ML063330391
| ML063330391 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/29/2006 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| Giitter R | |
| References | |
| 06-848-02-LR, 50-293-LR, RAS 12618 | |
| Download: ML063330391 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 12618 DOCKETED 11/29/06 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 11/29/06 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of:
ENTERGY NUCLEAR GENERATION COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.
(Pilgrim Nuclear Power Station)
Docket No. 50-293-LR ASLBP No. 06-848-02-LR November 29, 2006 ORDER (Regarding Schedule for Proceeding and Related Matters)
On November 20, 2006, a telephone conference was held for the purpose of discussing a tentative schedule for the above-referenced proceeding (see appendix to Order). In addition, lead counsel or representative for the parties were identified, as follows: Entergy counsel -
David Lewis; Pilgrim Watch counsel - Molly Bartlett; NRC Staff counsel - Susan Uttal; Town of Plymouth counsel - Sheila Hollis; Town of Duxbury representative - Kevin Nord. The Licensing Board will issue an Order setting forth a more final version of the schedule and addressing various outstanding matters arising out of the conference after the following items have been addressed by the parties:
- 1. The NRC Staff shall notify the Board and parties as soon as reasonably practicable of any changes in the expected release dates of the preliminary/draft and final SER and SEIS, and in any event shall provide updates on the schedule for these documents at least monthly, starting on December 1, 2006, and on the first of each month thereafter.
- 2. Entergy counsel shall file a brief on its position on possible requests to use subpart G procedures with regard to any eyewitness later to be named, no later than December 1, 2006.
Responses to Entergys brief shall be filed by December 8, 2006.
- 3. All parties shall file any comments in addition to those made in the telephone conference, with regard to (a) potential dates for a site visit and any further limited appearance sessions, and (b) any other matters regarding the schedule at this point, by December 8, 2006.
Prior to filing any written comments, the parties may wish to confer regarding any such matters.
- 4. The Board APPROVES and GRANTS the parties November 14, 2006, Joint Stipulation and Motion on Disclosure, except that supplemental disclosures shall be made on a schedule of every 14 days starting as of the date the final SER and/or SEIS is issued; and, for any additional information that may arise at any time up to and after the date for submission of the parties statements of position, written direct testimony and exhibits, on a daily basis starting on that date and continuing through the completion of the hearing and the closing of the record.
- 5. For the benefit of all parties, the following procedures on filings and motions shall be followed in this proceeding:
Service of Pleadings and Other Submissions: For each pleading or other submission filed in this proceeding by any party, that party shall (1) send an e-mail or facsimile copy to the Office of the Secretary, the lead counsel or representative for every other party, and the members of the Licensing Board; and (2) submit the original and two conforming paper copies to the Office of the Secretary, and send individual copies to the lead counsel or representative for every other party and the members of the Licensing Board.
The e-mail addresses to use for the Licensing Board members are: AMY@NRC.GOV, RFC1@NRC.GOV, and PBA@NRC.GOV. Any attachments or exhibits to a pleading that cannot be transmitted by e-mail should be sent to the Licensing Board members by facsimile transmission or other means that will ensure receipt by the due date, with paper conforming copies mailed that same day. Facsimile transmission to the Board shall be sent to the attention of the members of the Licensing Board members at 301/415-5599 (verification (301/415-7393).
Paper copies for the Board may be mailed by regular first-class mail to the following address:
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 For regular mail service, the NRC staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first class mail.
To complete service on Licensing Board members via overnight (e.g., express mail, Federal Express, etc.) or hand delivery, the Boards Washington address above may not be used; a participant must assure that the Licensing Board members are served by any such method at the following address:
Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852 Timeliness of Service. For service to be timely, any submission served by hand delivery must be received by the Licensing Board and all other parties by 4:30 p.m. on the due date, and service by facsimile transmission or e-mail must be accomplished no later than 11:59 p.m. on the due date.
Whichever of the methods outlined above is used for service on the Licensing Board shall also be used for the other parties and the Office of the Secretary. See also 10 C.F.R.
§ 2.305 regarding service of papers and filings.
1Copies of this Order were sent this date by Internet e-mail to all counsel or representatives for participants.
