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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217K0821998-04-30030 April 1998 Order.* Louisiana Energy Services Motion to Withdraw License Application & Terminate Proceeding Granted.Commission Dismisses Pending Petitions for Review & Vacates LBP-97-3 & LBP-97-22.W/Certificate of Svc.Served on 980430 ML20217H6791998-04-29029 April 1998 Response of Citizens Against Nuclear Trash (Cant) to Louisiana Energy Services Motion to Withdraw License Application.* Motion Should Be Granted,Subject to Certain Conditions.W/Certificate of Svc ML20217N2851998-04-29029 April 1998 Response of Citizens Against Nuclear Trash to Louisiana Energy Svc Motion to Withdraw License Application.* Applicant Should Be Required to Serve Further Correspondence to Intervenor.W/Certificate of Svc ML20217G2471998-04-28028 April 1998 NRC Staff Response to Louisiana Energy Services Motion to Withdraw.* Staff Has No Objection to Granting of Motion. W/Certificate of Svc ML20217G4801998-04-27027 April 1998 Motion by Citizens Against Nuclear Trash (Cant) for Extension of Time.* Requests Extension of Time from 980428 to 980504 to Respond to Commission Order of 980423. W/Certificate of Svc ML20217G5601998-04-27027 April 1998 Order.* Any Responses to Applicant 980422 Motion to Withdraw Application & Terminate Proceeding Shall Be Filed So That Responses Are in Hands of Licensing Board & Other Parties by 980504.W/Certificate of Svc.Served on 980427 ML20217E3351998-04-23023 April 1998 Order.* Answers to Applicant Motion to Withdraw License Application & Terminate Proceeding,In Matter of Louisiana Energy Svcs,Should Be Filed No Later than 980428. W/Certificate of Svc.Served on 980423 ML20217C8511998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Louisiana Energy Services,Lp Moves Pursuant to 10CFR2.107 to Withdraw Application & Requests Commission Terminate Proceeding. W/Certificate of Svc ML20217C9021998-04-22022 April 1998 Motion to Withdraw & Terminate Proceeding.* Applicant Moves to Withdraw Application & Requests That Board Terminate Proceeding.W/Certificate of Svc ML20216F7131998-04-16016 April 1998 Order.* Extends Time within Which Applicant May File Petition for Reconsideration of Commission Memorandum & Order CLI-98-03 (980403) Until 980426.W/Certificate of Svc. Served on 980416 ML20216E4261998-04-15015 April 1998 NRC Staff Response to Louisiana Energy Services Request for Extention of Time.* Staff Has No Objection to Granting of Request.W/Certificate of Svc ML20216D5441998-04-13013 April 1998 Request of Louisiana Energy Services,Lp for Extension of Time to File Petition for Reconsideration.* Requests Extension of Addl 10 Days to File Proposed Petition Re 980403 Memorandum & Order.W/Certificate of Svc ML20217M6211998-04-0707 April 1998 Order.* Informs That Each Party Shall File Statement of Views on Outstanding Issues to Be Resolved in Proceeding & Most Efficient Manner of Complying W/Commission Remand Order by 980727.W/Certificate of Svc.Served on 980407 ML20217M6111998-04-0303 April 1998 Memorandum & Order (Addressing NEPA Contentions) CLI-98-03.* Board Decisions in LBP-96-25 & LBP-97-08 Are Affirmed in Part,Reversed in Part & Remanded for Further Proceedings Consistent W/Opinion.W/Certificate of Svc.Served on 980403 ML20197D5591997-12-18018 December 1997 Reply of Louisiana Energy Svcs to Citizens Against Nuclear Trash Suppl to Petition for Partial Review of LBP-97-03.* Commission Should Conclude That Plausible Scenario Has Been Identified.W/Certificate of Svc ML20197D6641997-12-18018 December 1997 NRC Staff Response to Intervenor Supplement to Petition for Review of LBP-97-3.Citizens Against Nuclear Trash Petition Should Be Denied for Reasons Discussed in 970523 Staff Answer.W/Certificate of Svc ML20197D6911997-12-18018 December 1997 Memorandum & Order (Resolving Financial Qualifications).* Licensing Board Ruling on Financial Qualifications in LBP-96-25 Reversed & Applicant Financial Qualifications Approved.W/Certificate of Svc.Served on 971218 ML20202J4841997-12-0404 December 1997 Citizens Against Nuclear Trash Errata to Supplement to Petition for Partial Review of LBP-97-03.