ML20006F534
| ML20006F534 | |
| Person / Time | |
|---|---|
| Site: | 05000000, 05000603, 05000604 |
| Issue date: | 02/16/1990 |
| From: | Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#190-9911 89-596-01-OM-SC, 89-596-1-OM-SC, OM-SC, NUDOCS 9002280127 | |
| Download: ML20006F534 (6) | |
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USNRC UNITED STATES OF AMERICA 90 FEB 20 P3:46 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD, r tgEgSjCRgy imAIM In the Matter of Docket Nos. 50-603 and 50-604 # # [/
S ALL CHEMICAL ISOTOPE ENRICHMENT, INC.
ASLBP No. 89-596-01-0M/SC
' (AlChemIE Facility-1 CPDF) and (AlChemIEFacility-2OliverSprings)
NRC STAFF MOTION FOR ISSUANCE OF A LICENSING BOARD SCHEDULING ORDER I.
BACKGROUND AllChemicalIsotopeEnrichment,Inc.(licensee)istheholderof Construction Permits (licenses) numbered CPEP-1 and CPEP-2, issued by the Nuclear Regulatory Commission (NRC or Staff) pursuant to 10 CFR Part 50.
Construction. Permit No. CPEP-1 was issued on February 10, 1989, and was amended on June 20, 1989, to extend its latest date for completion to November 3, 1989.
On October 2, 1989, licensee filed a timely request for 1
a further extension of the latest' completion date.
This request is still under advisement.
Construction Permit No. CPEP-2 w.n issued on February 10, 1989, and has a latest date for comrletion of March 31, 1992.
L On August 18, 1989, the NRC staff's Deputy Executive Director for l
Nuclear Material Safety, Safeguards and Operations Support issued an
" Order Modifying License and Order to show cause Why Licenses Should not t
be Revoked" to licensee stating that, effective immediately, Construction Permits Nos. CPEP-1 and CPEP-2 were modified to require notification to the Commission before licensee took possession of any classified equipment Ok
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t from the Department of Energy and that the licensee show cause why Construction Permits Nos. CPEP-1 and CPEP-2 should not be revoked.
With respect to the Order issued on August 18, 1989, licensee on August 31, 1989, and again on or about September 6,1989, requested a hearing which was referred to this Atomic Safety and Licensing Board (LicensingBoard). Since September 6, 1989, licensee has, however, failed
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r to take any action before the Licensing Board to prosecute its request for a hearing.
I On January 17, 1990, the Chairman of this Licensing Board addressed a joint letter to counsel for licensee and counsel for the Staff requesting
"...information on how [they) expected to move the captioned proceeding on the hearng calendar in this new year." By letter dated January 26, 1990, Staff counsel advised the Licensing Board that counsel for the parties had conferred by telephone; and, that it was licensee's desire to have this matter held in abeyance indefinitely. Staff counsel does not agree to this approach. M II. MOTION Based on the foregoing circumstances, the Staff, pursuant to 10 C.F.R. 5 2.730 moves the Licensing Board to issue an Order setting the following schedule for the further conduct of this proceeding.
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Staff Counsel also stated in the January 26, 1990, letter that the Staff has under serious consideration issuance of a second order to licensee which would revoke Construction Permit Nos. CPEP-1 and CPEP-2. This option is still under consideration.
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l Time Sequence After Issuance of Scheduling Order El Event 3I 5 Days Commence Discovery 35 Days Complete Discovery 50 Days File Motion (s) for Summary 1
Disposition
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65 Days ResponsetoMotion(s)for Sunnary Disposition 85 Days Board Ruling on Summary Disposition 100 Days Written Direct Testimony
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Filed 110 Days Motions to Strike Testimony i
Filed 120 Days Responses to Motions to Strike Testimony Filed 140 Days Evidentiary Hearing Commences $/
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If any date under this time sequence falls on a Saturday, Sunday or federal holiday, the controlling date would be the next federal work day.
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At the present time, the staff contemplates utilizing written interrogatories and requests for production documents, depositions and requests for admissions of facts.
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The Board could rule verbally on any motions to strike testimony at the commencement of the evidentiary hearing.
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l The Staff takes this opportunity to advise licensee that in the event l
licensee does not respond to this motion, or if it fails to comply with any aspect of a Licensing Board scheduling Order, the Staff will pursuant to relevant provisions of 10 C.F.R., Part 2, move for the entry of.an order by this Board dismissing this proceeding, inter alia, for failure to respond to this motion or to comply with any aspect of a Licensing Board t
scheduling Order.
III. CONCLUSION For the reasons set out above, the Staff moves for the entry of a scheduling order to control the further conduct of this proceeding.
c-Respectfully submitted, Y
W Bernard M. Bordenick Counsel for NRC Staff 1-Dated at Rockville, Maryland l
this 16 day of February,1990 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'90 FEB 20 P3 :46 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD?NCE OF SECREIARY uGCKE !!NG.5 S[ Hylc[
BRANCH In the Matter of Docket Nos. 50-603 and 50-604 ALL CHEMICAL ISOTOPE ENRICHMENT, INC.
ASLBP No. 89-596-01-0M/SC (A1ChemIE Facility-1 CPDF) and (AlchemIE Facility-2 Oliver Springs)
CERTIFICATE OF SERVICE I hereby certify that copies of " NOTICE OF APPEARANCE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterick through deposit in the Nuclear Regulatory Comission's internal mail system, t11s 16th day of February,1990:
Morton B. Margulies, Chairman
- Stephen A. Irving, Esq.
Administrative. Judge Attorney for All Chemical Atomic Safety and Licensing Board Isotope Enrichment Inc.
U.S. Nuclear Regulatory Comission 702 S. Illinois Avenue, Washington, D.C.
20555 Suite 202-B Oak Ridge, TN 37830 37 Atomic Safety and Licensing Appeal AtomicSafety(1)*and Licensing BoardPanel(5)*
Board Panel U.S. Nuclear Regu'latory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C.
20555 Frederick J. Shon*
Adjudicatory File
- Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington ~, D.C.
20555 l
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Copy also sent to Mr. Irving at:
AlchemIE West Rout 7 - Dixon Road Lenoir City, TN 37771 1
Q h Dr. Oscar H. Paris
- Docketing and Service Section*
Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555 Office of the Secretary
- j Richard J. Goddard, Esq.
U.S. Nuclear Regulatory Comission Regional Counsel Washington, D.C.
20555
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U.S. Nuclear Regulatory Comission 101 Marietta Street, Suite 2900 f Atlanta, GA 30323 l
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Bernard M. Border >ick Counsel for NRC Staff i
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