ML030170543
| ML030170543 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 01/16/2003 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-336-OLA-2, ASLBP 03-808-02-OLA, RAS 5351 | |
| Download: ML030170543 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 5351 DOCKETED 01/16/03 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 01/16/03 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Richard F. Cole Dr. Thomas S. Elleman In the Matter of Docket No. 50-336-OLA-2 DOMINION NUCLEAR CONNECTICUT, INC. ASLBP No. 03-808-02-OLA (Millstone Nuclear Power Station, Unit No. 2) January 16, 2003 ORDER (Regarding Provision of License Amendment Application and Filing Requirements)
- 1. This proceeding involves a September 26, 2002, application of Dominion Nuclear Connecticut, Inc. (DNC), to amend the operating license for Millstone Power Station, Unit No. 2, by changing certain technical specifications, based upon a re-analysis of the limiting design basis Fuel Handling Accident using an Alternative Source Term in accordance with 10 C.F.R.
§ 50.67 and NRC Regulatory Guide 1.183. This application was among those included in a November 2002 NRC Biweekly Notice regarding Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, published at 67 Fed. Reg. 68728, 68731 (Nov. 12, 2002). On December 12, 2002, in response to this notice and DNCs application, the Connecticut Coalition Against Millstone (CCAM) and the STAR Foundation (STAR) filed an Amended Petition to Intervene and Request for Hearing.
- 2. In order that the Licensing Board and all participants may better understand and more efficiently address the matters at issue in this proceeding, DNC is requested to provide
copies of the relevant amendment application and all attachments to the Licensing Board, as well as to provide copies or access to copies of the same to the participants, unless they are already in possession of these documents. The documents should be provided to the Licensing Board members in paper form, as soon as possible but no later than the close of business on Tuesday, January 21, 2003, in accordance with the service instructions that follow. After receipt of the application, a further Order shall be issued addressing appropriate issues and scheduling matters.
- 3. All pleadings and other submissions by all participants shall have the filing date printed on the top right-hand side of the first page of the submission; and all participants in all their filings shall avoid the use of mere abbreviated incorporation by reference to other parts of the same or other documents, in place of stating the arguments supporting a position at the appropriate place in the document.
- 4. Service on the Licensing Board Members and Other Participants. Absent some other directive from the Board, all filings in this case should be served on the Board and the other participants so as to ensure receipt on or before the filing deadline. Except when a particular form is required (such as the paper hard copies of the application and attachments as specified in paragraph 2), participants may use any of the methods outlined below so long as the filing is received no later than midnight Eastern Time on the date due.
A. Service on Licensing Board Members. For each pleading or other submission filed in this proceeding, in addition to submitting an original and two conforming copies to the Office of the Secretary as required by 10 C.F.R. § 2.708(d) and serving a copy on every other participant in accordance with section 2.701(b), a participant should serve conforming copies on the members of the Licensing Board by one of the following methods:
- i. E-Mail. To complete service on the members of the Licensing Board by e-mail transmission, a participant should (a) send the filing (which should include the certificate of service) as a file (preferably in Wordperfect) attached to an e-mail message directed to each Licensing Board member (at: AMY@nrc.gov, RFC1@nrc.gov, elleman@eos.ncsu.edu); and (b) send paper conforming copies that same date to each Licensing Board member by regular first-class mail, at the following addresses:
For Judges Young and Cole:
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 For Judge Elleman:
704 Davidson Street Raleigh, NC 27609-5543 For regular mail service, the NRC staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first class mail for Judge Young and Judge Cole.
Any attachments or exhibits to a pleading that cannot be transmitted by e-mail should be sent to the Licensing Board members by separate facsimile transmission or other means that will ensure receipt by the due date, with paper conforming copies mailed that same day to each of the Licensing Board members.
ii. Facsimile Transmission. To complete service on the members of the Licensing Board by facsimile transmission, a participant should (a) send copies to the attention of the Licensing Board members by name, at 301/415-5599 (verification (301/415-7393); and (b) send paper conforming copies that same date to each of the Licensing Board members by regular mail at the addresses above.
iii. Overnight or Hand Delivery. To complete service on Judges Young and Cole via overnight (e.g., express mail, Federal Express, etc.) or hand delivery, participants should not use the Boards regular Washington, D.C., mailing address (see above), as this may delay
receipt of an overnight/hand delivered item; instead, when using such delivery methods, participants should send conforming copies to Judges Young and Cole at the following address:
Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852 B. Service on Other Participants. Whichever of the methods outlined above is used for service on the Licensing Board, the participant serving the pleading should make service on all other participants and the Office of the Secretary by the same or a comparable method.
- 5. Motions for Extension of Time. For any motion for extension of time, except upon a showing of good cause, the participant requesting the extension shall (a) ascertain whether and when any other participant intends to oppose or otherwise respond to the motion and apprise the Licensing Board of that information in the motion; (b) serve the motion on the Licensing Board so that it is received at least three business days before the due date for the pleading or other submission for which an extension is sought; and (c) state in the motion, specifically and in detail, what unavoidable and extreme circumstances warrant the extension.
See STATEMENT OF POLICY ON CONDUCT OF ADJUDICATORY PROCEEDINGS, CLI-98-12, 48 NRC 18, 21 (1998).
- 6. Notices of Appearance. Any attorney or other representative for any participant who has not already filed such a notice shall file a notice of appearance that conforms with the requirements of 10 C.F.R. § 2.713(b) and provides all the information set forth therein, including the capacity in which the representation shall be and the basis for the eligibility or authority for such representation, along with a listing of e-mail address(es) and facsimile number(s) for future use in serving pleadings and issuances.
It is so ORDERED.
FOR THE ATOMIC SAFETY 1
AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland January 16, 2003 1
Copies of this Order were sent this date by Internet e-mail or facsimile transmission, if available, to all participants or counsel for participants.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
DOMINION NUCLEAR ) Docket No. 50-336-OLA-2 CONNECTICUT, INC. )
)
)
(Millstone Power Station, Unit No. 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING PROVISION OF LICENSE AMENDMENT APPLICATION AND FILING REQUIREMENTS) 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 Ann M. Young, 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 Richard F. Cole Thomas S. Elleman Atomic Safety and Licensing Board Panel ASLBP Mail Stop - T-3 F23 704 Davidson Street U.S. Nuclear Regulatory Commission Raleigh, NC 27609-5543 Washington, DC 20555-0001 Ann P. Hodgdon, Esq. Nancy Burton, Esq.
Brooke G. Smith, Esq. 147 Cross Highway Office of the General Counsel Redding Ridge, CT 06876 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-336-OLA-2 LB ORDER (REGARDING PROVISION OF LICENSE AMENDMENT APPLICATION AND FILING REQUIREMENTS)
Lillian M. Cuoco, Esq. David A. Repka, Esq.
Senior Nuclear Counsel Brooke D. Poole, Esq.
Millstone Power Station Winston & Strawn Rope Ferry Road 1400 L Street, NW Waterford, CT 06385 Washington, DC 20005
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 16th day of January 2003