ML22278A432
| ML22278A432 | |
| Person / Time | |
|---|---|
| Site: | Erwin |
| Issue date: | 10/05/2022 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | NRC/OGC |
| SECY RAS | |
| References | |
| 70-143-LA, ASLBP 22-977-01-LA-BD01, RAS 56471, TBD | |
| Download: ML22278A432 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chair William J. Froehlich Dr. Sue H. Abreu In the Matter of NUCLEAR FUEL SERVICES, INC.
(License Amendment Application)
Docket No. 70-143-LA ASLBP No. 22-977-01-LA-BD01 October 5, 2022 MEMORANDUM AND ORDER (Regarding Additional Filing by Park Overall)
Before the Licensing Board is the request of Park Overall for access to non-public Sensitive Unclassified Non-Safeguards Information (SUNSI) associated with the November 18, 2021 request of BWXT Nuclear Fuel Services, Inc., to amend the existing 10 C.F.R. Part 70 license for its Erwin, Tennessee nuclear fuel fabrication facility to perform new processes associated with uranium purification and conversion to uranium metal. The Board is in receipt of a letter dated October 5, 2022, from Ms. Overall.1 In that letter, she responds to certain aspects of the NRC Staffs October 3, 2022 reply to her September 28, 2022 appeal from the Staffs September 21, 2022 denial of her September 12, 2022 SUNSI access request.
While we are aware of Ms. Overalls status as a self-represented litigant, the Board nonetheless observes that the Commission directive that governs participant submissions in this
1 Letter from Park Overall to E. Roy Hawkens, Chief Administrative Judge (Oct. 5, 2022).
By issuance dated September 30, 2022, Chief Administrative Judge Hawkens established this Licensing Board to consider and rule upon Ms. Overalls appeal from the Nuclear Regulatory Commission (NRC) Staffs denial of her SUNSI access request. See Nuclear Fuel Services, Inc.; Establishment of Atomic Safety and Licensing Board, 87 Fed. Reg. 60,420 (Oct. 5, 2022).
proceeding does not authorize a filing such as that made by Ms. Overall.2 Nor was her letter accompanied by a motion for leave to file such an additional submission.3 Accordingly, the NRC Staff need not submit any further responsive pleadings. If, however, the Staff wishes to do so, any Staff response to Ms. Overalls October 5 submission must be filed on or before Friday, October 7, 2022.
Thereafter, no further submissions are authorized in this proceeding in the absence of a participant motion seeking leave of the Board to file an additional pleading or a Board order requesting such a filing.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 5, 2022 2 See Nuclear Fuel Services, Inc., 87 Fed. Reg. 53,507, 53,510, 53,511 (Attach. 1)
(Aug. 31, 2022) (outlining SUNSI access request process and filings authorized under that process).
3 See 10 C.F.R. § 2.323(c).
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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Nuclear Fuel Services, Inc.
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Docket No. 70-143-LA
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(Application to Amend Special Nuclear
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Materials License SNM-124)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Regarding Additional Filing by Park Overall) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Roy Hawkens, Chief Administrative Judge Dr. Sue H. Abreu, Associate Chief Administrative Judge (Technical)
G. Paul Bollwerk, Administrative Judge William J. Froehlich, Administrative Judge Allison R. Wood, Law Clerk E-mail: roy.hawkens@nrc.gov sue.abreu@nrc.gov paul.bollwerk@nrc.gov william.froehlich@nrc.gov allison.wood@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Mauri T. Lemoncelli Joseph D. McManus Nicolas P. Mertz Kevin C. Roach E-mail: Mauri.Lemoncelli@nrc.gov Joseph.McManus@nrc.gov Nicolas.Mertz@nrc.gov Kevin.Roach@nrc.gov Nuclear Fuel Services, Inc.
1205 Banner Hill Road Erwin, TN 37650 Timothy A. Knowles Director, Safety and Safeguards E-mail: taknowles@nuclearfuelservices.com Counsel for Nuclear Fuel Services, Inc.
Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Ryan K. Lighty E-mail: ryan.lighty@morganlewis.com Erwin Citizens Awareness Network P.O. Box 1152 Jonesborough, TN 37659 Linda Cataldo Modica, President*
Barbara ONeal, Vice President*
Trudy Wallack, Secretary*
E-mail: lcmodica@aol.com barboneal@charter.net trudylmw@aol.com Stakeholder Park Overall OIparko@aol.com
Nuclear Fuel Services 70-143-LA MEMORANDUM AND ORDER (Regarding Additional Filing by Park Overall) 2 Office of the Secretary of the Commission Dated at Rockville, Maryland, this 5th day of October 2022.
Clara I. Sola Digitally signed by Clara I.
Sola Date: 2022.10.05 16:50:23
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