ML082600636
| ML082600636 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 09/16/2008 |
| From: | Travieso-Diaz M Dominion Nuclear Connecticut, Dominion Resources Services, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| 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 1139 | |
| Download: ML082600636 (4) | |
Text
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW l Washington, DC 20037-1122 l tel 202.663.8000 l fax 202.663.8007 Matias F. Travieso-Diaz tel 202.663.8142 matias.travieso-diaz@pillsburylaw.com September 16, 2008 Administrative Judge Administrative Judge William J. Froehlich, Chair Dr. Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Dr. Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Unit No. 3)
Docket No. 50-423-OLA
Dear Administrative Judges:
On September 4, 2008, the Office of the Secretary referred to the Atomic Safety and Licensing Board (Board), for any action that the Board deems appropriate, Connecticut Coalition Against Millstone and Nancy Burton's New Contentions and Request for Leave to Submit New Contentions Based on Receipt of New Information and Request for Continuing Waiver of E-Filing Requirements (Aug. 27, 2008). We are writing the inform the Board that, because Dominion believes that the uprate proceeding is terminated, Dominion does not intend to respond to this filing unless and until directed to do so by the Board.
In its Memorandum and Order (Requesting Legal Briefs from CCAM, Dominion, and the NRC Staff) (Aug. 14, 2008) (Memorandum and Order), the www.pillsburylaw.com
Administrative Judges Froelichm Abramson and Kennedy September 16, 2008 Page 2 Board asked the parties to address 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), which Petitioners had filed on August 7, 2008. In its Memorandum and Order, the Board posed four questions to the parties regarding the Motion. On August 25, 2008, Dominion and the Staff filed responses opposing the Motion and Petitioners request to be allowed to file new contentions in the above proceeding. 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); NRC Staff's Initial Legal Briefing on Board's Questions (Aug. 25, 2008) (Staffs Brief).
In its response to the Boards Memorandum and Order, Dominion explained that the adjudicatory proceeding on the license amendment has been terminated, the license amendments have been issued, and Petitioners appeal of the Boards decision has been denied. Dominions Brief at 3. Accordingly, there is no longer a proceeding in which Petitioners may intervene. Id. Dominion went on to note that, even if there were an existing proceeding in which Petitioners could intervene, Petitioners had made no attempt to address the standards required to reopen a closed record in an adjudicatory proceeding or the standards for late intervention. Id. Dominion further pointed out that, even if late filing of new contentions were still possible, Petitioners had provided no grounds to reopen this closed proceeding and have such contentions entertained. Id. Accordingly, their Motion should be denied. Id. The NRC Staff made essentially the same arguments. See NRC Staff's Brief at 8-12.
In its reply to Petitioners brief in response to the Boards Memorandum and Order, Dominion refuted Petitioners argument that the Secretarys Order of August 11, 2008 in which the Commission referred to the Board Petitioners Motion had acted to keep the record of the uprate proceeding open notwithstanding the Commissions denial of Petitioners appeal. Dominion pointed out that Petitioners have provided 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.
Dominion Nuclear Connecticuts Reply to Connecticut Coalition Against Millstone and Nancy Burtons Response to Boards Request for Legal Briefs (Sep. 2, 2008) at 2.
The Board has yet to rule on Petitioners Motion, and the legal issues raised by Petitioners August 27, 2008 Request to File New Contentions are same as those involved in the Motion.
www.pillsburylaw.com
Administrative Judges Froelichm Abramson and Kennedy September 16, 2008 Page 3 Dominion respectfully submits that Petitioners August 27 filing should be summarily denied for the same reasons their earlier Motion should be denied.
Accordingly, Dominion will not file a response to Petitioners August 27, 2008 Request to File New Contentions unless otherwise directed by the Board.
Sincerely,
/Signed Electronically by Matias F. Travieso-Diaz/
David R. Lewis Matias F. Travieso-Diaz Stefanie M. Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1122 (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.
cc: Service List www.pillsburylaw.com
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-OLA
)
(Millstone Nuclear Power Station, Unit 3) ) ASLB No. 08-862-01-OLA-BD01
)
SERVICE LIST Secretary Office of Commission Appellate Adjudication Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 OCAAMAIL@NRC.GOV secy@nrc.gov, hearingdocket@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, DC 20555-0001 Washington, DC 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, CT 06876 U.S. Nuclear Regulatory Commission NancyBurtonCT@aol.com Washington, DC 20555-0001 mfk2@nrc.gov 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, DC 20555-0001 E-mail: david.roth@nrc.gov Lloyd.Subin@nrc.gov www.pillsburylaw.com