ML101100510
| ML101100510 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 04/20/2010 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 17744 | |
| Download: ML101100510 (6) | |
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 Northern States Power Co.
(Prairie Island Nuclear Generating Plant, Units 1 and 2)
Docket Nos. 50-282-LR and 50-306-LR ASLBP No. 08-871-01-LR-BD01 April 20, 2010 MEMORANDUM AND ORDER (Summarizing Prehearing Conference Call and Amending Hearing Schedule)
Pursuant to notice issued March 23, 2010,1 the Licensing Board held a telephonic pre-hearing conference call on April 13, 2010. The purpose of the call was to discuss general case management, the progress towards settlement, and the procedural dates leading up to a hearing on the Prairie Island Indian Communitys (PIICs) aging management contention based on a weak safety culture.2 The parties reported that settlement talks have been underway and that discussions are still constructive.3 Counsel for Northern States Power Company (NSPM) indicated that the 1 Licensing Board Order (Convening Teleconference and Establishing Hearing Schedule) (Mar.
23, 2010) (unpublished).
2 See Licensing Board Order (Narrowing and Admitting PIICs Safety Culture Contention) (Jan.
28, 2010) (unpublished).
3 Tr. at 214; see also Joint Status Report on Settlement Discussions (Apr. 19, 2010) (stating that
[w]hile the PIIC and NSPM have not yet reached an agreement, they continue to engage in settlement discussions).
parties are exchanging terms and counter-terms, but that discussions have been complicated by the parties concurrent efforts to resolve various state proceedings and historical bilateral concerns.4 Counsel for the Applicant further identified three constraints on its ability to promptly comply with the mandatory disclosure requirement at 10 C.F.R. § 2.336(a): disagreement amongst the parties over the scope of disclosures, a planned outage at the plant between April 17 and May 22, 2010, and the potential preparation of an outside safety culture assessment to be conducted in June. Counsel for NSPM expressed concerns with the hearing schedule set by the Board in its March 23 order and proposed an alternative schedule with initial disclosures due in June 2010 and an evidentiary hearing in October 2010. Counsel for PIIC agreed with NSPM that the Boards proposed hearing schedule was ambitious and concurred with the suggestion of a hearing date in October.5 Counsel for the NRC Staff did not object to the Applicants proposed schedule.6 In addition, counsel for the NRC Staff reported on the progress of the Final Supplemental Environmental Impact Statement (FSEIS), with a current projected release date in early June 2010.7 Finally, all parties to the telephone conference agreed to the use of the Digital Data Management System (DDMS) for any hearing to be held in this docket.8 The road to an evidentiary hearing begins with the mandatory disclosures required by the Commissions regulations. While settlement is always welcome - and indeed encouraged -
the Board desires to move expeditiously toward a hearing on the sole contention remaining in this proceeding. In light of the concerns expressed by the parties, the Board hereby amends 4 Tr. at 214.
5 Id. at 218.
6 Id. at 219.
7 Id. at 222-23.
8 Id. at 224-25.
the hearing schedule proposed in our March 23 order, beginning with the deadline for initial disclosures. We do not delay the hearing schedule lightly, given that the Commissions regulations call for initial disclosures just 14 days after the admission of a new contention,9 and we have already granted the parties nearly three months to pursue settlement discussions.
Nonetheless, in light of the parties ongoing discussions, we find it beneficial to postpone the deadline for initial mandatory disclosures until June 18, 2010. If the parties remain unable to agree upon the scope of mandatory disclosures, they are directed to file their motions for Board intervention in time for disclosures to go forward by the June 18 deadline.
The amended hearing schedule is set forth in an attachment to this order. The Board intends to adhere to this schedule and to conduct an evidentiary hearing under the procedures of 10 C.F.R. Part 2, Subpart L, no later than October 12, 2010.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD10 William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 20, 2010 9 10 C.F.R. Part 2, Appendix B.II, Model Milestones for Hearings Conducted Under 10 CFR Part 2, Subpart L.
10 Copies of this order were sent this date by the agencys E-Filing system to counsel for all parties.
/RA/
Prairie Island License Renewal Hearing Schedule1 Mandatory disclosures due no later than June 18, 20102 Initial written statements of position and prefiled written testimony and exhibits due July 30, 2010 Reponses to statements of position and rebuttal testimony due August 13, 2010 Motions in limine and motions to strike due August 23, 2010 Responses to motions in limine and motions to strike due August 30, 2010 Parties to submit proposed questions for Board to ask September 7, 2010 Motions for cross-examination due3 September 7, 2010 Final telephone prehearing conference September 21, 2010 Evidentiary hearing October 12, 2010 Proposed findings of fact and conclusions of law due November 12, 2010 Responses due November 26, 2010 Initial decision issued January 10, 2011 1 The following schedule contemplates the litigation of only one contention - PIICs aging management contention based on a weak safety culture. If any additional new or non-timely contentions are subsequently filed, the Board may need to amend the schedule accordingly.
2 Mandatory disclosures are to be updated on the last business day of each month, beginning in June 2010. Mandatory disclosures includes the witness lists and privilege logs required under 10 C.F.R. § 2.336(a) and (b).
3 These motions are filed in camera, and therefore no answers can be filed.
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)
)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (SUMMARIZING PREHEARING CONFERENCE CALL AND AMENDING HEARING SCHEDULE) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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 U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 Administrative Judge William J. Froehlich, Chairman E-mail: wjf1@nrc.gov Administrative Judge Gary S. Arnold E-mail: gxa1@nrc.gov Administrative Judge Thomas J. Hirons E-mail: thomas.hirons@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.
Beth Mizuno, Esq.
David Roth, Esq.
Brian G. Harris, Esq.
Maxwell Smith, Esq.
Brian Newell E-mail: elw2@nrc.gov bnm1@nrc.gov der@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov
2 DOCKET NOS. 50-282 AND 50-306-LR LB MEMORANDUM AND ORDER (SUMMARIZING PREHEARING CONFERENCE CALL AND AMENDING HEARING SCHEDULE)
Xcel Energy Services, Inc.
414 Nicollet Mall Minneapolis, Minnesota 55401 Peter M. Glass, Counsel for Nuclear Management Company, LLC Joyce A. Gasca Jean Borrett E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com E-mail: jean.l.borrett@xcelenergy.com Prairie Island Indian Community 5636 Sturgeon Lake Road Welch, Minnesota 55089 Philip R. Mahowald, Esq.
E-mail: pmahowald@piic.org 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 Nelson George, Esq.
Alison M. Crane, Esq.
Jason B. Parker, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.george@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
[Original signed by R. L. Giitter ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 20th day of April 2010.