ASLBP 07-853-01-LT-BD01, Designation of Presiding Officer

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Designation of Presiding Officer
ML071200478
Person / Time
Site: Palisades Entergy icon.png
Issue date: 04/30/2007
From: Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-255-LT, ASLBP 07-853-01-LT-BD01, RAS 13556
Download: ML071200478 (3)


Text

UNITED STATES OF AMERICA DOCKETED 04/30/07 NUCLEAR REGULATORY COMMISSION SERVED 04/30/07 CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC, ENTERGY NUCLEAR PALISADES, LLC, AND ENTERGY NUCLEAR OPERATIONS, INC.

Docket No. 50-255-LT ASLBP No. 07-853-01-LT-BD01 DESIGNATION OF PRESIDING OFFICER Pursuant to delegation by the Commission, see 37 Fed. Reg. 28,710 (Dec. 29, 1972),

and the Commissions regulations, see 10 C.F.R. §§ 2.313(a)(2), 2.318, 2.1300, and 2.1319(a),

notice is hereby given that a member of the Atomic Safety and Licensing Board Panel is being designated as Presiding Officer in the following proceeding in compliance with the Commis-sions directions in its Memorandum and Order dated April 26, 2007 (CLI-07-18) :

CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC, ENTERGY NUCLEAR PALISADES, LLC, AND ENTERGY NUCLEAR OPERATIONS, INC.

(Palisades Nuclear Power Plant)

This proceeding, which will be conducted pursuant to 10 C.F.R. Part 2 Subpart M of the Commissions Regulations, Procedures for Hearings on License Transfer Applications, con-cerns a Notice of Consideration of Approval of Transfer of Facility Operating License and Con-forming Amendment and Opportunity for a Hearing published in the Federal Register at 71 Fed.

Reg. 66,805 (Nov. 16, 2006). The Commission is considering issuing an order approving the transfer of Facility Operating License No. DPR-20 for Palisades Nuclear Plant currently held by Consumers Energy Company and Nuclear Management Company, LLC to Entergy Nuclear Palisades, LLC and Entergy Nuclear Operations, Inc. As relevant here, in CLI-07-18 (slip op. at 4), the Commission determined that petitioners Van Buren County and Covert Township have standing in this proceeding. The Commission deferred ruling on the admissibility of the con-tentions proffered by the County and the Township, but it granted their request for access to proprietary information redacted by the applicants from the license transfer application (id. at 14). The Commission directed the applicants to provide the County and Township access to the unredacted version of the application pursuant to a confidentiality agreement (id. at 16-17).

Unless and until directed otherwise by the Commission, the Presiding Officers responsibilities shall be limited to resolving any disputes regarding the Countys and Townships access to proprietary information in the application (id. at 17, 18).

The Presiding Officer is:

Administrative Judge Michael C. Farrar Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 All correspondence, documents, and other materials relating to disputes regarding the Countys and Townships access to proprietary information in the application shall be filed with the Presiding Officer in accordance with 10 C.F.R. § 2.302.

/RA/

E. Roy Hawkens Chief Administrative Judge Atomic Safety and Licensing Board Panel Issued at Rockville, Maryland, this 30th day of April 2007.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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CONSUMERS ENERGY COMPANY,

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Docket No. 50-255-LT NUCLEAR MANAGEMENT COMPANY, LLC and

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ENTERGY NUCLEAR PALISADES, LLC and

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ENTERGY NUCLEAR OPERATIONS

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(Palisades Nuclear Plant)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing DESIGNATION OF PRESIDING OFFICER have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Michael C. Farrar, Presiding Officer Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Richard D. Reed, Esq.

Lewis, Reed & Allen, P.C.

136 East Michigan Avenue, Suite 800 Kalamazoo, MI 49007 Sam Behrends, Esq.

LeBoeuf, Lamb, Greene & MacRae 1875 Connecticut Avenue, NW, Suite 1200 Washington, DC 20009 Douglas E. Levanway, Esq.

Wise, Carter, Child, and Caraway P.O. Box 651 Jackson, MS 39205

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 30th day of April 2007