DOCKETED UNITED STATES OF AMERICA USMRC NUCLEAR REGULATORY COMMISSION June 25,2004 (1:53PM) ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY Before Administrative Judges: RULEMAKINGS AND AD J UDlCATlONS STAFF G. Paul Bollwerk, Ill, Chairman Dr. Paul B. Abramson SERVED June 25,2004 Dr. Charles N. Kelber In the Matter of Docket No. 70-3103-ML LOUISIANA ENERGY SERVICES, L.P. ASLBP NO. 04-826-01-ML (National Enrichment Facility) I June 25,2004 MEMORANDUM AND ORDER (Material for the Record) During the June 15, 2004 prehearing conference in this proceeding, petitioner New Mexico Environment Department (NMED) asked that a statement by Environment Secretary Ron Curry be placed in the record of this proceeding. See Tr. at 128. Additionally, petitioners Nuclear Information and Resource Service and Public Citizen (NIRS/PC) provided the Licensing Board and the other participants with copies of several items that they indicated were cited in their reply pleading. See Tr. at 218. Copies of Secretary Curry’s statement (Attachment 1) and the NIRS/PC documents (Attachments 2-6) are attached to this memorandum and order, which should be incorporated into this proceeding. Because the attached materials were provided to the Board and the participants at the prehearing conference, the Office of the Secretary need not serve the attached items upon the participants or the Board. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, Ill ADMINISTRATIVE JUDGE Rockville, Maryland June 25,2004 * Copies of this memorandum and order, without the accompanying attachments, were sent this date by Internet e-mail transmission to counsel for (1) applicant Louisiana Energy Services, Inc.; (2) petitioners NMED, the Attorney General of New Mexico, and NIRS/PC; and (3) the NRC staff. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) LOUISIANA ENERGY SERVICES, L.P. ) Docket No. 70-3103-ML ) ) (National Enrichment Facility) CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (MATERIAL FOR THE RECORD) have been served upon the following persons by deposit in the US. mail, first class, or through NRC internal distribution. Office of Commission Appellate Administrative Judge Adjudication G. Paul Bollwerk, Ill, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Charles N. Kelber Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S.Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-000 1 Washington, DC 20555-0001 Lisa B. Clark, Esq. Claybourne F. Clarke, Esq. Angela B. Coggins, Esq. Assistant General Counsel Office of the General Counsel Tannis L. Fox, Esq. Mail Stop - 0-15 D21 Deputy General Counsel U.S.Nuclear Regulatory Commission Office of General Counsel Washington, DC 20555-0001 New Mexico Environment Department 1190 St. Francis Drive Santa Fe, NM 87502-6110 2 Docket No. 70-3103-ML LB MEMORANDUM AND ORDER (MATERIAL FOR THE RECORD) James R. Curtiss, Esq. David M. Pato, Esq. David A. Repka, Esq. Stephen R. Farris, Esq. Martin J. O’Neill, Esq. Christopher D. Coppin, Esq. Winston & Strawn LLP Assistant Attorneys General 1400 L Street Glenn R. Smith, Esq. Washington, DC 20005-3502 Deputy Attorney General Office of the New Mexico Attorney General P.O. Box Drawer 1508 Santa Fe, NM 87504-1508 Lindsay A. Lovejoy, Jr. Lisa A. Campagna, Esq. 618 Paseo de Peralta, Unit B Assistant General Counsel Santa Fe, NM 87501 Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 John W. Lawrence, Esq. Louisiana Energy Services, L.P. 2600 Virginia Ave., NW, Suite 610 Washington, DC 20037 Office of the Secretary of the Cornhission Dated at Rockville, Maryland, this 25ith day of June 2004 ATTACHMENT 1 State of New Mexico EMRONMENT DEPARTMENT Office of the Secretary Harold Runnels Building 1190 St. Francis Drive, P.O. Box 26110 Santa Fe, New Mexico 87502-6110 Telephone (505) 82 7-2855 RON CURRY SECRETARY BILL RICHARDSON F~x(505) 827-2836 GO VERWOR DERRITH WATCHMAN-MOORE DEPUTY SECRETARY June 14,2004 Contact: Jon Goldstein NMED Communications Dir. Immediate Release Phone: (505) 827-03 14 Environment Secretary Ron Curry Statement to the Atomic Safety and Licensing Board (Sarita Fe, NM) -“I am pleased to be here and speak to you today on behalf of Governor Bill Richardson. Governor Richardson recogmzes the potential economic and other benefits of LES’s proposed uranium enrichent facility. And, both Governor Richardson and I appreciate the level of cooperation LES management has shown the State thus far. That said, the State of New Mexico intends to ensure that the LES facility is operated safely, and protects the citizens of New Mexico and our environment. As our filings with the Atomic Safety and Licensing Board have stated, we believe a more complete plan for the disposal of the depleted uranium that will be generated by the facility