* W/Certificate of Svc ML20202J4531997-12-0303 December 1997 Citizens Against Nuclear Trash Supplement to Petition for Partial Review of LBP-97-03.* Supplement Sets Forth Reasons That Review Justified,Despite Licensing Board Recent Explanation for LBP-97-03 in LBP-97-22.W/Certificate of Svc ML20199K7511997-11-19019 November 1997 Order.* Provides Schedule Governing Filing of Any Cant Suppl or NRC Response to Cant Petition to Review Portion of 971113 LBP-97-3 Re Deep Disposal Issue.W/Certificate of Svc.Served on 971119 ML20199K4161997-11-13013 November 1997 Memorandum (Explanation Required by Remand).* Board Concluded That Mine for Disposal of Enrichment Tails W/Characteristics within Range of Parameters Used by Staff Can Be Used by Us.W/Certificate of Svc.Served on 971113 ML20217K9771997-10-27027 October 1997 Applicant Response to Citizens Against Nuclear Trash (Cant) Counter Motion to Strike.* Applicant Believes Board in Best Position to Review Cited Paragraphs & Determine Which Should Be Relied Upon,If Any.W/Certificate of Svc ML20212C7521997-10-23023 October 1997 Applicant Opposition to Citizens Against Nuclear Trash Surreply Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3.* W/Certificate of Svc ML20217K9501997-10-23023 October 1997 NRC Staff Response to Citizens Against Nuclear Trash (Cant) Motion for Leave to File Supplemental Findings in Reply to NRC Staff Reply Findings.* Motion Should Be Denied. W/Certificate of Svc ML20212C7691997-10-22022 October 1997 Citizens Against Nuclear Trash Response to Louisiana Energy Svcs Motion to Strike & counter-motion to Strike.* Paragraphs 2.3.3.3 & 2.3.3.2 Should Be Stricken. W/Certificate of Svc ML20198L0861997-10-16016 October 1997 Citizens Against Nuclear Trash Motion for Leave to File Surreply Proposed Suppl Findings.* Intervenor Believes Opportunity to Present Surreply Warranted Justified by Listed Info ML20198L1251997-10-16016 October 1997 Citizens Against Nuclear Trash Surreply Proposed Suppl Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Intervenor States That NRC Had No Justification for Ignoring Data Provided.W/Certificate of Svc ML20198K9351997-10-16016 October 1997 Order Directing NRC Staff to Respond,By 971023,to Citizens Against Nuclear Trash 971016 Filing by Fax.Louisiana Energy Svcs,Lp May File Response by Same Date If Desired. W/Certificate of Svc.Served on 971016 ML20198L0521997-10-15015 October 1997 Motion to Strike.* Louisiana Energy Svcs,Lp Moves to Strike Attachment to Citizens Against Nuclear Trash Reply Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3 Filed on 971014.W/Certificate of Svc ML20198K9651997-10-15015 October 1997 NRC Staff Response to NEI Motion to File Amicus Reply Brief on Commission Review of LBP-97-08.* Staff Has No Objection to Filing of NEI Reply Brief.W/Certificate of Svc ML20198L0621997-10-14014 October 1997 Citizens Against Nuclear Trash Reply to Proposed Suppl Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Intervenor Finds NRC Analysis Lacks Credibility as Source of Support for Les.W/Certificate of Svc ML20198K9381997-10-14014 October 1997 Applicant Reply to Proposed Findings of Fact on Remand.* Concludes That Plausible Scenario Identified & Costs Associated Therewith Have Been Properly Factored Into Appropriate Analyses.W/Certificate of Svc ML20198K9541997-10-0707 October 1997 Citizens Against Nuclear Trash Proposed Supplemental Findings of Fact & Conclusions of Law Re Contentions B & J.3.* Applicant Decommissioning Cost Estimate Rejected. W/Certificate of Svc ML20198L0401997-10-0707 October 1997 Applicant Proposed Findings of Fact on Remand.* Board Concludes It Plausible That Mine W/Characteristics Lying within Potential Range of Sensitive Parameters Assumed by NRC Exists or Will Exist When Needed.W/Certificate of Svc ML20198L1351997-09-30030 September 1997 Motion by Nuclear Energy Inst (NEI) for Leave to File Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08.