ML081070143
| ML081070143 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/16/2008 |
| 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, RAS 656 | |
| Download: ML081070143 (5) | |
Text
UNITED STATES OF AMERICA DOCKETED 04/16/08 NUCLEAR REGULATORY COMMISSION SERVED 04/16/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chair Dr. Paul B. Abramson Dr. Michael Kennedy In the Matter of Docket No. 50-423-OLA Dominion Nuclear Connecticut, Inc. ASLBP No. 08-862-01-OLA-BD01 (Millstone Power Station, Unit No. 3)
April 16, 2008 ORDER (Granting CCAM and Nancy Burton Request for E-Filing Exemption)
On April 15, 2008, the Connecticut Coalition Against Millstone and Nancy Burton (Petitioners) filed a Second Request for Exemption from E-Filing Requirements.1 In their request, Petitioners explain that they continue to experience technical difficulties that prevent them from complying with the e-filing requirements, and due to these difficulties they will be unable to file their replies to the NRC Staff and Dominion Nuclear Connecticut, Inc. (Dominion) answers to their petition to intervene and request for hearing via the e-filing system.2 In order to comply with filing deadlines, they request an exemption from the requirement to file and serve future filings via the e-filing system until they are able to resolve these technical difficulties.3 1
Connecticut Coalition Against Millstone and Nancy Burton Second Request for Exemption from E-Filing Requirements (Apr. 15, 2008) [hereinafter CCAM Second Request].
2 Id. at 3-4.
3 Id. at 4-6. Petitioners state that upon consultation with Dominion representatives in accordance with 10 C.F.R. § 2.323(b), Dominion indicated that it opposed Petitioners motion.
See id. at 5; id. at Exh. G. It is unclear from the motion whether the NRC Staff offered its position on the motion, although Petitioners indicate that they made attempts to consult with the NRC Staff. See id. at 5; id. at Exh. F.
Finding that Petitioners have shown good cause for an exemption from the e-filing requirements, the Board grants Petitioners request pursuant to 10 C.F.R. § 2.302(g)(2).
Petitioners may file and serve their replies via e-mail with a paper copy sent via U.S. mail.4 However, this extension is limited to the filing of Petitioners replies, which are due on Friday, April 18, 2008. The Board expects that all future filings in this proceeding will be filed and served via the e-filing system as required by NRC regulations.5 In Petitioners motion, Petitioners also explain that the technical difficulties that prevent them from filing and serving their pleadings also prevent them from accessing the filings made by others in the proceeding via the e-filing system. Petitioners were therefore unable to access the NRC Staff and Dominion answers to their petition to intervene and request for hearing, which were e-filed on April 11, 2008.6 In an attempt to obtain copies of the answers, Petitioners state that they made attempts to contact counsel for the NRC Staff and Dominion and requested e-mailed courtesy copies of the answers.7 According to Petitioners, counsel for Dominion sent a courtesy copy of its answer via ordinary e-mail on April 11, 2008, but as of the filing of their motion, counsel for the NRC Staff had not yet responded to their request for a courtesy copy.8 4
Although 10 C.F.R. § 2.302(g)(2) does not specifically address an exemption that allows filing via e-mail, the Board finds that this would be the most expeditious means for ensuring that all participants receive pleadings. This approach is consistent with the prior version of the NRC filing and service rules. See 10 C.F.R. §§ 2.302(a)(3), 2.305(c) (2007).
5 See 10 C.F.R. §§ 2.302, 2.305 (2008).
6 See NRC Staff Answer to Request to Intervene and For Hearing of the Connecticut Coalition Against Millstone and Nancy Burton (Apr. 11, 2008); Dominion Nuclear Connecticuts Response to Connecticut Coalition Against Millstone and Nancy Burtons Petition to Intervene and Request for Hearing (Apr. 11, 2008).
7 See CCAM Second Request at 4-5; id. at Exh. F.
8 See id.
Recognizing that the agency is transitioning to the electronic filing system, and in light of Petitioners technical difficulties with the system and the necessity for Petitioners to be able to obtain copies of the filings in this proceeding, the Board directs counsel for the NRC Staff and Dominion to send Petitioners e-mail courtesy copies of their filings until the Petitioners e-filing difficulties are resolved. The Board also directs the NRC Staff to send an e-mail courtesy copy of their April 11, 2008 answer so Petitioners are able to craft an appropriate reply by April 18, 2008.
It is so ORDERED.9 FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 16, 2008 9
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. A courtesy copy was also sent to these individuals via e-mail.
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 (GRANTING CCAM AND NANCY BURTON REQUEST FOR E-FILING EXEMPTION) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission. Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov 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
DOCKET NO. 50-423-OLA LB ORDER (GRANTING CCAM AND NANCY BURTON REQUEST FOR E-FILING EXEMPTION)
U.S. Nuclear Regulatory Commission Pillsbury Winthrop Shaw Pittman, LLP Office of the Secretary of the Commission 2300 N. Street, NW Mail Stop O-16C1 Washington, DC 20037-1122 Washington, DC 20555-0001 David R. Lewis, Esq.
Hearing Docket Stefanie Nelson, Esq.
E-mail: hearingdocket@nrc.gov 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 Dominion Resources Services, Inc.
Office of the General Counsel Rope Ferry Road Mail Stop O-15D21 Waterford, CT 06385 Washington, DC 20555-0001 Lillian M. Cuoco, Esq.
David Roth, Esq. E-mail: Lillian.Cuoco@dom.com Lloyd B. Subin, Esq.
E-mail: david.roth@nrc.gov E-mail: lbs@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov 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 16th day of April 2008 2