ML100430791
| ML100430791 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 02/12/2010 |
| From: | Bessette P Morgan, Morgan, Lewis & Bockius, LLP, Tennessee Valley Authority |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-391-OL, ASLBP 09-893-01-OL-BD01, RAS 17201 | |
| Download: ML100430791 (4) | |
Text
DB1/64397778.1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket No. 50-391-OL TENNESSEE VALLEY AUTHORITY
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February 12, 2010 (Watts Bar Nuclear Plant Unit 2)
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TENNESSEE VALLEY AUTHORITYS UNOPPOSED MOTION FOR ORDER ESTABLISHING DEADLINE TO FILE RESPONSES TO WAIVER PETITION In accordance with 10 C.F.R. § 2.323(a), Tennessee Valley Authority (TVA),
Applicant in the above-captioned proceeding, submits this Unopposed Motion requesting that the Atomic Safety and Licensing Board (Board) establish March 1, 2010 as the deadline for responses to the Petition for Waiver of 10 C.F.R. §§ 51.53(b) and 51.95(b) with Respect to Admission of Contentions Regarding Need for Power and Consideration of Alternative Energy Sources (Waiver Petition) filed by Southern Alliance for Clean Energy (SACE) on February 4, 2010. TVA certifies that it has discussed this matter with SACE and the NRC Staff, and both parties concur with March 1, 2010 as the deadline for responses to the Waiver Petition.
On February 4, 2010, SACE filed a Waiver Petition pursuant to 10 C.F.R. § 2.335(b).
Although Section 2.335(b) grants other parties the right to respond to a waiver request, it does not specify the time period within which such responses must be filed. In prior NRC proceedings, the presiding Board has established such a deadline by order.1 In this case, 1
See, e.g., Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 & 3), Licensing Board Order (Clarifying Time for Entergy to File Answer to CRORIP 10 C.F.R. 2.335 Petition) at 1 (Jan. 2, 2008)
(unpublished) (ordering responses to be filed 43 days after the waiver petition); Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 & 3), Licensing Board Order (Authorizing FUSE to Submit a Section 2.335 Petition) at 3 (Nov. 21, 2007) (unpublished) (ordering responses to be filed 28 days after the
however, no previous Board order identifies a date by which responses to a waiver request must be filed. Given the absence of any pre-established deadline, TVA has consulted with SACE and the NRC Staff, and all parties agree on setting March 1, 2010 as the due date.2 Such a deadline would allow 25 days for the preparation of responses, which is consistent with the length of time other Boards have allowed for responses to waiver requests.3 Thus, particularly in light of the recent weather conditions, TVA submits that adequate grounds exist for approval of this Motion.
Accordingly, TVA requests the Board establish March 1, 2010 as the deadline for responses to the Waiver Petition.
Respectfully submitted, Signed (electronically) by Paul M. Bessette Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-3000 Fax: 202-739-3001 E-mail: pbessette@morganlewis.com Edward J. Vigluicci, Esq.
Office of the General Counsel Tennessee Valley Authority 400 W. Summit Hill Drive, WT 6A-K Knoxville, TN 37902 Phone: 865-632-7317 E-mail: ejvigluicci@tva.gov Counsel for TVA Dated in Washington, D.C.
this 12th day of February 2010 waiver petition); Private Fuel Storage L.L.C. (Independent Spent Fuel Storage Installation), Docket No. 72-22, Licensing Board Memorandum and Order (Memorializing Initial Prehearing Conference Directives) at 2 (Feb.
2, 1998) (unpublished) (ordering responses to be filed 27 days after the waiver petition).
2 TVA had originally planned to raise this issue with the Board during the February 10, 2010 conference call.
As that call was cancelled due to inclement weather, TVA believes filing this Motion is now appropriate.
3 See note 1, supra.
DB1/64397778.1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket No. 50-391-OL TENNESSEE VALLEY AUTHORITY
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February 12, 2010 (Watts Bar Nuclear Plant Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that, on February 12, 2010, copies of Tennessee Valley Authoritys Unopposed Motion for Order Establishing Deadline to File Responses to Waiver Petition, were served by the Electronic Information Exchange on the following recipients:
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Lawrence G. McDade, Chair Administrative Judge E-mail: lgm1@nrc.gov Paul B. Abramson Administrative Judge E-mail: pba@nrc.gov Gary S. Arnold Administrative Judge E-mail: gxa1@nrc.gov Wen Bu, Law Clerk E-mail: wxb3@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.
E-mail: elw2@nrc.gov David Roth, Esq.
E-mail: david.roth@nrc.gov Andrea Jones, Esq.
E-mail: andrea.jones@nrc.gov Jeremy M. Suttenberg, Esq.
E-mail: jeremy.suttenberg@nrc.gov Brian Newell, Paralegal E-mail: bpn1@nrc.gov OGC Mail Center E-mail: OGCMailCenter@nrc.gov
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16C1 Washington, DC 20555-0001 OCAA Mail Center E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov Diane Curran, Esq.
Matthew D. Fraser, Esq.
Representative of Southern Alliance for Clean Energy (SACE)
Matthew Harmon, Curran, Spielberg &
Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 E-mail: dcurran@harmoncurran.com mfraser@harmoncurran.com Signed (electronically) by Paul M. Bessette Paul M. Bessette, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-3000 Fax: 202-739-3001 E-mail: pbessette@morganlewis.com