is needed. Clarity on this point is essential. We do not want New Mexico to be put in the same position as other states that have accumulated large inventories of depleted uranium over a long period of time without a clear disposal pathway. We want to ensure that the health and safety of this community and its environment remains protected. In our view, ths means that depleted uranium waste should be moved off-site and disposed of outside of New Mexico as quickly as possible. It is for this reason that the New Mexico Environment Deparfment, on behalf of the Governor, has petitioned to intervene in this matter. We intend to work with LES both inside and outside of fhis proceeding to establish a clearer schedule for storage and a firmer disposal pathway for ths depleted uranium waste. As the state in which LES proposes to locate, New Mexico has a unique and vital interest in participating in this proceeding. We believe, therefore, that the Board should allow NMED’s intervention in order to ensure that the interests of the State of New Mexico are fully protected in this proceeding. Thank YOU.” For further information contact Jon Goldstein, Communications Director, WEDat (505) 827-03 14. ### ATTACHMENT 2 A.Q. Khan, Urenco and the proliferation of nuclear weapons technology: - The symbiotic relation between nuclear energy and nuclear weapons A report written by Joop Boer, Henk van der Keur, Karel Koster and Frank Slijper Commissioned by -m International May 2004 1 ABOUT TBE AUTHORS Joop Boer (1945) is Chair of V.I.C. (Peace Information Centre) at Gronhgen. After studying biology and the environment he campaigned on nuclear energy and nuclear weapons proliferation issues for 25 years. He is the author of books on Dutch energy policy, nuclear waste issues and proliferation of upmiurn enrichment. From 1994 to 2001 he worked at WISE Amsterdam, an international anti-nuclear organisation, on nuclear energy issues. From 2001 he has run a small consultancy promoting solar energy as well as installing solar energy cells. Ing. He& van der Keur (1963) is a chemical engineer and a researcher on nuclear energy issues. He works at the Dutch Documentatie en Onderzoekscentrum Kernenergie (Documentation and Research Centre on Nucelar Energy), Laka Foundation. Since the early 1990s he has focused his work on the industrial use of depleted uranium. He has written numerous articles and papers on this waste product from the uranium enrichment industry. He is co-founder and staff member of the International Coalition to Ban Uranium Weapons (ICBUW). Drs. Karel Koster (M.A) (1951) is a sociologist, specialising in the relationship between war, diplomacy and political change. He runs the Netherlands section of the Project on European Non- Nuclear Proliferation (PENN-N1) in Utrecht; is a member of the executive of the Middle Powers Initiative (MPI) and European co-ordinator of the Parliamentarians Network on Nuclear Disarmament (PNND). He has specialised in nuclear weapons issues since 1996, with emphasis on political advocacy and co-ordination of anti-nuclear campaigning, nationally and internationally. He is the co-author of books and papers on NATO, Dutch security policy, the post Cold War order, the Gulf War and Turkey and developments in NATO nuclear weapons policy. He has also published various opinion pieces on nuclear arms issues in Dutch newspapers and periodicals. Dss. Frank Sli]per (M.A.) (1970) works at the Dutch Campagne tegen Wapenhandel (Campaign against Arms Trade) and has been a researcher and campaigner on arms trade issues for the last ten years. He graduated in 1993 as economist (international economic relations) on Dutch military procurement and the offset policies implemented to enhance the defence industry. He has written and published extensively on Dutch arms exports and policy ever since. For many years one of the focal points of his work has been the arms trade to India and Pakistan. Most recently he co-authored "Explosieve materie -Nederlmdse wapenhandel blootgelegd" [Explosive material - Dutch arms trade revealed"], a unique handbook based on 16,000 pages of previously secret information, released through the Dutch Freedom of Information Act. 2 PREFACE Greenpeace International has commissioned this report to provide some insight into how one particular country, Pakistan, procured the technology to start its nuclear programme. Through the history of the Khan network and its links to Urenco, the report highlights how easily civil nuclear technology can be acquired then put to military use. The report also shows how easily the international and domestic export controls system for civil nuclear technology can be circumvented to obtain the materials necessary to manufacture nuclear weapons.