ML082460923
| ML082460923 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 09/02/2008 |
| From: | Cuoco L, Doris Lewis, Nelson S, Travieso-Diaz M Dominion Nuclear Connecticut, Dominion Resources Services, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, RAS 1086 | |
| Download: ML082460923 (5) | |
Text
September 2, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Dominion Nuclear Connecticut, Inc.
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Docket No. 50-423-OLA
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(Millstone Power Station, Unit 3)
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ASLB No. 08-862-01-OLA
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DOMINION NUCLEAR CONNECTICUTS REPLY TO CONNECTICUT COALITION AGAINST MILLSTONE AND NANCY BURTONS RESPONSE TO BOARDS REQUEST FOR LEGAL BRIEFS In accordance with the instructions of the Atomic Safety and Licensing Board (Board) in the above captioned proceeding, see Memorandum and Order (Requesting Legal Briefs from CCAM, Dominion, and the NRC Staff) (August 14, 2008), Dominion Nuclear Connecticut, Inc.
(Dominion) hereby replies to Connecticut Coalition Against Millstone and Nancy Burton Response to Atomic Safety and Licensing Board Panels Memorandum and Order Dated August 14, 2008 Requesting Legal Briefs and Request for Continuing Waiver of E-Filing Requirements (CCAM Response), which Connecticut Coalition Against Millstone and Nancy Burton (Petitioners) transmitted by electronic mail on August 25, 2008.
Only a brief reply to the CCAM Response is warranted. Petitioners have clearly misinterpreted the effect of the Commission Secretarys Order dated August 11, 2008 (Order),
in which the Commission referred to the Board, for any action it deems appropriate, the Connecticut Coalition Against Millstone and Nancy Burton 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 (Motion). Order at 1. The Order also directed that any further pleadings related to the Motion be addressed to the Board. Id.
The CCAM Response interprets the Order as act[ing] to keep the record open notwithstanding the Commissions denial of the petitioners appeal. CCAM Response at 3, footnote omitted. Petitioners provide no basis for this interpretation, which is nowhere supported by the text of the Order and is inconsistent with the terminated status of the proceeding on Dominions application for a stretch power uprate for Millstone Power Station Unit 3. That termination was effectuated by the granting of the application by the Staff, the Boards explicit termination of the adjudicatory proceeding sought to be initiated by Petitioners, and the Commissions dismissal of CCAMs appeal from the Boards decision. LBP-08-09, 67 N.R.C.
__, slip op. at 34 (June 4, 2008); CLI-08-17, 68 N.R.C. __ (Aug. 13, 2008).1 Indeed, as explained in Dominions Brief in Response to Connecticut Coalition Against Millstone and Nancy Burton Revised Motion for Leave to File New Contentions (Aug. 25, 2008)
(Dominions Brief), there is no longer a proceeding in which Petitioners may intervene. The record of the stretch uprate proceeding is unquestionably closed. The Order did nothing to reopen the record or keep it open.
The rest of the positions presented in the CCAM Response are based Petitioners erroneous interpretation of the effect of the Order, and require no additional response.
1 Petitioners interpretation of the Order also runs counter to the Commissions previous decision in Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-06-4, 63 N.R.C. 32, 35-36 & n.4 (2006).
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Therefore, for the reasons set forth in Dominions Brief, Petitioners Motion should be denied.
Respectfully Submitted,
[Original Signed]
David R. Lewis Matias F. Travieso-Diaz Stefanie M. Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 (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: September 2, 2008 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Dominion Nuclear Connecticut, Inc.
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Docket No. 50-426-OLA
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(Millstone Nuclear Power Station, Unit 3)
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ASLB No. 08-862-01-OLA
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CERTIFICATE OF SERVICE I hereby certify that copies of Dominion Nuclear Connecticuts Reply to Connecticut Coalition Against Millstone and Nancy Burtons Response to Boards Request for Legal Briefs 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), this 2nd day of September, 2008.
Secretary Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 secy@nrc.gov, hearingdocket@nrc.gov Office of Commission Appellate Adjudication Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 OCAAMAIL@NRC.GOV Administrative Judge William J. Froehlich, Chair Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 wjf1@nrc.gov Administrative Judge Dr. Paul B. Abramson Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 pba@nrc.gov Administrative Judge Dr. Michael F. Kennedy Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 mfk2@nrc.gov Nancy Burton 147 Cross Highway Redding Ridge, CT 06876 NancyBurtonCT@aol.com
David Roth, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: david.roth@nrc.gov Lloyd Subin, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Lloyd.Subin@nrc.gov
[Original Signed]
David R. Lewis 2