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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217K0821998-04-30030 April 1998 Order.* Louisiana Energy Services Motion to Withdraw License Application & Terminate Proceeding Granted.Commission Dismisses Pending Petitions for Review & Vacates LBP-97-3 & LBP-97-22.W/Certificate of Svc.Served on 980430 ML20217H6791998-04-29029 April 1998 Response of Citizens Against Nuclear Trash (Cant) to Louisiana Energy Services Motion to Withdraw License Application.* Motion Should Be Granted,Subject to Certain Conditions.W/Certificate of Svc ML20217N2851998-04-29029 April 1998 Response of Citizens Against Nuclear Trash to Louisiana Energy Svc Motion to Withdraw License Application.* Applicant Should Be Required to Serve Further Correspondence to Intervenor.W/Certificate of Svc ML20217G2471998-04-28028 April 1998 NRC Staff Response to Louisiana Energy Services Motion to Withdraw.* Staff Has No Objection to Granting of Motion. W/Certificate of Svc ML20217G4801998-04-27027 April 1998 Motion by Citizens Against Nuclear Trash (Cant) for Extension of Time.* Requests Extension of Time from 980428 to 980504 to Respond to Commission Order of 980423. W/Certificate of Svc ML20217G5601998-04-27027 April 1998 Order.* Any Responses to Applicant 980422 Motion to Withdraw Application & Terminate Proceeding Shall Be Filed So That Responses Are in Hands of Licensing Board & Other Parties by 980504.W/Certificate of Svc.Served on 980427 ML20217E3351998-04-23023 April 1998 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 ML20217C8511998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Louisiana Energy Services,Lp Moves Pursuant to 10CFR2.107 to Withdraw Application & Requests Commission Terminate Proceeding. W/Certificate of Svc ML20217C9021998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Applicant Moves to Withdraw Application & Requests That Board Terminate Proceeding.W/Certificate of Svc ML20216F7131998-04-16016 April 1998 Order.* Extends Time within Which Applicant May File Petition for Reconsideration of Commission Memorandum & Order CLI-98-03 (980403) Until 980426.W/Certificate of Svc. Served on 980416 ML20216E4261998-04-15015 April 1998 NRC Staff Response to Louisiana Energy Services Request for Extention of Time.* Staff Has No Objection to Granting of Request.W/Certificate of Svc ML20216D5441998-04-13013 April 1998 Request of Louisiana Energy Services,Lp for Extension of Time to File Petition for Reconsideration.* Requests Extension of Addl 10 Days to File Proposed Petition Re 980403 Memorandum & Order.W/Certificate of Svc ML20217M6211998-04-0707 April 1998 Order.* Informs That Each Party Shall File Statement of Views on Outstanding Issues to Be Resolved in Proceeding & Most Efficient Manner of Complying W/Commission Remand Order by 980727.W/Certificate of Svc.Served on 980407 ML20217M6111998-04-0303 April 1998 Memorandum & Order (Addressing NEPA Contentions) CLI-98-03.* Board Decisions in LBP-96-25 & LBP-97-08 Are Affirmed in Part,Reversed in Part & Remanded for Further Proceedings Consistent W/Opinion.W/Certificate of Svc.Served on 980403 ML20197D5591997-12-18018 December 1997 Reply of Louisiana Energy Svcs to Citizens Against Nuclear Trash Suppl to Petition for Partial Review of LBP-97-03.* Commission Should Conclude That Plausible Scenario Has Been Identified.W/Certificate of Svc ML20197D6641997-12-18018 December 1997 NRC Staff Response to Intervenor Supplement to Petition for Review of LBP-97-3.Citizens Against Nuclear Trash Petition Should Be Denied for Reasons Discussed in 970523 Staff Answer.W/Certificate of Svc ML20197D6911997-12-18018 December 1997 Memorandum & Order (Resolving Financial Qualifications).