ML20148P734

Order.* Informs That Petitions Filed by NRC & LES for Commission Review of ASLB 970501 Final Initial Decision LBP-97-08 Granted & Issues Raised in Petitions Will Be Reviewed.W/Certificate of Svc.Served on 970630

ML20148P734
Person / Time
Site:	Claiborne
Issue date:	06/30/1997
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	LOUISIANA ENERGY SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC), NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT &
References
CON-#397-18384 CLI-97-07, CLI-97-7, LBP-97-08, LBP-97-8, ML, NUDOCS 9707030039
Download: ML20148P734 (5)

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• . 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION COMMISSIONERS: 97 Jm' 30 A9:12 Shirley Ann Jackson, Chairman 0FFICE OF SECRETARY l Kenneth C. Rogers 00CKETitG & SERVU:F Greta J. Dicus BRANCH Nils J. Diaz Edward McGaffigan, Jr.

) SERVED J#l 301997 In the matter of )

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Louisiana Energy Services ) Docket No. 70-3070-ML i

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(Claiborne Enrichment Center) )

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1 CLI-97-7 ORDER I The Nuclear Regulatory Commission staff and Louisiana Energy Services (LES) have filed petitions for Commission review of the Atomic Safety and Licensing Board's May 1, 1997, Final Initial Decision, LBP-97-8, 45 NRC (1997), concerning contention J.9 (raising " environmental justice" claims). This proceeding involves LES's application for a license to construct and operate the Claiborne Enrichment Center (CEC) near Homer, Louisiana.

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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.1 1 The Commission also has before it three petitions for review, two by CANT and one by LES, raising various challenges to the Board's handling of waste disposal issues, including its 9707030039 970630 PDR ADOCK 07003070

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1. Schedulino of Briefs.

Pursuant to 10 C.F.R. S 2.786(d), the Commission sets the i following briefing schedule':

1. The staff and LES shall file their briefs on or before August 8, 1997. Each brief shall be no longer-than 30 pages.

2. CANT shall file a single responsive brief on or before September 18, 1997. Its response shall not exceed 40  ;

pages. We allow 40 pages for CANT's brief so that CANT l will have adequate space to respond to separate l approaches that may be taken in the opening briefs of  !

the staff and LES. It is also possible that CANT will face an amicus curiae brief filed by NEI. See discussion below.

3. The staff and LES may file reply briefs on or before September 30, 1997. Their replies shall not exceed 10 pages each.

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.

decision in LBP-97-3, 45 NRC __ (1997). In addition, the Commission is considering the briefs filed by the parties after the Commission granted earlier petitions for review raising NEPA and financial qualifications issues, See CLI-97-3, 45 NRC 49 (1997). The Commission will act on those matters in due course.

2 In a letter oated June 5, 1997, CANT's lawyers asked the Commission, in setting a briefing schedule, to take into consideration their "previously scheduled family obligations out of town during the entire month of August." LES opposes any delay in the proceeding. The Commission has taken into account both concerns in establishing the briefing schedule in this case. t

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2. Motion to File Amicus Curiae Brief in Support of Petitions.

The Nuclear Energy Institub.e (NEI) has sought leave to file an amicus curiae brief in support of the petitions for review.

We deny the motion. Our rules contemplate amicus curiae briefs only after the Commission grants a petition for review, and do not provide for amicus briefs supporting or opposing petitions for review. See 10 C.F.R. S 2.715(d); cf. Secuovah Fuels Corooration and General Atomics (Gore, Oklahoma Site), CLI-96-3, 43 NRC 16, 17 (1996). No special circumstances here warrant an exception to our rules.

Without further motion, however, we will permit NEI to file an amicus brief on the merits, not to exceed 20 pages, should it choose to do so. See Secuovah Fuels Corocration, 43 NRC at 17.

NEI must file its amicus brief no later '.han the filing date of the briefs for the parties whose position NEI supports. See 10 C.F.R. S 2.715(d).

IT IS SO ORDERED.

kp For the Commission'

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.' ..g f/ ?f) L 0 John C. Hoyle g 9 Secretary of the Commission g,,,y Dated at Rockville, Maryland, this 3e tb day of June, 1997.

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2 Commissioner Dicus was not available for the affirmation of this Order. If she had been present, she would have approved the Order.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I

In the Matter of LOUISIANA ENERGY SERVICES, L.P. Docket No.(s) 70-3070-ML (Claiborne Enrichment Center SNM License)

CERTIFICATE OF SERVICE l

I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-97-7) 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. l Administrative Judge j Office of Commission Appellate Thomas S. Moore, Chairman  !

! Adjudication Atomic Safety and Licensing Board l 8

U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23  !

l Washington, DC 20555 U.S. Nuclear Regulatory Comission J Washington, DC 20555 Administi u.4 ve Judge AdministrativeJuG2 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 Commission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Eugene Holler, Esq.

Janice E. Moore, Esq.

• Diane curran, Esq.

Office of the General Counsel Harmon, Curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555

• Jay E. Silberg, Esq. Roland J. Jensen

' Counsel for NEI President Shaw, Pittman, Potts & Trowbridge Lousiana Energy Services, L.P.

2300 N Street, N.W. 2600 Virginia Avenue, N.W., hite 608 Washington, DC 20037 Washington, DC 20037 i

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4 l Docket No.(s)70-3070-ML COMMISSION ORDER (CLI-97-7)

Robert G. Morgan i Licensing Manager *J. Michael McGarry, III, Esq.

LES - c/o Duke Engineering and Counsel for LES l Services, Inc. Winston & Strawn PO Box 1004 1400 L Street, N.W.

Charlotte, NC 28201 Washington, DC 20005 i

Ronald Wascom

{ Nathalie M. Walker, Esq. Deputy Assistant Secretary a

Robert B. Wiygul, Esq. Office of Air Quality & Rad. Protection-Sierra Club Legal- Defense Fund, Inc. Dept. of Environmental Quality i 400 Magazine Street, Suite 401 P.O. Box 82135 New Orleans, LA 70130 Baton Rouge, LA 70884 Dated at Rockville, Md. this 30 day of June 1997 Office of the Secretary of the Co' mission f

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• Faxed 1

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