ML020700211
| ML020700211 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 02/28/2002 |
| From: | Zilinski J Neal R. Gross & Co. |
| To: | Office of Nuclear Reactor Regulation |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-423-LA-3, ASLBP 00-771-01-LA, RAS 4037 | |
| Download: ML020700211 (30) | |
Text
"--R4S 4e037 DOCKETED Official Transcript of Proceedings USNRC 2002MAR-7 PM 4: 10 NUCLEAR REGULATORY COMMlS*
HE SECRII'ARY
_ :=
i "*'L*"AKtNGS AND ADJUDICATIONS STAFF
Title:
Dominion Nuclear Connecticut, Inc.
Millstone Nuclear Power Station, Unit 3 Docket Number:
Location:
Date:
50-423-LA-3 (Telephone Conference)
Thursday, February 28, 2002 Work Order No.:
NRC-263 Pages 670-697 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 5ecV-o 9.
Iqte = S orc V-oaa
670 1
2 3
4 5
6 7
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In the matter of:
DOMINION NUCLEAR CONNECTICUT, INC.
(Millstone Nuclear Power Station, Unit No.
3)
Docket No.
50-423-LA-3 x
Thursday, February 28, 2002 via telephone conference call The above entitled matter came on for hearing, pursuant to notice, at 2:30 p.m.
BEFORE:
THE HONORABLE CHARLES BECHHOEFER, CHAIRMAN THE HONORABLE RICHARD F.
- COLE, ADMINISTRATIVE JUDGE THE HONORABLE CHARLES KELBER, ADMINISTRATIVE JUDGE NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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x
1 APPEARANCES:
2 On Behalf of Dominion Nuclear Connecticut:
3 DAVID A.
- REPKA, ESQ.
4 DONALD P.
- FERRARO, ESQ.
5 Winston & Strawn 6
1400 L Street, N.W.
7 Washington, D.C.
20005 8
9 LILLIAN M. CUOCO, ESQ.
10 Dominion Nuclear Connecticut, Inc.
11 Millstone Nuclear Power Station 12 Building 475/5 13 Rope Ferry Road (Route 156) 14 Waterford, Connecticut 06385 15 16 PETER HYDE, Spokesman 17 Millstone Station 18 19 On Behalf of the Intervenors:
20 NANCY BURTON, ESQ.
21 147 Cross Highway 22 Redding Ridge, Connecticut 06876 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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APPEARANCES:
(cont.)
2 On Behalf of the Nuclear Regulatory Commission:
3 ANN P.
- HODGDON, ESQ.
4 Office of the General Counsel 5
Mail Stop -
0-15 D21 6
U.S. Nuclear Regulatory Commission 7
Washington, D.C.
20555-0001 8
9 VICTOR NERSES, Project Manager, Millstone-3 10 JOHN HICKMAN, Project Manager, Millstone-I 11 12 ALSO PRESENT:
13 JOE BESADE 14 Connecticut Coalition against Millstone, 15 Citizens Regulatory Commission, and Fish 16 Unlimited 17 18 MICHELLE McKOWN, ESQ.,
ASLBP 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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PROC E ED I NGS 2
2:30 P.M.
3 CHAIRMAN BECHHOEFER:
This is a telephone 4
pre-hearing conference in the Millstone 3 licensing 5
proceedings.
6 I would like to first introduce the Board 7
Members and then I'll have each of the parties, 8
participants, introduce themselves.
9 My name is Charles Bechhoefer, I'm 10 Chairman of the Board and with me is 11 JUDGE COLE:
This is Dr. Richard Cole.
12 I'm an Administrative Judge with the Board.
13 JUDGE KELBER:
This is Dr. Charles Kelber, 14 also Administrative Judge with the Board.
15 CHAIRMAN BECHHOEFER:
And with us is 16 Michelle McKown, who is a law clerk to the Board and 17 has been working on this proceeding for some time.
