ML100430626
| ML100430626 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 02/12/2010 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | Bellefonte Efficiency & Sustainability Team (BEST), Blue Ridge Environmental Defense League, Southern Alliance for Clean Energy |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17200 | |
| Download: ML100430626 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chairman Dr. Anthony J. Baratta Dr. William W. Sager In the Matter of Docket Nos. 50-438-CP and 50-439-CP TENNESSEE VALLEY AUTHORITY ASLBP No. 10-896-01-CP-BD01 (Bellefonte Nuclear Plant Units 1 and 2) February 12, 2010 MEMORANDUM AND ORDER (Submission of Joint Petitioners Reply Pleading)
In its January 15, 2010 initial prehearing hearing order, the Licensing Board established a schedule for (1) the submission of answers by the Tennessee Valley Authority (TVA) and the NRC staff to the Joint Petitioners* May 8, 2009 intervention petition; and (2) the Joint Petitioners reply to any TVA and staff answers. See Licensing Board Memorandum and Order (Initial Prehearing Order) (Jan. 15, 2010) at 3 (unpublished). Although TVA and the staff filed their answers on a timely basis on January 29, 2010, the Board and the other participants have yet to receive the Joint Petitioners reply.
During the past week, the mid-Atlantic region has experienced a series of snow storms that caused (1) the Nuclear Regulatory Commission (NRC) to authorize early dismissal for the afternoon of Friday, February 5, 2010; and (2) the federal government in the Washington, D.C.
area to remain closed between Monday, February 8, 2010, and Thursday, February 11, 2010.
Joint Petitioners include the Blue Ridge Environmental Defense League (BREDL) with its Bellefonte Efficiency and Sustainability (BEST) chapter and the Southern Alliance for Clean Energy (SACE).
During that entire period, however, as far as the Board is aware, the agencys E-Filing system has continued to operate to receive and serve filings by participants to this and other agency adjudications. Further, as far as the Board is aware, up to this point there has been no filing or other attempt by Joint Petitioners to contact the Board to explain their failure to submit their reply pleading by the established February 5 deadline.
If Joint Petitioners still intend to submit a reply to the January 29, 2010 answers of TVA and the staff, they must do so on or before noon Eastern Time (ET) on Tuesday, February 16, 2010. As appropriate, their reply pleading should be accompanied by a motion that (1) explains why they failed to file that pleading by the February 5 deadline so as to engender good cause for their submission delay; and (2) in accord with 10 C.F.R. § 2.323(b), outlines their efforts to contact TVA and staff counsel to ascertain whether either participant objects to their motion.
Any TVA or staff filing opposing such an motion by Joint Petitioners regarding the filing of their reply pleading must be submitted on or before noon ET on Wednesday, February 17, 2010.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III CHAIRMAN Rockville, Maryland February 12, 2010
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-438-CP
) and 50-439 CP (Bellefonte Nuclear Power Plant - )
Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (SUBMISSION OF JOINT PETITIONERS REPLY PLEADING) have been served upon the following persons by the Electronic Information Exchange (EIE) with additional service by email on persons marked with*.
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 G. Paul Bollwerk, III, Chair Edward Williamson, Esq.
Administrative Judge E-mail: elw2@nrc.gov E-mail: paul.bollwerk@nrc.gov Andrea Jones, Esq.
E-mail: axj4@nrc.gov Dr. Anthony J. Baratta Brian Newell, Paralegal Administrative Judge E-mail: bpn1@nrc.gov E-mail: ajb5@nrc.gov David E. Roth, Esq.
E-mail: david.roth@nrc.gov Dr. William W. Sager Administrative Judge OGC Mail Center E-mail: william.sager@nrc.gov E-mail: OGCMailCenter@nrc.gov Ann Hove, Law Clerk E-mail: ann.hove@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 Nos. 50-438 and 50-439-CP MEMORANDUM AND ORDER (SUBMISSION OF JOINT PETITIONERS REPLY PLEADING)
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.
ksutton@morganlewis.com E-mail: ejvigluicci@tva.gov Martin J. ONeill, Esq. Scott A. Vance, Esq.
E-mail: martin.oneill@morganlewis.com E-mail: savance@tva.gov Lawrence Chandler, Esq. Maureen H. Dunn, Esq.
E-mail: lchandler@morganlewis.com E-mail: mhdunn@tva.gov Mary L. Freeze, Legal Secretary Maria V. Gillen, Esq.
E-mail: mfreeze@morganlewis.com mvgillen@tva.gov Angela Perry Christopher Chandler, Esq.
Angela.perry@morganlewis.com E-mail: ccchandler0@tva.gov Blue Ridge Environmental Defense League, Eckert Seamans Cherin & Mellott, LLC Inc. (BREDL) Counsel for Westinghouse Electric Company Bellefonte Efficiency & Sustainability Team 600 Grant Street, 44th Floor (BEST) Pittsburgh, PA 15219 P.O. Box 88 Glendale Springs, NC 28629 Barton Z. Cowan, Esq.
Louis A. Zeller E-mail: teribart61@aol.com E-mail: bredl@skybest.com Southern Alliance for Clean Energy 428 Bull Street Savannah, GA 31401 Sara Barczak*
E-mail: sara@cleanenergy.org
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of February 2010