ML20198H035

Responds to Which Forwarded N Walker Ltr on ASLB Final Initial Decision LBP-97-08 Re Application of LES to Construct & Operate Claiborne Enrichment Ctr.W/Certificate of Svc.Served on 970821

ML20198H035
Person / Time
Site:	Claiborne
Issue date:	08/14/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Landrieu M SENATE
References
CON-#397-18447 LBP-97-08, LBP-97-8, ML, NUDOCS 9709080082
Download: ML20198H035 (7)

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The Honorable Mary L. Landrieu United States Senate Washington, DC 20510

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Dear Senator Landrieu:

I am responding to your July 24,1997 letter which forwarded Ms. Nathslie Walker's letter on the Atomic Safety and Licensing Board's finalinitial decision, LBP 97 8, regarding the application of Louisiana Energy Services (LES) to construct and operate the Claiborne Enrichment Center. The Board's decision, which addresses environmental justice, was served on May 2,1997. In its decision, the Board found that the staff's final environmental impact statement (FEIS) failed to comply with the President's environmental justice directive, Executive Order 12898, which contains a nondiscrimination component.

The Board also concluded that the Claiborne Enrichment Center's impact on property values had not been adequately reflected in the FEIS and factored into the weighting of the costs and benefits of the facility.

The matter of LES' application tu construct and opeinte a uranium enrichment plant in Claiborne Parish, Louisiana, including the issue of environmental justice, is still the subject of an ongoing formal adjudication before the Agency. The Commission, which sits as an adjudicatory appellate body, has accepted LBP.97 8 for review and has set a schedule to be briefed by the parties. Therefore, I trust you will understand why I cannot respond, at this time, to provide you with the Commission findings and views on this matter without raising questions of prejudgment. it should be noted that Ms. Walker is one of the attorneys of record in the proceeding.

I trust that this information is responsive to your needs as well as the needs of your constituent. As requested in your July 24,1997 letter, I am returning the enclosures which you forwarded us from your constituent.

Sincerely,

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Dennis K. Rathbun, Director Office of Congressional Aff airs

Enclosure:

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hir. Dennis K. Rathbun Director Nuclear Regulatory Conunission l

OfEce of Congressional Affairs Washington, D.C. 20555

Dear Mr. Rathbun:

l Because of my desire to be responsive to all inquiries, I respectfully request your attention to the enclosed correspondence which I received from one of my constituents, his. Nathalie Walker of New Orleans, l.ouisiana.

I i will appreciate your Gndings and views, along with the return of the enclosures, on or before August 24,1997.

Thank you in advance for your time and consideration, and I look forward to hearing from you.

With kindest regards,I am Sincerely, h aryI.. andrieu United States Senator h1LL:bs Enclosure

8ACY,L d NDRtt U touwa.a Ylliitti Statts $tilatt WASHINGTON. DC 20510-1804 July 24,1997 i

Mt. Nathalie Walker 400 Magazine Street, Suite 401 New Orleans, Louisiana 70130 l

Dear Ms. Walker:

Thank you very much for letting me hear from you concerning the denial of a license to I

Louisiana Energy Sersices.

I will certainly be pleased to look into this matter for you, and have taken the liberty of contacting the appropriate officials, here in Washington, to request a report. I will be back in touch with you as soon as I receive any additional infonnation.

I appreciate your bringing this important matter to my attention, and I hope that you will continue to contact me when I can be of assistance to you.

With kindest regards, I am Sincerely, a

Mary L. Landrieu United States Senator MLL:swb s

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4 kg$,,\\M SIERRA CLUB LEGAL DEFENSE FUND 400 Magazine Street Suite 401 New Orleans LA 70130 phone: (504) 522-1394 fax: (504) 566-7242 email: scidfnawlins@ ige.apc.org FAX TRANSMITTAL MEMO -- URGENT !!!

The information contained in thisfacsimile message is confidential information intended onlyfor L

the use of the individual or entity named below, if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communicatior. is strictly prohibited. If you have received this communication in erroi, please immediately notify us by telephone, and return the original of this transmittal to us at the above address via the U.S. Postc' Service. Thank you.

1 DATE:

June 24,1997 TO:

Senator Mary Landrieu FROM:

Nathalie Walker, Managing Attorney j

VICTORY '!! In November of 1996, several of our friends signed a letter to the REMARKS:

Nu, clear Regulatory Commiss'.on ("NRC") urging denial of a license to Louisiana Energy Services ("LES") to build a uranium enrichment plant in the middle of the two African American communities of Forest Grove and Center Springs, (The signatones were: Rev. Dr. Joseph Lowery; Rev. Dr, Joan Louisiana.

