ML020840537
| ML020840537 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 03/25/2002 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| 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 4150 | |
| Download: ML020840537 (5) | |
Text
RAS 4150 UNITED STATES OF AMERICA DOCKETED 03/25/02 NUCLEAR REGULATORY COMMISSION SERVED 03/25/02 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Richard F. Cole Ann Marshall Young In the Matter of Docket Nos. 50-390-CivP; 50-327 CivP; 50-328-CivP; 50-259-CivP; TENNESSEE VALLEY AUTHORITY 50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1; ASLBP No. 01-791-01-CivP Sequoyah Nuclear Plant, Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2 & 3) EA 99-234 March 25, 2002 NOTICE OF EVIDENTIARY HEARING This proceeding involves a proposed civil penalty of $110,000, sought to be imposed by the NRC Staff on the Tennessee Valley Authority (TVA) for an alleged violation of NRCs employee-protection requirements set forth in 10 C.F.R. § 50.7, based upon the asserted discrimination against a former employee for engaging in protected activities. In response to an Order Imposing Civil Monetary Penalty, published at 66 Fed. Reg. 27,166 (May 16, 2001), TVA on June 1, 2001, filed a timely request for a hearing. On June 26, 2001, an Atomic Safety and Licensing Board, consisting of Dr. Richard F. Cole, Ann Marshall Young, and Charles Bechhoefer, who serves as Chairman, was established to preside over this proceeding. 66 Fed. Reg. 34,961 (July 2, 2001).
By Memorandum and Order dated June 28, 2001, the Licensing Board granted TVAs request for a hearing and, on the same date, issued a Notice of Hearing. 66 Fed. Reg. 35,467-35,468 (July 5, 2001). Parties to this proceeding are TVA and the NRC Staff. As set forth in the Order Imposing Civil Monetary Penalty, 66 Fed. Reg. at 27,167, issues to be considered are
(a) whether the Licensee violated the Commissions requirements, as set forth in the Notice of Violation and Proposed Imposition of Civil Penalty, dated February 7, 2000 (NOV); and, if so, (b) whether, on the basis of such violation, the Order Imposing Civil Monetary Penalty should be sustained.
Notice is hereby given that the evidentiary hearing in this proceeding will commence on Tuesday, April 23, 2002, at 9:30 a.m. EDT, at the United States Bankruptcy Court, Courtroom A, Historic U.S. Courthouse, 31 E. 11th St., Chattanooga, Tennessee 37402. The hearing will continue on April 24-26, 2002, beginning at 9:00 a.m., and, to the extent necessary, on April 30-May 9, 2002, also commencing at 9:00 a.m., at the same location unless otherwise announced.
Members of the public are invited to attend any of these sessions. Hearings will extend until approximately 5:00 p.m. each day. On Friday, April 26, 2002, however, the hearing will adjourn no later than 12:00 noon; no hearing is scheduled for Monday, April 29, 2002 and, as the hearing proceeds, the Board may make changes in the foregoing schedule, modifying the times for each days session or canceling a session, as deemed appropriate to allow for witnesses availability and other matters arising during the course of the proceeding.
Documents related to this proceeding issued prior to December 1, 1999, are available in microfiche form (with print form available on one-day recall) for public inspection at the Commissions Public Document Room (PDR), Room 0-1 F21, NRC One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738. Documents issued subsequent to November 1, 1999 are available electronically through the Agency wide Documents Access and Management System (ADAMS), with access to the public through NRCs Internet Web site
- 3-(Public Electronic Reading Room Link, <http://www.nrc.gov/NRC/ADAMS/index.html>). The PDR and many public libraries have terminals for public access to the Internet.
It is so ORDERED.
For the Atomic Safety and Licensing Board
/RA/
Charles Bechhoefer ADMINISTRATIVE JUDGE Rockville, Maryland March 25, 2002
[Copies of this Notice were transmitted this date by e-mail to counsel for each of the parties.]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-390-CIVP,
) 50-327/328-CIVP and (Watts Bar Nuclear Plant, Unit 1; ) 50-259/260/296-CIVP Sequoyah Nuclear Plant, Units 1 & 2; and )
Browns Ferry Nuclear Plant, Units 1, 2 & 3) )
(Order Imposing Civil Monetary Penalty) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB NOTICE OF EVIDENTIARY HEARING have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard F. Cole Ann Marshall Young Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Dennis C. Dambly, Esq. Mark J. Burzynski, Manager Susan S. Chidakel, Esq. Nuclear Licensing Jennifer M. Euchner, Esq. Tennessee Valley Authority Office of the General Counsel 1101 Market Street Mail Stop - O-15 D21 Chattanooga, TN 37402-2801 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket Nos. 50-390-CIVP 50-327/328-CIVP and 50-259/260/296-CIVP LB NOTICE OF EVIDENTIARY HEARING Thomas F. Fine, Esq.
Assistant General Counsel Office of the General Counsel, ET 10A-K Tennessee Valley Authority 400 W. Summit Hill Drive Knoxville, TN 37902
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 25th day of March 2002