18 Michelle?
19 MS.
McKOWN:
Hello, everyone.
20 CHAIRMAN BECHHOEFER:
We'd like now the 21 parties to introduce themselves, the parties and other 22 participants to introduce themselves and I
guess 23 repeat your name and affiliation, etcetera.
24 MS.
BURTON:
- Yes, thank
- you, Judge 25 Bechhoefer.
This is attorney Nancy Burton and I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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represent the Intervenors.
2 MR.
REPKA:
This is David Repka, 3
R-E-P-K-A, representing Dominion Nuclear Connecticut 4
and I'm on the phone from Washington and on a separate 5
line is Lillian Cuoco.
6 CHAIRMAN BECHHOEFER:
Mr.
- Repka, I can 7
hardly hIeear you.
8 MR.
REPKA:
I'll try to speak up.
Is that 9
better?
10 CHAIRMAN BECHHOEFER:
Yes.
11 MS.
HODGDON:
This is Anne Hodgdon for the 12 NRC staff and with me I have Victor Nerses who is the 13 project manager in Millstone Unit 3 and John Hickman 14 who is the project manager in Millstone Unit 1.
15 MR. BESADE:
Joe Besade of the Connecticut 16 Coalition against Millstone, Citizens Regulatory 17 Commission, and Fish Unlimited.
18 MR.
HYDE:
This is Peter Hyde.
I'm 19 spokesperson for Millstone Station.
20 CHAIRMAN BECHHOEFER:
Are you at the 21 station or what?
22 MR.
HYDE:
I am at the station, that's 23 correct, at Millstone and with me is Lillian Cuoco, 24 attorney for Millstone.
25 CHAIRMAN BECHHOEFER:
Now I ask you by the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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way if you speak, it will help the reporter as well as 2
other people to state your name before speaking each 3
time.
We called this call so we could address three 4
motions that are before us in which we have provided 5
rather expedited treatment.
6 The first two we'll take up together are 7
the two, the motion to compel responses to discovery 8
which both Dominion and the Staff have filed.
Now 9
Dominion is seeking discovery by tomorrow and we don't 10 know what the status of various parties are, but could 11 you, Ms.
Burton, could you address your progress, if 12 any, on responding to the discovery?
13 MS.
BURTON:
Yes.
However, I really can't 14 without speaking with reference to the motion for an 15 adjustment to the scheduling order.
If I may, we have 16 requested additional time and essentially an extension 17 of the scheduling order and in conjunction with that 18 I must extend my apologies to everybody because it's 19 my own schedule that has caused me to find it 20 necessary to make the motion.
That was principally 21 owing to a civil jury trial that went on much longer 22 than it had been anticipated in the State Court here 23 in Connecticut, and it caused me to have to focus 24 virtually all of my attention on that case for almost 25 two months.
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occasioning my motion.
And unfortunately, what I must 2
request is that the Board consider extending the 3
Intervenors' discovery period in order to continue the 4
process of gathering the information that we need 5
prior to responding to these motions on the part of 6
the Staff and also Dominion.
And I understand that 7
there may be pressures on the Board to move these 8
proceedings quickly, and I anticipate hearing that 9
from the opposing counsel, but in recognition of the 10 fact that these proceedings do concern discoveries 11 that go back a great long period in time of events 12 that occurred, apparently a long time ago and also in 13 consideration of the very voluminous record which 14 arrived on my doorstep nearly causing my doorstep to 15 collapse, in recognition of these factors as well as 16 recognition of the significance of the substance of 17 these proceedings, I will just hope that the Court, 18 the Board can take all of these factors into 19 consideration and adjust the scheduling order.
20 I'm not suggesting an extension of the 21 argument's date, but if the Board could permit some 22 flexibility as to ability to respond and also continue 23 to gather information prior to the deadline for 24 briefs.
25 I guess that's about all.
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CHAIRMAN BECHHOEFER:
We're sort of --
if 2
we have an oral argument date, we're sort of stuck by 3
the rules to provide that the presentation of the 4
parties be filed 15 days before that.