* NEI Moves Commission to Accept Reply Brief & Consider Carefully Important Issues Affecting Industry ML20198L1461997-09-30030 September 1997 Nuclear Energy Inst Amicus Reply Brief on Review of Licensing Board Decision LBP-97-08 Re Environ Justice.* Commission Should Reverse Board Decision,For Reasons Discussed in 970808 Brief.W/Certificate of Svc ML20211H2111997-09-30030 September 1997 Applicant Reply Brief in Support of Petition for Review of LBP-97-08.* Licensing Board Needs Prompt & Vigorous Correction Re Commission Environ Regulations,Guidance & Precedents.W/Certificate of Svc ML20217C8041997-09-30030 September 1997 Transcript of 970930 Hearing in Matter of Louisiana Energy Svcs,Lp (Claiborne Enrichment Ctr) in Rockville,Md.Pp 1-42 ML20198L1661997-09-30030 September 1997 NRC Staff Reply to Opposition Brief of Intervenor,Citizens Against Nuclear Trash,On Appeal of LBP-97-08.* Staff Should Reverse LBP-97-08,for Reasons Discussed.W/Certificate of Svc ML20211H2301997-09-25025 September 1997 Order Directing Counsel for Nrc,Louisiana Energy Svcs,Lp & Citizens Against Nuclear Energy to Attend Hearing Conference on 970930.W/Certificate of Service.Served on 970925 ML20212H0911997-09-24024 September 1997 Response of Citizens Against Nuclear Trash to Licensing Board Order of 970911.* Board Has Jurisdiction to Clarify Matters in CLI-97-11 & Can Do So by Reviewing Record & Responding to Commission Questions.W/Certificate of Svc 1998-04-07
[Table view] Category:ORDERS
MONTHYEARML20217K0821998-04-30030 April 1998 Order.* Louisiana Energy Services Motion to Withdraw License Application & Terminate Proceeding Granted.Commission Dismisses Pending Petitions for Review & Vacates LBP-97-3 & LBP-97-22.W/Certificate of Svc.Served on 980430 ML20217G5601998-04-27027 April 1998 Order.* Any Responses to Applicant 980422 Motion to Withdraw Application & Terminate Proceeding Shall Be Filed So That Responses Are in Hands of Licensing Board & Other Parties by 980504.W/Certificate of Svc.Served on 980427 ML20217E3351998-04-23023 April 1998 Order.* Answers to Applicant Motion to Withdraw License Application & Terminate Proceeding,In Matter of Louisiana Energy Svcs,Should Be Filed No Later than 980428. W/Certificate of Svc.Served on 980423 ML20216F7131998-04-16016 April 1998 Order.* Extends Time within Which Applicant May File Petition for Reconsideration of Commission Memorandum & Order CLI-98-03 (980403) Until 980426.W/Certificate of Svc. Served on 980416 ML20217M6211998-04-0707 April 1998 Order.* Informs That Each Party Shall File Statement of Views on Outstanding Issues to Be Resolved in Proceeding & Most Efficient Manner of Complying W/Commission Remand Order by 980727.W/Certificate of Svc.Served on 980407 ML20217M6111998-04-0303 April 1998 Memorandum & Order (Addressing NEPA Contentions) CLI-98-03.* Board Decisions in LBP-96-25 & LBP-97-08 Are Affirmed in Part,Reversed in Part & Remanded for Further Proceedings Consistent W/Opinion.W/Certificate of Svc.Served on 980403 ML20197D6911997-12-18018 December 1997 Memorandum & Order (Resolving Financial Qualifications).* Licensing Board Ruling on Financial Qualifications in LBP-96-25 Reversed & Applicant Financial Qualifications Approved.W/Certificate of Svc.Served on 971218 ML20199K7511997-11-19019 November 1997 Order.* Provides Schedule Governing Filing of Any Cant Suppl or NRC Response to Cant Petition to Review Portion of 971113 LBP-97-3 Re Deep Disposal Issue.W/Certificate of Svc.Served on 971119 ML20198K9351997-10-16016 October 1997 Order Directing NRC Staff to Respond,By 971023,to Citizens Against Nuclear Trash 971016 Filing by Fax.Louisiana Energy Svcs,Lp May File Response by Same Date If Desired. W/Certificate of Svc.Served on 971016 ML20211H2301997-09-25025 September 1997 Order Directing Counsel for Nrc,Louisiana Energy Svcs,Lp & Citizens Against Nuclear Energy to Attend Hearing Conference on 970930.W/Certificate of Service.Served on 970925 ML20216K0651997-09-11011 September 1997 Order.* Requests That Each Party Provide Views on Basis for ASLB Jurisdiction to Proceed in Matter Re LBP-97-3,45 NRC 99 (1997) & on Most Efficacious Manner of Proceeding to Respond to Order.W/Certificate of Svc.Served on 970911 ML20216K1701997-09-0303 September 1997 Order.