ML20198L135
| ML20198L135 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 09/30/1997 |
| From: | Bishop R, Silberg J NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT &, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20198L140 | List: |
| References | |
| CON-#497-18535 LBP-97-08, LBP-97-8, ML, NUDOCS 9710240254 | |
| Download: ML20198L135 (3) | |
Text
i/9645 4
DOCKETED S%kr 30,1997 W OCT -1 P5:35 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOkbMF Sgitjgy ICATIONS STAFF Before the Commission In the Matter of
)
)
Docket No. 70 3070 ML
- LOUISIANA ENERGY SERVICES, L.P.
)
i
)
(Special Nuclear Material License)
(Claibome Enrichment Center)
)
i MOTION BY TIIE NUCLEAR ENEROY INSTITUTE FOR LEAVE TO FILE AN AMICUS REPLY BRIEF i
ON REVIEW OF LICENSINO BOARD DECISION LBP 97-8 l
_ As permitted by 10 C.F.R. I 2.715(d), the Nuclear Energy Institute ("NEl") hereby moves for leave to file the attached Amicus Reply Brief on review of the Atomic Safety and Licensing f
Board's (the ' Board") Final Initial Decision, LBP 97-8,45 N.R.C.
(1997), concerning envi-ronmentaljustice. As permitted by the Commission's Order of June 30,1997, CLI 97-8, NEI t
submitted an Amicus Brief on Review of the Board's Decision, LBP 97 8, on August 8,1997, f
NEl seeks leave to file the attached reply brief to respond to several additional arguments made d
by Citizens Against Nuclear Trash (" CANT")in its September 18,1997 Opposition Brief on Ap-
{-
peal of LBP-97-8. NEI respectfully submits that its reply brief will help to ensure that these im-pottant issues are fully developed so as to facilitate the Commission's review of a matter which
. could severely affect the interests of the nuclear industry.E l
u NEl is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEI's Footnote continued on next page Q3 0
a
~
\\
/
As articulated in NEl's Amicus Brief, the Board's Final Initial Decision contains serious e-rors oflaw both with respect to the application of Executive Order 12898 and the National Envi-ronmental 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, not only for this first-of a kind enrichment facility licensing proceeding, but also because it is the first ruling by a Board or the Commission interpreting the Executive Order and is therefore likely to be important for future NRC licensing proceedings for other types of facilities as well, NEl requests permission to file the attached Amicus Reply Briefin order ensure that the industry's position on this important is-sue is fully articulated.
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 senices 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 NEl's member utilities because they affect the utilities' ability to obtain cost effective and secure sources of sup-ply of fuel for their plants.
f Footnote continued from previous page members include all utilities licensed to operate commercial nuclear power plants in the United States, nu-clear plant designers, major architect / engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry.
2 i
i a
9 Accordingly, NEl respectfully moves the Commission to accept NEI's Amicus Reply Brief and consider carefully the important issues affecting the industry.
Respectfully submitted, 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 l 'bul'S' ohpa as)
YdW Robert W. Bishop J68./Silberg j
Vice President & General Counsel David it Lewis Paul A. Gaukler Counsel for Nuclear Energy Institute Dated: September 30,1997 498529 01 / 00CSOC1 a
3
_ _ _ _ _ _ _