And that seems 5
the way I read this that the rules, at least, and 6
really the statute under which it was based as 7
requiring that 15-da* simultaneoui filing period, so 8
we have to take that into account.
9 I don't think we can shorten the time 10 between presentation date and the oral argument.
We 11 could shorten the times or lengthen the times as the 12 case may be for that and we have some flexibility 13 there.
14 MR.
REPKA:
Judge Bechhoefer, if I may 15 respond?
This is Dave Repka.
16 CHAIRMAN BECHHOEFER:
Yes, you may.
And 17 the Staff may also.
18 MR.
REPKA:
First, on the question of the 19 deferral, in fact on both the question of the deferral 20 and our motion to compel, I think our papers really 21 speak for themselves.
We're opposed to a deferral of 22 the schedule.
We strongly believe that there has been 23 ample time set forth to do what need to be done in 24 this case and the Commission's policy statement and 25 its expectations as far as meeting deadlines and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 4
5 6
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 678 fulfilling obligations in our licensing proceeding are very, very clear.
I don't think there's really any room for equivocation or interpretation in those expectations in the 1998 Commission policy statement.
With respect to the -
CHAIRMAN BECHHOEFER:
I might add that the standard at least for discovery, I think must be based not so much on the criteria in that policy statement, but the so called good cause shown based on exceptional circumstances which appears in 10 CFR 2.1111.
I think that's the standard we'd have to look for on discovery, but be that as it may, there may be less difference than -
MR.
REPKA:
I'm not sure there is a
difference, but I would also take the position that the Commission interpreted good cause as extreme and unavoidable circumstances and that's how they articulated the standard and upheld that standard in the Calvert Cliffs case.
Be that as it may, I think we're certainly entitled to responses to the very narrow discovery request that we made on Connecticut Coalition.
I'm not sure what I heard there from Ms.
Burton in her request for more time.
She requested time today for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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more time to gather the evidence or gather her 2
information.
Certainly she needs times to respond 3
beyond the original deadline to respond at all to our 4
request, but if there's any suggestion there that 5
there should be more time for her to ask further 6
discovery from us, I
think that's completely 7
unwarranted and would oppose that very vehemently.
8 I think the bottom line is we have asked 9
for a response to our discovery.
We've asked for 10 March 1st.
That's based on a March 17th date.
Given 11 that today is one day from March 1st, I think we're 12 willing to say that -
13 CHAIRMAN BECHHOEFER:
Based on March 18, 14 actually.
15 MR.
REPKA:
March 18, I'm sorry.
I'm 16 willing to say that some response due may be next 17
- week, a week from today at the outside would be 18 appropriate, but I am not willing to go anything 19 beyond that and I think certainly the date of the oral 20
- .argument should stand.
21 MS.
BURTON:
May I respond?
It's Nancy 22 Burton.
23 CHAIRMAN BECHHOEFER:
Let's hear from the 24 Staff.
Why doesn't the Staff state its position.
25 MS.
HODGDON:
Well, we've heard for the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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first time further motion to extend discovery which is 2
not on the agenda for today.
Today's agenda, having 3
been based on the motions that were
- filed, 4
Intervenors' motion to extend scheduling orders and 5
date of argument and DNC and the Staff motion to 6
compel responses to discovery and so the new motion to 7
extend discovery is I
don't know where that's 8
coming
- from, but in any event, we are certainly 9
opposed to it and there couldn't be any good cause for 10 it.
11 The last day for filing discovery was the 12 25th of January and we filed on that date.
The last 13 date for responding was the 8th of February.
We've 14 heard nothing from Intervenors.
We have no answers.
15 We have no objections and we have no motion for a 16 protective order and we have no explanation of why 17 this is and certainly no unavoidable and extreme 18 circumstances, only that Ms.
Burton was in a trial 19 which is certainly something that one would expect of 20 an attorney.
