ML031700586

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Request for Predecision Enforcement Conference EA-02-256
ML031700586
Person / Time
Site: University of Missouri-Columbia
Issue date: 06/16/2003
From: Poindexter T
Univ of Missouri, Winston & Strawn
To: Alexander Adams
Division of Regulatory Improvement Programs
References
EA-02-256
Download: ML031700586 (2)


Text

WINSTON & STRAVN 35 WEST WACKER DRIVE 1400 L STREET, N.W.

200 PARK AVENUE CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20005-3502 NEW YORK, NEW YORK 10166-4193 43 RUE DU RHONE 1204 GENEVA. SWITZERLAND (202) 371-5700 21 AVENUE VICTOR HUGO

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PARIS. FRANCE 38TH FLOOR FACSIMILE (202) 371-6950 333 SOUTH GRAND AVENUE LOS ANGELES, CALIFORNIA 90071-1543 www.winston.com THOMAS C. POINDEXTER (202) 371-5748 June 16, 2003 tpoindexter@winston.com Alexander Adams Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Re:

Request for Predecisional Enforcement Conference Re EA-02-256

Dear Mr. Adams:

As counsel for the University of Missouri ("MU") and the University of Missouri Research Reactor ("MURR"), this letter is provided on behalf of MURRIMU to request a predecisional enforcement conference ("PEC") regarding NRC enforcement action EA-02-256 (June 4, 2003). That action alleges an apparent violation of NRC regulation 10 C.F.R. § 50.7.

Please be advised, however, that while MURR/MU has accepted your offer of a PEC, we do not believe it is reasonable to have the conference until certain key documents, referenced by the NRC in its June 4, 2003, letter have been reviewed in detail. Furthermore, the conference will not be possible until after certain MURR personnel and MU senior officials have had an opportunity to review their respective Office of Investigations ("OI") transcripts.

As such, MURR/MU is not prepared at this time to propose a date for the requested enforcement conference. We estimate that the conference could be held approximately 45 days after receipt of all of the documents requested in two Freedom of Information Act requests, dated June 11 and 16, 2003, respectively, and MURR/MU personnel's review of transcripts of interviews generated in connection with related 01 Report 4-2001-054.

This letter has been concurred with by MURR/MU and as such represents its position on this matter. Also, the essence of this letter has been provided to the MURR NRC

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WINSTON & STRAWN Alexander Adams June 16, 2003 Page 2 Project Manager, Alexander Adams.

We look forward to completing the above-described actions and thereafter conducting the requested PEC in an expeditious manner. Please contact me at your convenience if I can provide any further information on this matter.

Sincerely, 6f Thomas C. Poindexter Counsel for the University of Missouri cc:

Dr. E. Floyd (University of Missouri) 312072.1