* Informs That Board Should Advise Commission & Parties of Alternative Reasonable Schedule If Board Cannot Resolve Matter by 971117 Re LBP-97-3,45 NRC 99 (1997). W/Certificate of Svc.Served on 970903 ML20217J4281997-08-0707 August 1997 Order.* Extends Until Further Notice Time within Which Commission May Rule on Louisiana Energy Svcs & Citizens Against Nuclear Trash Petitions for Review of ASLB Partial Initial Decision.W/Certificate of Svc.Served on 970807 ML20149E6491997-07-0808 July 1997 Order.* Listed Schedule Established for Comments from Parties.Louisiana Energy Svcs Should Inform Commission of Evaluation of Graystone Corp Request to Withdraw from Partnership.W/Certificate of Svc.Served on 970708 ML20149E6581997-07-0707 July 1997 Order.* Extends Time within Which Commission May Rule on Louisiana Energy Svcs & Citizens Against Nuclear Trash Petitions for Review of ASLB Partial Initial Decision,Until 970811.W/Certificate of Svc.Served on 970708 ML20148P7341997-06-30030 June 1997 Order.* Informs That Petitions Filed by NRC & LES for Commission Review of ASLB 970501 Final Initial Decision LBP-97-08 Granted & Issues Raised in Petitions Will Be Reviewed.W/Certificate of Svc.Served on 970630 ML20217K3341997-06-30030 June 1997 Order Directing Staff & Licensee to File Briefs on or Before 970808.NRC Will Permit NEI to File an Amicus Brief on Merits,Not to Exceed 20 Pages ML20148P7591997-06-25025 June 1997 Order.* Orders That Time within Which Commission May Rule on Louisiana Energy Svcs & NRC Petitions for Review of ASLB Final Initial decision,LBP-97-08,dtd 970501,extended Until 970725.W/Certificate of Svc.Served on 970625 ML20140E4691997-06-0606 June 1997 Order.* Extension Granted Until 970709 Re Time within Which Commission May Rule on Louisiana Energy Svcs & Citizens Against Nuclear Trash Petitions for Review of ASLB Partial Initial Decision.W/Certificate of Svc.Served on 970606 CLI-97-04, Order (CLI-97-04).* Informs of Decision to Grant NEI Motion for Leave to File Amicus Curiae Brief in Appeal of ASLB Second Initial Decision LBP-96-25 & Licensee Motion for Deferral,In Part.W/Certificate of Svc.Served on 9703211997-03-21021 March 1997 Order (CLI-97-04).* Informs of Decision to Grant NEI Motion for Leave to File Amicus Curiae Brief in Appeal of ASLB Second Initial Decision LBP-96-25 & Licensee Motion for Deferral,In Part.W/Certificate of Svc.Served on 970321 ML20138Q0461997-02-26026 February 1997 Order.* Citizens Against Nuclear Trash Directed to File Responsive Brief in Appeal of ASLB Partial Initial Decision LBP-96-25 on or Before 970417 & Staff & Licensee Should File Reply by 970501.W/Certificate of Svc.Served on 970227 ML20136G3501997-02-13013 February 1997 Order.* Informs That Petitions Filed by NRC & LES for Commission Review of ASLB 961203 Partial Initial Decision LBP-96-25 Granted & Issues Raised in Petitions Will Be Reviewed.W/Certificate of Svc.Served on 970213 ML20134K6281997-01-29029 January 1997 Order.* Denies Intervenor Motion for Partial Reconsideration of CLI-96-8.W/Certificate of Svc.Served on 970129 ML20134A6411997-01-21021 January 1997 Order Extending Time within Commission May Rule on Licensee 961219 & NRC 961223 Petitions for Review of Board Initial Decision LBP-96-25.W/Certificate of Svc.Served on 970121 ML20133E3751997-01-0303 January 1997 Order.* Informs That Motion of Intervenor Granted.Staff Extended Motion to 970110.W/Certificate of Svc.Served on 970103 ML20128K4481996-10-0202 October 1996 Order.* Grants Petition for Review in Part & Deny in Part & Direct Emergency Plan,Sar & SER Be Amended IAW Opinion.W/ Certificate of Svc.Served on 961002 ML20149E4441994-05-11011 May 1994 Order.* Staff Shall Telecopy Answer to Citizens Against Nuclear Trash (Cant) & Cant Shall File Reply to Answers of Applicant & Staff by 940518.W/Certificate of Svc.Served on 940518 ML20149E4651994-05-11011 May 1994 Order (Granting Motion to Withdraw Areas of Contention I & Dismissing,As Moot,Applicant Summary Disposition Motion).