So there are certainly not even good 21 cause here, let alone the unavoidable and extreme 22 circumstances.
23 We oppose the motion to extend the dates 24 and we certainly oppose the motion made just now to 25 extend discovery and we didn't put a date on our NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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motion to compel, but we would like it by Monday, 2
March 4th and that's being --
even that puts us in 3
very difficult circumstances with preparing through no 4
fault of our own.
5 That's all I have to say now on the 6
further motion to extend discovery.
Our answer to the 7
motion to extend the dates is in our written filing 8
have nothing to add to that.
And the motion to 9
compel, I presume, our discovery, we'll argue after we 10 finish this one, unless they're all one of a piece.
11 CHAIRMAN BECHHOEFER:
- Well, we're 12 discussing the two motions to compel together as we -
13 MS.
HODGDON:
Yes.
Well -
14 CHAIRMAN BECHHOEFER:
We anticipated that 15 the responses would be similar and the CCAM seeks a 16 response, would be similar to both.
17 MS.
HODGDON:
That discovery was due on 18 February 13th at the latest, if by mail, otherwise 19 February 8th and so we're almost a month past that 20 time now.
With the time for filing our written 21 presentations upon us, March 18, less than 3 weeks 22 from now and we've heard nothing about what 23 Intervenors' propose to put on in their case and in 24
- fact, even though they've complained about having 25 received eight crates of documents in response to the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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discovery, apparently they want even more now, even 2
though they've not been able to read the eight crates 3
that they have.
So I don't know, it seems like 4
there's a great deal of lack of discipline in this 5
proceeding.
6 CHAIRMAN BECHHOEFER:
Ms. Burton?
7 MS.
BURTON:
- Yes, thank you.
Nancy 8
Burton.
I apologize for what may appear to be 9
Attorney Hodgdon to be lack of discipline, but I'm not 10 at all apologetic about the pressures that I have 11 faced in what I
have outlined as presenting a
12 conflict.
13 I want to point out that we also have not 14 filed a motion to compel with respect to co-counsel 15 and for instance, with respect to our second discovery 16 request addressed to Dominion, that was --
we were 17 virtually, completely stonewalled and are not in the 18 position to proceed, really, in a meaningful way until 19 we have some answers to those questions.
20 Basically, I'm looking at all of these 21 objections. They're simply a boilerplate objection to 22 virtually everything we requested that is absolutely 23 germane to these proceedings.
24 JUDGE KELBER:
This is Judge Kelber.
On 25 the motion to compel?
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MS.
BURTON:
Out of time.
2 MR.
REPKA:
This is Dave Repka.
The rules 3
do specify a 10-day period for a motion to compel 4
which has long since passed in this case.
5 MS.
BURTON:
Well, that is why I requested 6
a modification on the scheduling order.
7 MS.
HODGDON:
Excuse me, it's Ann Hodgdon 8
again.
The modification of the scheduling order does 9
not mention extension of discovery dates and extension 10 of time for filing motions to compel which were long 11 since overdue.
12 Ms.
Burton complains of having eight 13 crates of documents that she hasn't read, so she 14 doesn't even know what's in them and now she wants 15 more crates of documents and she doesn't give any 16 indication of when she's going to have her case ready 17 and with no reason whatsoever.
These" dates were 18 established on November 5th.
- December, January, 19 February, it's almost four months ago.
20 CHAIRMAN BECHHOEFER:
Actually, October 21 31st.
22 MS.
HODGDON:
October 31st and the order 23 was November 5th.
24 CHAIRMAN BECHHOEFER:
Order was November 25 5th.
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MS.
HODGDON:
October 31st was the 2
pre-hearing conference and you're quite correct, Judge 3
Bechhoefer, it was October 31st.
So that's four 4
months ago and any scheduling conflicts that counsel 5
may have gotten herself into is certainly other 6
parties should not have to suffer because of that.
