ML082270680
| ML082270680 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/14/2008 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | Connecticut Coalition Against Millstone, Dominion Nuclear Connecticut, NRC/OGC |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, RAS 996 | |
| Download: ML082270680 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 08/14/08 ATOMIC SAFETY AND LICENSING BOARD SERVED 08/14/08 Before Administrative Judges:
William J. Froehlich, Chairman 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)
August 14, 2008 MEMORANDUM AND ORDER (Requesting Legal Briefs from CCAM, Dominion, and the NRC Staff)
Currently before the Board are three motions by Connecticut Coalition Against Millstone and Nancy Burton (CCAM) that essentially seek leave to file new and/or amended contentions in this proceeding,1 as well as Answers from Dominion Nuclear Connecticut, Inc. (Dominion) and the NRC Staff opposing CCAMs request for nunc pro tunc relief and continuing waiver of the electronic filing requirements.2 1
[CCAM] Revised Motion for Leave to File their New and/or Amended Contentions Based on Receipt of New Information and for Continuing Waiver of Electronic Filing (Aug. 7, 2008); [CCAM] Motion for Leave to File their Motion for Leave to File New and/or Amended Contentions Based on Receipt of New Information Dated July 18, 2008), Nunc Pro Tunc, and for Continuing Waiver of Electronic Filing (July 31, 2008) [hereinafter July 31 motion]; [CCAM]
Motion for Leave to File and/or Amended Contentions Based on Receipt of New Information (July 18, 2008) [hereinafter July 18 motion].
2
[Dominions] Answer Opposing July 31, 2008 Motion of [CCAM] (Aug. 8, 2008); NRC Staffs Answer Opposing Petitioners Motion Dated July 31, 2008 for Nunc Pro Tunc Relief and Continuing Waiver of Electronic Filing (Aug. 11, 2008).
To assist with its consideration of the motions now before it,3 the Board requests that CCAM, Dominion, and the Staff file legal briefs on the following issues:
- 1. At what stage in the licensing process does the record close such that a new contention request must also meet the requirements of 10 C.F.R. § 2.326?
- 2. Is the answer to (1) the same for cases where contentions are admitted rather than cases where there are no admitted contentions? See, e.g., Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-06-4, 63 NRC 32 (2006).
- 3. Do not the Commissions regulations contemplate an opportunity to file new or amended contentions provided that the circumstances under section 2.309(f)(2) have been met?
- 4. If the licensing process is ongoing and new or amended contentions arise, under what circumstances would a motion to reopen be required in addition to a motion under 10 C.F.R. § 2.309(f)(2)?
3 Because this Board in LBP-08-09 denied CCAMs initial petition to intervene and request for hearing, and because this decision was appealed to the Commission, the Commission would have jurisdiction over these motions. However, on August 5, 2008, the Office of the Secretary of the Commission (SECY) informed the Board and the participants via e-mail that it was referring the July 31 motion to the Board for consideration and appropriate action, and also attached the July 18 motion for the Boards review. E-mail from Emile Julian, Assistant for Rulemakings and Adjudications, Office of the Secretary, Nuclear Regulatory Commission, to the Millstone Licensing Board (Aug. 5, 2008, 10:17 AM EDT). On August 11, 2008, SECY followed this e-mail with a formal order referring the July 31 motion for the Board to take any action it deems appropriate. Commission Order (Aug. 11, 2008) (unpublished). The Board views these two referral actions from SECY as delegating jurisdiction to the Board to consider and resolve issues relating to all of the motions enumerated in notes 1 and 2 above, as well as any further pleadings related to these motions.
On August 13, 2008, the Commission affirmed this Boards decision in LBP-08-09 and denied CCAMs appeal. CLI-08-17, 67 NRC __, __ (slip op. at 18) (Aug. 13, 2008).
The Board requests that initial briefs on these issues be filed no later than Monday, August 25, 2008 and responsive briefs be filed no later than Tuesday, September 2, 2008.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD4
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland August 14, 2008 4
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 MEMORANDUM AND ORDER (REQUESTING LEGAL BRIEFS FROM CCAM, DOMINION, AND THE NRC STAFF) have been served upon the following persons by Electronic Information Exchange and on Nancy Burton/CCAM by separate e-mail.
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 MEMORANDUM AND ORDER (REQUESTING LEGAL BRIEFS FROM CCAM, DOMINION, AND THE NRC STAFF)
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 Counsel for Dominion Nuclear Connecticut, Inc.
Hearing Docket David R. Lewis, Esq.
E-mail: hearingdocket@nrc.gov 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 Dominion Resources Services, Inc.
Office of the General Counsel 120 Tredegar Street, RS-2 Mail Stop O-15D21 Richmond, VA 23219 Washington, DC 20555-0001 Lillian M. Cuoco, Senior Counsel David Roth, Esq. E-mail: Lillian.Cuoco@dom.com Lloyd B. Subin, Esq.
Brian Newell, Paralegal E-mail: david.roth@nrc.gov E-mail: lbs3@nrc.gov E-mail: bpn1@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 Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 14th day of August 2008 2