ML20197D559
| ML20197D559 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 12/18/1997 |
| From: | Mcgarry J LOUISIANA ENERGY SERVICES, WINSTON & STRAWN |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#497-18683 LBP-97-03, LBP-97-22, LBP-97-3, ML, NUDOCS 9712290083 | |
| Download: ML20197D559 (4) | |
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t' IC DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMallSSION.
BEFORE TIIE COMMISSION Y/ KC 19 P3:17 OFFICE OF SECRETARY RULl1WGNGS AND
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ADJUDIC@CNS STAFF In the hiatter of
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LOUISIANA ENERGY SERVICES, L.P.
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December 18,1997
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(Claiborne Enrichment Center)
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Docket No. 70-3070-51L
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REPLY OF LOUISIANA ENERGY SERVICES TO CITIZENS AGAINST NUCLEAR TRASil'S SUPPLEh!ENT TO PETITION FOR PARTIAL REVIEW OF LBP-97-3 I.
INTRODUCTION Pursuant to the Commission's Order dated November 19, 1997, Applicant Louisiana Energy Services, L.P., responds to Citizens Against Nuclear Trash's (CANT) Supplement To Review Of LBP-97-3.
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RESPONSE
The matters raised by CANT in its Supplement are not new. Each was briefed before the Licensing Bo:-d in Proposed Findings Of Fact On Remand and in Reply To Proposed Findings Of Fact On Remand. Applicant directs the Commission's attention to Section 2 of its October 7,1997. Proposed Finding Of Fact On Remand and the entirety of its October 14,1997, Reply To Proposed Findings Of Fact On Remand. In addition, each of CANT's issues was addressed by the Licensing Board in Section 2 of its November 13, 1997 Memorandum (Explanation Required By Remand). LBP-97-22,46 NRC
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Applicant will not further belabor the record except to restate that Commission's hearing notice for this proceeding required the identincation of a " plausible strategy" dor the disposition of UF tails. 56 fed. Reg. 23,310, 23,313 (1991). As such, the rigorous examination of as 6
ultimate disposal site will occur when such an application for a license is Gled. At this time, the Commission needs only to look at whether a suitable site could be later identined. Given the Licensing Board's finding that (1) deep mine disposal is a viable option (Li3P-97-22,46 NRC (slip op. pp. 8-10)); (2) actual site data representative of deep mines has been used (11 at pp.10-18); and (3) resulting doses are orders of magnitude below regulatory requirements (11 at pp. L9-21), the Commission should conclude that a plausible scenario has been identined and that the costs associated therewith have been properly factored into the appropriate analyses. As such, CANT's Petition For Review should be denied.
Respectfully submitted,
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J. Michael McGarry, III WINSTON & STRAWN Attorneys for Louisiana Energy Services, L.P.
1 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
'97 KC 19 P3 :17 OFFICL OF SECRETARY
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RULEMENCC /s0 ADJUDICaiiCWS STAFF in the Matter of
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LOUISIANA ENERGY SERVICES, L.P. )
Docket No. 70-3070
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(Claiborne Enrichment Center)
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CERTIFICATE OF SERVICE I hereby certify that copies of the attached REPLY OF LOUISIANA ENERGY SERVICES, LP TO CITIZENS AGAINST NUCLEAR TRASH'S SUPPLEMENT TO PETITION FOR PARTIAL REVIEW OF LBP-97-3 were served upon the following this 18th day cf December,1997:
Secretary of the Commission
- Shirley Ann Jackson, Chairman
- U.S. Nuclear Regulatory Commirsion U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (Original plus 2)
Greta J. Dicus, Commissioner
- Nils J. Diaz, Commissioner
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Edward McGaffigan, Jr., Commissioner
- Administrative Judges Thomas S. Moore
- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
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Administrative Judge Richard F. Cole * -
Administrative Judge Frederick JLShon.*
Atomic Safety and Licensing Board :
Atomic Safety and Licensing Board l
U.S._ Nuclear Regulatory Commission U.S; Nuclear Regulatory Commission Washington, D.C. 20555 yWashington, D.C.
20555-Office of Appellate Adjudication
- Richard G; Bachman, Esq. * -
U.S. Nuclear Regulatory Commission Office of General Counsel 3
Washington, D.C. -- 20555 -
Washington, D.C. 20555 Joseph DiStefano, Esq.* '
Marcus A. Rowden,- Esq *
- _Quinn, Racusin & Gazzola :
Fried, Frank, Harris, Shriver & Jacobsen 140111 Street, N.W.
1101 Pennsylvania Avenue, N.W.
Suite 510-Suite 900 South Washington, D.C. 20005 Washington, D.C. 20004 LDiane Curran * -
Ronald Wascom, Deputy Asst. Sec.*
- IIarmon, Curran & Spielberg Louisiana Dept. of Environmental Quality 2001 S. Street. N.W.
Office of Air Quality & Radiation
- Sultc 430 Protection Washington, D.C. 20009' P.O. Box 82135 Baton Rouge, LA 70884-2135 Adjudicatory File
- Nathalie M. Walker
- Atomic Safety & Licensing Board Earthjustice Legal Defense Fund U.G. Nuclear Regulatory Conunission 400 Magazine Street, Suite 401 Washington, D.C. 20555 New Orleans, LA 70130 Robert W. Bishop
- Jay E. Silberg *
' 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 Thomas J. Henderson r
Lawyers' Committee for Civil Rights Under Law 1450 G Street, N.W., Suite 400 Washington, D.C. 20005 December 18,1997 LOUISIANA ENERGY SERVICES, L.P.
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ff Michael McCdtry,411 WINSTON & STRAWN COUNSEL FOR LOUISIANA ENERGY SERVICES, L.P.
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