I 7
don't believe that -- we said in our paper, Ms. Burton 8
truly has not demonstrated that she's entitled to any 9
of relief whatsoever and we keep hearing more and more 10 motions.
She wants more and more and more, things 11 that weren't even addressed in her pleading.
12 MS.
BURTON:
May I?
13 CHAIRMAN BECHHOEFER:
Yes.
14 MS.
BURTON:
Thank you.
Nancy Burton 15 again.
On November 7th, we filed our first set of 16 interrogatories.
December 6th, we filed our second.
17 It was after that, after the scheduling orders that 18 were --
after the scheduling orders were set that I -
19 I'm sorry, but I became completely engaged in a civil 20 ljury trial which was not anticipated at the time that 21
.we commenced all of this and I'm just very sorry, but 22 it has demanded my full attention.
I don't have a 23 staff like Mr. Repka does, nor Tony Hodgdon and this 24 work is virtually all pro bono work, public interest 25 work.
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There is a very, very clear imbalance here 2
between those who are gaining profit from this, who 3
have tremendous resources and us poor folks on the 4
other side who are simply trying to carry what's 5
sometimes an expensive proposition that Thomas 6
Jefferson may not have anticipated when he said that 7
the price of liberty is vigilance.
8 All of these factors have occasioned the 9
need to appeal to the Board to give us an opportunity.
10 And as I've said, we were looking for a 60-day 11 extension.
I don't think 60 days is out of balance in 12 terms of what we're looking at here and given the fact 13 that we don't have the information that we asked for, 14 I would suggest that we have been stonewalled in these 15 proceedings to some extent.
16 I
will endeavor to prepare motions 17 addressed to all of this and just hope that the Board 18 will give us some fair consideration.
19 MR.
REPKA:
This is Dave Repka.
I would 20 like to respond to that because I believe that was a 21 practically shameless appeal that's completely 22 unwarranted.
And I
think we, Dominion Nuclear 23 Connecticut have responded to the discovery.
We have 24 responded far in excess of things that were relevant 25 to this proceeding.
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Yes, we did object to some very poorly and 2
vaguely defined discovery requests.
- Yes, we did 3
object to some things that were clearly outside the 4
scope of this proceeding, but to hold off and vanish 5
from a proceeding for weeks and months, long after the 6
regulatory time period for responding, for filing a 7
motion to compel and asking for more time 8
retroactively is completely uncalled for, completely 9
unwarranted, completely beyond and outside the 10 Commission's expectations and really there really is 11 no need for further discussion on this phone call 12 because I think what the Board is required to do is 13 very clear.
14 JUDGE KELBER:
This is Judge Kelber.
Ms.
15 Burton, are you prepared in the next few days to reply 16 to the discovery requests that are the subject of the 17 motions to compel?
18 MS.
BURTON:
We are prepared to reply, 19 however, our ability to reply in a meaningful way will 20 be hampered if we don't have the further information 21 that we've requested legitimately in these 22 proceedings, that the opposing parties have available 23 to them.
24 MS.
HODGDON:
Anne Hodgdon again.
Can we 25 stop this discussion of Ms.
Burton's intentions to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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file motions to compel?
She's way out of time with 2
regard to that.
Can we have a ruling that those are 3
denied at this time so we can get on with the subject 4
matter of this telephone conference call?
5 MR.
REPKA:
I second that request 6
completely.
7 JUDGE COLE:
This is Judge Cole.
We're 8
going to go on mute and discuss this for a minute.
9 We'll we back shortly.
10 (Off the record.)
11 CHAIRMAN BECHHOEFER:
- Okay, back on the 12 record.
We heard some conversation and didn't exactly 13 understand about somebody calling back somebody on 14 another line.
Is everybody still on?
15 Is the Court Reporter still here?
16 COURT REPORTER:
Yes.
17 CHAIRMAN BECHHOEFER:
Okay.
