ML061020315
| ML061020315 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs, Nine Mile Point, Ginna  |
| Issue date: | 04/12/2006 |
| From: | Jacqwan Walker NRC/SECY |
| To: | |
| Byrdsong A T | |
| References | |
| 50-220-LT-2, 50-244-LT, 50-317-LT, 50-318-LT, 50-410-LT-2, 72-8-LT, RAS 11531 | |
| Download: ML061020315 (2) | |
Text
1 Petitioners Appeal and its Comments appear essentially identical.
RAS 11531 UNITED STATES OF AMERICA DOCKETED 04/12/06 NUCLEAR REGULATORY COMMISSION SERVED 04/12/06
)
In the Matters of
)
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Docket Nos.
50-220-LT-2 Constellation Generation Group, LLC
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50-410-LT-2 (Nine Mile Point Nuclear Station, Units 1 and 2)
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50-244-LT (R.E. Ginna Nuclear Plant)
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50-317-LT (Calvert Cliffs Nuclear Power Plant,
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50-318-LT Units 1 and 2)
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72-8-LT
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ORDER Petitioner, the Maryland Office of the Peoples Counsel, has filed an Appeal of my March 17, 2006, Order dismissing petitions to intervene and participate in hearings in connection with these three license transfer applications. I issued my dismissal order under 10 C.F.R. § 2.346(h), which authorizes me, on the Commissions behalf, to reject hearing requests that fail to comply with the Commissions pleading requirements. The petitions to intervene failed to include any contentions, as required by 10 C.F.R. § 2.309(a).
No NRC regulation authorizes petitioners current Appeal. Construing it as the equivalent of a late-filed petition to intervene or as an amended petition to intervene, I must reject it (like the original petitions to intervene) as procedurally deficient. It does not address the eight nontimely filing factors set forth in 10 C.F.R. § 2.309(c) or otherwise explain why the Commission should consider Petitioners late filing.
Hence, pursuant to my authority under 10 C.F.R. §§ 2.346(c) and (h), I dismiss Petitioners Appeal. I have, however, forwarded petitioners March 24th Comments to the NRC Staff for review.1 IT IS SO ORDERED.
For the Commission
/RA/
J. Samuel Walker Acting Secretary of the Commission Dated at Rockville, Maryland, this 12th day of April, 2006.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matters of
)
)
Docket Nos.
50-220-LT-2 Constellation Generation Group, LLC
)
50-410-LT-2 (Nine Mile Point Nuclear Station, Units 1 and 2)
)
50-244-LT (R.E. Ginna Nuclear Plant)
)
50-317-LT (Calvert Cliffs Nuclear Power Plant,
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50-318-LT Units 1 and 2)
)
72-8-LT CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER DISMISSING APPEAL OF THE MARYLAND OFFICE OF THE PEOPLES COUNSEL have been served upon the following persons by electronic mail this date, followed by deposit of paper copies in the U.S. mail, first class, and NRC internal mail.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Susan L. Uttal, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ogclt@nrc.gov Catherine C. Hester, Esq.
Assistant Peoples Counsel Maryland Office of Peoples Counsel 6 St. Paul Street, Suite 2102 Baltimore, MD 21202 E-mail: catherineh@opc.state.md.us Jay M. Gutierrez, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue Washington, DC 20004 E-mail: jgutierrez@morganlewis.com
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of April 2006