ML052160320
| ML052160320 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/04/2005 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| Byrdsong A T | |
| References | |
| 50-336-LR, 50-423-LR, RAS 10235 | |
| Download: ML052160320 (4) | |
Text
1 See, e.g., Exelon Generation Co. (Early Site Permit for Clinton ESP Site), CLI-05-9, 61 NRC 235, 236 (2005); Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), CLI-04-11, 59 NRC 203, 209 (2004); Private Fuel Storage, L.L.C. (ISFSI), CLI-01-12, 53 NRC 459, 461 (2001).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 10235 DOCKETED 08/04/05 COMMISSIONERS SERVED 08/04/05 Nils J. Diaz, Chairman Jeffrey S. Merrifield Gregory B. Jaczko Peter B. Lyons
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In the Matter of
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DOMINION NUCLEAR CONNECTICUT, INC.
) Docket Nos. 50-336-LR & 50-423-LR (Millstone Nuclear Power Station, Units 2 and 3)
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CLI-05-18 MEMORANDUM AND ORDER On July 20, 2005, the Licensing Board in this case issued a Memorandum and Order.
LBP-05-16, 62 NRC ___. The Board order concluded that Suffolk Countys tardiness in submitting its petition to intervene was excusable under the late-filing standards of 10 C.F.R.
§ 2.309(c). Additionally, the Board found no basis to exclude the County from participation under the contention requirements of 10 C.F.R. § 2.309(f). The Board also certified to the Commission the question whether to grant Suffolk Countys request for an exemption from (or waiver of) 10 C.F.R. § 50.47(a)(1) (which provides that emergency planning issues are not germane to license renewal determinations). Today we grant review of that certified question.
In doing so, we follow our customary practice of accepting Board-certified questions.1 2 Chairman Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Chairman Diaz, however, had previously voted to approve this Memorandum and Order and had he been present he would have affirmed his prior vote.
We also intend to consider, sua sponte, three other questions -- (1) whether Suffolk County's late-filed contention was admissible under the criteria for considering late-filed pleadings and contentions set out in 10 C.F.R. § 2.309(c); (2) whether Suffolk Countys contention regarding emergency planning satisfied the contention requirements in 10 C.F.R.
§ 2.309(f); and (3) whether, under the circumstances of this case, the Board properly postponed its contention-admissibility decision pending settlement talks.
We solicit the views of the adjudications participants on these three questions, plus the certified question. To this end, we establish the following filing schedule. No later than August 18, 2005, the Staff, licensee and petitioner may file initial briefs, each of which may not exceed 25 pages, exclusive of the tables of contents and authorities (both of which we require). No later than August 25, 2005, the Staff, licensee and petitioner may file response briefs, each of which may not exceed 10 pages and need not include tables of contents and authorities. Each participant should ensure that we receive each of its briefs no later than 4:15 p.m. on the due date.
For the Commission2
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 4th day of August, 2005.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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DOMINION NUCLEAR
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Docket Nos. 50-336-LR and CONNECTICUT, INC.
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50-423-LR
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(Millstone Nuclear Power Station,
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Unit Nos. 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER (CLI-05-18) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution, with copies by electronic mail as indicated.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Michael C. Farrar, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mcf@nrc.gov Administrative Judge Alan S. Rosenthal Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rsnthl@comcast.net Administrative Judge Peter S. Lam Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 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 - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: bdp@nrc.gov Nancy Burton, Esq.
147 Cross Highway Redding Ridge, CT 06876 E-mail: nancyburtonesq@aol.com
2 Docket Nos. 336/423-LR COMMISSION MEMORANDUM AND ORDER (CLI-05-18)
Lillian M. Cuoco, Esq.
Senior Nuclear Counsel Dominion Resources Services, Inc.
Rope Ferry Road 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 ShawPittman, LLP 2300 N Street, NW Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com; matias.travieso-diaz@pillsburylaw.com; timothy.walsh@pillsburylaw.com Christine Malafi, Esq.
Suffolk County Attorney H. Lee Dennison Building, 6th Floor P.O. Box 6100 100 Veterans Memorial Highway Hauppage, NY 11788 E-mail: christine.malafi@suffolkcountyny.gov
[Original signed by Adria T. Byrdsong]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 4th day of August 2005