ML051050291
| ML051050291 | |
| Person / Time | |
|---|---|
| Site: | Millstone, 05000236 |
| Issue date: | 04/15/2005 |
| From: | Mike Farrar Atomic Safety and Licensing Board Panel |
| To: | |
| Rebecca Giitter | |
| References | |
| 05-837-01-LR, 50-336, 50-423, RAS 9856 | |
| Download: ML051050291 (4) | |
Text
UNITED STATES OF AMERICA RAS 9856 NUCLEAR REGULATORY COMMISSION DOCKETED 04/15/05 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
SERVED 04/15/05 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, April 15, 2005 Units 2 and 3)
MEMORANDUM OF CONFERENCE CALL As contemplated by our Notice of March 31, 2005, the Board conducted a two-hour telephonic prehearing conference earlier this week, on Tuesday, April 12. During the conference, counsel for all three participants -- the Petitioner County of Suffolk, the licensee/applicant Dominion, and the NRC Staff -- ably presented their views on the procedural and substantive matters, relating to the Countys belated Petition for Intervention, about which the Board was seeking clarification.
Partway through the conference (see Tr. at 43-44, 51 et seq.), it appeared from the parties presentations that all three -- while holding disparate views on many aspects of the legitimacy of the pending petition -- might hold common views on certain values underlying the petition, i.e., on the benefits that could be achieved by the establishment of a long-term working relationship centered on their mutual interest in well-conceived emergency plans protecting residents not just of southeastern Connecticut but also of areas of Suffolk County. Seeing that commonality, the Board suggested that the parties utilize the pending dispute as a springboard for establishing just such a relationship (see, e.g., Tr. at 57-58).
In that regard, the Board noted that two of its members are currently facing obligations in another proceeding that involve more pressing priorities than are presented by this stage of
2 Millstone.1 Because they will thus not be able to turn immediately to the pending Millstone matters, the Board suggested (Tr. at 89-90) that no decisional delay would be incurred were the parties to attempt in the next three weeks to agree upon a Memorandum of Understanding, or other similar arrangement, that would not only guide the resolution of any current controversy among them but would, more importantly, provide a framework for cooperative solutions of similar emergency planning matters that might arise over the coming years and even decades (if the sought-after license renewals are granted) of operation of the Millstone reactors.
Given the parties receptivity to the Boards suggestion, the decisional timing, and the Commissions emphasis on the value of settlements (10 C.F.R. § 2.338), the Board indicated it would hold the matters before it in abeyance pending receipt by Friday, May 6, 2005 of a progress report on the parties discussions (see Tr. at 90). If those discussions are ultimately successful, the now-pending matters could then be dismissed by agreement, with the short-term-focused adjudication thus terminated in favor of long-term non-adjudicatory solutions.
It appeared that the parties might well be able to resolve this matter on their own. The Board nonetheless reminded them (Tr. at 91) of their opportunity jointly to seek, pursuant to 10 C.F.R. § 2.338(b), the appointment of a Settlement Judge to facilitate their discussions.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Rockville, Maryland By Michael C. Farrar, Chairman April 15, 2005 ADMINISTRATIVE JUDGE Copies of this Memorandum were sent this date by Internet e-mail transmission to counsel for Applicant Dominion, Petitioner County, and the NRC Staff.
1 See Tr. at 89, referring to Private Fuel Storage (Independent Spent Fuel Storage Installation), Docket # 72-22-ISFSI, in which lengthy oral argument was held on April 6 on the State of Utahs March 7 Motion for Reconsideration of that Boards February 24 Partial Initial Decision (unpublished because of its Safeguards aspects) on the last issue remaining before it, that of F-16 Aircraft Accident Consequences.
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 MEMORANDUM 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 MEMORANDUM 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 Pillsbury Winthrop 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 Rebecca L. Giitter]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 15TH day of April 2005