ML14248A375
| ML14248A375 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 09/05/2014 |
| From: | Hawkens E R 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 AEROTEST OPERATIONS, INC.
(Aerotest Radiography and Research Reactor)
Docket No. 50-228-LT
ASLBP No. 14-931-01-LT-BD01
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 Board's 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(Denying Aerotest Operations, Inc. and Nuclear Labyrinth, LLC's Motion to File Additional Exhibits (Aug. 11, 2014) (unpublished).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 Staff's motion to strike portions of the Companies' post-hearing statement of position. However, the Staff's motion is included in the record of this proceeding, thereby giving the Commission the benefit of the Staff's response to the Companies' arguments. It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
________________________________
E. Roy Hawkens PRESIDING OFFICER
Rockville, Maryland September 5, 2014
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
AEROTEST OPERATIONS, INC. ) Docket No. 50-228-LT
) ) ) ) (Aerotest Radiography Research Reactor) ) )
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 Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Washington, DC 20555-0001 E. Roy Hawkens E-mail:
Roy.Hawkens@nrc.gov Kathleen Schroeder, Law Clerk
E-mail: Kathleen.Schroeder@nrc.gov
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington, DC 20037-1122 Kimberly Harshaw, Esq.
Jay Silberg, Esq.
Maria Webb E-mail: Kimberly.Harshaw@pillsburylaw.com Jay.Silberg@pillsburylaw.com
Maria.Webb@pillsburylaw.com
Aerotest Operations, Inc., Docket No. 50-228-LT ORDER (Denying NRC Staff Motion to Strike) 2
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