* Licensing Board Ruling on Financial Qualifications in LBP-96-25 Reversed & Applicant Financial Qualifications Approved.W/Certificate of Svc.Served on 971218 ML20202J4841997-12-0404 December 1997 Citizens Against Nuclear Trash Errata to Supplement to Petition for Partial Review of LBP-97-03.* W/Certificate of Svc ML20202J4531997-12-0303 December 1997 Citizens Against Nuclear Trash Supplement to Petition for Partial Review of LBP-97-03.* Supplement Sets Forth Reasons That Review Justified,Despite Licensing Board Recent Explanation for LBP-97-03 in LBP-97-22.W/Certificate of Svc ML20199K7511997-11-19019 November 1997 Order.* Provides Schedule Governing Filing of Any Cant Suppl or NRC Response to Cant Petition to Review Portion of 971113 LBP-97-3 Re Deep Disposal Issue.W/Certificate of Svc.Served on 971119 ML20199K4161997-11-13013 November 1997 Memorandum (Explanation Required by Remand).* Board Concluded That Mine for Disposal of Enrichment Tails W/Characteristics within Range of Parameters Used by Staff Can Be Used by Us.W/Certificate of Svc.Served on 971113 ML20217K9771997-10-27027 October 1997 Applicant Response to Citizens Against Nuclear Trash (Cant) Counter Motion to Strike.* Applicant Believes Board in Best Position to Review Cited Paragraphs & Determine Which Should Be Relied Upon,If Any.W/Certificate of Svc ML20212C7521997-10-23023 October 1997 Applicant Opposition to Citizens Against Nuclear Trash Surreply Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3.* W/Certificate of Svc ML20217K9501997-10-23023 October 1997 NRC Staff Response to Citizens Against Nuclear Trash (Cant) Motion for Leave to File Supplemental Findings in Reply to NRC Staff Reply Findings.* Motion Should Be Denied. W/Certificate of Svc ML20212C7691997-10-22022 October 1997 Citizens Against Nuclear Trash Response to Louisiana Energy Svcs Motion to Strike & counter-motion to Strike.* Paragraphs 2.3.3.3 & 2.3.3.2 Should Be Stricken. W/Certificate of Svc ML20198L0861997-10-16016 October 1997 Citizens Against Nuclear Trash Motion for Leave to File Surreply Proposed Suppl Findings.* Intervenor Believes Opportunity to Present Surreply Warranted Justified by Listed Info ML20198L1251997-10-16016 October 1997 Citizens Against Nuclear Trash Surreply Proposed Suppl Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Intervenor States That NRC Had No Justification for Ignoring Data Provided.W/Certificate of Svc ML20198K9351997-10-16016 October 1997 Order Directing NRC Staff to Respond,By 971023,to Citizens Against Nuclear Trash 971016 Filing by Fax.Louisiana Energy Svcs,Lp May File Response by Same Date If Desired. W/Certificate of Svc.Served on 971016 ML20198L0521997-10-15015 October 1997 Motion to Strike.* Louisiana Energy Svcs,Lp Moves to Strike Attachment to Citizens Against Nuclear Trash Reply Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3 Filed on 971014.W/Certificate of Svc ML20198K9651997-10-15015 October 1997 NRC Staff Response to NEI Motion to File Amicus Reply Brief on Commission Review of LBP-97-08.* Staff Has No Objection to Filing of NEI Reply Brief.W/Certificate of Svc ML20198L0621997-10-14014 October 1997 Citizens Against Nuclear Trash Reply to Proposed Suppl Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Intervenor Finds NRC Analysis Lacks Credibility as Source of Support for Les.W/Certificate of Svc ML20198K9381997-10-14014 October 1997 Applicant Reply to Proposed Findings of Fact on Remand.* Concludes That Plausible Scenario Identified & Costs Associated Therewith Have Been Properly Factored Into Appropriate Analyses.W/Certificate of Svc ML20198K9541997-10-0707 October 1997 Citizens Against Nuclear Trash Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Applicant Decommissioning Cost Estimate Rejected. W/Certificate of Svc ML20198L0401997-10-0707 October 1997 Applicant Proposed Findings of Fact on Remand.