ML090760701
| ML090760701 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 03/16/2009 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | Northern States Power Co |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 2955 | |
| Download: ML090760701 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. (formerly ASLBP No. 08-871-01-LR-BD01 Nuclear Management Company, LLC.)
March 16, 2009 (Prairie Island Nuclear Generating Plant, Units 1 and 2)
ORDER (Granting Motion for Extension of Time to File Motions to Compel and Directing Negotiations on Protective Order)
On March 13, 2009, Northern States Power Company (NSP) filed an unopposed motion requesting to extend until March 26, 2009, the deadline for any motions to compel related to the initial disclosures that were filed on March 9, 2009.1 Pursuant to 10 C.F.R. § 2.323(a), any motion must be filed within ten days of the occurrence from which such motion arises.
Consequently, any motion to compel related to the March 9 initial disclosures would be due on March 19. NSPs motion states however, that it and the Prairie Island Indian Community (PIIC) have scheduled a meeting on March 18 to discuss concerns. Therefore, with the concurrence of both the PIIC and the NRC Staff, NSP requests an additional week to try to reach an amicable resolution of disclosure issues.
1 NSPMs Consent Motion for Extension (Mar. 13, 2009).
NSP and PIIC currently have pending before the Board competing motions for adoption of a protective order and a non-disclosure statement.2 NSP and PIIC are directed to negotiate a mutually agreeable protective order and a non-disclosure statement and report to the Board no later than March 20, 2009 whether or not an agreement has been reached. If an agreement among the parties is not reached by March 20, 2009, the Board will issue a protective order and non-disclosure statement to be used in this proceeding. The parties are advised to negotiate the resolution of this issue.
For good cause shown, NSPs unopposed motion requesting an additional week, until March 26, 2009, to try to reach an amicable resolution of disclosure issues is GRANTED.
The parties are further directed to attempt to resolve their differences and propose to the Board a mutually agreed upon protective order and non-disclosure statement by close of business on March 20, 2009. Should the parties report to the Board that they were unsuccessful in these efforts, the Board will issue its own version of the protective order and non-disclosure statement to be used in this proceeding.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 16, 2009 2
NSPM Motion for Protective Order and Non-Disclosure Agreement Regarding Proprietary Documents (Mar. 8, 2009); Prairie Island Indian Communitys Motion for Protective Order and Non-Disclosure Agreement Regarding Proprietary Documents (Mar. 9, 2009).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NORTHERN STATES POWER COMPANY )
)
) Docket Nos. 50-282-LR
) 50-306-LR (Prairie Island Nuclear Generating Plant, )
Units 1 and 2) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTIONS TO COMPEL AND DIRECTING NEGOTIATIONS ON PROTECTIVE ORDER) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward Williamson, Esq.
Administrative Judge William J. Froehlich, Beth Mizuno, Esq.
Chairman David Roth, Esq.
E-mail: wjf1@nrc.gov Brian G. Harris, Esq.
Maxwell Smith, Esq.
Administrative Judge Gary S. Arnold Brian Newell E-mail: gxa1@nrc.gov E-mail: elw2@nrc.gov bnm1@nrc.gov Administrative Judge Thomas J. Hirons der@nrc.gov E-mail: thomas.hirons@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov
2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTIONS TO COMPEL AND DIRECTING NEGOTIATIONS ON PROTECTIVE ORDER)
Xcel Energy Services, Inc. Prairie Island Indian Community 414 Nicollet Mall 5636 Sturgeon Lake Road Minneapolis, Minnesota 55401 Welch, Minnesota 55089 Peter M. Glass, Counsel for Nuclear Philip R. Mahowald, Esq.
Management Company, LLC E-mail: pmahowald@piic.org E-mail: peter.m.glass@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Stefanie M. Nelson, Esq.
Alison M. Crane, Esq.
Jason B. Parker, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 17th day of March 2009