ML051330198
| ML051330198 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/06/2005 |
| From: | Doris Lewis Dominion Nuclear Connecticut, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Mike Farrar, Lam P, Rosenthal A Atomic Safety and Licensing Board Panel |
| Giitter RL | |
| References | |
| 50-336-LR, 50-423-LR, ASLBP 50-837-01-LR, RAS 9961 | |
| Download: ML051330198 (3) | |
Text
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Pillsbury Winthrop Shaw Pittman.,
2300 N Street, N.W.
Tel 202.663.8000 Washington, D.C. 20037-1128 Fax 202.663.8007
- www.illsburylaw.com David Lewis 202-663-8474 david-lewisepillsburylaw.com May 6, 2005 Administrative Judge Michael C. Farrar, Chairman Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Alan S. Rosenthal Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Dr. Peter S. Lam Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 DOCKETED USNRC May 6, 2005 (12:55pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Units 2 and 3)
Docket Nos. 50-336-LR. 50-423-LR: ASLBP No. 50-837-01-LR Gentlemen:
As requested by the Atomic Safety and Licensing Board ("Board") in its April 12, 2005 teleconference, Dominion Nuclear Connecticut Inc. ("Dominion") provides this report on the progress of discussions with Suffolk County and the NRC Staff towards a framework for cooperation and potential resolution of concerns. See Tr. at 90; Memorandum of Conference Call (Apr. 15, 2005) at 2. Dominion, Suffolk County and the NRC Staff have worked diligently and in good faith to schedule a meeting, but certain schedule conflicts by NRC participants did not allow this meeting to occur by May 6.
Consequently, the participants are working to reschedule the meeting for a later date.
Dominion remains willing to meet with Suffolk County and the NRC staff at any mutually convenient time and is always willing to listen to and discuss emergency planning concerns (or indeed, any other.concems) raised by a state or local government.
Dominion commits that it will meet with Suffolk County and the NRC Staff to discuss the County's concerns and potential coordination activities with respect to emergency response regardless of the Board's ruling on Suffolk County petition.
7T, M b°' 4e _ S E~cY- - CO 8 OI SEC'
Atomic Safety and Licensing Board May 6, 2005 Page 2 Suffolk County's letter dated May 5, 2005, requests permission from the Board to continue this process and asks the Board to select a new reporting date. Letter from J.
Kohn to ASLB (May 5, 2005). Dominion does not believe that any permission is necessary for the parties to meet and engage in discussions. Moreover, since the topic of emergency planning is outside the scope of this proceeding, and therefore beyond the jurisdiction of the Board, and Dominion has committed to meet in any event, it would be unnecessary and inappropriate for the Board to intervene further in NRC Staffs meetings and discussions with Dominion and Suffolk County on this topic. Carolina Power &
Light Co. (Shearon Harris Nuclear Power Plant, Units 1,2,3 and 4), CLI-89-12, 11 N.R.C. 514, 516-17 (1980) (adjudicatoryboards do not possess the authority to direct the staff in the performance of its administrative functions).
Dominion is concerned that Suffolk County's request for a new reporting date could be construed as suggesting that a ruling by the Board on its petition should be further delayed or held in abeyance. Because the matters raised by Suffolk County are unrelated to license renewal, and because there are no grounds for stay of the proceeding, there is no basis to hold a ruling on Suffolk's intervention petition in abeyance. The Board should not wait for completion of these discussions but should promptly rule on Suffolk County's intervention request. See Statement of Policy on Adjudicatory Proceedings, CLI-98-12, 48 N.R.C. 18, 19 (1998) (agency proceedings should be conducted efficiently and focus on issues germane to the proposed action; applicants are entitled to prompt resolution of disputes concerning their applications).
Sincerely, David R. Lewis Counsel for Dominion Nuclear Connecticut, Inc.
cc: Service list
Atomic Safety and Licensing Board May 6, 2005 Page 3 Service List
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secyenrc.gov, hearingdocketenrc.gov
- Administrative Judge Michael C. Farrar, Chairman Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 MCF@nrc.gov
- Administrative Judge Dr. Peter S. Lam Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: PSL@nrc.gov
- Brooke D. Poole, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdpgnrc.gov Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Administrative Judge Alan S. Rosenthal Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rsnthlgcomcast.net
- Christine Malafi, Esq.
Suffolk County Attorney
- Jennifer B. Kohn, Esq.
Assistant County Attorney H. Lee Denison Building 100 Veterans Memorial Highway Hauppage, New York 11787 Christine.Malafi@suffolkcountyny.gov Jennifer.Kohngsuffolkcountyny.gov
- Served by electronic mail and U.S mail Document #: 1477940 v.1