* Board Concludes It Plausible That Mine W/Characteristics Lying within Potential Range of Sensitive Parameters Assumed by NRC Exists or Will Exist When Needed.W/Certificate of Svc ML20198L1351997-09-30030 September 1997 Motion by Nuclear Energy Inst (NEI) for Leave to File Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08.* NEI Moves Commission to Accept Reply Brief & Consider Carefully Important Issues Affecting Industry ML20198L1461997-09-30030 September 1997 Nuclear Energy Inst Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08 Re Environ Justice.* Commission Should Reverse Board Decision,For Reasons Discussed in 970808 Brief.W/Certificate of Svc ML20211H2111997-09-30030 September 1997 Applicant Reply Brief in Support of Petition for Review of LBP-97-08.* Licensing Board Needs Prompt & Vigorous Correction Re Commission Environ Regulations,Guidance & Precedents.W/Certificate of Svc ML20217C8041997-09-30030 September 1997 Transcript of 970930 Hearing in Matter of Louisiana Energy Svcs,Lp (Claiborne Enrichment Ctr) in Rockville,Md.Pp 1-42 ML20198L1661997-09-30030 September 1997 NRC Staff Reply to Opposition Brief of Intervenor,Citizens Against Nuclear Trash,On Appeal of LBP-97-08.* Staff Should Reverse LBP-97-08,for Reasons Discussed.W/Certificate of Svc ML20211H2301997-09-25025 September 1997 Order Directing Counsel for Nrc,Louisiana Energy Svcs,Lp & Citizens Against Nuclear Energy to Attend Hearing Conference on 970930.W/Certificate of Service.Served on 970925 ML20212H0911997-09-24024 September 1997 Response of Citizens Against Nuclear Trash to Licensing Board Order of 970911.* Board Has Jurisdiction to Clarify Matters in CLI-97-11 & Can Do So by Reviewing Record & Responding to Commission Questions.W/Certificate of Svc 1998-04-07
[Table view] Category:PLEADINGS
MONTHYEARML20217N2851998-04-29029 April 1998 Response of Citizens Against Nuclear Trash to Louisiana Energy Svc Motion to Withdraw License Application.* Applicant Should Be Required to Serve Further Correspondence to Intervenor.W/Certificate of Svc ML20217H6791998-04-29029 April 1998 Response of Citizens Against Nuclear Trash (Cant) to Louisiana Energy Services Motion to Withdraw License Application.* Motion Should Be Granted,Subject to Certain Conditions.W/Certificate of Svc ML20217G2471998-04-28028 April 1998 NRC Staff Response to Louisiana Energy Services Motion to Withdraw.* Staff Has No Objection to Granting of Motion. W/Certificate of Svc ML20217G4801998-04-27027 April 1998 Motion by Citizens Against Nuclear Trash (Cant) for Extension of Time.* Requests Extension of Time from 980428 to 980504 to Respond to Commission Order of 980423. W/Certificate of Svc ML20217C9021998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Applicant Moves to Withdraw Application & Requests That Board Terminate Proceeding.W/Certificate of Svc ML20217C8511998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Louisiana Energy Services,Lp Moves Pursuant to 10CFR2.107 to Withdraw Application & Requests Commission Terminate Proceeding. W/Certificate of Svc ML20216E4261998-04-15015 April 1998 NRC Staff Response to Louisiana Energy Services Request for Extention of Time.* Staff Has No Objection to Granting of Request.W/Certificate of Svc ML20216D5441998-04-13013 April 1998 Request of Louisiana Energy Services,Lp for Extension of Time to File Petition for Reconsideration.* Requests Extension of Addl 10 Days to File Proposed Petition Re 980403 Memorandum & Order.W/Certificate of Svc ML20197D6641997-12-18018 December 1997 NRC Staff Response to Intervenor Supplement to Petition for Review of LBP-97-3.Citizens Against Nuclear Trash Petition Should Be Denied for Reasons Discussed in 970523 Staff Answer.W/Certificate of Svc ML20197D5591997-12-18018 December 1997 Reply of Louisiana Energy Svcs to Citizens Against Nuclear Trash Suppl to Petition for Partial Review of LBP-97-03.