ML042740526
| ML042740526 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 09/23/2004 |
| From: | Marquand B, Sara Mcandrew, Slater J NRC/OGC, Tennessee Valley Authority |
| To: | Atomic Safety and Licensing Board Panel |
| 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 8561 | |
| Download: ML042740526 (5) | |
Text
1 See CLI-04-24. August 18, 2004.
2 The exhibits admitted in this proceeding comprise thousands of pages of documents and the hearing generated nearly 6000 pages of transcripts.
September 23, 2004 RAS 8561 DOCKETED 10/01/04 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos.
50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY
)
50-328-CivP; 50-259-CivP
)
50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1
)
Sequoyah Nuclear Plant, Units 1 & 2
)
ASLBP No.
01-791-01-CivP Browns Ferry Nuclear Plant, Units 1, 2 & 3
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)
EA-99-234 JOINT MOTION FOR EXTENSION INTRODUCTION The Tennessee Valley Authority (TVA) and Nuclear Regulatory Commission (NRC) Staff (Staff) respectfully and jointly request an extension of time for the parties to respond to the Memorandum and Order (Order) issued by the Atomic Safety Licensing Board (Board) in this matter, dated September 15, 2004. In its Order, the Board directed that the parties provide their initial responses to questions remanded by the Commission1 by October 8, 2004, and responses by October 22, 2004. For reasons discussed below, TVA and the Staff request that their initial views on the remanded matters be due on November 8, 2004, and their respective responses on December 6, 2004.
DISCUSSION The two attorneys who represented the Staff in the hearing in this matter and are the most knowledgeable about the extensive record developed in this proceeding2 are not available to participate in further proceedings. The newly assigned attorney for the Staff has no prior knowledge of this matter. Considerable time is required for this attorney to review the sizable case file and meet with staff before drafting the briefs on behalf of the Staff and otherwise providing counsel.
Trial counsel for TVA, Brent R. Marquand and John E. Slater, have other previously scheduled responsibilities that need their attention between now and October 8, 2004, and beyond.
Both attorneys are involved in the preparation of major appellate and trial briefs and both attorneys have significant trials scheduled in the near term that would interfere with their preparation of briefs in this proceeding.
Further, the parties believe that considerable time will be needed to undertake legal research on the standards enunciated by the Commission to properly brief and provide meaningful answers to the questions on remand as requested by the Board, especially in light of the extensive record that provides the framework.
An additional basis to extend the briefing schedule is the fact that the Staff and TVA have agreed to explore the possibility of settlement and are discussing a framework in which to conduct negotiations. An extension of time would provide the parties an opportunity to engage in meaningful discussions that may resolve this matter without further litigation. The parties are considering utilizing the new Alternative Dispute Resolution (ADR) process that is part of the revised Enforcement Policy. 69 FR 50219 (August 13, 2004). This ADR process was not available to the parties prior to the hearing in this matter and is a vehicle that may be useful in resolving it.
Moreover, if settlement negotiations are successful, the need for briefs and further proceedings in this matter will be obviated, resulting in judicial economy and conservation of resources for the Board and the parties.
CONCLUSION For the reasons stated above, the parties jointly request an extension of the briefing schedule with main briefs due to be served by November 8, 2004 and reply briefs to be served by December 6, 2004.
Respectfully Submitted,
/RA Sara McAndrew for and with permission of/
Brent R. Marquand John E. Slater Counsel for Tennessee Valley Authority
/RA/
Sara McAndrew Counsel for NRC Staff Dated at Rockville, Maryland this 23rd day of September, 2004
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos.
50-390-CivP; 50-327-CivP TENNESSEE VALLEY AUTHORITY
)
50-328-CivP; 50-259-CivP
)
50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1
)
Sequoyah Nuclear Plant, Units 1 & 2
)
ASLBP No.
01-791-01-CivP Browns Ferry Nuclear Plant, Units 1, 2 & 3
)
)
EA-99-234 CERTIFICATE OF SERVICE I hereby certify that copies of JOINT MOTION FOR EXTENSION 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 23rd day of September, 2004.
Administrative Judge * **
Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, D.C. 20555 E-mail: 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 E-mail: amy@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 E-mail: tffine@tva.gov; brmarquand@tva.gov; jeslater@tva.gov; bsmaxwell@tva.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 E-mail: rfc1@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 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 1101 Market Street Chattanooga, TN 37402-2801 Ellen C. Ginsberg **
Counsel for the Nuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, D.C. 20006-3708 Email: ecg@nei.org David Repka **
Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005 Email: drepka@winston.com
/RA/
Sara McAndrew Counsel for NRC Staff