ML041310420
| ML041310420 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/03/2004 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-346-CO, ASLBP 04-825-01-CO, RAS 7705 | |
| Download: ML041310420 (4) | |
Text
1 In an additional April 29, 2004 filing, the petitioners clarified that NIRS, rather than its Reactor Watchdog Project Director Paul Gunter, is seeking to intervene in this proceeding.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 7705 DOCKETED 05/03/04 ATOMIC SAFETY AND LICENSING BOARD SERVED 05/03/04 Before Administrative Judges:
G. Paul Bollwerk, III, Chairman Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of FIRSTENERGY NUCLEAR OPERATING CO.
(Davis-Besse Nuclear Power Station, Unit 1)
Docket No. 50-346-CO ASLBP No. 04-825-01-CO May 3, 2004 ORDER (Granting Motion to Extend Time for Filing Reply)
Upon consideration of the April 29, 2004 motion of petitioners Michael Keegan, Donna Lueke, Joanne DiRando, and the Nuclear Information and Resource Service (NIRS)1 for an extension of time to file a 10 C.F.R. § 2.309(h)(2) reply to the April 23, 2004 responses of licensee FirstEnergy Nuclear Operating Company (FENOC) and the NRC staff to the petitioners March 29, 2004 hearing request objecting to the staffs March 8, 2004 immediately effective confirmatory order modifying the 10 C.F.R. Part 50 operating license for the Davis-Besse Nuclear Power Station, Unit 1, and there being on opposition thereto, it is ORDERED, that the petitioners April 29, 2004 time extension motion is granted in that they shall have up to and including Thursday, May 13, 2004, within which to file a reply to the FENOC and staff responses to their hearing petition.
Relative to the petitioners motion, we make the additional observation that, as the Commission noted in its recent Statement of Considerations accompanying the final rule on the 2 Copies of this order were sent this date by Internet e-mail transmission to counsel or the representative for (1) licensee FENOC; (2) the individual petitioners/NIRS; and (3) the staff.
revised 10 C.F.R. Part 2 procedural provisions that are applicable to this proceeding, a section 2.309(h)(2) reply should be narrowly focused on the legal or logical arguments presented in the applicant/licensee or NRC staff answer. 69 Fed. Reg. 2182, 2203 (Jan. 14, 2004).
FOR THE ATOMIC SAFETY AND LICENSING BOARD2
/RA/
G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland May 3, 2004
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
FIRSTENERGY NUCLEAR
)
Docket No. 50-346-CO OPERATING COMPANY
)
)
(Davis-Besse Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING MOTION TO EXTEND TIME FOR FILING REPLY) have been served upon the following persons by deposit in the 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 G. Paul Bollwerk, III, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Charles N. Kelber 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 Lisa B. Clark, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Terry J. Lodge, Esq.
316 N. Michigan St., Suite 520 Toledo, OH 43624-1627
2 Docket No. 50-346-CO LB ORDER (GRANTING MOTION TO EXTEND TIME FOR FILING REPLY)
Lew W. Myers Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760 Steven P. Frantz, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., NW Washington, DC 20004
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 3rd day of May 2004