Motions. All motions and responses shall comply with 10 C.F.R. § 2.323; include the certification regarding good faith efforts to resolve matters at issue that is specified in
§ 2.323(b); and, except upon a showing of good cause, apprise the Board of whether and when any other participant intends to oppose or otherwise respond to the motion. For any motion for extension of time, the movant shall serve the motion on the Licensing Board so that it is received at least three (3) business days before the due date for the pleading or other submission for which an extension is sought; and, in addition, state in the motion, specifically and in detail, the reasons the extension is viewed to be necessary.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland November 29, 20061 Appendix - Tentative Schedule for Proceeding Draft SEIS - 12/8/06 New contentions - 1/8/07 Responses - 1/22/07 Replies - 1/29/07 Deadline for notice of adoption of contention - 10 days after ruling on contention Draft SER - 3/1/07 New contentions - 4/2/07 Responses - 4/16/07 Replies - 4/23/07 Deadline for notice of adoption of contention - 10 days after ruling on contention Motions for summary disposition -
Filed no later than - 6/11/07 Responses - 6/29/07 Final SER - 7/1/07 New contentions - 7/31/07 Responses - 8/6/07 Replies - 8/13/07 Deadline for notice of adoption of contention - 10 days after ruling on contention Final SEIS - 7/27/07 New contentions - 8/27/07 Responses - 9/10/07 Replies - 9/17/07 Deadline for notice of adoption of contention - 10 days after ruling on contention Deadline for contentions based on other new information - 30 days after date information was received or reasonably available.
Witness lists - final - 10/30/07 Requests under 2.310(d) to address part of hearing under subpart G based on disclosure of eyewitness and issues of motive or intent - 11/12/07 Simultaneous filing of statements of position, written direct testimony & exhibits - 12/3/07 Simultaneous filing of rebuttal statements, testimony & exhibits - 12/17/07 Proposed questions for judges to pose to witnesses, under 2.1207 - 1/7/08 Motions to allow cross-examination under 2.1204, with cross-examination plan -
1/7/08 or earlier.
Motions in limine (to exclude evidence) - 1/7/08 Responses to Motions to cross-examine & Motions in limine - 1/14/08 Hearing - Begin hearing 2/26/08 or (weather fallback) 3/11/08 Proposed findings of fact and conclusions of law - 30 days after conclusion of hearing Responses - 14 days after submission of proposed findings Initial decision - 90 days after conclusion of hearing Times/deadlines left open:
Site visit.
Any proposed protective order and nondisclosure agreement (as soon as any need for this makes itself known to the parties).
Any further limited appearance session(s).
Other?
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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ENTERGY NUCLEAR OPERATIONS, INC. )
Docket No. 50-293-LR
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(Pilgrim Nuclear Power Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING SCHEDULE FOR PROCEEDING AND RELATED MATTERS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan L. Uttal, Esq.
Marian L. Zobler, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Diane Curran, Esq.
Harmon Curran, Spielberg & Eisenberg, L.L.P.
1726 M. Street N. W., Suite 600 Washington, D.C. 20036
2 Docket No. 50-293-LR LB ORDER (REGARDING SCHEDULE FOR PROCEEDING AND RELATED MATTERS)
Matthew Brock, Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place Boston, MA 02108 Terence A. Burke, Esq.
Entergy Nuclear 1340 Echelon Parkway Mail Stop M-ECH-62 Jackson, MS 39213 Molly H. Bartlett, Esq.
52 Crooked Lane Duxbury, MA 02332 Paul A. Gaukler, Esq.
David R. Lewis, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Mary E. Lampert Director of Pilgrim Watch 148 Washington Street Duxbury, MA 02332 Sheila Slocum Hollis, Esq.
Town of Plymouth MA Duane Morris, LLP 1667 K. Street, N.W.
Suite 700 Washington, D.C. 20006 Mark D. Sylvia Town Manager Town Managers Office 11 Lincoln Street Plymouth, MA 02360 Richard R. MacDonald, Town Manager 878 Tremont Street Duxbury, MA 02332 Chief Kevin M. Nord Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street P.O. Box 2824 Duxbury, MA 02331
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 29th day of November 2006