ML051400305

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Millstone Units 2 & 3 - NRC Staff'S Second Status Report
ML051400305
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 05/20/2005
From: Poole B
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
Giitter R
References
ASLBP 05-837-01-LR, RAS10004
Download: ML051400305 (4)


Text

May 20, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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

)

(Millstone Power Station, Units 2 & 3) ) ASLBP No. 05-837-01-LR NRC STAFFS SECOND STATUS REPORT INTRODUCTION On May 6, 2005, the participants in this proceeding informed the Atomic Safety and Licensing Board (Licensing Board) that efforts were under way to hold a meeting, in the context of settlement, to discuss the issues raised by petitioner County of Suffolk (the County) in this matter. In its Memorandum of May 11, 2005, the Licensing Board directed the participants to continue settlement efforts, and to inform the Licensing Board as to the date of the meeting in order to convene a conference call thereafter.

DISCUSSION On May 18, 2005, representatives of the County, Dominion Nuclear Connecticut, Inc.

(Dominion), and the NRC Staff1 attended a closed settlement meeting. The meeting provided an opportunity for an exchange of information and discussion with the County regarding its concerns associated with emergency preparedness for the Millstone Power Station. Although the meeting provided a forum for an open and useful dialogue, the participants did not settle the issues raised by the County in its Petition.

As stated in its May 6, 2005 Status Report,2 the Staff considers its interactions with the 1

At the request of the NRC Staff, representatives of the Federal Emergency Management Agency and the New York State Emergency Management Office also attended the meeting.

2 See NRC Staffs Status Report, dated May 6, 2005.

County on emergency preparedness issues as relating to performance of the NRCs ongoing regulatory processes. While the Staff is committed to interact with the County and Dominion on these issues as necessary, the Staff continues to believe that the Countys late-filed petition to intervene is fatally flawed from a procedural standpoint and, moreover, raises issues which are clearly outside the scope of this license renewal proceeding. As such, the Staff renews its request that the Licensing Board lift its stay regarding this matter and decide the issues briefed by the participants.

Respectfully submitted,

/RA/

Brooke D. Poole Counsel for NRC Staff Dated at Rockville, Maryland this 20th day of May 2005

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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

)

(Millstone Power Station, Units 2 & 3) ) ASLBP No. 05-837-01-LR CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFFS SECOND STATUS REPORT in the captioned proceeding have been served on the following through electronic mail and with copies by deposit in the NRCs internal mail system, or through electronic mail with copies by deposit in the U.S. Postal Service as indicated by an asterisk, this 20th day of May, 2005:

Michael C. Farrar, Chief Alan S. Rosenthal, Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: mcf@nrc.gov E-mail: RSNTHL@comcast.net Peter S. Lam, Administrative Judge Office of the Secretary Atomic Safety and Licensing Board Panel ATTN: Rulemaking and Adjudications Staff Mail Stop: T-3F23 Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: psl@nrc.gov E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Lillian M. Cuoco, Esq.*

Adjudication Senior Nuclear Counsel Mail Stop: O-16C1 Millstone Power Station U.S. Nuclear Regulatory Commission Building 475/5 Washington, DC 20555-0001 Rope Ferry Road (Route 156)

Waterford, CT 06385 E-mail: Lillian_Cuoco@dom.com

David R. Lewis, Esq.* Christine Malafi, Esq.*

Matias F. Travieso-Diaz, Esq.* Jennifer Kohn, Esq.*

Timothy J.V. Walsh, Esq.* Suffolk County Attorney Shaw Pittman, LLP H. Lee Dennison Building, 6th Floor 2300 N St., NW P.O. Box 6100 Washington, DC 20037-1128 100 Veterans Memorial Highway E-mail: david.lewis@shawpittman.com Hauppage, NY 11788 matias.travieso-diaz@shawpittman.com E-mail:

timothy.walsh@shawpittman.com Christine.Malafi@suffolkcountyny.gov jennifer.kohn@suffolkcountyny.gov

/RA/

Brooke D. Poole Counsel for NRC Staff