* Commission Should Conclude That Plausible Scenario Has Been Identified.W/Certificate of Svc ML20202J4841997-12-0404 December 1997 Citizens Against Nuclear Trash Errata to Supplement to Petition for Partial Review of LBP-97-03.* W/Certificate of Svc ML20202J4531997-12-0303 December 1997 Citizens Against Nuclear Trash Supplement to Petition for Partial Review of LBP-97-03.* Supplement Sets Forth Reasons That Review Justified,Despite Licensing Board Recent Explanation for LBP-97-03 in LBP-97-22.W/Certificate of Svc ML20217K9771997-10-27027 October 1997 Applicant Response to Citizens Against Nuclear Trash (Cant) Counter Motion to Strike.* Applicant Believes Board in Best Position to Review Cited Paragraphs & Determine Which Should Be Relied Upon,If Any.W/Certificate of Svc ML20217K9501997-10-23023 October 1997 NRC Staff Response to Citizens Against Nuclear Trash (Cant) Motion for Leave to File Supplemental Findings in Reply to NRC Staff Reply Findings.* Motion Should Be Denied. W/Certificate of Svc ML20212C7691997-10-22022 October 1997 Citizens Against Nuclear Trash Response to Louisiana Energy Svcs Motion to Strike & counter-motion to Strike.* Paragraphs 2.3.3.3 & 2.3.3.2 Should Be Stricken. W/Certificate of Svc ML20198L0861997-10-16016 October 1997 Citizens Against Nuclear Trash Motion for Leave to File Surreply Proposed Suppl Findings.* Intervenor Believes Opportunity to Present Surreply Warranted Justified by Listed Info ML20198K9651997-10-15015 October 1997 NRC Staff Response to NEI Motion to File Amicus Reply Brief on Commission Review of LBP-97-08.* Staff Has No Objection to Filing of NEI Reply Brief.W/Certificate of Svc ML20198L0521997-10-15015 October 1997 Motion to Strike.* Louisiana Energy Svcs,Lp Moves to Strike Attachment to Citizens Against Nuclear Trash Reply Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3 Filed on 971014.W/Certificate of Svc ML20198L1661997-09-30030 September 1997 NRC Staff Reply to Opposition Brief of Intervenor,Citizens Against Nuclear Trash,On Appeal of LBP-97-08.* Staff Should Reverse LBP-97-08,for Reasons Discussed.W/Certificate of Svc ML20198L1461997-09-30030 September 1997 Nuclear Energy Inst Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08 Re Environ Justice.* Commission Should Reverse Board Decision,For Reasons Discussed in 970808 Brief.W/Certificate of Svc ML20198L1351997-09-30030 September 1997 Motion by Nuclear Energy Inst (NEI) for Leave to File Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08.* NEI Moves Commission to Accept Reply Brief & Consider Carefully Important Issues Affecting Industry ML20212H0911997-09-24024 September 1997 Response of Citizens Against Nuclear Trash to Licensing Board Order of 970911.* Board Has Jurisdiction to Clarify Matters in CLI-97-11 & Can Do So by Reviewing Record & Responding to Commission Questions.W/Certificate of Svc ML20211H1411997-09-19019 September 1997 Applicant Response to Licensing Board Order of 970911 on Remanded Portion of Third Pid.* Licensing Board Should Establish Suggested Briefing Schedule W/O Further Delay. W/Certificate of Svc CLI-97-11, NRC Staff Response to Cant Motion to Reconsider CLI-97-11.* Staff Opposes Cant 970905 Motion to Reconsider CLI-97-11 & to Grant Petition for Review of LBP-97-3.Motion Deemed Premature by Staff.W/Certificate of Svc1997-09-12012 September 1997 NRC Staff Response to Cant Motion to Reconsider CLI-97-11.* Staff Opposes Cant 970905 Motion to Reconsider CLI-97-11 & to Grant Petition for Review of LBP-97-3.Motion Deemed Premature by Staff.W/Certificate of Svc ML20216K1101997-09-12012 September 1997 Applicant Supplemental Opposition to Cant Motion to Reconsider.* Commission Issued order,CLI-97-11,on 970903. Requests That Commission Act Forthwith So as to Obviate Any Such Pleading.W/Certificate of Svc ML20216K0811997-09-0909 September 1997 Applicant Opposition to Cant Motion to Reconsider.