ML101250298

Order (Regarding Deadlines for Submissions of Parties)

ML101250298
Person / Time
Site:	Pilgrim
Issue date:	05/05/2010
From:	Austin Young Atomic Safety and Licensing Board Panel
To:
SECY/RAS
References
06-848-02-LR, 50-293-LR, RAS J-218
Download: ML101250298 (4)

Text

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

Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of: Docket No. 50-293-LR ENTERGY NUCLEAR GENERATION ASLBP No. 06-848-02-LR COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.

(Pilgrim Nuclear Power Station) May 5, 2010 ORDER (Regarding Deadlines for Submissions of Parties)

On May 4, 2010, the Licensing Board held a telephone conference to address, among other things, the issues and schedule for hearing on the Commissions remand in Entergy Nuclear Generation Co. and Entergy Nuclear Operations Inc. (Pilgrim Nuclear Power Station),

CLI-10-11, 71 NRC __ (Mar. 26, 2010). Following up on the matters discussed in the conference, the Board hereby directs the parties to file submissions on the following matters, no later than Wednesday, May 12, 2010:

1. Proposed concise statements of the issues for the hearing on Contention 3, along with proposals on whether the issues should be tried together or in a bifurcated fashion in stages, in light of the potential statement of the issues provided in the Boards May 4, 2010, Order (Regarding Agenda for Telephone Conference Call),

and the discussion held in the May 4 telephone conference. These statements shall be accompanied by brief argument in support of such proposed statements of the issues.

2. Statements on whether the parties wish to have a settlement judge appointed in the proceeding, to assist them in possibly resolving the case without the need for a hearing. This appointment would be made by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel. All settlement discussions would take place on a separate track from the adjudication, without any communications between the Board and any such settlement judge, other than for the settlement judge to provide periodic updates and information on the basic fact of whether a settlement has been reached.

3. The parties proposed schedules for the remainder of this adjudication proceeding, including discovery and hearing, and including the parties proposals on whether the hearing should be held in a single session or potentially in two steps.

The above matters shall all be addressed in one written submission from each party, not to exceed ten (10) pages, with no incorporation of other material by reference. Responses of the parties to each others submissions shall be filed no later than Monday, May 17, 2010, and shall not exceed five (5) pages.

Finally, the Board notes that at the telephone conference Entergy through its counsel agreed to provide the information sought by Pilgrim Watch on page 2 of its Request for Information Relating to Previous Disclosures and Request for Additional Information (May 3, 2010). Regarding the requests on page 1 thereof, the Board directs Entergy to provide a listing of all the document titles included on each CD that has been provided to Pilgrim Watch, and to provide the same sort of document title listing for any further information provided in the future.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland May 5, 20101 1

Copies of this Order were provided to all parties and/or representatives for parties by e-mail transmission on this date.

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

)

ENTERGY NUCLEAR GENERATION CO. )

AND )

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-293-LR

)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING DEADLINES FOR SUBMISSIONS OF PARTIES) have been served upon the following persons by U.S. mail, first class, or through NRC internal mail.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3 F23 Mail Stop: O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Susan L. Uttal, Esq.

Ann Marshall Young, Chair David Roth, Esq.

Andrea Z. Jones, Esq.

Administrative Judge Brian G. Harris, Esq.

Richard F. Cole Michael G. Dreher, Esq.

Brian Newell, Paralegal Administrative Judge Paul B. Abramson Katherine Tucker, Law Clerk U.S. Nuclear Regulatory Commission Lisa Regner Office of Commission Appellate Senior Project Manager Adjudication Division of License Renewal Mail Stop: O-16C1 Office of Nuclear Reactor Regulation Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Mail Stop: O11 F-1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001

Docket No. 50-293-LR LB ORDER (REGARDING DEADLINES FOR SUBMISSIONS OF PARTIES)

Terrence A. Burke, Esq David R. Lewis, Esq.

Entergy Nuclear Paul A. Gaukler, Esq.

1340 Echelon Parkway Jason B. Parker, Esq.

Mail Stop: M-ECH-62 Pillsbury, Winthrop, Shaw, Pittman, LLP Jackson, MS 39213 2300 N. Street, N.W.

Washington, DC 20037-1128 Kevin M. Nord, Fire Chief & Director Matthew Brock, Assistant Attorney General Duxbury Emergency Management Agency Office of the Attorney General 668 Tremont Street Environmental Protection Division Duxbury, MA 02332 One Ashburton Place, 18th Floor Boston, MA 02108 Mary Lampert, Director Melissa Arrighi Pilgrim Watch Acting Town Manager 148 Washington Street Town of Plymouth MA Duxbury, MA 02332 Town Managers Office 11 Lincoln Street Plymouth, MA 02360 Sheila Slocum Hollis, Esq.

Duane Morris, LLP Town of Plymouth MA 505 9th Street, NW, Suite 1000 Washington, DC 20004-2166

[Original signed by Nancy Greathead]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of May 2010.

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