ML20217E335

Order.* Answers to Applicant Motion to Withdraw License Application & Terminate Proceeding,In Matter of Louisiana Energy Svcs,Should Be Filed No Later than 980428. W/Certificate of Svc.Served on 980423

ML20217E335
Person / Time
Site:	Claiborne
Issue date:	04/23/1998
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	CITIZENS AGAINST NUCLEAR TRASH, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#298-18983 ML, NUDOCS 9804270272
Download: ML20217E335 (3)

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d 00CXFE0 UNITED STATES USHPC NUCLEAR REGULATORY COMMISSION

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In the matter of

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Louisiana Energy Services )

Docket No. 70-3070-ML ADJUD ; MF

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(Claibome Enrichment Center) )

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SERVED APR 2 31996 ORDER The Applicant, Louisiana Energy Services, L.P. (LES), has filed a motion with the Commission to withdraw its license application and terminate the proceeding. Answers to the motion, if any, shall be filed no later than April 28,1998, and served in a manner to ensure

! receipt by the Commission no later than c.o.b. on that date.

IT IS SO ORDERED.

stA8 " EGO For the Commission

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(gp/ j 44 L John C. Hoyle

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l Dated a1Rockville, Maryland, this1)Tay of April,1998.

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

In the Matter of LOUISIANA ENERGY SERVICES, L.P. Docket No.(s) 70-3070-ML (Claiborne Enrichment Center SNM License) i i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMM ORDER--ANSWER.. WITHDRAWAL have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge ,

Richard F. Cole Frederick J. Shon Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission l Washington, DC 20555 l Washington, DC 20555 l

Janice E. Moore, Esq.

Richard G. Bachmann, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 l

Jay E. Silberg, Esq. Roland J. Jensen Counsel for NEI President Shaw, Pittman, Potts & Trowbridge Lousiana Energy Services, L.P.

2300 N Street, N.W. 2600 Virginia Avenue, N.W., Suite 608 Washington, DC 20037 Washington, DC 20037

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l lt Docket No.(s)70-3070-ML l COMM ORDER--ANSWER.. WITHDRAWAL i

! Robert G. Morgan Licensing Manager J. Michael McGarry, III, Esq.

LES - c/o Duke Engineering and Counsel for LES Services, Inc. Winston & Strawn PO Box 1004 1400 L Street, N.W.

Charlotte, NC 28201 Washington, DC 20005 Ronald Wascom Nathalie M. Walker, Esq. Deputy Assistant Secretary Robert B. Wiygul, Esq. Office of Air Quality & Rad. Protection Earthjustice Legal Defense Fund Dept. of Environmental Quality 400 Magazine Street, Suite 401 P.O. Box 82135 New Orleans, LA 70130 Baton Rouge, LA 70884 l

Dated at Rockville, Md. this 23 day of April 1998 Office of the Secretary of the Commission d

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UNITED STATES-OF AMERICA NUCLEAR REGULATORY COMMISSION N ifR 23 P4 :35

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ATOMIC SAFETY AND LICENSING BOARD PANEL -'

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BeforetheChiefAdministrativeJubhbE .

B. Paul Cotter, Jr.

l SERVED APR 2 4 im i

! In the Matter of Docket Nos. 72-22-ISFSI 72-22-ISFSI-PSP PRIVATE FUEL STORAGE, L.L.C. ASLBP Nos. 97-732-02-ISFSI 97-732-02-ISFSI-PSP (Independent Spent Fuel April 23, 1998 Storage Installation) i i MEMORANDUM AND ORDER (Denying Motion for Reconsideration)

Applicant Private Fuel Storage, L.L.C. (PFS), has filed a motion, supported by the NRC staff, requesting reconsideration of the Chief Administrative Judge's March 26, 1998 notice creating a separate Atomic Safety and l

! Licensing Board to consider and rule upon all matters concerning the physical security plan for PFS's proposed Skull Valley, Utah independent spent fuel storage installation. Sag 63 Fed. Reg. 15,900 (1998). For the fVA{ N

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e reasons set forth below, PFS's motion for reconsideration is denied.

The long-standing authority of the Chief Administrative Judge to establish two or more licensing boards to hear and decide discrete portions of a proceeding so that the proceeding can be resolved in the most effective, efficient, and expeditious manner is well-established. The Chief Administrative Judge's authority in this regard previously has been upheld and the use of multiple boards specifically approved. Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-916, 29 NRC 434, 438 (1989);

ggg Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit 1), ALAB-902, 28 NRC 423, 430 & n.11, petition for review denied as moot, CLI-88-11, 28 NRC 603 (1988);

Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit 1); ALAB-901, 28 NRC 302, 306-08, petition for review denied, CLI-88-11, 28 NRC 603 (1988). Further, the exercise of the Chief Administrative Judge's authority to establish multiple boards is subject to review only for an abuse of discretion. Sen Shoreham, ALAB-901, 28 NRC at 307. Here, h

PSF does not even suggest, much less demonstrate, that the l

.e establishment of a second licensing board in this proceeding was an abuse of discretion.

