ML20199D906
| ML20199D906 | |
| Person / Time | |
|---|---|
| Issue date: | 12/30/1998 |
| From: | Cordes J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| SECY-98-301, SECY-98-301-R, NUDOCS 9901200244 | |
| Download: ML20199D906 (9) | |
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ADJUDICATORY ISSUE (Information)
December 30, 1998 SECY-98-301 For:
The Commission From:
John F. Cordes, Jr.
Solicitor Sublect:
LITIGATION REPORT - 1998 - 6 National Whistleblower Center v. NRC. No. 98-1581 (D.C. Cir., filed Dec. 11,1998)
This lawsuit challenges a decision by an Atomic Safety and Licensing Board (LBP-98-26) to dismiss a petition to intervene in the Calveit Cliffs license renewal proceeding. The Board ruled that petitioner had failed to file timely contentions. Petitioner originally appealed the Board's decision to the Commission. Rather than await the Commission's decision on the appeal, however, petitioner filed this lawsuit challenging the Board decision. Petitioner apparently takes the view that the Commission's failure to act on the appeal within 30 days rendered the Board's decision final agency action.
The Commission recently decided petitioner's appeal and affirmed the Board's decision (CLl-98-25). The Commission decision included a footnote (note 1) pointing out that petitioner's lawsuit was premature and rested on a misunderstanding of Commission rules. We likely will file a motion in the court of appeals to dismiss petitioner's premature suit.
CONTACT: Marjorie S. Nordlinger 415-1616 Envirocare of Utah. Inc. v. NRC. No. 98-1592 (D.C. Cir., filed Dec. 21,1998)
This lawsuit challenges a Commission decision (CLl-98-23) holding that Envirocare lacked standing to intervene in a materials licensing proceeding. The proceeding concerns the application of International Uranium (USA) Corporation for a license amendment permitting it to process certain radioactive waste material at a site IUSA owns in Utah. The State of Utah has successfully intervened in the proceeding and is challenging the lawfulness of the IUSA amendment. The proceeding remains pending before the ASLBP.
i Envirocare claimed standing to intervene on the sole ground that it competes with IUSA in the waste disposal business and will suffer competitive harm from the NRC's alleged leniency in n Sb licensing the IUSA facility. The Commission held, as it had in a similar recent case, Ouivira 9901200244 981230 PDR SECY 98-301 R PDR 1
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h 2-l Minina Co. (Ambrosia Lake Facility, Grants, New Mexico), CLI-98-11,48 NRC 1 (1998) (petition
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for review pending), that competitive harm, unlinked to safety or environmental harm, is not within the " zone of interests" protected by the Atomic Energy Act or the National Environmental Policy Act, and therefore cannot serve as the basis for standing to intervene in NRC licensing i
proceedings.
Envirocare disagrees with the Commission's view, and has filed a lawsuit identical to its earlier-i filed suit in Quivira. We likely will seek consolidation of the two cases in the court of appeals.
CONTACT: Grace H. Kim 415-3605 A.
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1 :. Cordes, Jr.
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l National Whistleblower Center v. NRC. No. 98-1581 (D.C. Cir., filed Dec. 11,1998) l
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UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
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NATIONAL WHISTLEBLOWER
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Petitioner,
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Docket No.
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U.S. NUCLEAR REGULATORY
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COMMISSION and the
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UNITED STATES OF AMERICA,
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Respondents.
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PETITION FOR REVIEW Notice is hereby given that the Petitioner, NATIONAL WHISTLEBLOWER CENTER, the petitioner in the agency proceeding, hereby files a petition for review from the final decision and order of the Nuclear Regulatory Commission ("NRC") and the NRC Atomic Safety and Licensing Board ("ASLB"), and all prior decisions of the NRC and the ASLB, related to of its dismissal of the petition to intervene filed by Petitioner in NRC Docket Numbers 50-317-LR, 50-318-LR and ASLBP No. 98-749-01-LR.
The ASLB issued a Memorandum and Order dismissing the Petitioner's claim on October 16, 1998.
