ML20198L086
| ML20198L086 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 10/16/1997 |
| From: | Curran D, Walker N AFFILIATION NOT ASSIGNED, CITIZENS AGAINST NUCLEAR TRASH, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20198L090 | List: |
| References | |
| CON-#497-18582 CLI-97-11, ML, NUDOCS 9710240235 | |
| Download: ML20198L086 (2) | |
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y,m UNITED STATES OF AMERICA
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. $N U.S. NUCLEAR REGULATORY COMMISSION A
y BEFORE THE ATOMIC SAFETY AND LICENSING BOA D DOCKETED l
OCT 161997 [
In the Matter of Louisiana Energy Services
) Docket No. 70-3070d$$$$p g
(Claiborne Ennchment Center)
) October 16,1${7 steyno
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b CITIZENS AGAINST NUCLEAR TRASII'S MOTION FOR LEAVE To FII[ I @
SURREPLY PROPOSED SUPPLEMENTAL-FINDINGS Intervenor, Citizens Against Nuclear Trash (" CANT"), hereby moves for leave to file the attached surreply to the NRC Staff's Reply to Proposed Findings Regarding CLI 9711 (October 14,1997) (hereinafter " Staff Proposed Reply Findings"). CANT submits that an opportunity to present a surreply is warranted justified on the following grounds:
- 1. In paragraph 5, in answer to CANT's argument that it ignored relevant and avail-able data from a 1993 National Academy of Sciences study of the geochemical characteristics of the Hanford site, the NRC Staff contradicts the testimony it gave in the 1995 hearing.1 While NRC witness Dr. Price testified in 1995 that the Staff did act review the NAS data, the Staff now asserts that it did. CANT requests leave to correct this misrepresentation, by demonstrating that (a) the Staff's assertion is directly contradicted by the previous testimony of Dr. Price, and (b) the Staff's assertion is underminea by the fact that none of the data sources cited in the NAS study are mentioned in Dr. Price's 1995 testimony or any other testimony from 1995,
- 2. In paragraph 5, the Staff also misleadingly presents a quotation from the NAS study as ifit were a statement by Dr. Price during the 1995 hearing. The Staff cites the 1995 hear-ing transcript for the statement that: "The numbers in Table 7-1 are not based on firm evi-dence." In actuality, this is a quotation from page 202 of the NAS study, and pertains only to radium. CANT seeks leave to correct this misprepresentation.
- 3. The Staff's misquotation in paragraph 5, taken together with its 1995 testimony, 1
The National Academy of Sciences ("NAS") report, issued in 1983, is entitled "A Study of the Isolation System for Geologic Disposal of Radioactive Wastes."
9710240235 971014 PDR ADOCK 07003070 05g c
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,2 gives the false impression that the NAS study contained no reliable data or citations to data.
Because the Staff has now quoted from the NAS study, CANT believes that in order to fully and fairly address the argument raised by the Staff, the Board must review the actual language of the study to connrm that only radium data is presented as not "Grm," and that uranium data is neither similarly qualined nor undocumented. The relevant portion of the NAS study is attached to CANT's Surreply.
- 4. CANT also seeks leave to respond to arguments made by the Staff in paragraph 7, in response to CANT's testimony that the Staff's uranlun. dose calculations are not scientin-cally credible because they are much lower than doses that would be obtained from a well dug in ordinary soil. In ordering these supplemental nndings, the Board directed the parties to respond to the questions raised by the Bmrd in the September 30 Hearing Conference. These questions included Judge Shon's question as to whether there is anything in the record that addresses whether the doses calculated by the NRC Staff are incredible. Tr. at 29-30. Con-trary to the Board's explicit instructions, the Staff failed to respond to this question in its Pro-posed Findings Gled October 7, and instead waited to address it in its Reply Findings, in fair-ness to the Intervenor, either CANT should be permitted an opportunity to respond to this belated argument or it should be stricken.
Respectfully submitted, O
Diane Curran Harmon, Curran, & Spielberg 2001 "S" Street N.W.
Suite 430 Washington, D.C. 20009 (202) 328-3500 A 7t i.At-WYC h
Nathalie M. Walker Earthjustice Legal Defense Fund 400 Magazine Street, Suite 401 New Orleans, LA 70130 (504) 522-1394 October 16, 1997
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