ML20247M209

Requests That Listed Documents Be Included in Hearing File & Be Tranmitted to Parties,Per 890906 Memo.Consideration of Encl MT Dodson for Files Also Requested.W/ Certificate of Svc.Served on 890919

ML20247M209
Person / Time
Site:	07000036
Issue date:	09/19/1989
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
CON-#389-9193 MLA, NUDOCS 8909250155
Download: ML20247M209 (2)

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2% UNITED STATES . -c f* { N'UCLEAR REGULATORY COMMISSION

• YIN.. . ~ , f I* ATOMIC SAFETY AND LICENSING BOARD PANEL W ASHINGTON, D.C. 20565

' % . . o . 'h[ '89 SEP 19 P2:22 September.19, 1989 ,

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MEMORANDUM FOR3 Leland C. Rouse, Chief .

SERVED SEP 1 9 1989 Fuel Cycle Safety Branch Division of Industrial and Nediccl Nuclear Safety, NMSS FROM: Charles Bechhoefer Presiding Officer hdh me Administrative Judge

SUBJECT:

COMBUSTION ENGINEERING, INC., STAFF HEARING FILE, DOCKET NO. 70-36-MLA This is with reference to your memorandum of September 6, 1989, on the above subject.

In examining the files of thju proceeding as set forth in the Commission's Nuclear Document Control System (NUDOCS), I have become aware of three documents not included in the Hearing File constituting correspondence between the NRC Staff and Combustion Engineering, Inc., concerning the proposed facility addition which is the subject of this proceeding. These documents are:

1. Letter dated July 26, 1988, from Combustion Engineering (A. E. Scherer) to NRC (L. C. Rouse)

(# LD-88-061).

2. Letter dated September 30, 1988, from Combustion Engineering (A. E. Scherer) to NRC (L. C. Rouse)

(# LD-88-104).

3. Letter dated February 24, 1989, from NRC (Leland C.

Rouse) to Combustion Engineering (Dr. P. L. McGill),

including copy of report prepared by Oak Ridge Associated Universities, dated January 24, 1989, and transmitted to NRC on February 16, 1989.

I would appreciate your including these documents in the Hearing File and transmitting them to the parties and myself. (Proprietary portions need not be included.)

In addition, by copy of a letter dated September 18, 1989, to Ms. Martha T. Dodson, I have asked the Staff to consider including in hearing files a copy of 10 C.F.R. Part 2, in 7/

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proceedings in which a local public document room is not available. Enclosed for your information is a copy.of this letter.

Enclosure:

As stated cc: Service List (w/out encl.)

Sa af%g f t f UNITED STATES i 'I. g E Ea -

4 NUCLEAR REGULATORY COMMISSION y

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..... t September 18, 1989 Ms. Martha T. Dodson 412 Mississippi Crystal City, MO 63019 j 1

l Re: Combustion Engineering, Inc. (Hematite Fuel Fabrication Facility, Special Nuclear Materials License No. SNM-33),

Docket No. 70-36-MLA

Dear Ms. Dodson,

Thank you for your letter of August 25, 1989, asking for a copy of the Rules and Regulations governing proceedings of the type in which you are involved. I apologize for the delay in my response, which was caused by my which extended absence your letter from the office during the period in was received.

Since there is no local public document room (where the Rules of Practice normally are available) for this proceeding, I am forwarding to you a copy of the Commission's Rules of Practice, as set forth in 10 C.F.R. Part 2.

(I have not included the Appendices to Part 2, since they type.)

are not directly relevant to a proceeding of this In addition, I am enclosing the Statement of Considerations for the portion of the rules (Subpart L, SS 2.1201-2.1263) which are specifically applicable to {

materials license proceedings of this type, which appears at }

i 54 Fed. Reg. 8269 et sec. (February 28, 1989). I cited the j Statement of Considerations on several occasions in my Memorandum and Order dated August 18, 1989. j

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By copy of this letter, I am requesting the Staff in the future to consider including a copy of the Rules of Practice informal hearingin the Hearing rules. Files of cases subject to the )'

I would this letter, like to call your attention (and, by copies of the attention of other petitioners) to those rules governing service of documents.

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provide copies of all your filings not only to me but.also to the other-parties to the proceeding (which at the present time includes only the Applicant,: Combustion Engineering, Inc.,_which should be served through its counsel, Mr.

L Michael Bauser). An original and two conformed copies must L also be provided to the office of the Secretary. See 10 C.F.R. SS 2.1203, 2.712.

Further, an additional copy of each Licensing Appeal Board. Finally, pleading should be served on the Atomic Safety and it would be appreciated if you would Judge Kline, another for docketing).

provide two extra copies to my Office (one for L

i I hope that this material will be useful to you. If other petitioners should be admitted to the proceeding, please share the enclosed material with them.

Sincerely, 2No y Charles Bechhoefer Presiding Officer ADMINISTRATIVE JUDGE encl.: 10 C.F.R. Part 2 Statement of Considerations, 54 Fed. Reg. 8269 cc: Service List (w/o encl.)

NRC Staff (w/o encl.)

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u__________________ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . 3

UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION In the Matter of I 1 I COMBUSTION ENSINEERINS. INC. I Docket No.(s) 70-36-MLA 1

(Hematite Fuel Fabrication Facility I License No. SNM-33) 1 I

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMO BECHH0EFER TO ROUSE-9/19 have been served upon the following persons by U.S. mail, first class, except as otherxise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Administrative Judge Charles Bechhoefer Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Michael A. Bauser, Esquire Office of the General Counsel Newman & Holtzinger, P.C.

U.S. Nuclear Regulatory Commission 1615 L Street, NW Washington, DC 20555 Washingten, DC 20036 Missouri State Senator Jeremiah W. (Jay) Nixon 22nd District Martha Dodson Room 429 412 Mississippi State Capitol Crystal City, MD 63019 Jefferson City, MD 65101 Arlene Sandler President Karen Sisk Coalition for the Environment 1123 Wolf Hollow Road St. Louis Chapter Imperial MD 63052 6267 Delmar Boulevard St. Louis, MO 63130 Dated at Rockville, Md. this  ;

19 day of September 1989 '

Office i t e Secretary of the Commission