ML050900221

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LB Notice of Conference Call
ML050900221
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 03/31/2005
From: Mike Farrar
Atomic Safety and Licensing Board Panel
To:
Julian E
References
50-336-LR, 50-423-LR, ASLBP 05-837-01-LR, RAS 9670
Download: ML050900221 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 9670 DOCKETED 03/31/05 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

SERVED 03/31/05 Michael C. Farrar, Chairman Alan S. Rosenthal Dr. Peter S. Lam In the Matter of Docket Nos. 50-336 and 50-423 DOMINION NUCLEAR CONNECTICUT, INC. ASLBP No. 05-837-01-LR (Millstone Nuclear Power Station, March 31, 2005 Units 2 and 3)

NOTICE OF CONFERENCE CALL The County of Suffolk, New York -- areas of which extend considerably northeasterly toward Connecticut -- filed a Petition for Late Intervention in this NRC proceeding involving the application of Dominion Nuclear Connecticut for renewal of the operating licenses for two units of its Millstone nuclear plant, located near New London just north of Long Island Sound. A number of additional pleadings, timely filed/served and otherwise, have since been received, with the most recent one arriving a week ago, on March 24.

The Board believes that the timely resolution of this matter would be aided by convening a conference call among counsel for the County, Dominion, and the NRC Staff. That call will begin at 2:00 P.M. EDT on Tuesday, April 12, 2005, and should be concluded in two hours or less.

The Board is interested in obtaining from counsel certain additional information about the parties positions, without conducting a formal oral argument as such. In particular, the Board wishes to hear, initially from Dominion and the Staff, counsels view of the applicability here of the West Valley series of decisions (cited by the County as involving a situation

2 analogous to its own), given the circumstances and timing of this case.1 The Board also wishes to hear, initially from the County, about the meaning and import (in terms of the applicable regulatory factors) of the following declaration in the Countys March 10 Reply Brief (p. 11):

[T]hese issues should be considered and the problems rectified whether or not the County intervenes in the proceeding. Suffolk County will use all means at its disposal to have this correction of deficiencies occur.

Thus, the cost to Dominion and any cost to the N.R.C. will be a factor regardless of whether this petition is granted.

In addition, the Board will entertain any other matters the parties believe should be addressed at this juncture. The Board will want to conclude the conference by setting a timetable for resolving the pending issues that reflects the status of the case and other priorities.

Those planning to participate in the conference should -- no later than Thursday, April 7

-- advise the Boards staff, in the manner to be set out in the electronic message transmitting this Notice to them, of the names of each partys representatives. That transmittal message will also inform them of the phone number to call, and the code to enter, to participate in the conference.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Rockville, Maryland By Michael C. Farrar, Chairman March 31, 2005 ADMINISTRATIVE JUDGE Copies of this Notice were sent this date by Internet e-mail transmission to counsel for Applicant Dominion, Petitioner County, and the NRC Staff.

1 See Nuclear Fuel Services (West Valley Reprocessing Plant), LBP-75-04, 1 NRC 89 (1975), affirmed, ALAB-263, 1 NRC 208 (1975), reversed, CLI-75-04, 1 NRC 273 (1975).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

DOMINION NUCLEAR ) Docket Nos. 50-336-LR and CONNECTICUT, INC. ) 50-423-LR

)

)

(Millstone Nuclear Power Station, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB NOTICE OF CONFERENCE CALL 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 Michael C. Farrar, 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 Alan S. Rosenthal Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Brooke D. Poole, Esq. Nancy Burton, Esq.

Office of the General Counsel 147 Cross Highway Mail Stop - O-15 D21 Redding Ridge, CT 06876 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket Nos. 50-336/423-LR LB NOTICE OF CONFERENCE CALL Lillian M. Cuoco, Esq. David R. Lewis, Esq.

Senior Nuclear Counsel Matias F. Travieso-Diaz, Esq.

Dominion Resources Services, Inc. Timothy J. V. Walsh, Esq.

Rope Ferry Road ShawPittman, LLP Waterford, CT 06385 2300 N Street, NW Washington, DC 20037-1128 Christine Malafi, Esq.

Suffolk County Attorney H. Lee Dennison Building, 6th Floor P.O. Box 6100 100 Veterans Memorial Highway Hauppage, NY 11788

[Original signed by Adria T. Byrdsong]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 31st day of March 2005