ML081080214
| ML081080214 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/17/2008 |
| From: | Travieso-Diaz M Dominion Nuclear Connecticut, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, Power Station 50-423-OLA, RAS 659 | |
| Download: ML081080214 (5) | |
Text
April 17, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
Dominion Nuclear Connecticut, Inc. ) Docket No. 50-423 (Millstone Nuclear Power Station, Unit 3) )
)
DOMINION NUCLEAR CONNECTICUTS RESPONSE TO CONNECTICUT COALITION AGAINST MILLSTONE AND NANCY BURTONS MOTION FOR EXTENSION Dominion Nuclear Connecticut, Inc. (Dominion) submits this response to, and respectfully opposes, the motion for an extension of time to file a reply filed by Connecticuts Coalition Against Millstone and Nancy Burton (Petitioners) on April 16, 2008. 1 As Petitioners acknowledge, Dominion emailed to Petitioners a courtesy copy of Dominions answer to Petitioners hearing request on April 11, 2008, and Petitioners received Dominions answer on that date. Therefore, there is no basis to extend the due date for any reply to Dominions answer.
Similarly, Petitioners request for an extension to reply to the NRC Staffs answer has little merit. The NRC Staff properly served its answer on Petitioners. Further, the NRC Staff responded promptly to Petitioners request for an additional copy by email. In any event, the arguments that the NRC Staff presents in its answer to Petitioners hearing request are encompassed by the arguments that Dominion presented in its response to Petitioners hearing 1
Connecticut Coalition Against Millstone and Nancy Burtons Motion to Consolidate Reply to NRC Staff and Dominion Responses to Petition to Intervene and for Extension of Time to File Consolidated Reply on or Before April 22, 2008 (Apr. 16, 2008) (Motion).
Answer to Extension Requestmtd.doc
request, which Petitioners received on April 11. Consequently, there is no apparent justification for extending the date for Petitioners reply to the NRC Staffs answer.
Dominion also observes that Mr. Gundersens commitments, to which Petitioners allude (Motion, ¶ 11), provides no basis for any extension. A reply to answers to a hearing request should be a narrowly focused response to the legal and logical arguments presented in the answers, and is not an appropriate vehicle for any new claims or allegations by Petitioners expert. Louisiana Energy Services, L.P. (National Enrichment Facility), CLI-04-25, 60 N.R.C.
223, 225 (2004), reconsideration denied, CLI-04-35, 60 N.R.C. 619, 622-23 (2004); Nuclear Management Co. (Palisades Nuclear Plant), CLI-06-17, 63 N.R.C. 727, 732 (2006). In addition, neither Petitioners nor their declarants other commitments provides an adequate justification for failure to meet the timeliness requirements in the Commission regulations and Board orders.
For all of the foregoing reasons, Petitioners motion should be denied.
2 Answer to Extension Requestmtd.doc
Respectfully submitted,
/Original signed by Matias F. Travieso-Diaz/
David R. Lewis Matias Travieso-Diaz Stefanie M. Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8000 Lillian M. Cuoco Senior Counsel Dominion Resources Services, Inc.
120 Tredegar Street, RS-2 Richmond, VA 23219 (804) 819-2684 Counsel for Dominion Nuclear Connecticut, Inc.
Dated: April 17, 2008 3
Answer to Extension Requestmtd.doc
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
Dominion Nuclear Connecticut, Inc. ) Docket No. 50-423 (Millstone Nuclear Power Station, Unit 3) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of Dominion Nuclear Connecticuts Response to Connecticut Coalition Against Millstone and Nancy Burtons Motion for Extension were served on the persons listed below in accordance with the Commission E-Filing rule, which the NRC promulgated in August 2007 (72 Fed. Reg. 49,139), and, where indicated by an asterisk, by e-mail, this 17th day of April, 2008.
- Secretary *Office of Commission Appellate Attn: Rulemakings and Adjudications Staff Adjudication Mail Stop O-16 C1 Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocket@nrc.gov OCAAMAIL@NRC.GOV
- Administrative Judge *Administrative Judge William J. Froehlich, Chair Dr. Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 wjf1@nrc.gov pba@nrc.gov
- Administrative Judge *Nancy Burton Dr. Michael F. Kennedy 147 Cross Highway Atomic Safety and Licensing Board Panel Redding Ridge, Connecticut 06876 U.S. Nuclear Regulatory Commission NancyBurtonCT@aol.com Washington, D.C. 20555-0001 mfk2@nrc.gov 4
Answer to Extension Requestmtd.doc
- David Roth, Esq. *Lloyd Subin, Esq.
Office of the General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, D.C. 20555-0001 E-mail: david.roth@nrc.gov lbs3@nrc.gov
/Original Signed by Matias F. Travieso-Diaz/
Matias F. Travieso-Diaz 5
Answer to Extension Requestmtd.doc