ML021050577

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LB Order (Denying Petitioner Jeannine Honicker’S Request to File a Reply)
ML021050577
Person / Time
Site: Watts Bar, Sequoyah  Tennessee Valley Authority icon.png
Issue date: 04/12/2002
From: Moore T
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
+adjud/ruledam200506, 50-327-OLA, 50-328-OLA, 50-390-OLA, ASLBP 02-796-01-OLA, RAS 4305
Download: ML021050577 (4)


Text

1 By a telephone call on April 11, 2002, NRC Staff Counsel informed the Atomic Safety and Licensing Board Panels Chief Counsel that the NRC Staff would not be filing a response to Mrs. Honickers motion. Although it would not think such an admonition should be necessary, the Board nevertheless reminds Staff Counsel that, absent extraordinary circumstances, all communications with the Board in the proceedings must be made on the record. A telephone call does not suffice and is inappropriate in the circumstances presented here. In the future, the Board expects the Staff, as a party to the proceeding, to file written pleadings stating its position, or lack thereof, on any matters before the Board. The Board trusts that it will not need to address this subject again.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 4305 DOCKETED 04/12/02 ATOMIC SAFETY AND LICENSING BOARD SERVED 04/12/02 Before Administrative Judges:

Thomas S. Moore, Chairman Dr. Peter S. Lam Dr. Thomas S. Elleman In the Matter of TENNESSEE VALLEY AUTHORITY (Sequoyah Nuclear Plant, Units 1 & 2; Watts Bar Nuclear Plant, Unit 1)

Docket Nos.50-327-OLA, 50-328-OLA, 50-390-OLA ASLBP No. 02-796-01-OLA April 12, 2002 ORDER (Denying Petitioner Jeannine Honickers Request to File a Reply)

On April 9, 2002, Petitioner Jeannine Honicker filed by e-mail a request to reply to the response of the Tennessee Valley Authority (TVA) to her proposed contentions. TVA opposes her motion arguing that Mrs. Honicker has failed to make the necessary good cause showing that her motion should be granted.1 Mrs. Honickers motion for leave to file a reply is denied. Pursuant to the Commissions Rules of Practice, there is no right to file a reply and Mrs. Honickers motion fails to demonstrate good cause why the Board should act favorably upon her request.

It is so ORDERED.

For the Atomic Safety and Licensing Board*

/RA/

Thomas S. Moore, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 12, 2002

  • Copies of this Order have been transmitted this date by e-mail or fax to counsel or other representative for each of the parties.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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TENNESSEE VALLEY AUTHORITY

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Docket Nos. 50-327-OLA, 50-328-OLA,

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and 50-390-OLA (Sequoyah Nuclear Plant, Units 1 & 2 and

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Watts Bar Nuclear Plant, Unit 1)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (DENYING PETITIONER JEANNINE HONICKERS REQUEST TO FILE A REPLY) 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 Thomas S. Moore, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Peter S. Lam Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Steven R. Hom, Esq.

Antonio Fernández, Esq.

Jared K. Heck, Esq.

Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Ann Pickel Harris, Director We The People, Inc., Tennessee 341 Swing Loop Road Rockwood, TN 37854 Donald J. Moniak Blue Ridge Environmental Defense League P.O. Box 3487 Aiken, SC 29802 Jeannine Honicker 704 Camellia Dr.

LaGrange, GA 30240

2 Docket Nos. 50-327-OLA, 50-328-OLA, and 50-390-OLA LB ORDER (DENYING PETITIONER JEANNINE HONICKERS REQUEST TO FILE A REPLY)

Edward J. Vigluicci, Esq.

Harriet A. Cooper, Esq.

Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, TN 37902-1499 David A. Repka, Esq.

Kathryn M. Sutton, Esq.

Winston & Strawn 1400 L Street, NW Washington, DC 20005

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 12th day of April 2002