ML052490355
| ML052490355 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 09/06/2005 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 05-842-03-LR, 50-255-LR, RAS 10410 | |
| Download: ML052490355 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 10410 DOCKETED 09/06/05 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 09/06/05 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Anthony J. Baratta Nicholas G. Trikouros In the Matter of Docket No. 50-255-LR, ASLBP No. 05-842-03-LR NUCLEAR MANAGEMENT COMPANY, LLC (Palisades Nuclear Plant) September 6, 2005 ORDER (Regarding Requests to Reschedule)
- 1. Petitioners in this proceeding, involving the application of Nuclear Management Company, LLC (Nuclear Managements or NMC) to renew the operating license for its Palisades Nuclear Plant for an additional twenty-year period commencing in 2011, have, on September 2, in response to an Order issued August 31, made the following requests:
Petitioners request to reschedule a telephone conference originally set for September 7, based on previously-scheduled depositions to be held that day by their lead attorney; they further request to reschedule oral argument originally scheduled for September 13-14, based on three previously-scheduled jury trials expected to be held September 13-15, 19-21, and 27-29 or 30; finally, they have also requested an extension of the deadline for any reply to the September 2 Answers of NMC and the NRC Staff to Petitioners Request for Hearing and Petition to Intervene. Petitioners have proposed various substitute dates for those scheduled in our August 31 Order. Applicant NMC opposes Petitioners requests. The NRC Staff did not respond to the Boards August 31 Order by the 12:00 deadline of this date set in that Order.
- 2. The Board finds Petitioners lead counsels September 7 depositions to be good cause, as provided at 10 C.F.R. §§ 2.307 and 2.332(b), for rescheduling the telephone conference for September 12, 2005, commencing at 1:30 p.m.; the parties will be notified of the
call-in numbers prior to September 12. The Board also finds lead counsels prior schedule of jury trials to be good cause to reschedule the oral argument previously set for September 13-14, and to grant an extension of an additional seven days, until September 16, for Petitioners reply. The Board finds good cause for resetting the previously-set dates under § 2.332(b),
based on Petitioners showing of appropriate due diligence and unavoidable circumstances, and, notwithstanding the Applicants and NRC Staffs failure to agree to the proposed changes, based on our finding that the resetting of dates will not have an undue effect on the overall progress of this proceeding and that such resetting is appropriate in order to provide Petitioners with a meaningful opportunity to be heard on their contentions.
- 3. At the September 12 telephone conference, in addition to addressing the matters previously described, dates for oral argument will be scheduled. All parties are advised to hold open the following dates for such argument: October 3-7 and 11-14, and November 3-4 and 7-8.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland 1
September 6, 2005 1
Copies of this Order were sent this date by Internet e-mail to all counsel or representatives for participants.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NUCLEAR MANAGEMENT COMPANY, LLC ) Docket No. 50-255-LR
)
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(Palisades Nuclear Plant) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING REQUESTS TO RESCHEDULE) 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 Ann Marshall Young, 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 Anthony J. Baratta Nicholas G. Trikouros 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 Darani M. Reddick, Esq. Terry J. Lodge, Esq.
Susan L. Uttal, Esq. 316 N. Michigan St., Ste. 520 Office of the General Counsel Toledo, OH 43624-1627 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-255-LR LB ORDER (REGARDING REQUESTS TO RESCHEDULE)
Jonathan Rogoff, Esq. David R. Lewis, Esq.
General Counsel Paul A. Gaukler, Esq.
Nuclear Management Company, LLC Pillsbury Winthrop Shaw Pittman LLP 700 First Street 2300 N Street, NW Hudson, WI 54016 Washington, DC 20037-1128
[Original signed by Rebecca L. Giitter]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 6th day of September 2005