ML20212C752
| ML20212C752 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 10/23/1997 |
| From: | Mcgarry J LOUISIANA ENERGY SERVICES, WINSTON & STRAWN |
| To: | |
| References | |
| CON-#497-18602 ML, NUDOCS 9710300160 | |
| Download: ML20212C752 (4) | |
Text
} 8403 UNITED STArrs Or AMEmIcm gggg NUCLEAR REGULATORY COMMISSION gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'97 OCT 27 N1:31 i
OFF!C: O~ E ^R O RY In the Matter of-
)
RU: ' ' m "
.D j
ADJUi
/.it LOUISIANA ENERGY SERVICES, L.P.
)
Docket No. 70-3070 Au._
)
(Claiborne Enrichment Center)
)
October 23, 1997
)
APPLICANT'S OPPOSITION TO CANT'S SURREPf2 PROPOSED SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONTENTIONS B AND J.3 In its never-ending attempt to get one more bite at the apple, Intervenor has filed its "Surreply Proposed supplemental Findings of Fact and Conclusions of Law Regarding Contentions B and J.3.".
Louisiana Energy Services, L.P.
(" Applicant") opposes this as being directly contrary to the Board's specific direction at the hearing conference that limited parties to the filing of proposed findings and reply findings only.V With regard to the NAS issue, it is Applicant's view that the record speaks for itself with. respect to Dr. Price's testimony concerning the NAS data and that CANT had ample opportunity at the u
Applicant notes that a
motion regarding. leave to file additional documents should not be accompanied by the document sought to be filed.
Sc.g Lona Island Lichtina Co.
(shoreham Nuclear Power Station, Unit 1), LBP-83-57, 18 N R C 4 4 5__,
624 n.72 (1983).
9710300160 971023 PDR ADOCK 07003070 J
C PDR
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l j-2 -
i' hearing-to crosa examine Dr. Price on the~NAS data and indeed did so.
Egg Tr. 1142-1149.
Given the line of questioning, it would have been logical;for CANT to offer than the evidence it now seeks to submit; CANT had an opportunity to raise these matters and chase not - to.
Accordingly, it is inappropriate to have any - further pleadings in this regard.
With regard to the Staff's characterization of the uranium
. dose-calculation, again the record speaks for itself._ It is clear that the language cited by-CANT is the NRC Staff's response to a statement made by CANT in its proposed findings.
As such, this is appropriate reply findings material.
To the extent the premise of 4
-the NRC Staff's statement is in question, the Board is in the best
}
position to resolve that matter by reviewing the cited evidence, without resort to further pleadings.
LOUISIANA ENERGY SERVICES, L.P.
October 23, 1997 8 Michael McGa % III WINSTON & STRAWN COUNSEL FOR LOUISIANA ENERGY SER'! ICES, L.P S-
\\_
UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE TIIE ATOMIC SAFETY AND LICENSING BOAltD T,T 27 A11:32 OFFICE OF TCRBARY RULEMAKlGS AND In the Matter of
)
ADJUDICAllONS STAFF
)
Docket No. 70-3076 LOUISIANA ENERGY SERVICES, L.P. )
)
October 23,1997 (Claiborne Enrichment Center)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the attached APPL.ICANT'S OPPOSITION TO CANT'S SURREPLY PROPOSED SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONTENTIONS B AND J.3 were served upon the following this 23rd day of October,1997:
1 Administrative Judge Administrative Judge Thomas S. Moore, Chairman
- Richard F. Cole
- Atomic Safety and Licensing Atomic Safety and Licensing Board Board
~U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission WashirygoA D.C. 20555 Washington, D.C. 20555 (2 copies)
Administrative Judge Secretary of the Commission
- Frederick J. Shon
- U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Attention: Chief, Docketing and Commission Sersice Section Washington, D.C. 20555 (Original plus 2 copies)
Office of Commission Appellate Adjudicatory File *
- Adjudication
- Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
d Ronald Wascom, Deputy Assistant Joseph Distefano, Esq.
- Secretary
- Quinn, Racusin & Gazzola Office of Air Quality &
1401 H Street, N.W.
Radiation Protection Suite 510 P.O. Box 82135 Washington, D.C. 20005 Baton Rouge, LA 70884-2135 Robert G. Morgan - WC26B
- Marcus A. Rowden
- Licensing Manager Fried, Frank, Harris, Shriver &
Duke Engineering & Services, Jacobsen Inc.
1101 Pennsylvania Avenue, N.W.
400 South Tryon Street Suite 900 South Charlotte, NC 28201-1004 Washington, D.C. 20004 Diane Curran
- Nathalie Walker
- Harmon, Curran, Gallagher &
Earthjustice Legal Defense Club Spielberg 400 Magazine St.
2001 S Street, N.W.
Suite 401 Suite 430 New Orleans, LA 70130 Washington,D.C. 20009-1125 Thomas J. Henderson, Esq.
Roland J. Jensen
- David S. Dailey, Esq.
Louisiana Energy Services, L.P.
Lawyers' Commmittee for 2600 Virginia Avenue, N.W.
Civil Rights Under Law Suite 608 1450 G Street,N.W.
Washington D.C. 20037 Suite 400 Washington, D.C. 20555 Richard Bachman, Esq.
- Office of General Counsel U.S. Nuclear Regulatoy Commission Washington, D.C. 20555 LOUISIANA ENERGY SERVICES, L.P.
October 23,1997
_ V J. Michae' McGaMIII 4
WINSTON & STRAWh, COUNSEL FOR LOUISIANA ENERGY SERVICES, L.P.
i
- Via Fax
._