ML20248M109
| ML20248M109 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1998 |
| From: | NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20248M108 | List: |
| References | |
| CLI-98-10, NUDOCS 9806150002 | |
| Download: ML20248M109 (2) | |
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3 and 2) the proposed export, if authorized, would be inimical to the common defense and security of the United States. Petition at 18-20. NCl requests that the Commission grant NCI's petition for leave to intervene and order a full and open public hearing at which interested parties may present oral and written testimony and conduct discovery and cross-examination of witnesses Petition at 25-30.
Transnuclear, on behalf of AECL, opposes NCI's intervention and hearing request.8 lt asserts that NCI lacks standing to invoke any hearing right afforded to persons whose interest may be affected under Section 189a. of the AEA and that all applicable statutory criteria for the export have been satisfied.d Enrichment Research and Test Reactor [RERTR) Program of the Department of Energy and use of the fuel or target will permit the large majority of ongoing and planned experiments and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor." The RERTR program, a program to develop LEU fuel and targets for research and test reactors, is run by Argonne National Laboratory under contract with the Department of Energy.
'Transnuclear's pleadings in opposition to NCI's intervention and hearing requests were filed Feb. 2,1998 (Appl. Opposition) and Feb. 23,1998 (Appl. Reply).
4Transnuclear also argues that NCl's Petition should be denied as untimely with respect to License No. XSNM-3013. Opposition at 9-13. Under 10 C.F.R. 9110.82(c)(2), intervention petitions and hearing requests are due within 15 days after notice of receipt in the Public Document Room. Transnuclear's application for License No. XSNM-3013 was received in the Public Document room on Nov.12,1997; NCI's Petition was filed on Dec. 29,1997 (which was within 30 days of the Federal Reaister publication of notice of the application for License L'o.
XSNM-3012 and therefore timely filed as to that application). Since we are denying NCI's petition on other grounds, we need not reach the question of whether the petition should be denied on grounds of untimeliness. We note, however, that NCI's Petition was filed at an early stage in the proceeding, several months before the Commission had received the Executive Branch's views on the application. In fact, briefing on the issues raised in NCl's Petition was completed before the Commission's receipt of the Executive Branch's views. Therefore, the lateness pglig of NCl's intervention request, had it been granted, would have resulted in minimal, if any, disruption or delay in the proceeding.
9806150002 980611 PDR XPORT XSNPf-3012 pog
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of TRANSFLCLEAR, INC., ON BEHALF 0F Docket No.(s) 11004997/4998 ATOMIC ENERGY OF CANADA, LIMITED (Export of 93.3% Enriched Uranium)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing CORRECTION TO CLI-98-10 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of the General Counsel James A. Glasgow, Esq.
Mail Stop 15 B18 Morgan, Lewis & Bockius LLP U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
Washington, DC 20555 Washington, DC 20036 Eldon V. C. Greenberg, Esq.
Executive Secretary Garvey, Schubert & Barer U. S. Department of State 1000 Potomac Street, N.W., Fifth Floor Washington, DC 20520 Washington, DC 20007 Dated at Rockville, Md. this 11 day of June 1998 Yo/
ht & w /
Office of the Secretary of the Commission
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