ML20217K334
| ML20217K334 | |
| Person / Time | |
|---|---|
| Site: | Claiborne |
| Issue date: | 06/30/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | LOUISIANA ENERGY SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20217K323 | List: |
| References | |
| CLI-97-07, CLI-97-7, ML, NUDOCS 9708150199 | |
| Download: ML20217K334 (3) | |
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NUCLF.AR REGULATORY-COMMISSION 97 JL' 30 A9 :12 COMMISSIONERS:
Shirley Ann Jackson, Chairman OFFICE OF,iE,.jl., yig Kenneth C. Rogers DOCKETI,.
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Greta J. Dieus-Nils J. Diaz Edward McGaffigan,-Jr.
SERVED JUN 3 01997
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In the matter of
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Louisiana Energy Ser" ices
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Docket No. 70-3070-ML
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(Claiborne. Enrichment Center) ))
CLI-97-7 ORDER The Nuclear Regulatory Commission staff and Louisiana Energy have filed petitions for Commission review of the Services (LES)
Atomic Safety and Licensing Board's May 1, 1997, Final Initial Decision, LBP-97-8, 45 NRC (1997), concerning contention J,9 (raisinp " environmental justice" claims).
This proceeding involves LES's application for a license to construct and operate the Claiborne Enrichment Center (CEC) near Homer, Louisiana.
The intervenor, Citizens Against Nuclear Trash (CANT), opposes the l
In accordance with the petitions for Commission review.
considerations set forth in 10 C.F.R. S 2.786 (b) (4), the Commission has decided to grant the petitions and will review the issues raised in the staff's and LES's petitions.1
'The Commission also has before it three petitions for
-review, two by CANT and one by LES, raising various challenges to the Board's handling of waste disposal issues, including its 9708150199 970700 1
PDR ADOCK 07003070 j
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2 1.
Schedulina of Briefs.
Pursuant to 10 C.F.R. 5 2.786 (d),- the. Commission sets the following briefing schedule's 1.
The Otaff and LES shall-file their briefs on or before Augus: 8, 1997.
Each brief shall be no longer than 30 pages.
2.
CANT shall file a single responsive brief on or before September-18,-1997.
Its response shall not exceed 40 We allow 40 pages for CANT's brief so that CANT pages.
will have..dequate space to respond to seperate approaches that may be taken in the opening briefs of the staff and LES.
It is also possible that C..JT will face an amicus curiae brief filed by NEI.
Agg discussion below.
3.
The staff and LES may file reply briefs on or before September 30, 1997.
Their replies shall not exceed 10 pages each.
Briefs in excess of 10 pages must contain a table of contents, with page references, and a table of cases 1
(alphabetically arranged), statutes, regulations, and other authorities cited, with references to the pages of the brief where they are cited..Page limitations on briefs are exclusive
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of pages containing a table of contents, table of cases, and of any addendum containing statutes, rules, regulations, etc.
d decision in LBP-97-3, 45 NRC __ (1997).
In addition, the Commission is considering the briefs filed by the parties after the-Commission granted earlier petitions for review raising NEPA and financial _ qualifications issues. _ Egg CLI-97-3, 45 NRC 49 (1997). The Commission will act on those matters in due course.
8 In a letter dated June 5, 1997, CANT's lawyers asked the Commission, in setting a briefing schedule, to take into consideration their "previously scheduled family obligations out of. town during the entire month.of August."
LES opposes any delay in the proceeding.
The Commission has taken into account both concerns in_ establishing the briefing schedule in this. case.
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3 2,
Motion to File Amicus Curiae Brief in Succort of Petitions.
The Nuclear Energy Institute (NEI) has sought leave to file t
an amicus curiae brief in support of the petitions for review.
4 We deny the motion.
Our rules contemplate amicus curiae triefs and do only after the Commission grants a petition for review, not provide for amicus briefs supporting or opposing petitions for review.
Eg.g 10 C.F.R. 5 2.715 (d) ;.c{. Secuovah Fuels CorDoration and Ger_e;al Atomics (Gore, Oklahoma Site), CLI-96-1 43 NRC 16, 17 (1996).
No special circumstances here warrant an exception to our rules.
Without further motion, however, we will permit NEI to file an amicus brief on the merits, not to exceed 20 pages, should it choose to do so.
Ee.g Secuovah Fuels Corocration, 43 NRC at 17, file its amicus brief no later than the filing date of NEI must the briefs for the parties whose position NEI supports.
Eg.g 10 C.F.R. 5 2.715(d).
For the Commission'
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Eff)bG 5
/ / John C.
Hoyle o
Secretary of the Commission gg Dated atJ ockv111e, Maryland, this 3e - day of June, 1997.
3 Commissioner Dicus was not available for the affirmation of this Order.
If she had been present, she would have approved the Order.