PFS also argues that, regardless of the Chief Administrative Judge's authority to establish multiple boards in the same proceeding, the Chief Judge has no authority to terminate the jurisdiction of a duly ,

established board over any aspect of the proceeding once that initial board is created. PFS's argument is meritless.

Any time that a second board is created subsequently to hear and decide a portion of the proceeding, the jurisdiction of the initial board as to those matters assigned to the second board necessarily is terminated as to the matters assigned to the second board. Egg Seabrook, ALAB-916, supra, 29 NRC at 437-38. Indeed, as even PFS apparently concedes, there ,

appears never to have been an instance in which multiple  :

I boards were established simultaneously at the outset of a j proceeding; hence the authority to terminate a portion of I the initial board's jurisdiction is inherent in the Chief Administrative Judge's already-recognized authority to j l

establish multiple boards.

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Finally, and contrary to PFS's assertions, it is the judgment of the Chief Administrative Judge that the Panel's docket can be most effectively managed and that this proceeding can be more efficiently and expeditiously i l

resolved by establishing a second licensing board to hear and decide any issues concerning the PFS physical security plan.

For all the foregoing reasons, it is this 23rd day of April 1998 ORDERED That Applicant's Request for Reconsideration of Establishment of a Separate Licensing Board for Security Plan Matters shall be, and it hereby is, denied.*

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B. Paul Cotter, fr.

CHIEF ADMINISTnTIVE JUDGE j Rockville, Maryland

• Copies of this memorandum and order were sent this l date to counsel for the parties by Internet e-mail  !

transmission; and to counsel for the NRC Staff by e-mail l

through the agency's wide area network system.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l l

In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation) t i

CERTIFICATE OF SERVICE l i

I hereby certify that copies of the foregoing LB M&O (LBP-98-8) DENYING MOT.

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appe11ste G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 i

Sherwin E. Turk, Esq. j Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the Genera ~. Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Comission Washington, DC 20009 Washington, DC 20555 Martin S. Kaufman, Esq. Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42nd St. 165 South Main, Suite 1 New York, NY 10017 Salt Lake City, UT 84111 1

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Docket No.(s)72-22-ISFSI LB M&O (LBP-98-8) DENYING MOT.

I j Denise Chancellor, Esq.

L Assistant Attorney General Jay E. Silberg, Esq.

l Utah Attorney General's Office Shaw, Pittman, Potts and Trowbridge

! 160 East 300 South, 5th Floor 2300 N Street, NW

! P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 i John Paul Kennedy, Esq. _

Clayton J. Parr, Esq.

Confederated Tribes of the Goshute Castle Rock, et al.

Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless l 1385 Yale Avenue 185 South State Street, Suite 1300 Salt Lake City, UT 84105 Salt Lake City, UT 84111 l

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! Danny Quintana, Esq. Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 I

l Dated at Rockville, Md. this 1 24 day of April 1998 *

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\ M L v Offi(eoftheNeretaryoftheCommission l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI-PSP (Physical Security Plan)

CERTIFICATE OF SERVICE 1

I hereby certify that copies of the foregoing LB M&O (LBP-98-8) DENYING MOT.

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 l Washington, DC 20555 U.S. Nuclear Regulatory Commission l Washington, DC 20555 Administrative Judge Administrative Judge Frederick J. Shon Richard F. Cole l Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel l Mail Stop - T-3 F23 Mail Stop - T-3 F23 II.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenbe.g Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclec~ Regulatory Commission Washington, DC 20009 Washington, DC 20555 l

- Martin S. Kaufman, Esq. Joro Walker, Esq.

l Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42nd St. 165 South Main, Suite 1 New York, NY 10017 Salt Lake City, UT 84111 l

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Docket No.(s)72-22-ISFSI-PSP LB M&O (LBP-98-8) DENYING MOT.

Denise Chancellor, Esq.

Assistant Attorney General Jay E. Silberg, Esq.

Utah Attorney General's Office Shaw, Pittman, Potts and Trowbridge 160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 1

John Paul Kennedy, Esq. Clayton J. Parr, Esq.

j Confederated Tribes of the Goshute Castle Rock, et al.

l Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless

, 1385 Yale Avenue 185 South State Street, Suite 1300 Salt Lake City, UT 84105 Salt Lake City, UT 84111 l

Danny Quintana, Esq. Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 l

l Dated at Rockville, Md. this l 24 day of April 1998 Office of the Secretary of the Commission ,

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