ML021000120
| ML021000120 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 04/05/2002 |
| From: | Slater J Tennessee Valley Authority |
| To: | Office of Nuclear Reactor Regulation |
| 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, EA-99-234, RAS 4247 | |
| Download: ML021000120 (3) | |
Text
UNITED STATI NUCLEAR REGULA ATOMIC SAFETY AN IN THE MATTER OF TENNESSEE VALLEY AUTHORITY (Watts Bar Nuclear Plant, Unit 1; Sequoyah Nuclear Plant, Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2, & 3)
DOCKETED USNRC ES OF AMERICA TORY COMMISSION April 8, 2002 (3:56PM)
VD LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF
)
Docket Nos. 50-390-CivP;
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50-327-CivP; 50-328-CivP;
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50-259-CivP; 50-260-CivP;
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50-296-CivP
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ASLBP No. 01-791-01-CivP
)
)
EA 99-234
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ORDER Pursuant to 10 C.F.R. § 2.730 (2001) and paragraph 4 of the February 13, 2002, fourth preheating conference order, the Tennessee Valley Authority (TVA) filed a motion in limine, requesting the Board to strike Edward J.
Vigluicci, Esq., and Brent R. Marquand, Esq., as witnesses from the Nuclear Regula-tory Commission (NRC) Staff's March 29, 2002, proposed witness list. TVA also moved for an order excluding NRC Staff exhibit Nos. 51 and 52 and other transcripts prepared by the NRC Staff of conversations recorded by Gary Fiser and exhibit Nos. 182, 187, and 189 regarding grievance, selection, and reduction-in-force policies.
Having considered TVA's motion, supporting declarations and other evidentiary submissions, and brief, and the NRC Staff's opposition to the motion, the Board is of the opinion that the motion is due to be granted. Accordingly, it is hereby ORDERED that Vigluicci and Marquand are stricken from the NRC Staff's witness e oMp/ lafez - seck-
-sgc secq_ op
list, and NRC Staff exhibit Nos. 51 and 52 and other transcripts prepared by the NRC Staff of conversations recorded by Gary Fiser are excluded.
Pursuant to 10 C.F.R. § 2.713, even though the NRC Staff has named Mr. Marquand as a potential witness in this matter, the Board further finds that Mr. Marquand may continue his representation of TVA in this proceeding consistent with all ethical constraints and with Disciplinary Rule 5-101 and 5-102.
DONE this day of _
2002.
CHARLES BECHHOEFER, CHAIRMAN Administrative Judge Ann Marshall Young Administrative Judge Richard F. Cole Administrative Judge 003693611 2
CERTIFICATE OF SERVICE I hereby certify that the foregoing motion in limine (with attached declarations and excerpts from the PEC conferences and from Dr. McArthur's deposition), proposed order, and supporting brief have been served by overnight messenger on the Board members and NRC Staff and by regular mail on the other persons listed below. Copies of the motion, proposed order, and brief, less the attachments which are being sent either by overnight or regular mail, 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: amy~nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Cormmission 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: rfclinrc.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: jme~nrc.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 5th day of April, 2002.
J Attorney for TVA 4