ML091820763
| ML091820763 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 07/01/2009 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Ortman D - No Known Affiliation |
| SECY RAS | |
| References | |
| 50-220-LT, 50-410-LT, License Transfer 2, RAS 4345 | |
| Download: ML091820763 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
)
In the Matter of )
)
NINE MILE POINT NUCLEAR STATION, LLC ) Docket Nos. 50-220-LT
) 50-410-LT (Nine Mile Point Nuclear Station, Units 1 and 2) )
)
_________________________________________)
ORDER On May 6, 2009, the Commission published a notice of opportunity for hearing in the captioned matter. 74 Fed. Reg. 21,015. The notice explained the process for filing a request for hearing and petition for leave to intervene, id. at 21,015, and for filing written comments on the license transfer application, id. at 21,016. The Commission received an e-mail on May 22, 2009, submitted pursuant to the Federal Register notice, by Mr. David Ortman, Esq., of Seattle, Washington. The e-mail, which is styled as a Comment and Request, was filed within the stated time period for both requests for hearing and for written comments. See id. at 21,015, 21,016. However, it does not satisfy the Commissions procedural requirements for petitions to intervene, set forth in 10 C.F.R. § 2.309 and identified in the notice, in that the filing addresses neither the Commissions contention admissibility requirements nor Mr. Ortmans interest in the proceeding. Additionally, the filing does not meet the specific requirements of the Commissions E-Filing rule, which the NRC promulgated in August, 2007, see 72 Fed. Reg. 49,139 (Aug. 28, 2007), and which is specifically incorporated into the notice. See 74 Fed. Reg. at 21,015.
Therefore, pursuant to my authority under 10 C.F.R. § 2.346(h), to the extent that the filing is a petition to intervene and request for hearing, I deny the request as procedurally deficient.
However, to the extent that the filing transmits comments on the proposed transfer, pursuant to 10 C.F.R. § 2.1305, I hereby refer the filing to the Staff for its consideration in conjunction with the license transfer application.
For the Commission (NRC SEAL)
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 1st day of July, 2009.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NINE MILE POINT NUCLEAR STATION , LLC ) Docket Nos. 50-220-LT
) 50-410-LT (Nine Mile Point Nuclear Station, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY (RESPONDING TO REQUESTS OF DAVID ORTMAN, ESQ.) have been served upon the following persons by the Electronic Information Exchange and to persons marked with* by electronic mail.
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.resource@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission David E. Ortman, Esq.*
Office of the General Counsel 7043 22nd Avenue NW Mail Stop O-15D21 Seattle, WA 98117 Washington, DC 20555-0001 E-mail: deortman@msn.com E-mail:
OGCMailCenter@nrc.gov
2 Nine Mile Point Nuclear Station, Units 1 and 2 Docket Nos. 50-220-LT and 50-410-LT ORDER OF THE SECRETARY (RESPONDING TO REQUESTS OF DAVID ORTMAN, ESQ.)
Counsel for the Applicant Counsel for CENG Hogan & Hartson, LLP Morgan, Lewis & Bockius, LLP Columbia Square 1111 Pennsylvania Ave., NW 555 Thirteenth Street, NW Washington, DC 20004 Washington, DC 20004 John E. Matthews, Esq.
Daniel F. Stenger, Esq.* E-mail: jmatthews@morganlewis.com Amy C. Roma, Esq.
E-mail: DFStenger@hhlaw.com acroma@hhlaw.com
[Original signed by R. L. Giitter]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 1st day of July, 2009