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Category:Legal-Order
MONTHYEARML22122A2322022-05-0202 May 2022
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2022-05-02
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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 Docket Nos.50-327-OLA, 50-328-OLA, 50-390-OLA TENNESSEE VALLEY AUTHORITY ASLBP No. 02-796-01-OLA (Sequoyah Nuclear Plant, Units 1 & 2; Watts Bar Nuclear Plant, Unit 1) 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 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.
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 )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-327-OLA, 50-328-OLA,
) and 50-390-OLA (Sequoyah Nuclear Plant, Units 1 & 2 and )
Watts Bar Nuclear Plant, Unit 1) )
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 Administrative Judge Adjudication Thomas S. Moore, Chair 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 Peter S. Lam Thomas S. Elleman 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 Steven R. Hom, Esq. Ann Pickel Harris, Director Antonio Fernández, Esq. We The People, Inc., Tennessee Jared K. Heck, Esq. 341 Swing Loop Road Office of the General Counsel Rockwood, TN 37854 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Donald J. Moniak Jeannine Honicker Blue Ridge Environmental Defense League 704 Camellia Dr.
P.O. Box 3487 LaGrange, GA 30240 Aiken, SC 29802
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. David A. Repka, Esq.
Harriet A. Cooper, Esq. Kathryn M. Sutton, Esq.
Tennessee Valley Authority Winston & Strawn 400 West Summit Hill Drive 1400 L Street, NW Knoxville, TN 37902-1499 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
