ML051330193
| ML051330193 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/10/2005 |
| From: | Malafi C Suffolk County, NY, Office of the County Executive |
| To: | NRC/SECY/RAS |
| Giitter RL | |
| References | |
| ASLBP 05-837-01-LR, RAS 9962 | |
| Download: ML051330193 (9) | |
Text
- f WAS 9e4 COUNTY OF SUFFOLK DOCKETED USNRC May 10, 2005 (3
- 48pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF STEVE LEVY SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO:
MUNICIPAL LAW BUREAU (631) 853-4049 May 10, 2005 Office of the Secretary U.S. Nuclear Regulatory Commission Sixteenth Floor, One White Flint North 11555 Rockville Pike Rockville, MD 20852 Attn: Rulemakings and Adjudication Staff Re: Dominion Nuclear Connecticut, Inc.
(Millstone Nuclear Power Station, Units 2 &3)
Docket Nos.: 50-336 & 50-423 Honorable Sir/Madam:
Please accept for filing the enclosed Letter, dated May 10, 2005, submitted on behalf of the County of Suffolk, State of New York. An original and two copies are enclosed.
The Affidavit of Service is attached.
Thank you for your attention to this matter.
Very truly yours, CHRISTINE MALAFI Suffolk County Attorney y-}Jennifer B. Kohn, Assistant County Attorney cc: Office of the Commission Appellate Adjudication, U.S.N.R.C.
Michael C. Farrar, Chief Alan S. Rosenthal, Administrative Judge Peter S. Lam, Administrative Judge
'Tep I = 'S--c -. 0 3'° LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. P.O. BOX 6100 (631)853-4049 100 VETERANS MEMORIAL HIGHWAY + HAUPPAUGE, NY 11788-0099 + TELECOPIER(631)853-5169
Lillian M. Cuoco, Esq.
David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Timothy J.V. Walsh, Esq.
Brooke D. Poole, Esq.
COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO:
(631) 853-4049 May 10, 2005 Michael C. Farrar, Chief Peter S. Lam, Administrative Judge Alan S. Rosenthal, Administrative Judge Atomic Safety & Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: In the Matter of Dominion Nuclear Connecticut Inc.
(Millstone Power Station, Units 2 & 3)
Docket Nos. 50-336, 50-423, ASLBP No. 05-837-01-LR Honorable Sirs:
This letter responds to the requests by Dominion and the NRC Staff that the Atomic Safety and Licensing Board rule on Suffolk County's Petition, and not hold the ruling in abeyance pending proposed discussions. In the Conference Call on April 12, 2005, the Board requested that the:
[P]arties ... 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.
I DominionNuclear Connecticut, Inc. (Millstone Power Station, Units 2 & 3), Memorandum of Conference call (April 15, 2005), slip op. at 2.
LOCATION MAIUNG ADDRESS H. LEE DENNISON BLDG. P.O. BOX 6100 (631) 853-4049 100 VETERANS MEMORIAL HIGHWAY + HAUPPAUGENY 11788-0099 + TELECOPER (631) 853-5169
Page 2 May 10, 2005 Michael C. Farrar, Chief This worthy goal has not been accomplished due to scheduling difficulties that were not the fault of the County. While Dominion and the NRC staff state that they are committed to meeting with the County, the County feels that the request by the Board gives the parties added incentive to ensure that the meeting takes place.
Dominion and the NRC staff also suggest that any further intervention by the Board in the proposed discussions is inappropriate and beyond the scope of the Board. The County disagrees with this contention. 10 C.F.R. §2.338, which encourages the fair and reasonable settlement and resolution of issues in dispute, authorizes the Board to encourage these discussions. Carolina Power and Light Company (Shearon Harris Nuclear Power Plant, Units 1,2,3, and 4), 11 N.R.C. 514 (1980), cited by Dominion's counsel, is inapposite, because the Board is neither directing the NRC Staff on how to perform its administrative functions nor ordering it to conduct a hearing. The Board is seeking to resolve the dispute. Furthermore, contrary to the assertions by opposing Counsel, it is for the Board to determine whether or not relief can be granted, and whether the matter of evacuation should be considered herein. The matters raised by the County are within the scope of the proceeding because one of its purposes is to:
produce an informed adjudicatory record that supports agency decision making on matters related to the NRC's responsibilities for protecting public health and safety, the common defense and security, and the environment. 2 The proposed discussions are within the parameters of this objective, and support the statutory goal of protecting public safety. See, 42 U.S.C. §2012(d), (e), (f) and 42 U.S.C. §2013(d).
