Commission Orders for 2004

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File Licensee Docket Date/
Number
Description
CLI-04-39 Hydro Resources, Inc. 12/14/2004
40-8968-ML
 
CLI-04-38 State of Alaska Department of Transportation and Public Facilities 12/14/2004
030-07710-CO
 
CLI-04-37 Duke Energy Corporation 12/08/2004
50-413-OLA, 50-414-OLA
 
CLI-04-36 Dominion Nuclear Connecticut, Inc. 12/08/2004
50-336-LR & 50-423-LR
 
CLI-04-35 Louisiana Energy Services, L.P. 12/08/2004
70-3103-ML
 
CLI-04-34 Rene Chun 12/08/2004
1-2003-037
 
CLI-04-33 Hydro Resources, Inc. 12/08/2004
40-8968-ML
 
CLI-04-32 Department of Energy 11/10/2004
PAPO-00
Commission Memorandum and Order holding the appeal of the Department of Energy in abeyance.
CLI-04-31 Exelon Generation Company, LLC 11/10/2004
52-007-ESP
Commission Memorandum and Order denying the interlocutory appeal of the intervenors.
CLI-04-30 USEC, Inc. 10/07/2004
70-7004
Notice of Receipt of Application For License; Notice of Availability of Applicant's Environmental Report; Notice of Consideration of Issuance of License; and Notice of Hearing and Commission Order. By this Order the Commission establishes procedural requirements for the conduct of a hearing on the license application submitted by USEC, Inc. (USEC). The intent of USEC, if issued a license, would be to possess and use byproduct and special nuclear material and to enrich natural uranium. The facility for processing and enrichment will be known as the American Centrifuge Plant and will be located in Piketon, Ohio.
CLI-04-29 Catawba 10/07/2004
50-413/
414-OLA
Commission Memorandum and Order reversing the ruling of the Atomic Safety and Licensing Board in this proceeding that allowed intervenor Blue Ridge Environmental Defense League access to classified information on a need-to-know basis as part of the discovery process. The Commission also clarified the need-to-know standard for discovery.
CLI-04-28 Yankee Nuclear Power Station 10/07/2004
50-29
Commission Memorandum and Order denying the Motion of the Citizens Awareness Network to dismiss this license termination plan proceeding as improperly noticed.
CLI-04-27 Private Fuel Storage L.L.C. 10/07/2004
72-22-ISFSI
Redacted version.
CLI-04-26 State of Alaska Department of Transportation and Public Facilities 10/07/2004
30-07710-CO
Commission Memorandum and Order reversing the majority decision of the Atomic Safety and Licensing Board in this proceeding to grant intervention to the petitioner. The Commission also terminated the proceeding.
CLI-04-25 Louisiana Energy Services, L.P. 08/18/2004
70-3103-ML
Commission Memorandum and Order affirming the decision of the Atomic Safety and Licensing Board for this proceeding with respect to five contentions offered by the intervenors. The Commission requested further briefing on Basis D on waste classification, part of a contention submitted by intervenors Nuclear Information and Resource Service and Public Citizen.
CLI-04-24 Tennessee Valley Authority 08/18/2004
50-390-CivP;
50-327-CivP;
50-328-CivP;
50-259-CivP;
50-260-CivP;
50-296-CivP
Commission Memorandum and Order addressing LBP-03-10, the decision of the Atomic Safety and Licensing Board for this proceeding that upheld an enforcement decision of the NRC staff with respect to measures taken by the Tennessee Valley Authority against an employee for engaging in protected activity. The Commission affirmed the Board's decision in part, reversed it in part and remanded the case for further proceedings consistent with its ruling.
CLI-04-23 Davis-Besse 08/17/2004
50-346-CO
Commission Memorandum and Order affirming LBP-04-11, the decision of the Atomic Safety and Licensing Board for this proceeding which denied the petition to intervene submitted therein by the Nuclear Information and Resource Service and an individual petitioner. The Commission terminated the proceeding.
CLI-04-22 Private Fuel Storage 08/17/2004
72-22-ISFSI
Commission Memorandum and Order affirming the ruling of the Atomic Safety and Licensing Board for this proceeding that rejected Utah contentions U, which addressed the opening of storage canisters, and CC and SS which challenged the cost-benefit analysis performed on the Private Fuel Storage project.
CLI-04-21 Duke Energy Corporation 07/29/004
50-413-OLA 50-414-OLA
Commission Memorandum and Order holding that the Atomic Safety and Licensing Board for this proceeding did not abuse its discretion by ruling that intervenor, Blue Ridge Environmental Defense League presented sufficient information to qualify a witness as an expert in the area of nuclear security. The Commission directed the NRC Staff to complete outstanding need-to-know determinations in this proceeding. The Commission also terminated a housekeeping stay.
CLI-04-20 Department of Energy 07/07/2004
PAPO-00
Commission Order designating the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel as Pre-License Application Presiding Officer (PAPO), pursuant to 10 C.F.R. ยง2.1010. The order allows further delegation of PAPO authority by the Chief Administrative Judge.
CLI-04-19 Duke Energy Corporation 07/07/2004
50-413-OLA
50-414-OLA
Commission Memorandum and Order finding that Security Contention 1 submitted for consideration by the Blue Ridge Environmental Defense League (BREDL) was inadmissible in the proceeding. The Commission also declined to revisit its decision in CLI-04-06.
CLI-04-18 Pacific Gas and Electric Company 07/07/2004
50-275-LT
50-323-LT
Commission Memorandum and Order expressing the intention of the Commission to let stand its decision in CLI-03-02, which terminated this proceeding.
CLI-04-17 Department of Energy 06/15/2004
11005440