* Motion Presupposes Commission Action Re Outstanding Petitions at Issue.Commission Yet to Act on Such Petitions & Thus Underpinning of Motion in Error.W/Certificate of Svc ML20216F8021997-09-0505 September 1997 Citizens Against Nuclear Trash Motion to Reconsider CLI-97-11 & Grant Cant Petition for Review of LBP-97-3.* Commission Should Rescind CLI-97-11 & Grant Petition for Review of LBP-97-3.W/Certificate of Svc ML20217J4031997-08-0808 August 1997 Citizens Against Nuclear Trash Opposition to Applicants Motion for Leave to Exceed Page Limitations.* Applicant Motion Should Be Denied & Deemed Unjustified & Unfair. W/Certificate of Svc ML20217J3971997-08-0808 August 1997 Citizens Against Nuclear Trash Suppl Brief in Response to Commission Order Dtd 970708.* Opines That Commission Need Not Reopen Record to Consider Evidence Due to Existing Record Supporting ASLB Conclusion.W/Certificate of Svc ML20217J4361997-08-0707 August 1997 NRC Staff Response to Commission Order of 970708.* Concludes That Financial Qualifications of Louisiana Energy Svcs Will Continue to Satisfy Applicable Regulation 10CFR70.23(a)(5) Even If Partners Allowed to Withdraw from Partnership ML20217J4171997-08-0707 August 1997 Applicants Brief in Support of Its Petition for Review of LBP-97-08.* Concludes That Commission Should Reverse LBP-97-08 & Find That No Discrimination Occurred. W/Certificate of Svc ML20217J4131997-08-0101 August 1997 Applicant Response to Commission Order of 970708.* Financial Qualifications of Louisiana Energy Svcs Not Dependent on Financial Resources of Any Single Partner. W/Certificate of Svc ML20217J3951997-08-0101 August 1997 Motion of Applicant Louisiana Energy Svcs for Leave to Exceed Page Limitation Specified in Commission Order Dtd 970708.* Applicant Requests That Motion Be Granted. W/Certificate of Svc ML20140E4361997-06-0505 June 1997 Opposition of Citizens Against Nuclear Trash to Motion by Nuclear Energy Inst for Leave to File Amicus Answer to Petition by Applicant,Louisiana Energy Svcs for Review of LBP-97-8.Motion Should Be Rejected.W/Certificate of Svc ML20140E4061997-06-0505 June 1997 Answer of Intervenor,Citizens Against Nuclear Trash,In Opposition to Petitions for Review of LBP-97-8 Filed by Applicant & Nrc.* Suggests That Petitions for Review Should Be Denied.W/Certificate of Svc ML20140E4101997-06-0303 June 1997 NRC Response to Motion by Nuclear Energy Inst for Leave to File Amicus Answer to Petition by Applicant,Louisiana Nuclear Energy for Review of LBP-97-8.* Staff Does Not Object to Subj Motion,Dtd 970602.W/Certificate of Svc ML20140E4211997-06-0202 June 1997 Motion by Nuclear Energy Inst for Leave to File Amicus Answer to Petition by Applicant Louisiana Energy Svcs for Review of LBP-97-08.* Nuclear Energy Inst Moves Commission to Grant Applicant Petition for Review.W/Certificate of Svc ML20148G7371997-05-28028 May 1997 NRC Staff Petition for Review of LBP-97-08.* Requests That Staff Petition for Review of LBP-97-08 Be Granted,Per 10CFR2.786 of Commission Regulations.W/Certificate of Svc ML20148G7171997-05-27027 May 1997 Petition of Applicant Louisiana Energy Svc for Commission Review of LBP-97-08.* Recommends That Commission Grant Review & Determine That Facility Not Product of Discriminatory Site Selection Process.W/Certificate of Svc ML20148G6191997-05-23023 May 1997 NRC Staff Answer to Applicant & Intervenor Petition for Review of LBP-97-3.* Staff Supports LES Petition for Commission Review of LBP-97-3.Citizen Against Nuclear Trash Petition Should Be Denied.W/Certificate of Svc 1998-04-29
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00CKE1E0 ii USHRC
'97 DTM8%N7 UNITED STATES OF AMERICA NUCLEAR REOULATORY COMMISSIONOgy[f,' d5']'[.
