ML14248A375

Order (Denying NRC Staff Motion to Strike)

ML14248A375
Person / Time
Site:	Aerotest
Issue date:	09/05/2014
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:	NRC/OGC
SECY RAS
References
50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 26447
Download: ML14248A375 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge:

E. Roy Hawkens Presiding Officer In the Matter of Docket No. 50-228-LT AEROTEST OPERATIONS, INC. ASLBP No. 14-931-01-LT-BD01 (Aerotest Radiography and Research Reactor) September 5, 2014 ORDER (Denying NRC Staff Motion to Strike)

On August 11, 2014, this Board issued an order denying the Companies motion to file additional exhibits. 1 On August 29, 2014, the Companies filed their written post-hearing statement of position, which included a request that the Commission reconsider the Boards August 11 order and which advanced arguments based on the non-admitted exhibits.2 On September 3, 2014, the NRC Staff filed a motion that sought (1) to strike the above-mentioned portions of the Companies post-hearing statement of position; or, in the alternative (2) to permit the Staff to provide a substantive response (which the Staff included in their motion) to the Companies arguments.3 1

See Licensing Board Memorandum and Order (Denying Aerotest Operations, Inc. and Nuclear Labyrinth, LLCs Motion to File Additional Exhibits (Aug. 11, 2014) (unpublished).

2 See Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Post-Hearing Statement of Position on the Denial of Indirect License Transfer Application (Aug. 29, 2014) at 6, 49-51.

3 See Motion to Strike Portions of Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Post-Hearing Statement of Position on the Denial of Indirect License Transfer Application (Sept. 3, 2014).

This Board denies the Staffs motion to strike portions of the Companies post-hearing statement of position. However, the Staffs motion is included in the record of this proceeding, thereby giving the Commission the benefit of the Staffs response to the Companies arguments.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

E. Roy Hawkens PRESIDING OFFICER Rockville, Maryland September 5, 2014

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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AEROTEST OPERATIONS, INC. ) Docket No. 50-228-LT

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(Aerotest Radiography Research Reactor) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Denying NRC Staff Motion to Strike) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel Pillsbury Winthrop Shaw Pittman LLP U.S. Nuclear Regulatory Commission 2300 N Street NW Mail Stop T-3F23 Washington, DC 20037-1122 Washington, DC 20555-0001 Kimberly Harshaw, Esq.

Jay Silberg, Esq.

E. Roy Hawkens Maria Webb E-mail: Roy.Hawkens@nrc.gov E-mail: Kimberly.Harshaw@pillsburylaw.com Jay.Silberg@pillsburylaw.com Kathleen Schroeder, Law Clerk Maria.Webb@pillsburylaw.com E-mail: Kathleen.Schroeder@nrc.gov

Aerotest Operations, Inc., Docket No. 50-228-LT ORDER (Denying NRC Staff Motion to Strike)

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Anita Ghosh, Esq.

Christina England, Esq.

Catherine Kanatas, Esq.

Susan Uttal, Esq.

Edward Williamson, Esq.

Jeremy Wachutka, Esq.

Sabrina Allen, Paralegal John Tibbetts, Paralegal E-mail:

Anita.Ghosh@nrc.gov; Christina.England@nrc.gov; Catherine.Kanatas@nrc.gov; Susan.Uttal@nrc.gov; Edward.Williamson@nrc.gov; Jeremy.Wachutka@nrc.gov John.Tibbetts@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

[Original signed by Brian Newell ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of September, 2014 2