ML040930079
| ML040930079 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/01/2004 |
| From: | Marco C NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-336-LR, 50-423-LR, ASLBP 04-824-01-LR, RAS 7540 | |
| Download: ML040930079 (5) | |
Text
RAS 7540 April 1, 2004 DOCKETED 04/02/04 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of )
)
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket Nos. 50-336, 50-423
)
(Millstone Nuclear Power Station, )
Units 2 and 3 ) )
)
NRC STAFFS UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO CONNECTICUT COALITION AGAINST MILLSTONES PETITION TO INTERVENE AND REQUEST FOR HEARING INTRODUCTION Pursuant to 10 C.F.R. § 2.323, the staff of the Nuclear Regulatory Commission (Staff) hereby moves the Atomic Safety and Licensing Board Panel (ASLBP) for an extension of time to respond to Connecticut Coalition Against Millstones (CCAMs) Petition to Intervene and Request for Hearing (Petition). Specifically, the Staff requests that the ASLBP grant the Staff an extension of time to respond to the Petition from twenty-five days after the date of filing of the Petition, to twenty-five days after the close of the 60-day period for filing a petition to intervene.
The Staffs response would address the Petition as well as any future supplement CCAM files within the period for filing a petition to intervene. Staff counsel certifies that it has contacted Dominion Nuclear Connecticut, Inc. (DNC) and CCAM and that DNC and CCAM do not oppose the Staffs request for an extension of time.
BACKGROUND On February 12, 2004, CCAM filed a Petition to Intervene and Request for a Hearing with regard to the renewal of the operating licenses held by DNC for the Millstone Nuclear Power Station, Units 2 and 3. On March 4, 2004, the Secretary of the Commission returned the Petition to CCAM, stating that since the NRC had not yet issued a notice of the proceeding and the
opportunity for a hearing there was not yet a proceeding in which CCAM could seek to intervene.
Subsequently, on March 12, 2004, the NRC published in the Federal Register the notice of opportunity for a hearing regarding the application for renewal of the Millstone Units 2 and 3 operating licenses. See 69 Fed. Reg. 11897 (March 12, 2004). On March 22, 2004, CCAM filed a Motion to Vacate NRC Secretary Determination of Petition Prematurity and to Accept Petition to Intervene and Request for Hearing as of Date of Filing and to Apply Old CFR Hearing Rules to Said Petition.
On the same date, CCAM resubmitted its Petition to Intervene and Request for Hearing.1 CCAM stated in its Petition that it intends to elaborate on the basis for the petition in its formal submission of contentions. Petition at 2. Since the Petition falls within the 60-day period for requesting a hearing, the Staff considers the March 22, 2004, Petition a timely request for a hearing. The Staffs response to CCAMs Petition is presently due to be filed on April 16, 2004.
DISCUSSION Pursuant to 10 C.F.R. § 2.309(h)(1), the Staff has twenty-five days after service of a request for a hearing to file an answer. However, CCAMs Petition itself reflects that it is incomplete and that an additional filing would be forthcoming. Specifically, the Petition states that CCAM will elaborate on the basis for the petition in its formal submission of contentions. Petition at 2. Furthermore, the Petition states that CCAM reserves the right to expand upon and supplement the contentions in the Petition. Id.
The Commission has recognized that its hearing requirements are meant to improve NRC hearings, limit unproductive litigation, and at the same time ease the burdens in hearing preparation and participation for all participants. 69 Fed. Reg. 2182, 2188 (Jan. 14, 2004). Since 1
The Petition filed on February 12th is identical in every respect to that resubmitted on March 22nd, including the date of filing (both are dated February 12, 2004).
CCAMs Petition suggests that a further supplement to its Petition will be filed and because there is substantial time remaining in the 60-day period to request a hearing and supplement contentions, requiring a response to the Petition within 25 days of service of the Petition would result in a fragmented approach to responding to CCAMs Petition and future supplements. This would not be an efficient or effective use of participants resources.
Accordingly, the Staff requests that the ASLBP grant an extension of time to permit the Staff to respond once to all the petitions for intervention, contentions, and supplements thereto submitted by CCAM during the 60-day period for requesting a hearing. This would extend the time for the Staffs response to the Petition from twenty-five days after the date of its filing, to twenty-five days after the close of the period for filing a petition to intervene, which ends on May 11, 2004. Therefore, the Staffs response date to the CCAM Petition and any future supplements thereto would be Monday, June 7th.
CONCLUSION For the foregoing reasons, the Staff moves to extend the time for responding to CCAMs Petition and any future supplements thereto filed within the 60-day notice period to twenty-five days after the 60-day notice period closes, or Monday, June 7th.
Respectfully submitted,
/RA/
Catherine L. Marco Counsel for NRC Staff Dated at Rockville, Maryland this 1st day of April, 2004
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of )
)
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket Nos. 50-336, 50-423
)
(Millstone Nuclear Power Station, )
Units 2 and 3 ) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO CONNECTICUT COALITION AGAINST MILLSTONES PETITION TO INTERVENE AND REQUEST FOR HEARING and NOTICE OF APPEARANCE in the above-captioned proceeding have been served on the following through electronic mail and with copies by deposit in the NRCs internal mail system, or through electronic mail with copies by deposit in the U.S. Postal Service as indicated by an asterisk, this 1st day of April, 2004:
Chief Administrative Judge Office of the Secretary G. Paul Bollwerk, III ATTN: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O 16C-1 Mail Stop: T 3F-23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-mail: HEARINGDOCKET@nrc.gov E-mail: gpb@nrc.gov Office of the Commission Appellate Lillian M. Cuoco, Esq.*
Adjudication Senior Nuclear Counsel Mail Stop: O 16C-1 Millstone Power Station U.S. Nuclear Regulatory Commission Building 475/5 Washington, D.C. 20555-0001 Rope Ferry Road (Route 156)
Waterford, Connecticut 06385 E-mail: Lillian_Cuoco@dom.com David R. Lewis, Esq.* Nancy Burton, Esq.*
ShawPittman, LLP 147 Cross Highway 2300 N St., NW Redding Ridge, CT 06876 Washington, DC 20037-1128 E-mail: nancyburtonesq@aol.com E-mail: david.lewis@shawpittman.com
/RA/
Catherine L. Marco Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of )
)
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket Nos. 50-336
) 50-423
)
(Millstone Nuclear Power Station, )
Units 2 and 3) )
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney enters an appearance in the above-captioned matter. In accordance with 10 C.F.R. § 2.304(e), the following information is provided:
Name: Catherine L. Marco Address: U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15D21 Washington, DC 20555 Telephone Number: (301) 415-3052 Fax Number: (301) 415-3725 E-mail Address: clm@nrc.gov Admissions: Commonwealth of Massachusetts The District of Columbia Name of Party: NRC Staff Respectfully submitted,
/RA/
Catherine L. Marco Counsel for NRC Staff Dated at Rockville, Maryland this 1st day of April 2004