ML20217J403
| ML20217J403 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 08/08/1997 |
| From: | Curran D, Walker N CITIZENS AGAINST NUCLEAR TRASH, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., SIERRA CLUB LEGAL DEFENSE FUND, INC. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#397-18434 ML, NUDOCS 9708140207 | |
| Download: ML20217J403 (4) | |
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UNITED STATES OF AMERICA Dcam o
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AUG - 8 1997 h BEFORE THE COMMISSION 9 cc N I N /m [,
In the Matter of
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BECY-NRO 4
Loulslana Energy Services
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Docket No. 70-3 0 )y &107 p 7
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August 8,1997 (Claibome Enrichment Center
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CITIZENS AGAINST NUCLEAR TRASil'S OPPOSITION TO APPLICANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMITATIONS By motion dated August 1,1997, the Applicant seeks leave to exceed by ne page the t
five page limit on supplemental briefs that was imposed by the Commission's July 8,1997, Order. Citizens Against Nuclear Trash opposes the motion. LES has demonstrated no l
Justification for exceeding the page limit.
The extra page which LES seeks leave to include contains a one paragraph summary of the preceding arguments on pages one through five, and a one paragraph argument that Graystone's withdrawal from the LES partnership is partly attributable to " frustration" and
" doubt" caused by the Licensing Board's delay in issuing its decision. Applicant's Response to
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the Commission Order of fuly 8,1997 at 6 (August 1,1997) (hereinafter " Applicant's Response").
There is no reason to exceed the page limit for eny of the material on page six of the Applicant's Response. The first paragraph is unnecessary because it is repetitive of what was 3
said in pages one through five of the Applicant's Response. Admission of the second para-graph is also unwarranted, because it consists of a self serving, speculative and utterly unsupported factual assertion regarding Graystone's motives in withdrawing from the LES partnership.
LES' assertion is all the more worthy of rejection because it appears intended to undermine the NRC's adjudicatory process by casting blame for LES' financial problems on the Licensing Board. This is unjustified and unfair LES itself sowed the seeds of any Licens-9708140207 970008
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2-i ing Board delay when it failed to obtain even the most minimal equity contribution or financial
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l commitment for the construction of the CEC, and instead opted to advocate an unsupportable f
and irrational financial qualifications standard. Had LES complied with the Commission's l
regulations initially, the " extensive litigation" of which it now complains would not have 1
1 occurred. Applicant's Response at 5 note 7, quoting Freeheld Coneneration Associates. LP.
- v. Board of Regulatory Commissioners,44 F.3d 1178,1188 89 (3d, Cir.1995).1 The Com-mission should not permit LES to take pot shots at the Licensing Board for doing a careful and thorough job of applying regulations that LES chose to ignore, j
Accordingly, LES' motion should be rejected.
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Respectfully ubmitted, I
C i
tane Curran l
Harmon, Curran, and Spielberg i
2001 "S" Street N.W., Suite 430 l
Washington, D.C. 20009 (202) 328 3500 piF. WN0C I
Nathalle M Walker i.
Earthjustice Legal Defense Fund 400 Mar: azine Street, Suite 401 New Or eans, LA 70130 (504) 522 1394 August 8,1997 i
i
'1 CANT notes that nothing in Freehold supports LES' suggestion that requiring a demonstration of financial qualifications as a pnor condition of licensing is irrational. Rather, it simply holds that the financial impact of an state regulatory proceeding on a party subject to the proceeding is a relevant consideration in determimng the npeness of the party's challenge to the state's authority on federal pre-emption grounds.
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CERTIFICATE OF SERVICE I, Diane Curran, certify that on August 8,1997, copies of the foregoing CITIZENS AGAINST NUCLEAR TRASH'S OPPOSITION TO APPLICANT'S MOTION FOR LEAVE TO EXCEED PAGE LlhilTATIONS and CITIZENS AGAINST NUCLEAR TRASH'S SUP.
PLEMENTAL BRIEF IN RESPONSE TO COhihilSSION ORDER OF JULY 8,1997 were served by by first class mail on the following parties:
Thomas S. Moore, Chairman Off of Appellate Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washingtoa, D.C. 20555 Richard F. Cole Peter G. LeRoy Atomic Safety and Licensing Board Duke En;;ineenng U.S. Nuclear Regulatory Commission 230 Sout1 Tron Street Washington, D.C. 20555 P.O. Box 1004 Charlotte, NC 28201-1004 Frederick J. Shon Atomic Safety and Licensing Board W.H. Arnold, Presidr nt U.S. Nuclear Regulatory Commission LES, L.P.
Washington, D.C. 20555 2600 Virginia Ave. N.W.,
Suite 608
- Docketing and Service Washington, D.C. 20037 Office of the Secretary U.S. Nuclear Regulatory Commission Nathalie M. Walker, Esq.
Washington, D.C, 20555 EJLDF 400 Magazine St., Suite 401 New Orleans, LA 70130
- Richard G. Bachmann, Esq.
Office of General Counsel Marcus A. Rowden, Esq.
U.S. Nuclear Regulatory Commission Fried, Frank, Harris, etc.
Washington, D.C. 20555 1101 Pennsylvania Av. N.W.,
Suite 900S Washington, D.C. 20004
- J. Michael McGarry, Ill, Esq.
David S. Bailey, Esq.
Robert L. Draper, Esq.
Thomas J. Henderson, Esq.
Winston & Strawn Lawyers' Committee for Civil 1400 L Street N.W.
Rights Under Law Washington, D.C. 20005-3502 1450 G Street N.W., Suite 400 Washington, D.C.
uty Asst. Secretary Ronald Wascom, Dep& Radiation Protection Oftice of Air Quality Department of Environmental Quality P.O. Box 82135
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Baton Rouge, LA 70884 O
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- Shirley Ann Jackson, Chairman 4
U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Kenneth C. Rogers, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Greta J. Dieus, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Nils J. Diaz, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Edward McGaffigan, Jr., Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Also by FAX L
Diane Cu Tan
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