that could adversely impact other NRC licensing actions, in addition to the LES pro-ceeding itself. The Board's ruling is therefore highly important. The Final Initial Decision is the first NRC adjudicatory decision, and to our knowledge, the first adjudicatory decision by any agency. or court, to interpret and apply the Executive Order. This decision is imponant, there-l fore, not only for this first-of-a-kind enrichment facility licensing proceeding, but also for every -
other proceeding in which a party or a Board will seek to apply it.
' Because the Final Initial Decision is the first adjudicatory decision of any kind to interpret and apply the Executive Order, Commission review is critical. The fact that the decision was made in the absence of any Commission guidance makes the Commission's review of the Board's decision even more appropriate. The fact the decision was made in the absence of any guidance from any other agency makes Commission review yet more significant. The FinalInitial Deci-sion's penasive misinterpretations of the Executive Order and ofNEPA, as described in LES' Pe-tition for Commission Review, make Commission review essential.
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Accordingly, NEI respectfully moves the Commission to grant the Petition of Applicant l
Louisiana Energy Services for Commission Review of LBP-97-8.
Respectfully submitted, 1
Nuclear Energy Institute Shaw, Pittman, Potts & Trowbridge 17761 Street, N.W.
2300 N Street, N.W.
Washington, D.C. 20006 Washington, D.C. 20037 i
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Y kobert W. Bishop Jay piferg J
Vice President & General Counsel Counsel for Nuclear Energy Institute 1
Dated: June 2,1997 f
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.i DOCKETED USNRC June 2,1997 UNITED STATES OF AMERICA 97 Jtyl 4;57 i
NUCLEAR REGULATORY COMMISSION l
.I 0FFICE OF SECRETARY Before the Cammi. in" DOCKETING & SERVICF BRANCll 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) i L
(Claiborne Enrichment Center)
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i CERTIFICATE OF SERVICE I hereby certify that copies of" Motion By The Nuclear Energy Institute For Leave To File Amicus Answer To Petition By Applicant Louisiana Energy Services For Review Of LBP-97-8" and " Nuclear Energy Institute's Answer In Support Of Petition By Applicant t
Louisiana Energy Services For Review Of LBP-97-8" have been served on the persons listed I
below by deposit in the United States mail, first class, postage prepaid, or where indicated by an asterisk by hand delivery, or where indicatd by a double asterisk by both facsimile and first class mail, this 2nd day of June,1997.
- Thomas S. Moore, Administrative Judge
- Frederick J. Shon, Administrative Judge Chairman, Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory Commission l-U.S. Nuclear Regulatory Commission Two White Flint North i
Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 l
Rockville, MD 20852-2738 1
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- Richard F. Cole, Administrative Judge
- Office of Conunission Appellate Atomic Safety and Licensing Board Adjudication J
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
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. Two White Flint North One White Flint North 11545 Rockville Pike 11555 Rockville Pike i
Rockville, MD 20852-2738 Rockville, MD 20852-2738 i
- Office of the Secretary Atomic Safety and Licensing Board Panel i
Attn: Docketing and Service Branch U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington,DC 20555 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
- Eugene Holler, Esq.
J. Michael McGarry, III, Esq.
Office of the General Counsel Winston & Strawn U.S. Nuclear Regulatory Commission 1400 L Street, N.W.
One White Flint North Washington, D.C. 20005 11555 Rockville Pike Rockville, MD 20852-2738 Robert G. Morgan - WC26B.
Marcus A. Rowden, Esq.
Licensing Manager Fried, Frank, Harris, Shriver & Jacobsen Duke Engineering & Services,Inc.
I101 Pennsylvania Avenue, N.W.
400 South Tryon Street Suite 900 South Charlotte, NC 28201-1004-Washington,DC 20004 Diane Curran, Esq.
. Roland J. Jensen Harmon Curron,.Gallagher & Spielberg Louisiana Energy Services, L.P.
2001 S Street, N.W., Suite 430 2600 Virginia Avenue, N.W.
Washington,DC 20009 Suite 608 Washington,DC 20037 Joseph DiStefano, Esq.
- *Nathalie M. Walker, Esq.
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. Quinn, Racusia & Gazzola
- Sierra Club Legal Defense Fund 1401 H Street, N.W.
400 Magazine Street, Suite 401 Suite 510 NewOrleans,LA 70130 Washington,DC 20005 l
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Mr. Ronald Wascom David S. Bailey, Esq.
Deputy Assistant Secretary Thomas J. Henderson, Esq.
Office of Air Quality & Radiation Protection Lawyers' Committee for Civil j
P.O. Box 82135 Rights Under Law Baton Rouge, LA 70884-2135 1450 O Street, N.W., Suite 400 l
Washington,DC 20005 l
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Paul A.Gaukler Counsel for Nuclear Energy Institute mum,yrsoci I
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