ML20217K334

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

ML20217K334
Person / Time
Site:	Claiborne
Issue date:	06/30/1997
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	LOUISIANA ENERGY SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20217K323	List: ML20217K318 ML20217K334 ML20217K344
References
CLI-97-07, CLI-97-7, ML, NUDOCS 9708150199
Download: ML20217K334 (3)

Text

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UNI','ED STATES OF AMERICA NUCLF.AR REGULATORY-COMMISSION 97 JL' 30 A9 :12 COMMISSIONERS:

Shirley Ann Jackson, Chairman OFFICE OF,iE,.jl., yig Kenneth C. Rogers DOCKETI,. . . . ~ , 4. -

Greta J. Dieus-Nils J. Diaz Edward McGaffigan,-Jr.

SERVED JUN 3 01997

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In the matter of )

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Louisiana Energy Ser" ices ) Docket No. 70-3070-ML

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(Claiborne. Enrichment Center) ))

CLI-97-7 ORDER The Nuclear Regulatory Commission staff and Louisiana Energy Services (LES) have filed petitions for Commission review of the Atomic Safety and Licensing Board's May 1, 1997, Final Initial Decision, LBP-97-8, 45 NRC (1997), concerning contention J,9 (raisinp " environmental justice" claims). This proceeding involves LES's application for a license to construct and operate The the Claiborne Enrichment Center (CEC) near Homer, Louisiana.

intervenor, Citizens Against Nuclear Trash (CANT), opposes the l petitions for Commission review. In accordance with the considerations set forth in 10 C.F.R. S 2.786 (b) (4) , the Commission has decided to grant the petitions and will review the issues raised in the staff's and LES's petitions.1

'The Commission also has before it three petitions for

-review, two by CANT and one by LES, raising various challenges to the Board's handling of waste disposal issues, including its 9708150199 970700 1 PDR ADOCK 07003070 j C PDR ,

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1. Schedulina of Briefs.

Pursuant to 10 C.F.R. 5 2.786 (d) ,- the. Commission sets the .

. following briefing schedule's

1. The Otaff and LES shall-file their briefs on or before Each brief shall be no longer than 30 Augus: 8, 1997. >

pages.

2. CANT shall file a single responsive brief on or before September- 18,-1997. Its response shall not exceed 40 pages. We allow 40 pages for CANT's brief so that CANT will have. .dequate space to respond to seperate approaches that may be taken in the opening briefs of the staff and LES. It is also possible thatAgg C..JT will '

face an amicus curiae brief filed by NEI.

discussion below.

3. The staff and LES may file reply briefs on or before September 30, 1997. Their replies shall not exceed 10 pages each.

Briefs in excess of 10 pages must contain a table of contents, with page references, and a table of cases 1

(alphabetically arranged), statutes, regulations, and other authorities cited, with references to the pages of the brief

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where they are cited. .Page limitations on briefs are exclusive of pages containing a table of contents, table of cases, and of any addendum containing statutes, rules, regulations, etc.

d decision in LBP-97-3, 45 NRC __ (1997). In addition, the Commission is considering the briefs filed by the parties after the-Commission granted earlier petitions for review raising NEPA and financial _ qualifications issues. _ Egg CLI-97-3, 45 NRC 49 (1997). The Commission will act on those matters in due course.

8 In a letter dated June 5, 1997, CANT's lawyers asked the Commission, in setting a briefing schedule, to take into consideration their "previously scheduled family obligations out of. town during the entire month.of August." LES opposes any delay in the proceeding. The Commission has taken into account both concerns in_ establishing the briefing schedule in this. case.

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3 2, Motion to File Amicus Curiae Brief in Succort of Petitions.

The Nuclear Energy Institute (NEI) has sought leave to file t 4

an amicus curiae brief in support of the petitions for review.

We deny the motion. Our rules contemplate amicus curiae triefs only after the Commission grants a petition for review, and do not provide for amicus briefs supporting or opposing petitions for review. Eg.g 10 C.F.R. 5 2.715 (d) ; .c{. Secuovah Fuels CorDoration and Ger_e;al Atomics (Gore, Oklahoma Site), CLI-96-1 No special circumstances here warrant an 43 NRC 16, 17 (1996).

exception to our rules.

Without further motion, however, we will permit NEI to file an amicus brief on the merits, not to exceed 20 pages, should it choose to do so. Ee.g Secuovah Fuels Corocration, 43 NRC at 17, NEI must file its amicus brief no later than the filing date of Eg.g 10 the briefs for the parties whose position NEI supports.

C.F.R. 5 2.715(d).

IT IS SO ORDERED.

For the Commission'

<n 2- f 5 Eff)bG oU} / / John C. Hoyle Secretary of the Commission gg Dated atJ ockv111e, Maryland, this 3e - day of June, 1997.

3 Commissioner If she Dicus waspresent, had been not available for the she would affirmation have approved of this Order.

the Order.