I don't know 18 who that was, but be that as it
- may, we've decided 19 that we've really -- well, we can't grant in full or 20 even very much part of the requested extensions for 21 discovery and I don't think that any discovery or 22 portions for a protective order of that sort.
We 23 would be willing to extend the discovery date to next 24 Thursday, March 7th, the date for responses.
But how 25 much that would pressure various people to file their NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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statements by March 18th which is the current date, we 2
don't know and we'd like to hear on that.
3 MR.
REPKA:
This is Dave Repka.
4 CHAIRMAN BECHHOEFER:
We don't have a lot 5
of leeway because some of which is our own schedules 6
and there isn't too much leeway that we have for 7
granting extensions.
8 MR.
REPKA:
This is Dave Repka.
If I may 9
try to reiterate what I think I heard which is you're 10 denying any extension in which to file any further 11 motions to compel?
12 CHAIRMAN BECHHOEFER:
That's correct.
13 MR.
REPKA:
And you would allow until 14
- March, a week from today, March 7th, for Connecticut 15 Coalition to respond to our and the staff's pending 16 requests.
Is that correct?
17 CHAIRMAN BECHHOEFER:
The 7th was the date 18 you mentioned, actually.
19 MR.
REPKA:
- Yes, that's correct.
And I 20 would say if we get that response received on that day 21 we can meet the March 18th deadline for written 22 submissions, but I think March 7th, it's a -- we would 23 appreciate that being a received by deadline.
24 CHAIRMAN BECHHOEFER:
Ms.
Hodgdon?
25 MS.
HODGDON:
If our discovery requests NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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are fully answered on that
- date, that is, if 2
Intervenors do tell us what their case is, do answer 3
our questions, who the persons will be, who are 4
furnishing their affidavits and what they will say and 5
so forth, yes, we will be able to go forward in that 6
time, but if we just get something else such as we 7
- did, unfortunately, the last time in the last 8
proceeding, the initial proceeding in this matter, we 9
will be even more disadvantaged than we are now and it 10 will be extremely unfair to go to any sort of a
11 hearing when Intervenors have the burden of going 12 forward and it does not appear that they're ready to 13 go forward.
14 CHAIRMAN BECHHOEFER:
Off the record for 15 a moment.
16 (Off the record.)
17 CHAIRMAN BECHHOEFER:
Back on the record.
18 If we should extend the discovery date to March 7 19 which we are prepared to do, Ms.
Burton, could you 20 then still file your presentations by Monday the 18th?
21 MS.
BURTON:
We anticipate we would be 22 able to do that, yes.
23 CHAIRMAN BECHHOEFER:
I believe the 24 conversation is over.
We're going to go on mute 25 again.
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(Off the record.)
2 CHAIRMAN BECHHOEFER:
Back on the record.
3 We will have the last date for CCAM to respond to 4
discovery requests will be this Thursday, March 7th.
5 And I guess that's the only day we'll change for 6
present at least.
Did everybody understand that?
7 MR.
REPKA:
This is Dave Repka.
Can we 8
clarify whether that's a received date, the response 9
must be in our hands?
10 CHAIRMAN BECHHOEFER:
- Yes, that's a
11 receive date, but if it's sent by e-mails that day it 12 will be received.
13 MS.
HODGDON:
What about documents?
14 CHAIRMAN BECHHOEFER:
Documents -
15 MR.
REPKA:
I think we want to keep it as 16 a received date so you may want to set it up as a day 17 earlier 18 MS.
HODGDON:
They can be sent by 19 overnight mail on the 6th then, documents that are 20 responsive.
21 CHAIRMAN BECHHOEFER:
That's true.
If 22 documents have to be --
if documents can't be --
what 23 do they call that scanned and put out --
- well, they 24 can be faxed or they --
the 7th will be the received 25 date.
That still means that paper copies of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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691 everything have to be dropped in the mail.
That's the way NRC rules still work.
But that can be put in the mail on that same date.
1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clarify.
received supposed t received b the 7th.