Commission Memorandum and Order denying the petition for intervention submitted by petitioners Greenpeace International, Charleston Peace, and the Blue Ridge Environmental Defense League with respect to an export license application submitted by the Department of Energy (DOE). The license requested by DOE would allow export of plutonium oxide to France for the fabrication of mixed oxide fuel lead test assemblies for use in a U.S. commercial nuclear Reactor
CLI-04-16 Private Fuel Storage L.L.C. 06/09/2004
72-22-ISFSI
Commission Memorandum and Order accepting for review issues concerning the withholding of proprietary information. The Order further provides a schedule for the filing of supplemental briefs.
CLI-04-15 Louisiana Energy Services, L.P. 05/20/2004
70-3103-ML
Commission Order granting standing in this proceeding to petitioners Nuclear Information and Resource Service and Public Citizen. The Order referred the hearing request of these organizations to the Atomic Safety and Licensing Board Panel for further adjudicatory proceedings.
CLI-04-14 Hydro Resources, Inc. 05/20/2004
40-8968-ML
Commission Memorandum and Order granting the petitions for review of LBP-04-03, filed by Hydro Resources, Inc. and petitioners Eastern Navajo Dine and Southwest Research and Information Center. The Order also established a briefing schedule for the appeal.
CLI-04-13 Nuclear Fuel Services, Inc. 05/20/2004
70-143-MLA/
MLA-2/MLA-3
Commission Memorandum and Order affirming LBP-04-05, the decision of the Presiding Officer in this proceeding which included a denial of the hearing requests of petitioner Kathy Helms-Hughes.
CLI-04-12 Dominion Nuclear Connecticut, Inc. 05/04/2004
50-336 and
50-423
Commission Memorandum and Order denying the Motion of the Connecticut Coalition Against Millstone (CCAM) to vacate a letter of Secretary of the Commission by which the Secretary returned the intervention petition of CCAM to that organization as premature.
CLI-04-11 Duke Energy Corporation 04/21/2004
50-413/
414-OLA
Commission Memorandum and Order dismissing the appeal of the licensee from LBP-04-04, a decision of the Atomic Safety and Licensing Board for the proceeding that granted the hearing request of the Blue Ridge Environmental Defense League (BREDL). The Commission dismissed the licensee's appeal, without prejudice, as premature. Additionally, the Commission accepted the ASLB certification of the issue of admissibility of a BREDL security contention, and established a briefing schedule.
CLI-04-10 Private Fuel Storage L.L.C. 03/24/2004
72-22-ISFSI
Redacted version.
CLI-04-09 Private Fuel Storage L.L.C. 03/24/2004
72-22-ISFSI
Commission Memorandum and Order denying the motion of intervenor Ohngo Gaudadeh Devia to reopen the record on Contention O concerning environmental justice.
CLI-04-08 Dominion Nuclear North
Anna, LLC
Exelon Generation Company,
LLC
System Energy Resources,
Inc.
03/02/2004
52-007
52-008
52-009
Commission Memorandum and Order authorizing the use of new 10 CFR Part 2 rules of procedure that became effective on February 13, 2004, in three early site permit application proceedings.
CLI-04-07 Private Fuel Storage L.L.C. 03/02/2004
72-22-ISFSI
Commission Memorandum and Order affirming the decision of the Atomic Safety and Licensing Board for this proceeding issued on January 30, 2004. That decision dismissed the Petition of William D. Peterson to license the Pigeon Spur Interim Spent Fuel Storage Facility.
CLI-04-06 Duke Energy Corporation 02/18/2004
50-413-OLA
50-414-OLA
Commission Memorandum and Order granting the NRC staff's petition for interlocutory review and reversing a decision of the Atomic Safety and Licensing Board (ASLB) for this proceeding that allowed access by petitioner Blue Ridge Environmental Defense League (BREDL) to safeguards information. The Commission further exercised its supervisory authority and overturned another order of the ASLB that gave BREDL representatives a right to attend a safeguards-related meeting between the NRC staff and the licensee. The Commission also established a filing schedule for the filing of security related contentions by BREDL.
CLI-04-05 Maine Yankee Atomic Power Company 02/18/2004
50-309-OM
72-30-OM
Commission Memorandum and Order affirming the decision of the Atomic Safety and Licensing Board for this proceeding in LBP-03-23, which denied the petition of the State of Maine and terminated the proceeding.
CLI-04-04 Private Fuel Storage L.L.C. 02/05/2004
72-22-ISFSI
Commission Memorandum and Order that considered the petitions for review of the State of Utah and the Ohngo Gaudadeh Devia, filed in response to CLI-03-16, an earlier Commission Order that allowed such petitions for review to be filed. After considering the issues raised, the Commission required further briefing on Contentions Utah U, basis 2, Utah CC and Utah SS. The Commission denied all remaining issues raised in the petitions of the two parties.
CLI-04-03 Louisiana Energy Services, L.P. 01/30/2004
70-3103
Notice of Receipt of Application For License; Notice of Availability of Applicant's Environmental Report; Notice of Consideration of Issuance of License; and Notice of Hearing and Commission Order. By this Order the Commission establishes procedural requirements for the conduct of a hearing on the license application submitted by Louisiana Energy Services, L.P. for the construction of an uranium enrichment facility in Eunice, New Mexico. The facility will be known as the National Enrichment Facility.
CLI-04-02 Sequoyah Fuels Corporation 01/14/2004
40-8027-MLA-7
40-8027-MLA-8
Commission Memorandum and Order affirming the decision of the Presiding Officer in LBP-03-24 which denied the intervention petition of the Cherokee Nation.
CLI-04-01 Sequoyah Fuels Corporation 01/08/2004
40-8027-MLA-5
Commission Memorandum and Order affirming LBP-03-25, the decision of the Presiding Officer in this proceeding that denied the hearing request of the State of Oklahoma and terminated the proceeding.