ML20205F545
| ML20205F545 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1988 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | LARSEN LABORATORIES, INC., ORION CHEMICAL CO., WRANGLER LABORATORIES |
| References | |
| CON-#488-7371, REF-QA-99990004-881026 89-582-01-SC, 89-582-1-SC, EA-87-223, NUDOCS 8810280087 | |
| Download: ML20205F545 (6) | |
Text
_ _ _ _ _ _ _ _ _
'7571 00CKEIED U%C T8 OCT 26 P3 :49 cre.. o o
CGCME N..
UNITED STATES OF AMERICA
- . r..
NUCLEAR REGULATORY COMMISSION SERVE 0 0CT 2 7198 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Jerry R.
Kline Frederick J.
Shon 1
Docket No. 9999004 In the Matter of
)
(General License
)
Authority of 10 C.F.R.
)
40.22)
WRANGLER LABORATORIES,
)
E.A.87-223 LARSEN LABORATORIES,
)
ASLBP No. 89-582-01-SC ORION CilEMICAL COMPANY
)
AND JOllN P.
LARSEN
)
October 26, 1988 MEMORANDUM AND ORDER (Response to Order Revoking License)
This Licensing Board has been established to preside over the hearing requested by Mr. John P.
Larsen and Orion Chemical Co. concerning the Order Revoking Licenses of Wrangler Laboratories, Larsen Laboratories, Orion Chemical Co.,
and John P.
Larsen (hereinafter Licensees), dated August 15, 1988 (published at 53 Fed. Reg. 3E125, August 23, 1988).
Because Licensees have a right to a hearing, their request is granted.
The parties to this proceeding are the Licensecs and the NRC Staff.
According to the Order Revoking License, the issue to be considered at the hearing is whether the Order should be sustained.
Within 20 days of service of this Memorandum and Order (plus 5 additional days for mailing, see 10 C.F.R.
W 2.710),
the Licensees shall file a response to the Order Revoking g/
0810200007 001026 60 REG 4 GA979 EX]WHANO 99990004 PDR
' Licenses, setting forth the matters of fact and law on which they are relying in order to demonstrate that the order should not be sustained.
This response need not duplicate matters set forth in the Licensees' reply. dated March 18, 1988, to the order Suspending Licensen, but should delineate all of the matters upon which the Licensees are now re.i y i n g.
Within 10 days of service of the Licensees' response, the
[
NRC Staff may file a reply.
At its earliest convenience, but not later than the time established for the Licensees' r e 7 po ris e. the NRC Scurf is requested to forward copies to the Board of the following l
background documents (to the extent these documents appear f
in the public docket of this proceeding):
- 1. State of Utah Radioactive Materials License UT2500183.
2.
State of Utah order Suspending License, dated November 5, 1986.
3.
Settlement Agreement, dated January 15, 1987.
4.
NRC Inspection Reports for inspections dated August 23, 1982 and November 4-5, 1987.
- 5. Confirmat. ion of Action Letters dated November 12, 1987, December 8, 1987, and December 31, 1987.
6.
Mr. Larson's reply dated March 18, 1988 to NRC Order Suspending Licenses.
Following our receipt of the Staff's reply, we intend to hold a prehearing conference, in or near Provo, Utah, er Salt I.ake City, Utah.
At that conference, we will further define the issues to be litigated, establish discovery
. i schedules, and deal i<ith other matters bearing upon the evidentiary hearing.
parties are invited to submit proposed i
agendas for this conference, to accompany their response or reply.
We anticipate that the prehearing conference will be l
held early in January, 1983, but we shall establish the time and location of the conference in a later order.
I A Notice of Ilearing for this proceeding, in the form set forth t.s Appendix A to this f!cmorandum and Order, is being i s s u e d t oc'.n y.
l I
FOR TIIE ATOMIC SAFETY AND LICENSING BOARD L
J Li. v
$U J{l' n LW Charles Bechhoefer, C l
ADMINISTRATIVEJUDGE)tiirman Dated at Bethesda, Maryland
[
this 26th day of October, 1988 l
l i
I I
i I
APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Jerry R.
Kline Frederick J.
Shon
)
Docket No. 9999004 In the Matter of
)
(General License
)
Authority of 10 C.F.R.
)
40.22)
WRANGLER LABORATORIES,
)
E.A.87-223 LARSEN LABORATORIES, 1
ASLBP No. 89-582-01-SC ORION CIIEMICAL COMPANY
)
AND JOllN P.
LARSEN
)
October 26, 1988 NOTICE OF HEARING Notice is hereby given that, by Memorandum and Order dated October 26, 1988, the Atomic Safety and Licensing i'
Board for this proceeding has granted the request of Wrangler Laboratories, Larnen Laboratories, Orion Chemical Co. and John P.
Larsen (Licensees) for a hearing in the above-titled proceeding.
The hearing concerns the Order Revoking Licenses issued by the NRC Staff on August 15, 1988 (53 Fed. Reg. 32125, August 23, 1988).
The parties to the proceeding are the Licensees and the NRC Staff.
The issue to be considered at the hearing is whether the Order should be sustained.
For further information concerning this proceeding, see the Order Revoking Licenses, cited above; and the Order Suspending Licer.ses, dated February 25, 1988 (53 Fed. Reg. 7452, March 8,
1988).
Other materials concerning this
,e t
o
. proceeding are on file at the Commission's Public Document Room, 2120 L Street N.W.,
Washington D.C.
20555, and at the Commission's Region IV Office, Parkway Central Plaza Building, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
During the course of this proceeding, the Licensing Board will conduct one or more prehearing conferences and, as necessary, evidentiary hearing sessions.
The time and place of th.1e sessions will be announced in later Licensing Board orders.
Members of the public will be invited to attend these sessions.
Persons who are not parties to the proceeding are invited to submit limited appearance statements with regard to the Order Revoking Licenses; as permitted by 10 C.F.R. 5 2.715(a).
During certain prehearing conference and/or evidentiary hearing sessions, such persons will be afforded the opportunity to make oral limited appearance statements.
These statements do not constitute testimony or evidence in this proceeding, but may help the Board and/or parties in their deliberations as to the proper boundaries of the issue to be considered.
Written statements, or requests to make oral statements, should be submitted to the Office of the Secretary, Docketing and Service Branch, U.S. Nuclear Regulatory Commission, one White Flint North, 11155 Rockville Pike, Rockville. Maryland 20852.
A copy of such
'L
.lf ',
l 4
3--
statement or re.uest should also be served on the Chairman.
Atomic Safety and Licensing Board.
FOR THE ATOMIC SAFETY AND LICENSINt BOARD Charles Bechhoefer. Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 26th day of October, 1988
)