Nuclear regulatory commission issuances. Volume 40, Number 1

This report includes issuances concerning the following items. The Commission denies General Atomics' motion seeking to stay discovery in this proceeding until (1) the Commission determines whether it will grant General Atomics' Petition for Review of LBP-94-17 and/or Motion for Directed Certification; and (2) assuming that the commission grants the Petition/Motion, the Commission determines with finality the jurisdictional issues raised in General Atomics' previously filed Motion for Summary Disposition or for an Order of Dismissal. In this proceeding concerning an NRC Staff enforcement order issues in accordance with 10 C.F.R. section 2.202, the Licensing Board concludes that a Native American tribe wishing to participate in the proceeding to support the Staff's enforcement order has established its standing and presented two litigable contentions. This informal adjudicatory proceeding, convened under 10 C.F.R. Part 2, Subpart L, involves an application by the Chemetron Corporation (Licensee) for a license amendment. The proposed amendment concerns the decommissioning of the Licensee's Bert Avenue site in Newburgh Heights, Ohio, and its Harvard Avenue site and associated buildings at the McGean-Rohco property in Cuyahoga Heights, Ohio. In this license suspension and modification enforcement proceeding, the Licensing Board rules on prediscovery dispositive motions regarding ten issues specified by the parties for litigation. The Licensing Board determines that an Intervenor may move to admit into the proceeding a new basis for an already admitted contention. When it does so, the requirements for a late-filed contention are not applicable, but the Intervenor must show that it is timely to consider the new basis, in light of its seriousness and the timelines with which it has been raised. The Licensing Board also permitted Intervenor to file a reply to Applicant's response to his motion to add a new basis to his contention