ML032250262
| ML032250262 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 08/12/2003 |
| From: | Angela Coggins NRC/OGC |
| To: | NRC/OCM |
| Byrdsong A T | |
| 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 6717 | |
| Download: ML032250262 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 6717 DOCKETED 08/12/03 BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY
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50-328-CivP; 50-259-CivP (Watts Bar Nuclear Plant, Unit 1
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50-260-CivP; 50-296-CivP Sequoyah Nuclear Plant, Units 1 & 2
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50-260-CivP; 50-296-CivP Browns Ferry Nuclear Plant, Units 1,2 &3) )
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ASLBP No. 01-791-01-CivP
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EA 99-234 NRC STAFFS RESPONSE TO NUCLEAR ENERGY INSTITUTES MOTION FOR LEAVE TO FILE AN ANSWER IN SUPPORT OF COMMISSION REVIEW OF INITIAL DECISION IN LBP-03-10 Angela B. Coggins Counsel for NRC Staff August 12, 2003
August 12, 2003 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY
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50-328-CivP; 50-259-CivP (Watts Bar Nuclear Plant, Unit 1
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50-260-CivP; 50-296-CivP Sequoyah Nuclear Plant, Units 1 & 2
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50-260-CivP; 50-296-CivP Browns Ferry Nuclear Plant, Units 1,2 &3) )
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ASLBP No. 01-791-01-CivP
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EA 99-234 NRC STAFFS RESPONSE TO NUCLEAR ENERGY INSTITUTES MOTION FOR LEAVE TO FILE AN ANSWER IN SUPPORT OF COMMISSION REVIEW OF INITIAL DECISION IN LBP-03-10 INTRODUCTION Pursuant to the 10 C.F.R. § 2.730(c) of the Commissions regulations, the Staff now responds to Request of the Nuclear Energy Institute For Leave to File an Answer in Support of Commission Review of Initial Decision in LBP-03-10" (hereinafter NEI Motion). As more fully explained below, although the Nuclear Energy Institutes (NEI) Motion cannot be granted, Staff has previously stated it does not object to Commission review in this instance.
BACKGROUND On February 7, 2000, the NRC Staff (Staff) issued to the Tennessee Valley Authority (TVA) a Notice of Violation and Proposed Imposition of Civil Penalty (NOV) in the amount of
$110,000. The NOV was premised upon TVAs non-selection of Mr. Gary Fiser, a former TVA employee, to a competitive position due, in part, to Mr. Fisers having engaged in protected activity, as proscribed by 10 C.F.R. § 50.7. Following TVAs continued denial of the violation, on May 4, 2001, the Staff issued an Order Imposing Civil Monetary Penalty. 66 Fed. Reg. 27,166 (May 16, 2001). On June 1, 2001, TVA requested a hearing on the enforcement order and on June 28, 2001, the Board granted TVAs hearing request. Evidentiary hearing sessions were held in Chattanooga, Tennessee on April 23-26 and 30, 2002; May 1-3, and 6-9, 2002; June 11-14, and 17-20, 2002; and in Rockville, Maryland on September 9-13, 2002. The evidentiary record was closed on October 24, 2002. On June 26, 2003, in the Boards Initial Decision, the majority of the Board found in favor of the Staff that a violation of 10 C.F.R. § 50.7 occurred and sustained the penalty, in part. See Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 1; Sequoyah Nuclear Plant, Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2 & 3), LBP-03-10, 57 NRC,
slip op. at 2. On July 16, 2003, TVA petitioned for Commission review of the Boards Initial Decision in LBP-03-10 pursuant to 10 C.F.R. § 2.786(b). See Tennessee Valley Authoritys Petition for Review of Initial Decision in LBP-03-10" (hereinafter TVAs Petition) filed July 17, 2003. The Staff responded to TVAs Petition noting that while the Staff believes the Boards findings are clearly supported by the evidence and precedents before it, the Staff did not object to Commission review. See NRC Staffs Response to Tennessee Valley Authoritys Petition for Review of Initial Decision in LBP-03-10" filed July 25, 2003. Subsequently, on July 28, 2003, the Nuclear Energy Institute filed both a request for leave to file an answer in support of TVAs Petition for Review and its Answer in support of TVAs Petition. The Staff now responds to NEIs Motion.