CHAIRMAN BECHHOEFER:
Yes.
But if they fax them to do, then they can mail them on that date.
They have to mail copies anyway.
A couple of other matters that don't relate to any of these three matters that we've put in our order to consider today, but we would like to know NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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BURTON:
Nancy
- Burton, just to So a fax or an e-mail is okay for the 7th?
CHAIRMAN BECHHOEFER:
- Yes, if we've so we get it by the 7th.
MS.
BURTON:
Right.
CHAIRMAN BECHHOEFER:
And then -
MS.
HODGDON:
And documents also are
.o be, this is Ann Hodgdon again -
CHAIRMAN BECHHOEFER:
Included documents.
MS.
HODGDON:
Documents also to be
]y the 7th?
CHAIRMAN BECHHOEFER:
Correct.
MS.
HODGDON:
Thank you.
CHAIRMAN BECHHOEFER:
By fax or by -
MS.
HODGDON:
However they get here.
By
692 1
as part of the filings of the -- of DNC and the staff, 2
whether they are aware and whether it even applies of 3
an issue set forth in NRC regulatory summary issue 4
2001-12 which is titled "Nonconservative and 5
pressurized water reactor sent to storage pool 6
reactivity equivalency calculation."
That was issued 7
on May 18, 2001.
We just want to know whether the 8
parties are aware of that and whether they apply at 9
all to the matters at issue in this proceeding?
10 It may not, as far as we -
11 MS.
HODGDON:
Ann Hodgdon here.
I have 12 that document in my office.
The answer is no.
We are 13 aware of that document and I actually reviewed it when 14 it was before -
15 MR.
REPKA:
This is Dave Repka.
We are 16 aware of it as well.
I can't recollect at this point 17 the details.
I know there were discussions between 18 Dominion and the staff at the time that paper was 19 issued and it was resolved.
How it was resolved or 20 what the details are currently escape me, but I know 21 we are aware of that paper.
22 JUDGE KELBER:
This is Judge Kelber.
We'd 23 just like to get it on the record in your filings as 24 to whether you expect, if
- any, that this matter 25 applies to the spent fuel pool of Millstone 3.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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693 1
MR.
REPKA:
- Yes, we can do that.
2 JUDGE KELBER:
Appreciate that.
And one 3
other matter that we've been discussing is we've 4
received the inspection report from Staff which refers 5
to the Millstone Corrective Action Plan and in that 6
reference it states that there have been some 7
additions to that plan as a result of the root cause 8
analysis and lessons learned at Millstone 1.
9 In your filing we would appreciate it if 10 you would discuss the extent to which those additions 11 to the corrective action plan apply to Millstone 3.
12 MR.
REPKA:
What you're saying is were the 13 corrective actions in response to the report applied 14 at Millstone 3.
That's your question?
15 JUDGE KELBER:
Yes.
16 MR.
REPKA:
- Okay, I
understand that 17 question and we can address it.
18 JUDGE KELBER:
In your presentations, not 19 before that.
20 MR.
REPKA:
I understand.
21 MS.
HODGDON:
I understand too.
I believe 22 that we will have that in our presentation.
23 MS.
BURTON:
Excuse me, before we go off, 24 Nancy Burton.
I'm not as up to speed as the others on 25 either of these.
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694 1
With respect to the first
- one, Judge 2
Bechhoefer, the regulatory report you mentioned?
3 CHAIRMAN BECHHOEFER:
Yes.
4 MS.
BURTON:
I don't believe I have that 5
and I wasn't able to rapidly enough move my pen to 6
take down the full title.
7 I assume I'll have to go to the Public 8
Document Room to obtain a copy of it.
9 MS.
HODGDON:
I think you can probably get 10 it on the website.
It's only about 25 pages long and 11 it's very simple.
12 CHAIRMAN BECHHOEFER:
I think she was 13 talking, you were talking about not the inspection 14 report, were you?
