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--- Begin Message --- -Caveat Lector-LES wants certain questions banned from talks on uranium plant
SANTA FE, N.M. (AP) — A company that wants to build a plant in southeastern New Mexico to make fuel for nuclear reactors has asked federal regulators not to let the state and two public interest groups raise certain types of questions about the facility. Louisiana Energy Services filed papers this week with the Nuclear Regulatory Commission urging it not to let the New Mexico attorney general, state Environment Department and two Washington, D.C.-based groups Nuclear Information and Resource Service and Public Citizen raise some contentions about waste and other issues.
LES is not contesting the standing of the state or the groups to be interveners in the NRC licensing process, but opposes admitting specific contentions.
The company says the contentions raise matters that already have been resolved or don't meet NRC standards. The NRC staff also opposed including attorney general's contentions.
"We have no objection for this being as thoroughly reviewed as possible, but we want to keep it on focus so there are not undue delays, unnecessary delays, because that kills the project," Marshall Cohen, LES vice president for communications and government relations, said Wednesday.
Deputy Attorney General Glenn Smith said the basis for intervening is a finding that the contentions raised are admissible.
"If the board does not find that the office of the attorney general has submitted any admissible contentions then it will deny our petition (to intervene)," Smith said.
However, he said the attorney general's office expects the licensing board will allow the attorney general to intervene.
The state has until May 10 to respond to the LES and the NRC staff.
LES has proposed a $1.2 billion enrichment plant near Eunice. The company, then under different management, was blocked from building the plant in both Louisiana and Tennessee, largely over the issue of where waste would go.
Uranium processing generates a type of waste that cannot be dumped anywhere in the United States. Such waste requires processing to convert it before it can be shipped to a low-level nuclear waste dump, but no U.S. facility can do that.
Cohen said LES disagrees that most of the concerns raised by those wanting to intervene meet NRC requirements to deal with public health or safety.
The company supported three of the five contentions raised by the Environment Department and one from the attorney general that matched an Environment Department question, he said.
The others don't deal with public health, safety or the environment, "and that's what the process is supposed to be about," he said.
"She (Madrid) raised the issue of foreign ownership; that's not something that has to do with public health or safety," he said. "She raised the issue of the need for the facility; that again is not an issue that deals with public health and safety."
Smith said the contentions fall under the broad categories of waste disposal and financial assurances for the site's eventual cleanup. The ownership, for example, deals with whether there would be enough money to take care of cleanup if the facility had to be decommissioned "under unforeseen circumstances," Smith said.
"We believe those are valid contentions to raise, that they are admissible contentions and should be addressed," he said.
State Environment Department Secretary Ron Curry said Tuesday his department will argue that it deserves to press all its issues.
"We hope the NRC leadership will strongly weigh and include a thorough analysis of all our contentions in the NRC licensing proceedings," he said.
The department has no position for or against the facility, Curry said.
"All we are seeking at this point is the greatest amount of transparency possible from LES and the greatest amount of clarity possible for the people of New Mexico," he said.
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