More info from the Nuclear people and Isaac:
to Isaac, Emile, Katie, Everett, Congresswoman, Cindy, Hearing, Kent, OGCMailCenter, OCAAMAIL, Jim, Angela, me, Cory, Catherine, Brett, Barbara
show details Jul 9 (1 day ago)
Dear Mr. Harp,
In response to your questions:
(1) No. Under the rules of 10 C.F.R. § 2.341(e), neither the filing nor the granting of a petition for review (i.e., an appeal such as yours) stays the effect of the decision or action of the presiding officer, unless the Commission orders otherwise. Therefore, the NRC staff will continue to review the Army’s application to possess depleted uranium at two sites in Hawaii—Schofield Barracks on Oahu and Pohakuloa Training Area on the Big Island of Hawaii—and make its decisions to grant or deny the license according to its normal procedures.
(2) No response necessary because the answer to question number one is no.
(3) Although no response is necessary to this because the answer to question number one is no, the Army is required to submit separate license applications for the facilities it has identified as falling into the category of facilities possessing licensable quantities of DU: Fort Benning, Georgia; Fort Carson, Colorado; Fort Campbell, Kentucky; Fort Hood, Texas; Fort Lewis, Washington; Fort Knox, Kentucky; and Fort Riley, Kansas.
I hope this has answered your questions,
Counsel for NRC Staff
Office of the General Counsel
Mail Stop O15-D21
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555
From: Isaac Harp [mailto:email@example.com]
Sent: Thursday, July 08, 2010 2:16 AM
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To: Julian, Emile; Tucker, Katie
Cc: Everett Ohta; Congresswoman Hirono; Representative, Cindy Evans; Docket, Hearing; Sexton, Kimberly; Kent Herring, LTC, JA; OGCMailCenter Resource; OCAAMAIL Resource; Jim Albertini; Angela Rosa; Amelia Gora; Cory Harden; Scott, Catherine; Klukan, Brett; Barbara Moore
Subject: Re: LB Memorandum and Order (Denying Requests for Hearing) (LBP-10-04) US Army Installation Command
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Mahalo (Thank you) for trying to clarify the situation. I have a couple of other questions that you might be able to assist me with.
1) Am I correct in assuming that while my appeal remains under review by the Nuclear Regulatory Commission that the Army will not receive a Depleted Uranium Possession License for the Hawaii sites?
2) If the response to question number 1 above is YES, does this apply to all locations listed under the Army's application for an NRC Possession Only License, or does this apply to the Hawaii locations only?
3) If the response to question number 2 above is that it applies to Hawaii locations only, will the Army be required to submit a new application to the NRC for a Depleted Uranium Possession Only License for the non-Hawaii locations listed on their current application?
Mahalo Nui Loa! (Thank You Very Much!)
P.O. Box 437347
Kamuela, HI 96743
Phone (808) 345-6085