Brown Campbell; Bishop Thomas L. Hoyt; Ms. Jane Fonda; Sen. Carol Mosely-Braun; Rep. John Conyers; Rep. Ronald V. Dellums; Rep. Cleo Fields; Rep.

Jesse L. Jackson Jr.; Rep. John Lewis; Rep. Cynthia McKinney; Rep. Eleanor Holmes Norton; Rep. Donald Payne; Rep. Maxine Waters; New Orleans Mayor Marc Morial.) On May 2,1997, a three judge panel from the A'omic Safety and Licensing Board of the NRC denied the license. Citing President Clinton's executive order on environmental justice, the judges found that there is "significant probative evidence in the current record that racial considerations played a part in the site selection process" for the proposed facility. LES is appealing the decision to the NRC Commissioners.

WE NEED YOU TO JOIN THE ABOVE-REFERENCED SIGNATORIES AND SIGN ON TO THE ATTACHED LEriER OPPOSING ANY REVERSAL OE

)N THIS HISTORIC DECISION. PLEASEINDIC ATE YOUR WILLINGNESS TO DO SO B_Y PHONE. FAL EhiAIL OR WH ATEVER BY THURSD AY. It'NE 26.1997. Call with any questions,

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l June 30, 1997 (b

Dr. Shirley Ann Jackson, Chairperson Mr. Kenneth C. Rogers, Commissioner g9-Ms. Greta J. Dieus, commissioner D

Mr. Hils J. Diaz, Commissioner Mr. Edward McGaffigan, Jr.,

U.S. Nuclear Regulatory Commission Washington, D.C.

20555-0001

Dear Commissioners:

l We are writing to laud the Nuclear Regulatory Commission ("NRC")

1 for the historic decision issued May 2,1997 by a three judge panel of the NRC's Atomic Safety & Licensing Board ("ASLB").

As you know, the ASLB denied a license to Louisiana Energy Services for the construction of a uranium enrichment plant that would have been sited in the middle of thc. African American communities of Forest Grove and Center Springs, Louisiana.

As noted in the decision, there ls "significant probative evidence in the current that racial considerations played a part in the site record selection process" for the proposed facility.

The ASLB's decision is thorough and well-reasoned, appropriately embracing President Clinton's executive order on environmental and carefully, detailing the many instances of bias

justice, evidenced in the site selection process for the proposed f acility.

It is gratifying to see the !TRC so adeptly recognize environmental as the ASLB noted,-is rarely overt, and is nearly racism which, always " rationalized under some other seemingly racially neutral guise, making it <*4.fficult to ferret out."

This nation and the We urge you to uphold this landmark decision.

The nations of the world have been following this matter closely.

particular f acts of this case are so egregious that reversal (of theUpholding the decision cannot be justified.

send a message loud and clear that the executive order on justice is not merely a paper tiger, and that environmental environmental racism will not be tolerated by the NRC.

Very truly yours,

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of LOUISIANA ENERGY SERVICES, L.P.

Docket No.(s) 70-3070-ML (Claiborne Enrichment Center SNM License)

CERTIFICATE OF SERVICE i

I hereby certify that copies of the foregoing LTR OCA TO SEN. LANDRIEU 8/14 have been served upon the following persons by U.S. mail, first class, excep as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge 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 Commission Washington, DC 20555 Washington, DC 20555 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., Suite 608 Washington, DC 20037 Washington, DC 20037

Docket No.(s)70-3070-ML

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LTR 0CA TO SEN. LANDRIEU 8/14 f

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

LES - c/o Duke Engineering and Counsel for LES Services, Inc.

Winston & Strawn PO Box 1004 1400 L Street, N.W.

- Charlotte, NC 28201' Washington, DC 20005 Ronald Wascom Nathalie M. Walker, Esq._

Deputy Assistant Secretary Robert B. Wiygul, Esq.

Office of Air Quality & Rad. Protection Sierra Club Legal Defense Fund, Inc.

Dept. if Environmental Quality 400 Magazine Street, Suite 401 P.O. Box 82135 New Orleans, LA 70130 Baton Rouge, LA 70884 1

Dated at Rockville, Md. this 21 day of August 1997

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