15 MS.
HODGDON:
About the summary issue of 16 2001 -
17 CHAIRMAN BECHHOEFER:
It's bnly two pages 18 long.
19 MS.
HODGDON:
It's about 25 pages long.
20 CHAIRMAN BECHHOEFER:
The one I'm reading 21 from is two pages.
22 MS.
HODGDON:
That's the cover letter.
23 The document itself is 25 pages long.
24 CHAIRMAN BECHHOEFER:
We don't we have 25 that one.
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695 1
MS.
HODGDON:
Okay.
2 CHAIRMAN BECHHOEFER:
We have it as a
3 regulatory issues summary.
4 MS.
HODGDON:
Okay, what you have is a
5 summary.
It's based on the document.
It says the 6
same thing.
You don't need the 25 pages.
7 CHAIRMAN BECHHOEFER:
I'm sure we want it.
8 MR.
REPKA:
We'd like the exact title.
9 CHAIRMAN BECHHOEFER:
I can read it off 10 again.
11 MS.
BURTON:
If you don't mind.
12 CHAIRMAN BECHHOEFER:
NRC Regulatory Issue 13 Summary 2001-12.
The title is Nonconservatism in 14 pressurized water reactor spent fuel storage pool 15 reactivity equivalency calculation.
And it's dated 16 May 18, 2001.
17 MS.
BURTON:
Okay.
18 CHAIRMAN BECHHOEFER:
Do you have that 19 now?
20 MS.
BURTON:
Thank you very much.
21 CHAIRMAN BECHHOEFER:
You're welcome.
22 MS.
BURTON:
And the inspection reports 23 specifically you're referring to is what date?
24 CHAIRMAN BECHHOEFER:
It was sent to me.
25 We got it today.
You should have been sent copies.
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696 1
I think -
2 MS.
HODGDON:
Ms.
Burton was sent copies 3
and it bears a date of yesterday, February 27th, but 4
I believe that --
I don't know.
It may not have been 5
issued until today.
6 CHAIRMAN BECHHOEFER:
We received ours 7
today.
8 MS.
HODGDON:
I sent it as soon as I got 9
it.
10 CHAIRMAN BECHHOEFER:
Nobody is 11 criticizing.
12 MS.
HODGDON:
I know that.
What I mean to 13 say is I don't know what date it is.
I think it has 14 the 27th on it.
15 CHAIRMAN BECHHOEFER:
It does.
16 JUDGE COLE:
This is Dr. Cole.
It's dated 17 February 27, 2002.
18 MS.
HODGDON:
If anyone would like, I will 19 send them a
note about the documents that the 20 regulatory issue and so forth.
I think that the 21 summary statement says it
- all, but you can get the 22 documents.
It's on my desk.
So if Judge Kelber would 23 like to read it or something, I'll just identify it.
24 JUDGE KELBER:
I have enough to read.
25 Thank you, Ms.
Hodgdon.
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697 1
MS.
HODGDON:
Okay, fine.
If you change 2
your mind, just ask me and I'll send you -
3 JUDGE KELBER:
I know the technique.
4 MS.
HODGDON:
I know you understand this.
5 It's just that I thought you might like the book, but 6
you only have the paper.
But if you don't want the 7
- book, that's fine.
Good.
8 CHAIRMAN BECHHOEFER:
- Okay, is there 9
anything further that anyone would like to discuss at 10 this time?
11 (Pause.)
12 Wait a minute.
Hearing nothing, I think 13 we're adjourned.
There being nothing further, the 14 conference is concluded and again we thank you.
15 (Whereupon, at 3:12 p.m.,
the conference 16 was concluded.)
17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding:
Dominion Nuclear Connecticut Millstone Nuclear Power Station, Unit 3 Docket Number:
50-423-LA-3 Location:
(Telephone Conference) were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a
true and accurate record of the foregoing proceedings.
bonathan Zilinski Official Reporter Neal R. Gross & Co.,
Inc.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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