Judge grants STV's request for JPG hearing

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The following article can be viewed online at:
http://www.madisoncourier.com/main.asp?SectionID=4&SubSectionID=253&ArticleID=15990

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Indiana
MADISON COURIER DAILY NEWS
Judge grants STV's request for JPG hearing
By Peggy Vlerebome
Thursday, January 08, 2004

An administrative judge at the Nuclear Regulatory Commission has granted
Save the Valley's request for a hearing on the U.S. Army's plan for the
former Jefferson Proving Ground.

The Army's plan will deal with what it will do with munitions containing
depleted uranium that were tested for a decade at JPG and remain there.
Depleted uranium is radioactive and the area where they lie is
surrounded by a security fence.

Save the Valley had previously been granted a hearing when the Army was
seeking to decommission its NRC license to possess and test depleted
uranium at the proving ground.

After the Army changed its tack and began pursing a possession-only
license amendment, Save the Valley filed a new hearing request.

The administrative judge, Alan S. Rosenthal, also agreed with Save the
Valley that the proceedings should be delayed until the Nuclear
Regulatory Commission staff has finished its review of the Army's
proposal.

The staff at the Nuclear Regulatory Commission had raised the question
of whether Save the Valley had sufficient interest, or standing, to be
part of the process at the NRC.

Rosenthal rejected the staff's concerns, however. To require Save the
Valley to prove what it previously proved about having members who live
near JPG and are concerned about DU migrating from the site "would
clearly exalt form over substance," Rosenthal wrote in his order.
"Stated otherwise, having once established its standing to question the
proposed means of dealing with the DU munitions accumulated on the JPG
site, there is no apparent good reason why petitioner (Save the Valley)
should be burdened with the need to go through the rehearsal that is now
called for by the staff." Rosenthal said it didn't appear that STV had
members who might be affected by whatever happens at JPG.

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