This Memorandum and Order became final agency action on November 25, 1998. 10 C.F.R.
S 2.786(c).
The prior orders of the NRC and/or ASLB which are also subject to this review include the following: Baltimore Gas & Electric Co.
(Calvert Cliffs Nuclear Power Plant Units 1 and 2), CLI-98-14 (August 19, 1998); ASLB Memorandum and Order (Initial Prehearing Order) (August 20, 1998); NRC Commission Memorandum and Order,
CLI-98-15 (August 26, 1998); ASLB Memorandum and Order (Denying Time Extension Motion and Scheduling Prehearing Conference)
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(August 27, 1998); NRC Commission Memorandum and Order, CLI-98-19 (September 17, 1998); ASLB Memorandum and Order (Scheduling Matters and Electronic Hearing Database) (September 21, 1998);
ASLB Order (Revised Prehearing Conference Schedule) (September 29, 1998).
Respectfully submitted, i
Stephhn M.
Koan Michael D. Kohn David K.
Colapinto National Whistleblower Legal Defense and Education Fund 3233 P Street, N.W.
Washington, D.C.
20007 Phone: (202) 342-2177 Fax:
(202) 342-6984 Attorneys for Petitioner December 11, 1998..
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Petition for Review was served on this 11" day of December, 1998 by facsimile on John C. Hoyle, Secretary of the Nuclear Regulatory Commission and by first class mail, postage prepaid, upon the following counsel of record and parties:
Shirley Ann Jackson Chairman U.S.
Nuclear Regulatory Commission Washington, D.C. 20555-0001 John C. Hoyle Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555-0001 Fax No. 301-415-1672 Janice E. Moore Robert Weisman Marian Zobler Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 G.
Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555-0001 David Lewis Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W, 3d Floor Washington, D.C.
20037 Fax No. 202-663-8007
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4 Hon. Janet Reno l
Atrorney General U.S.
Department of Justice
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10th and Constitution Ave.,
N.W.
Washington, D.C.
20530 Hon. Wilma A. Lewis U.S. Attorney The Judiciary Center Building 555 4" Street, N.W.
Wa
- ington, D.C.
20001
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Stephed/M. Kohn l
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Envirocare of Utah. Inc. v. NRC. No. 98-1592 (D.C. Cir., filed Dec. 21,1998) l l
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IN THE l
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 55~I5fS l
ENVIROCARE OF UTAII, INC.,
Petitioner, v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA Respondents.
l PETITION FOR REVIEW Envirocare of Utah, Inc. ("Envirocare")', pursuant to 42 U.S.C. Q 2239(b),28 U.S.C.
2342 and 2344, and FRAP Rule 15(a), hereby petitions this Court for review of the l
Memorandum and Order (" Order") of the United States Nuclear Regulatory Commission, CLI-98-23, served November 24,1998, and captioned In re International Uranium (USA)
Corporation, Docket No. 40-8681 MLA-4.2 Venue lies with this Court pursuant to 28 U.S.C.
l Q 2343.
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' Because Envirocare is privately held, no Corporate Disclosure Statement is required pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure ("FRAP").
2 A copy of the Order is appended hereto as an Attachment.
PETITION FOR REVIEW - Page I
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l Envirocare participated in the proceeding below, and its interests have been adversely I
affected by the Order. Consequently, Envirocare requests that the Court review the Order and l
set it aside as arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.'
Respectfully submitted, l
DAVIS WRIGHT TREMAINE LLP By:
l Richard L. Cys ~
6 1155 Connecticut Avenue, N.W.
Suite 700 Washington, D.C. 20036 (202) 508-6617 Lynda L. Brothers i
l 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 Attorneys for Envirocare of Utah, Inc.
December 21,1998 l
S Envirocare notes that virtually identical issues are before this Court in Envirocare of Utah, Inc. v. Nuclear l
Regadatory Commission et al., D.C. Cir. No. 98-1426 (1998). Consequently, Envirocare intends to move promptly t
to consolidate these cases.
PETITION FOR REVIEW - Page 2