ARGUMENT In its Motion for leave to file an answer in support of TVAs Petition, NEI avers that while it was not a party in the proceeding before the Licensing Board, it participated as amicus curiae in support of TVAs challenge to the proposed enforcement action and attendant civil penalty, and thus requests to file an answer supporting TVAs Petition. See TVA Motion at 2. While the Staff has previously noted that it does not object to Commission review of LBP-03-10, the Commissions rules contemplate amicus curiae briefs only after the Commission grants a petition for review, and do not provide for amicus briefs supporting or opposing petitions for review. See 10 C.F.R.
§ 2.715(d); see also Louisiana Energy Services, L.P. (Claiborne Enrichment Center), CLI-97-7, 45 NRC 437,438-439 (1997). Accordingly, while the Staff does not object to Commission review of LBP-03-10, the Commissions rules do not support NEIs Motion for leave to file an answer to TVAs Petition. Therefore, NEIs Motion should be denied and its Answer, filed simultaneously, should not be further considered.
The Staff additionally notes that, should the Commission grant review of LBP-03-10 and invite NEI to participate as amicus curiae, NEIs previous participation in this proceeding has been limited to legal interpretation only and it has not participated in the development of any factual material. See LBP-03-10, 57 NRC, slip op. at 9. Consequently, the Staff submits that any future participation by NEI should also be limited accordingly.
CONCLUSION For the foregoing reasons, the Staff, as previously indicated, would not object to Commission review of LBP-03-10. However, the Staff submits that Commission rules do not allow for NEIs Motion for leave to file an answer in support of TVAs Petition and therefore, NEIs Motion should be denied and NEIs Answer, filed simultaneously, should not be further considered.
Respectfully submitted,
/RA/
Angela B. Coggins Counsel for NRC Staff Dated at Rockville, Maryland this 12th day of August, 2003
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY
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50-328-CivP; 50-259-CivP (Watts Bar Nuclear Plant, Unit 1
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50-260-CivP; 50-296-CivP Sequoyah Nuclear Plant, Units 1 & 2
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50-260-CivP; 50-296-CivP Browns Ferry Nuclear Plant, Units 1,2 &3) )
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ASLBP No. 01-791-01-CivP
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EA 99-234 NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter. In accordance with 10 C.F.R. § 2.713(b), the following information is provided:
Name:
Angela B. Coggins Address:
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15D21 Washington, D.C. 20555 Telephone:
301-415-1574 Facsimile:
301-415-3725 E-Mail Address:
abc1@nrc.gov Admissions:
Louisiana North Carolina Name of Party:
NRC Staff Respectfully submitted,
/RA/
Angela B. Coggins Counsel for NRC Staff Dated at Rockville, Maryland this 12th day of August, 2003
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-390-CivP; 50-327-CivP; TENNESSEE VALLEY AUTHORITY
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50-328-CivP; 50-259-CivP;
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50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1;
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Sequoyah Nuclear Plant, Units 1 & 2
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ASLBP No. 01-791-01-CivP Browns Ferry Nuclear Plant, Units 1, 2, 3)
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EA 99-234 CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS RESPONSE TO NUCLEAR ENERGY INSTITUTES MOTION FOR LEAVE TO FILE AN ANSWER IN SUPPORT OF COMMISSION REVIEW OF INITIAL DECISION IN LBP-03-10 and NOTICE OF APPEARANCE of Angela B.
Coggins in the above-captioned proceeding have been served on the following by deposit in the United States mail; through deposit in the Nuclear Regulatory Commissions internal system as indicated by an asterisk (*), or by electronic mail as indicated by a double asterisk (**) on this 12th day of August, 2003.
Administrative Judge Charles Bechhoefer, Chairman*, **
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, D.C. 20555 cxb2@nrc.gov Administrative Judge Ann Marshall Young*, **
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, D.C. 20555 amy@nrc.gov Office of the Secretary *, **
ATTN: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 hearingdocket@nrc.gov Administrative Judge Richard F. Cole*, **
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, D.C. 20555 rfc1@nrc.gov Thomas F. Fine **
Brent R. Marquand **
John E. Slater **
Barbara S. Maxwell **
Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37901-1401 tffine@tva.gov; brmarquand@tva.gov jeslater@tva.gov bsmaxwell@tva.gov Office of Commission Appellate Adjudication*
U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 David Repka Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005
/RA/
Angela B. Coggins Counsel for NRC Staff