ML020730169
| ML020730169 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 03/08/2002 |
| From: | Slater J Tennessee Valley Authority |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, RAS 4067 | |
| Download: ML020730169 (3) | |
Text
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-7 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 2002 MAR 12 AM II: 26 ATOMIC SAFETY AND LICENSING BOARD FFiC 1 '
L C
[ARY RULLEHAriNGS AND ADJUDICATIONS STAFF IN THE MATTER OF
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Docket Nos. 50-390-CivP;
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50-327-CivP; 50-328-CivP; TENNESSEE VALLEY AUTHORITY
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50-259-CivP; 50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1;
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ASLBP No. 01-791-01-CivP Sequoyah Nuclear Plant, Units 1 & 2;
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Browns Ferry Nuclear Plant,
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EA 99-234 Units 1, 2, & 3)
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RESPONSE TO THE NRC STAFF'S OBJECTION TO TENNESSEE VALLEY AUTHORITY'S MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION FOR
SUMMARY
DECISION On March 4, 2002, the Nuclear Regulatory Commission (NRC) Staff filed an objection to the Tennessee Valley Authority's (TVA) motion for leave to file a reply in support of its motion for summary decision. The NRC Staff asserts TVA is attempting to circumvent the specific prohibition against additional statements in sup-port of its motion for summary decision (Obj. at 1). The NRC Staff misreads the applicable Rules. TVA moved to file a reply "[p]ursuant to 10 C.F.R. §§ 2.730 and 2.749" (Mot. at 1). Specifically, 10 C.F.R. § 2.730(c) (2001)-the general provisions for motions-clearly state that "[t]he moving party shall have no right to reply, except as permitted by the presiding officer," which in this case is the Board (emphasis added). TVA's motion for leave simply seeks such permission from the Board to file a reply.
Second, contrary to the NRC Staffs contention (Obj. at 1) that the reply "will only cause further delays," the reply would in fact be helpful to the Board in clarifying the NRC Staff's failure to factually or legally dispute that (1) Thomas J.
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I McGrath did not have knowledge of Garly L. Fiser's protected activity before the filing of his 1996 complaint and (2) the NRC Staff's inference of discrimination based upon the temporal proximity between the appointment of McGrath and Wilson C. McArthur as Fiser's supervisors and his nonselection in July 1996 is fatally flawed as a matter of law. The reply further points out that the NRC Staff's response seeks to confuse the matter by raising issues and facts not pertinent to the bases of TVA's pending motion for summary decision.
Based on the foregoing reasons and those stated in TVA's motion for leave, the Board should permit the filing of TVA's reply.
March 8, 2002 Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1401 Facsimile 865-632-6718 Of Counsel:
David A. Repka, Esq.
Winston & Strawn 1400 L Street, NW Washington, D.C. 20005 003692779 Respectfully submitted, Maureen H. Dunn General Counsel Thomas F. Fine Assistant General Counsel Brent R. Marquand Senior Litigation Attorney Barbara S. Maxwell Attorney Jowb E. Sgter (SC Bar No. 005149)
Senior Litigation Attorney Telephone 865-632-7878 Attorneys for Tennessee Valley Authority 2
CERTIFICATE OF SERVICE I hereby certify that the foregoing response to the NRC Staff's objection to TVA's motion for leave to file reply in support of its motion for summary decision has been served by regular mail on the persons listed below. Copies of the response have also been sent by e-mail to those persons listed below with e-mail addresses.
Administrative Judge Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Two White Flint North 11545 Rockville Pike Rockville, Maryland 20852-2738 e-mail address: cxb2@nrc.gov Administrative Judge Ann Marshall Young U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Two White Flint North 11545 Rockville Pike Rockville, Maryland 20852-2738 e-mail address: arnyQnrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738 Administrative Judge Richard F. Cole U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Two White Flint North 11545 Rockville Pike Rockville, Maryland 20852-2738 e-mail address: rfcl@nrc.gov Dennis C. Dambly, Esq.
Jennifer M. Euchner, Esq.
U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738 e-mail address: dcd@nrc.gov e-mail address: jmeonrc.gov Mr. William D. Travers Executive Director of Operations U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738 This 8th day of March, 2002.
AttoHy for essee Valley Authority 3