ML20236E003
| ML20236E003 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/21/1987 |
| From: | Norton B PACIFIC GAS & ELECTRIC CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#487-4665 OLA, NUDOCS 8710290023 | |
| Download: ML20236E003 (13) | |
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NUCLEAR REGULATORY COMMISSION 90CKETED l
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OCT 211987 57 OCT 23 P3 :55 t
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0FFICE Of SECRETARY l
08CKEitNG 4 SENVICE BRANCH John H. Frye, Chairman James H. Carpenter Administrative Judge Administrative Judge -
Atomic Safety and Licensing Board Atomic Safety and Licensing Board l
U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 j
in the Matter of Atlas Minerals Division of l
Atlas Corporation (Source Materials License No. SUA-917)
Docket No. 40-3453 $ P j
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Dear Judge Frye:
l Enclosed for filing is the " Joint Motion To Hold Proceeding in Abeyance."
l The motion requests that proceedings in the above-captioned case be suspended for 30 days (and such further extensions as warranted) to afford the parties the opportunity to reach an extra-Judicial resolution of their differences.
Also enclosed for your information is a September 29, 1987 letter from the NRC Region IV Administrator to Atlas Corporation which reflects the Staff's understanding of certain actions proposed to be taken by Atlas in connection with the parties settlement efforts.
The Staff is providing th!s information In fulfillment of its obligation to bring to the Presiding Officer's attention matters bearing on the issues before the Presiding Officer.
@ckrely, l1 Gr g A n8 y
j Counsel NR Staff
Enclosures:
As Stated i
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!>s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before JOHN H.
FRYE, III Administrative Judge In the Matter of
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ATLAS MINERALS DIVISION
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Docket No. 40-3453 OF ATLAS CORPORATION
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ASLBP No. 87-557-05-SP
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Source Material License
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No. SUA-917
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l JOINT MOTION TO HOLD PROCEEDING IN ABEYANCE 1
On September 25, 1987, the Commission issued an Order granting Atlas Minerals Division of Atlas Corporation (" Atlas")
an informal hearing on the NRC Staff's denial of its application to renew Source Material License No. SUA-917.
In the past few weeks, Atlas and the NRC Staff have had discussions about means for resolving this matter without litigation.
Accordingly, both Atlas and the NRC Staff believe it would be appropriate to hold this proceeding in abeyance pending further discussions and pos-sible settlement between the parties.
J The parties propose that 30 days from the date of this mo-l tion they report in writing to the Administrative Judge on the status of the ongoing discussions.
If at that time an agreement has not been reached and either party believes further discussion would be fruitful, that party will so notify the Administrative i
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- t Judge and request a further suspension of the informal hearing.
i If such a request is made and denied, the proceeding will com-mence.
If this approach is satisfactory to the Administrative Judge,.the parties would file their first report on November 20, 1987.
Respectfully submitted,
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Greg'ory B7rg\\'
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Counsel or NPC'SJtaff
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Ramsay D /Potts f
Counsel <for Atlas Dated:
October 19, 1987 i
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Atlas Corporation Attn: Mr. Richard R. Weaver President and Chief Executive Officer 353 Nassau Street Princeton, N.J.
08540 Gentlemen:
This refers to your letter of September 24, 1987 to Mr. R. Dale Smith.
We find your proposal to submit as collateral $6,000,000 worth of uranium concentrate, augmented by a cash escrow account as the uranium is sold, to be worthy of further consideration as a possible surety arrangement.
Therefore, in order to comply with Section IV, Paragraph F, of our Order i
of July 31, 1987, you should submit for our review and approval a legally enforceable instrument to this office granting a security interest in the uranium concentrate, the documented basis for establishing the worth of 4
the uranium, the details of pending sales arrangements (including copics
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of all sales contracts), and documentation showing the establishment of j
an escrow account (revocable only with the written approval of the NRC) for the benefit of the Comission or its designee and subject to their respective direction. The escrow account may be replaced by Atlas at some future date with some other financial surety arrangement acceptable to the NRC. You are granted an extension of time for this submittal to October 16, 1987.
In addition, the date for submittal of a proposed detailed plan for decommissioning and decontamination of the milling facilities is hereby extended an additional 60 days from the date of the Order.
ORIGINAL, $lGN80 b)
ROBERT D. I" ""-
Robert D. Hartin Regional Administrator bec:
M. Knapp, HMSS R. L. Bangart R. Fonner, 0GC N*
l G. Berry, OGC telcon concurretice RIV:PC URFO:D R
WLBrown':jc RDSmith R - tin 9/29/87 9/29/87 9/29/87
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[! 9-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE I
In the Matter of
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Docket No.
40-3453 ATLAS MINERALS DIVISION OF-
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ATLAS CORPORATION
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ASLBP No. 87-557-05 SP Source Material License ~ No. SUA-917 ~
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CERTIFICATE OF SERVICE l hereby certify that copies of " JOINT-MOTION TO HOLD PROCEEDING IN ABEYANCE" in the above-captioned proceeding have been served on the following by deposit in-the United States mall, first class, or, as indicated.
by an asterisk, by deposit in the Nuclear Regulatory Commission's Internal
-mail system, this 21th day of. October 1987.
John H. Frye, Chairman *
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Ramsay D. Potts, Esq.
i Administrative Judge-Robert E. Zahler, Esq.
Atomic Safety and Licensing Board Shaw, Pittman, Potts 6 Trowbridge U.S. Nuclear, Regulatory Commission 2300 N -Street, NW Washington, DC 20555 Washington, DC 20037 James H. Carpenter
- Mr. Richard R. Weaver Administrative Judge President and Chlef Executive Atomic Safety and Licensing Board Officer U.S; Nuclear Regulatory Commission Atlas Corporation Washington, L ^ 20555 353 Nassau Street Princeton, NJ 08542 Mr. Richard E. Blubaugh Regulatory Affairs Manager Office of the Secretary
- Atlas Minerals Division of Docketing and Services Branch Atlas Corporation U.S. Nuclear Rgulatory Commission 743 Horizon Court, Suite 202 Washington, DC 20555 Grand Junction, Colorado 81506 f
Gregory Al Ber Counsel fo RC ff l
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