ML093510288

Notice (Initial Scheduling Conference)

ML093510288
Person / Time
Site:	Watts Bar
Issue date:	12/17/2009
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-391-OL, ASLBP 09-893-01-OL-BD01, RAS 16843
Download: ML093510288 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Paul B Abramson Dr. Gary Arnold In the Matter of Docket No. 50-391-OL Tennessee Valley Authority ASLBP No. 09-893-01-OL-BD01 (Watts Bar Unit 2)

December 17, 2009 NOTICE (Initial Scheduling Conference)

The purpose of this Order is notify the Southern Alliance for Clean Energy (SACE), the Tennessee Valley Authority and the NRC Staff that, in accordance with 10 C.F.R. §§ 2.329 and 2.332, the Board will hold an initial scheduling conference via telephone on December 22, 2009, at 3:00 PM EST for the purpose of developing a scheduling order to govern the conduct of this proceeding. The Board anticipates that this conference will last no more than 30 minutes.

Prior to the conference call all parties should familiarize themselves with the relevant procedural rules of 10 C.F.R. Part 2, including but not limited to 10 C.F.R. §§ 2.310, 2.323, 2.329, 2.332, 2.333, 2.334, 2.338, all of Subpart L, and the model milestones set forth in Appendix B to Part 2.

In accordance with 10 C.F.R. § 2.332(d), the Board will consider the NRC Staffs projected schedule for completion of its safety and environmental evaluations in developing the hearing schedule. Accordingly, the NRC Staff shall be prepared at the conference to advise the Board of its projected schedule for completion of such safety and environmental evaluations,

including but not limited to its best good faith estimate of the dates when it expects to issue the draft and final safety evaluation reports, the draft and final environmental assessments or environmental impact statements, and if applicable, the draft and final no significant hazards consideration determinations.

The parties and the Staff should be prepared to address the following matters at the initial scheduling conference call:

1. Whether the agreement regarding the production of the mandatory disclosure materials that was entered into by the parties on December 1, 2009, is operating to the satisfaction of the parties, whether the agreement requires any modification at this time, whether any issues with regard to the mandatory disclosures should be addressed by the Board at this time, and whether the parties anticipate that the initial disclosures will be provided on or before January 10, 2010, as contemplated by the parties agreement;

2. Whether the time frames for the updating of mandatory disclosures, 10 C.F.R. § 2.336(d), and for the updating of the hearing file, 10 C.F.R. § 2.1203(c), that were agreed to by the parties on December 1, 2009, need modification;

3. Whether the parties desire to handle any specific contention under Part 2 Subpart N and, if not at this time, whether to establish a later time for reconsideration of this issue (10 C.F.R. § 2.310(h));

4. Suggested time limits for the filing of any motion for the use of Subpart G hearing procedures for a particular contention pursuant to 10 C.F.R. § 2.310(d);1

5. Suggestions for modifying the time limits set in 10 C.F.R. § 2.1205(a) to prevent motions for summary disposition from conflicting with the preparation by the parties and the Board for the evidentiary hearing; 1

See Entergy Nuclear Vermont Yankee, L.L.C. (Vermont Yankee Nuclear Power Station), LBP-04-31, 60 NRC 686, 703 (2004).

6. Suggested time limits for filing timely motions for leave to file new or amended contentions under 10 C.F.R. § 2.309(f)(2)(iii) and defining nontimely filings under 10 C.F.R. § 2.309(c);

7. Specification of pleading rules for motions for leave to file new or amended contentions that reconcile 10 C.F.R. §§ 2.309(c), 2.309(f)(2), and 2.323 (motions and answers to motions) with 10 C.F.R. § 2.309(h) (answers and replies to contentions);

8. Suggested time limit for filing of the final list of potential witnesses for each contention pursuant to 10 C.F.R. § 2.336(a)(1);

9. Opportunities for the clarification, simplification, or specification of the issues in accordance with 10 C.F.R. § 2.329(c)(1);

10. Opportunities to develop stipulations or admissions of fact in accordance with 10 C.F.R. § 2.329(c)(3);

11. Opportunities for the settlement of issues or contentions, including the utility of appointing a settlement judge pursuant to 10 C.F.R. § 2.338;

12. Whether the parties should be required to file their respective initial written statements of position and written testimony with supporting affidavits pursuant to 10 C.F.R. § 2.1207(a)(1) simultaneously or sequentially, and if sequentially, which party should file first;

13. Suggested time limits for the filing of motions for cross-examination under 10 C.F.R.

§ 2.1204;2 and

14. Any other procedural or scheduling matters that the Board or the parties may deem appropriate.

2 See Citizens Awareness Network v. United States, 391 F.3d 338, 353-54 (1st Cir.

2004); Vermont Yankee, LBP-04-31, 60 NRC at 710-11.

On or before December 21, 2009, counsel for each of the parties shall contact Matina Solomakos at 301-415-0453 to obtain the telephone number and pass code for the December 22, 2009, scheduling conference call.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD3

/RA/ E. R. Hawkens for Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 17, 2009 3

Copies of this memorandum and order were sent this date by the agencys E-Filing system to the counsel/representatives for (1) the Southern Alliance for Clean Energy, (2) the Tennessee Valley Authority; and (3) the NRC Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL

)

(Watts Bar Nuclear Power Plant - )

Unit 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE (Initial Scheduling Conference) have been served upon the following persons by the Electronic Information Exchange.

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 Lawrence G. McDade, Chair Edward Williamson, Esq.

Administrative Judge E-mail: elw2@nrc.gov E-mail: lgm1@nrc.gov David Roth, Esq.

E-mail: david.roth@nrc.gov Paul B. Abramson Andrea Jones, Esq.

Administrative Judge E-mail: axj4@nrc.gov E-mail: paul.abramson@nrc.gov Jeremy Suttenberg, Esq.

E-mail: jeremy.suttenberg@nrc.gov Brian Newell, Paralegal Gary S. Arnold E-mail: bpn1@nrc.gov Administrative Judge E-mail: gxa1@nrc.gov OGC Mail Center Wen Bu, Law Clerk E-mail: OGCMailCenter@nrc.gov E-mail: wxb3@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov

2 Docket No. 50-391-OL NOTICE (Initial Scheduling Conference)

Morgan, Lewis & Bockius, LLP Tennessee Valley Authority Counsel for Tennessee Valley Authority Office of the General Counsel 1111 Pennsylvania Ave., N.W. 400 W. Summit Hill Drive, WT 6A-K Washington, DC 20004 Knoxville, TN 37902 Kathryn M. Sutton, Esq. Edward J. Vigluicci, Esq.

E-mail: ksutton@morganlewis.com E-mail: ejvigluicci@tva.gov Paul M. Bessette, Esq. Maureen H. Dunn, Esq.

E-mail: pbessette@morganlewis.com E-mail: mhdunn@tva.gov Raphael P. Kuyler, Esq. Harriet A. Cooper, Esq.

rkuyler@morganlewis.com E-mail: hacooper@tva.gov Esther Park, Esq. Christopher Chandler, Esq.

esther.park@morganlewis.com E-mail: ccchandler0@tva.gov Mary L. Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Southern Alliance for Clean Energy (SACE)

Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street N.W., Suite 600 Washington, DC 20036 Diane Curran, Esq.

E-mail: dcurran@harmoncurran.com Matthew Fraser, Esq.

E-mail: mfraser@harmoncurran.com

[Original signed by Linda D. Lewis]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 17th day of December 2009