BEFORE THE ATOMIC SAFETY AND UcENSINGkb in the Matter of )
)
LOUISIANA ENERGY SERVICES, L.P. ) Doclun No. 704070-ML
)
(Claiborne Enrichment Center) .
)
NRC STAFF'S RESPONSE TO CANT'S MOTION FOR LEAVE TO FILE SUPPI FMENTAL FINDINGS IN REPLY TO NRC STAFF REPLY FINDINGS
- INTRODUCTION On October 16,1997, Intervenor Citizens Asainst Nucle a Trash (CANT) filed its Motion' before the Atomic Safety and Licensing Board (Board) for leave to file supplemental findings related to the issue remanded by the Commissionin CLI 97-11. As discussed below, the staff of the Nuclear Regulatory Corranission (Staff) opposes CANT's Motion.
DISCUSSION CANT's first argument is that in its Reply Findings 8the Staff contradicted the testimony
- given by Staff witness Dr. Joseph D. Price at the hearing in March 1995. Motion at 1,11. The
- alleged contradiction is based on the statement made in the Reply Findings that the Staff
- reviewed" a National Academy of Sciences (NAS) report. Reply Findings at 3,15. Accordirs l
Citizens Against Nuclear Trnh's Motion for lave to File Surreply Propcsed Supplemental Findings (Motion).
8 NRC Staff Reply to Ptoposed Fi.xiings Regarding CLI 9711, dated October 14,1997 uteply Findings).
EDft C
Too$! NN7o DI PDR
o I
2 to CANT, Dr. Price testified at the hearing that he had not " reviewed" the report, j CANT's argument is without merit. Dr. Price's actual testimony, given in response to questlom from counsel for LES is as follows:
Q. . Now, Dr. Makhljani references some National Academy of Science repons for the proposition that the value that you have ur:d Sr the retard, tion factor is much higher than reflected in the National Academy unence rnons and perhaps
- other documents. And to put it in the context, I think you are uses a retardation factor of 1,200, and Dr. Makhijani refers to information that would have the figure down as low as, I think, 50, but maybe in the range of 100, maybe 200, in its -
but something significantly lower than 1,200. Isn't that correct?
A. (Price) Yes. I believe that is correct.
Q. Now, how do you deal with that criticism? What is your - why is it appropriate to use the 1,200 as opposed to the 50 or the 100 or the 2007 A. (Price) Well, we are, of course, aware of the National Academy study, and in panicular with the summary table that provides values for retardations and with the associa'ed text that goes v ith that table. Neither the text nor the table provides citatiom for de value. And in addition, some of the associated text qualifies the values that aru provided in the table, i
We felt that we went to another reference, because it was a direct citation to experimental data, and we felt that we needed to rely on that, that that was a preferable route to go.
Tr.1116-17. ,
s In light of the testimcay of Dr. Price, quoted by CANT and supeated here, the use of the . ,
word " reviewed" was appropriate. CANT is being disingenuous in arguing that because Dr. Price did not use tlw. word " review " he did not review the repon.
CANT's second argument is that there is a misleading quotation from the NAS report which is not part of tha record. Motion at 1,12. CANT is correct that the NAS repon is not part of the record, in submitting his draft input for the Reply Findings, Dr. Price included the
e l
t 3- l statement for information purposes. Staff counsel inadvertently included the statement in the Reply Findings. The Staff withdraws the statement from its Reply Findings.
