Nuclear Information and Resource Service

1424 16th Street NW, #404, Washington, DC 20036

202.328.0002; f: 202.462.2183; nirsnet@nirs.org; www.nirs.org

 

 

September 11, 2002

 

Martin J. Virgilio

Director

Office of Nuclear Material Safety and Safeguards

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

 

Re: Docket# 70-7003, Policy Issues Associated with the Licensing of a Uranium Enrichment Facility

 

Dear Mr. Virgilio:

 

The Nuclear Information and Resource Service (NIRS) formally requests the opportunity to comment on the “policy issues” described in a May 28, 2002 memo (docket 70-3103, from Timothy Johnson of FCSS to Melvyn Leach, FCSS) and subsequent letters from Mr. Leach (June 6, 2002) and yourself (June 25, 2002) to the U.S. Enrichment Corporation and Department of Energy, respectively, requesting their comment on these issues.

 

These “policy issues” are a transparent effort by Louisiana Energy Services (LES) to resolve in their favor serious issues that should only be considered in Atomic Safety and Licensing Board (ASLB) adjudicatory hearings. We note that these happen to be the exact issues raised successfully by intervenors in the last proceeding involving LES, when they attempted, unsuccessfully, to build a uranium enrichment plant near Homer, Louisiana. Having lost last time, LES is attempting to circumvent the established adjudicatory process. In our view, accepting LES’ requests would violate NRC regulations, and may be actionable in federal court.

 

I apologize for the amount of time that has elapsed since these memos were sent and this letter. I was on a lengthy sabbatical and only now have had the chance to review them. However, I note that nobody at the NRC bothered to inform NIRS of these memos, nor to request NIRS comments on LES’ requests. Apparently only DOE and USEC have been asked to comment—a rather small circle of interested parties. I note that I (as executive director of NIRS) was on the service list for all correspondence involving Louisiana Energy Services and its previous effort to build a uranium enrichment plant in the U.S. It would seem that at least someone at NRC might have considered that those on the LES service list might be interested in current correspondence and issues regarding this company.

Moreover, these “policy issues” may be of general interest to members of the public—they certainly would be of major interest to people in the area of Hartsville, Tennessee, where LES announced September 9 it wants to try again. Therefore, on behalf of our members in that area, we additionally request a 90-day public comment period on these “policy issues” with full notice and comment published in the Federal Register.

 

We request that the NRC not produce any initial order or other document related to these “policy issues” or other such requests from LES until all public comment periods are completed.

 

Finally, I request to be placed on the service list for all correspondence and other materials related to Louisiana Energy Services, Docket Numbers 70-7003 and 70-3103, and any generic materials related to uranium enrichment plants, and request that I be provided immediately with all such materials dated after June 25, 2002.

 

We look forward to your response and we are prepared to provide our written comments in a timely fashion.

 

Sincerely,

 

 

 

 

Michael Mariotte

Executive Director

 

Cc: Melvyn N. Leach, Division of Fuel Cycle Safety and Safeguards

       Hon. Richard Meserve, Chairman

       Hon. Greta Dicus, Commissioner

       Hon. Nils Diaz, Commissioner

       Hon. Edward McGaffigan, Jr., Commissioner

       Hon. Jeffrey Merrifield, Commissioner