ML080990519
| ML080990519 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/08/2008 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | Abramson P, William Froehlich, Kennedy M Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, Power Station 50-423-OLA, RAS 642 | |
| Download: ML080990519 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chair Dr. Paul B. Abramson Dr. Michael Kennedy In the Matter of Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Unit No. 3)
Docket No. 50-423-OLA ASLBP No. 08-862-01-OLA-BD01 April 8, 2008 ORDER (CONFIRMING DATES FOR ANSWERS AND REPLIES TO ANSWERS)
On April 4, 2008, the NRC Staff filed a Notice of Appearance in the above captioned docket.1 The NRC Staffs Notice of Appearance included a letter stating that the Staff wishes to address its understanding of the time for the filing of the Staffs answer to the Petition to Intervene and Request for Hearing submitted by the Connecticut Coalition Against Millstone and Nancy Burton.2 The NRC Staff states that pursuant to Dominion Nuclear Connecticut, Inc.
(Millstone Nuclear Power Station, Units 2 and 3), CLI-06-4, 63 NRC 32, 38-39 (2006), the Office of the Secretary screens all filings bearing Ms. Burtons signature, and does not accept, docket, nor refer such filings to the Atomic Safety and Licensing Board Panel (ASLBP) without first assuring they meet all procedural requirements.3 The Secretary (SECY) referred the request signed by Ms. Burton to the ASLBP on March 24, 2008 and, according to the Staff, that should 1 See Notice of Appearance of Lloyd B. Subin (Apr. 4, 2008).
2 Letter from Lloyd B. Subin, Counsel for NRC Staff, to Administrative Judges (Apr. 4, 2008) at
- 1.
3 Id.
DOCKETED 04/08/08 SERVED 04/08/08 be the date that triggers the twenty-five day period for filing an answer to the Petition, making the deadline for filing its answer April 18, 2008.4 On April 7, 2008, the Applicant Dominion Nuclear Connecticut, Inc. (Dominion) filed its Notices of Appearance and included a letter stating that if the Board agrees with Staffs position, that it also be permitted to file its response to the Petition on April 18, 2008.5 The Commissions regulations provide that the applicant/licensee, the NRC staff, and any other party to a proceeding may file an answer to a request for hearing, a petition to intervene and/or proffered contentions within twenty-five (25) days after service of the request for hearing.6 The Connecticut Coalition Against Millstone and Nancy Burton tendered for filing and served their Petition to Intervene and Request for Hearing on March 17, 2008.7 Their Petition to Intervene and Request for Hearing contains a Certificate of Service which indicates the pleading was served both electronically and by U.S. Mail, First Class, postage pre-paid on March 17, 2008 on the Office of General Counsel, the Office of the Secretary, and the applicant.
A plain reading of 10 C.F.R. § 2.309(h)(1) dictates that the twenty-five (25) days to file an answer begins when the pleading is served. The Commissions order in Dominion Nuclear Connecticut, Inc. does not alter the date that a pleading was served. The Dominion Nuclear Connecticut, Inc. order directs the Secretary to screen documents bearing Ms. Burtons signature and not to accept or docket them unless they meet all procedural requirements. It appears that Ms. Burtons March 17, 2008 filing met the Commissions procedural requirements 4 Id. at 1-2 (citing 10 C.F.R. § 2.309(h)(1)).
5 See Letter from Counsel for Dominion Nuclear Connecticut, Inc., to Administrative Judges (Apr. 7, 2008) at 1-2.
6 10 C.F.R. § 2.309(h)(1) (emphasis added).
7 See Connecticut Coalition Against Millstone and Nancy Burton Petition to Intervene and Request for Hearing (Mar. 17, 2008).
and was served in accordance with the Commissions regulations.8 Further, the information associated with the document in ADAMS indicates that the Commission Secretary docketed Ms.
Burtons filing on March 17, 2008 at 7:20 pm.9 Finally, neither the April 4, 2008 NRC Staff letter nor the April 7, 2008 letter from Dominion indicate that either party did not receive service on the date stated in Ms. Burtons certificate of service (March 17, 2008).
This order clarifies that pursuant to 10 C.F.R. § 2.309(h)(1), answers to the March 17, 2008 Petition to Intervene and Request for Hearing submitted by the Connecticut Coalition Against Millstone and Nancy Burton are due on April 11, 2008 and any reply by the petitioner/requestor must be filed within 7 days after service of that answer (April 18, 2008).
Should the NRC Staff, or any party, find it necessary to request an extension of time to comply with any procedural dates in this proceeding, they must file an appropriate motion conforming to the requirements of 10 C.F.R. § 2.323.
It is so ORDERED.10 FOR THE ATOMIC SAFETY AND LICENSING BOARD William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 8, 2008 8 See 10 C.F.R. §§ 2.302, 2.305; see also Use of Electronic Submissions in Agency Hearings, 72 Fed. Reg. 49,139, 49,149, 49,151 (Aug. 28, 2007). Ms. Burton experienced technical difficulties with the e-filing of her submission. She was granted an exemption from the e-filing requirements for this time to meet the filing deadline. See Memorandum from Andrew L. Bates, Acting Secretary, to E. Roy Hawkens, Chief Administrative Judge, ASLBP (Mar. 24, 2008).
9 See accession number ML080840527.
10 Copies of this order were sent this date by the agency's E-Filing system to counsel for (1) applicant Dominion Nuclear Connecticut, Inc.; (2) the Connecticut Coalition Against Millstone and Nancy Burton; and (3) the NRC Staff.
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
DOMINION NUCLEAR CONNECTICUT, INC.)
Docket No. 50-423-OLA
)
(Millstone Power Station, Unit No. 3)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CONFIRMING DATES FOR ANSWERS AND REPLIES TO ANSWERS) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 William J. Froehlich, Chair Administrative Judge E-mail: wjf1@nrc.gov Dr. Paul B. Abramson Administrative Judge E-mail: pba@nrc.gov Dr. Michael F. Kennedy Administrative Judge E-mail: mfk2@nrc.gov Emily Krause Law Clerk E-mail: emily.krause@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
DOCKET NO. 50-423-OLA LB ORDER (CONFIRMING DATES FOR ANSWERS AND REPLIES TO ANSWERS) 2 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov Pillsbury Winthrop Shaw Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
Stefanie Nelson, Esq.
Matias Travieso-Diaz, Esq.
Maria Webb, Senior Energy Legal Analyst Marcella Schiappacasse E-mail: david.lewis@pillsburylaw.com ;
stefanie.nelson@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com maria.webb@pillsburylaw.com marcella.schiappacasse@pillsburylaw.com U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 David Roth, Esq.
Lloyd B. Subin, Esq.
E-mail: david.roth@nrc.gov E-mail: lbs@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov Dominion Resources Services, Inc.
Rope Ferry Road Waterford, CT 06385 Lillian M. Cuoco, Esq.
E-mail: Lillian.Cuoco@dom.com Connecticut Coalition Against Millstone Nancy Burton, Esq.
147 Cross Highway Redding Ridge, CT 06876 E-mail: NancyBurtonCT@aol.com
[Original signed by R. L. Giitter]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 8th day of April 2008