NRC: CLI-01-05 - Fansteel - Docket No. 40-7580-MLA

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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

	DOCKETED 01/31/01
COMMISSIONERS:
	SERVED 01/31/01
Richard A. Meserve, Chairman Greta Joy Dicus Nils J. Diaz Edward McGaffigan, Jr. Jeffrey S. Merrifield

_________________________________________

In the Matter of

FANSTEEL, INC.

(Muskogee, Oklahoma Facility)

_________________________________________

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Docket No. 40-7580-MLA

CLI-01-05

ORDER

Fansteel, Inc., the State of Oklahoma, and NRC staff have filed a Joint Motion to Dismiss Fansteel's appeal of the Presiding Officer's decision to grant Oklahoma a hearing on Fansteel's application for a license amendment relating to the decommissioning of its Muskogee, Oklahoma, site. See LBP-99-47, 50 NRC 409 (1999).

According to the parties' motion, the proposed Restricted Release Decommissioning Plan, on which Oklahoma had requested a hearing, is no longer under consideration by the NRC staff. The parties indicate that they have also filed a joint motion to dismiss the informal hearing with the Atomic Safety Licensing Board.

These developments render Fansteel's appeal moot, and the appeal is, accordingly, dismissed.

IT IS SO ORDERED

For the Commission

/RA/

ANNETTE L. VIETTI-COOK
Secretary of the Commission

Dated at Rockville, Maryland
this 31st day of January, 2001.