* Motion Granted & Applicant Summary Disposition Dismissed. W/Certificate of Svc.Served on 940512 ML20128P2501993-02-19019 February 1993 Order.* Provides Schedule for Intervenor to Respond to Specified Interrogatories in 920811 Applicant Interrogatories to Citizens Against Nuclear Trash Contentions.... W/Certificate of Svc.Served on 930219 ML20128D3761993-02-0202 February 1993 Memorandum & Order (Ruling on Applicant Motion to Compel Discovery).* Intervenor Compelled to Answer Listed Interrogatories.Licensee Motion to Compel Otherwise Denied. W/Certificate of Svc.Served on 930202 ML20141M6021992-08-24024 August 1992 Memorandum & Order.* Citizens Against Nuclear Trash 920727 Motion to Compel Applicant,Louisiana Energy Svcs, Denied.W/ Certificate of Svc.Served on 920825 1998-04-07
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DOCKETED USHRC UNITED STATES OF AMERICA 36 MH -7 A9 :02 NUCLEAR REGULATORY COMMISSION Oi FCl: OF Err:r -
ATOMIC SAFETY AND LICENSING B ' If[
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- gp Before Administrative Judges
Thomas S. Moore, Chairman Richard F. Cole Frederick J. Shon g pgf }ggg Docket No. 70-3070-ML-R2 In the Matter of ASLBP No. 98-738-01-ML-R LOUISIANA ENERGY SERVICES, L.P. (Special Nuclear Material License)
(Claiborne Enrichment Center)
April 7, 1998 Order In CLI-98-3, 47 NRC __ (1998), the Commission affirmed in part and reversed in part LBP-96-25, 44 NRC 331 (1996), and LBP-l 97-8, 45 NRC 367 (1997), and " remanded for further proceedings I
consistent with this opinion." (Slip, op. at 41 (April 3, 1998). l l
The parties each shall file by April 27, 1998 a statement of its views on the outstanding issues to be resolved in the proceeding l and the most efficient and efficacious manner of complying with the Commission's remand order. Each party shall also include in j its filing a proposed schedule for resolving any outstanding 9804080146 980407 PDR ADOCK 07003070 PDR
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issues. 'Once the B'oard has reviewed the parties' filings, it will decide,whether a hearing conference is necessary.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD I- lUm Th'omas S. ~ Moore,' Chairman ADMINISTRATIVE JUDGE Richard F. Cole ADMINIST IVE JUDGE
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Frederick J s h /
ADMINIS TIV JUDGE Rockville, Maryland l' April 7, 1998 g
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of LOUISIANA ENERGY SERVICES, L.P. Docket No.(s) 70 3070-ML (Claiborne Enrichment Center SNM License) l CERTIFICATE OF SERVICE f 1
I hereby certify that copies of the foregoing LB ORDER RE COMM REMAND ORDER i have been served upon the following persons by U.S. mail, first class, except j as otherwise noted and in accordance with the requirements of 10 CFR Soc. 2.712. l Administrative Judge .
Office of Comuission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC ~20555 Administrative Judge Administrative Judge Richard F. Cole Frederick J. Shon Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Janice E. Moore, Esq. l Richard G. Bachmann, Esq. Diane Curran, Esq.
Office of the Genera' Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 i l
Washington, DC. 20555 l
Jay E. Silberg, Esq. Roland J. Jensen Counsel for NEI President Shaw, Pittman, Potts & Trowbridge Lousiana Energy Services, L..P.
2300 N Street, N.W. 2600 Virginia Avenue, N.W., Suite 608 Washington, DC 20037 Washington, DC 20037
4 Docket No.(s)70-3070-ML LB ORDER RE COMM REMAND ORDER i
Robert G. Morgan Licensing Manager J. Michael McGarry, III, Esq.
LES - c/o Duke Engineering and Counsel for LES Services, Inc. Winston & Strawn PO Box 1004 1400 L Street, N.W.
Charlotte, NC 28201 Washington, DC 20005 Ronald Wascom Nathalie M. Walker, Esq. Deputy Assistant Secretary l Robert B. Wiygul, Esq. Office of Air Quality & Rad. Protection l Earthjustice Legal Defense Fund Dept. of Environmental Quality 400 Magazine Street, Suite 401 P.O. Box 82135 New Orleans, LA 70130 Baton Rouge, LA 70884
! Dated at Rockville, Md. this 7 day of April 1998 Office of the Secretary of the Codhission l
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