CANT's third assertion is that the Board should now review the NAS report. Motion at 12,13. This is unnecessary. Since that portion of the Reply Findings quoting the NAS report has been withdrawn, there is no basis for CANT's request that the Board review the extra record t
material.
Finally, CANT seeks leave to respond to statementt made by the Staff in the Reply Findings in response to statements made by CANT in its Proposed Finding 8. Motion at 2,14.
CANT appears to argue that, because the Staff did not propose a finding in the area of doses from the depleted uranium compared with doses from naturally occurring uranham, the Staff should be prxluded from replying to CANT's assertions. This would destroy the purpose of filing replies.
Whether or not a party has proposed a finding, that party may reply to statements made which are disputed by that party. Nothing in CANT's Motion establishes good cause for altering the proces ,
established by the Board in order to allow CANT to file any further reply fmdings CANT's Motion should, therefore, be denied, g
~
8 Citizens Against' Nuclear Trash's Proposed Supplemental Findings of Fact and Conclusions of Law Regarding Contentions B and J.3, dated October 7,1997 (Proposed Findings).
4 t
4 CONCLUSION For the reasons discussed above, CANT's Motion should be denied.
Respectfully submitted,
( ~ h _
! Richard G. Bachmann l' Counsel for NRC Staff Dated at Rockville, Maryland this 23rd day of October,1997 -
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, , , - - - . - . , - , - - . _ , , . - . ~ .n--.....,.n.,- c...,---... . . - . - . , _ , , -- , . - - .--,.,,.,.-.,,,.,_w.,---,- . . . + ,
DOCKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'97 OCT 24 A8 34 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFIG 0" UFCEWW In the Matter of ) RULEMArh5 OND
) ADJUDK:AhC% aTAFF LOUISIANA ENERGY SERVICES, L.P. ) Docket No. 70-3070 ML
)
(Claibome Enrichment Center) )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO CANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL FINDINGSIN REPLY TO NRC STAFF REPLY FINDINGS" in the above captioned proceedini, have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mall, first class, as indicated by an asterisk or by facsimile transmission with a conforming copy, as indicated by a double asterisk, '
or by hand delivery, as indicated by a triple asterisk, this 23rd day of October,1997:
Office of the Secretary *" Richard F. Cole *"
ATTN: Rulemakings and Adjudications Administrative Judge Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Thomas S. Moore, Chairman *" Frederick J. Shon*"
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board g U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Mr. Ronald Wascom* J. Michel McGarry, III. Esq."
Deputy Assistant Secretary Winston & Strawn Office of Air Quality & 1400 L Street, N.W.
Radiation Protection Washington, DC 20005 P.O. L 1x 82135 Baton Rouge, LA 70884-2135
j\ '
Robert G. Morgan
Duke Engineering & Services, Inc. Iouisiana Energy Services, L.P.
P.O. Box 1004 2600 Virginia Avenue, N.W.
Charlotte, NC 282011004 Suite 608 Washington, DC 20037 Marcus A. Rowden, Esq.* Office of the Commission Appellate Fried, Frank, Harris Adjudication Shriver & Jacobsen Mall Stop: 16-G 15 OWFN 1101 Pennsylvania Avenue, N.W. U.S. Nuclear Regulatory Commission Suite 900 South Washington, DC 20555 Washington, DC 20004 Atomic Safety and Licensing Board Nathalle M. Walker, Esq **
Panel Eanhjustice Legal Defense Fund
'J.S. Nuclear Regulatory Commission 400 Magazine Street, Ste. 401 Washington, DC 20555 New Orleans, LA 70130 Diane Curran, Esq.** Joseph DIStefano, Esq.*
Harmon, Curran, & Spielberg Urenco Investments, Inc.
2001 S Street, N.W., Suite 430 Suite 610 Washington, D.C. 20009-1125 2600 Virginia Ave., N.W.
Washington, DC 20037 David S. Bailey, Esq.*
~
Thomas J. Henderson, Esq.
Lawyers' Committee for Civil Rights Under Law 1450 0 Street N.W., Ste. 400 s Washington, DC 20005 Richard G. Bachmann Counsel for NRC Staff 9
1