Finally, there will be no unfairness to the applicant by having the Board set a new reporting date because a final Commission decision on this license renewal is not expected until 7/22/06, and the licenses to be renewed do not expire until ten (10) and twenty (20) years from now.
For all of the above reasons, the County respectfully requests the Atomic Safety and Licensing Board Panel to set a new reporting date and to continue to encourage 2 Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18, 1998 NRC LEXIS 86 at *2
Page 3 May 10, 2005 Michael C. Farrar, Chief settlement discussions regarding the important public safety issues. Ruling on the County's motion at this time would take away the parties' incentive to continue these discussions.
Very truly yours, Christine Malafi Suffolk County Attorney By: JenniferB.Kohn, Assistant County Attorney c7.iceo ce of the Commission Appellate Adjudication, U.S.N.R.C.
Michael C. Farrar, Chief Alan S. Rosenthal, Administrative Judge Peter S. Lam, Administrative Judge Lillian M. Cuoco, Esq.
David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Timothy J.V. Walsh, Esq.
Brooke D. Poole, Esq.
HA\MUNLAW\JBK\Litigation 3\Millstone - Letter to Chief -May 9, 2005.doc
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the matter of:
DOMINION NUCLEAR CONNECTICUT, INC. AFFIDAVIT OF SERVICE (Millstone Nuclear Power Station, Units 2 and 3)
Docket Nos. 50-336, 50-423 STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
The undersigned, being duly sworn, deposes and says: she is over the age of 18 years and associated with the Suffolk County Attorney. That on the 1 0 th day of May, 2005 she served the within LETTER, dated May 10, 2005, upon those set forth herein by depositing a true copy thereof enclosed in a post-paid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Where E-mail addresses are indicated, the individual or office was also served by electronic mail.
Angela M. taudadio Sworn to before me this 1 0 th day of May, 2005 otary Public JOAN T. KRONE Notary Public, State of New York Qualified in Suffolk County No. 4765275 Commission Expires March 30, .2VG'4
Michael C. Farrar, Chief Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mcfgnrc.gov Alan S. Rosenthal, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: RSNTHL~comcast.net Peter S. Lam, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: pslenrc.gov Office of the Secretary ATTN: Rulemaking and Adjudications Staff Mail Stop: 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Adjudication Mail Stop: 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Lillian M. Cuoco, Esq.
Senior Nuclear Counsel Millstone Power Station Building 475/5 Rope Ferry Road (Route 156)
Waterford, CT 06385 E-mail: Lillian Cuoco~dom.com David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Timothy J.V. Walsh, Esq.
Pillsbury Winthrop Shaw Pittman LLP 2300 N St., NW Washington, DC 20037-1128 E-mail: david.lewisftillsburylaw.com
matias.travieso-diaz(apillsburvlawv.com timothy.walsh(epillsburylaw.com Brooke D. Poole, Esq.
Office of the General Counsel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: bdp~nrc.gov H:AMUNLAW\BK\Litigation 3\Millstone - Affid. of Service - May 9, 2005.doc
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of:
DOMINION NUCLEAR CONNECTICUT, INC.
(Millstone Nuclear Power Station, Units 2 and 3)
PETITION FOR LATE INTERVENTION of the COUNTY OF SUFFOLK of the STATE OF NEW YORK Docket Nos. 50-336, 50-423 LETTER with AFFIDAVIT of SERVICE Submitted by:
Christine Malafi Suffolk County Attorne H. Lee Dennison Building, 6' floor P.O. Box 6100 100 Veterans Memorial Highway Hauppauge, New York 11788 (631) 853-4049