ML053480036
| ML053480036 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 12/14/2005 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-263-LR, ASLBP 05-841-02-LR, RAS 10828 | |
| Download: ML053480036 (4) | |
Text
RAS 10828 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 12/14/05 ATOMIC SAFETY AND LICENSING BOARD SERVED 12/14/05 Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. William M. Murphy In the Matter of Docket No. 50-263-LR Nuclear Management Company, LLC ASLBP No. 05-841-02-LR (Monticello Nuclear Generating Plant) December 14, 2005 STATUS REPORT On November 11, 2005, the North American Water Office (NAWO) submitted a document to this Board which stated that NAWO hereby appeals the November 1, 2005 Order of the Atomic Safety and Licensing Board denying standing and rejecting contentions of NAWO in the re-licensing proceeding for the Monticello Nuclear Generating Plant.
The document filed by NAWO was addressed to the ASLBP rather than to the Commission. Given this, and the language used in the last line of the document (Reconsider.
Grant NAWO standing. Accept the NAWO contentions), there is the possibility of confusion as to whether the document was intended as an appeal or, alternatively, as a motion for reconsideration. We file this Status Report to make clear our view of NAWOs submission.
Pursuant to 10 C.F.R. § 2.323(e) [m]otions for reconsideration may not be filed except upon leave of the presiding officer or the Commission, upon a showing of compelling circumstances . . . . In this case, leave to file a motion for reconsideration was neither requested nor granted. Accordingly, the November 11, 2005, filing by NAWO can not be considered as a motion for reconsideration and, if anything, it must be considered as an appeal of the Boards November 1, 2005, Order.
Since appeals are acted upon by the Commission rather than by the Board, we refer this matter to the Commission for whatever action it deems appropriate.
FOR THE ATOMIC SAFETY AND LICENSING BOARD1
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 14, 2005 1
Copies of this Status Report were sent this date by Internet e-mail transmission to:
(1) Counsel for the Applicant NMC, David R. Lewis; (2) Counsel for the NRC Staff, Michael A.
Woods; and (3) Petitioner NAWO c/o Executive Director, George Crocker.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NUCLEAR MANAGEMENT COMPANY, LLC ) Docket No. 50-263-LR
)
)
(Monticello Nuclear Generating Plant) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB STATUS REPORT 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 Lawrence G. McDade, 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 William M. Murphy Richard E. Wardwell 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 Michael A. Woods, Esq. David R. Lewis, Esq.
Office of the General Counsel Pillsbury Winthrop Shaw Pittman LLP Mail Stop - O-15 D21 2300 N Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20037-1128 Washington, DC 20555-0001
2 Docket No. 50-263-LR LB STATUS REPORT George Crocker Jonathan Rogoff, Esq.
Executive Director General Counsel North American Water Office Nuclear Management Company, LLC P.O. Box 174 700 First Street Lake Elmo, MN 55042 Hudson, WI 54016
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 14th day of December 2005