ML102710280
| ML102710280 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 09/28/2010 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| ASLBP 08-871-01-LR-BD01, RAS 18724, 50-282-LR, 50-306-LR | |
| Download: ML102710280 (7) | |
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.
(FORMERLY NUCLEAR MANAGEMENT COMPANY, LLC)
(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 September 28, 2010 (Providing Further Administrative Direction for Hearing)
MEMORANDUM AND ORDER On September 21, 2010, the Licensing Board convened a prehearing teleconference1 to discuss the evidentiary hearing beginning on October 12, 2010 and the October 11, 2010 limited appearance statement sessions. These events will be held at the Dakota County Judicial Center in Hastings, Minnesota.2 The following summarizes some of the topics discussed during that teleconference, and provides further direction regarding issues on which the parties inquired.
1 See Tr. 227-48.
2 On the days for which this Board has scheduled limited appearance statement sessions and hearing sessions, the Dakota County Judicial Center in Hastings, Minnesota, will open at 7:30 a.m., CDT.
- 1.
Parties shall adhere to the Boards directives in its August 17, 2010 Memorandum and Order regarding testimony and exhibit filings at the hearing session.
Filing of Testimony and Exhibits 3 As stated in that Memorandum and Order, the Board strongly discourages revisions to pre-filed testimony and exhibit documents in the absence of a compelling need.4
- 2.
The DDMS provides access to an electronic version of all the pleadings and other submissions in this proceeding along with the official versions of the evidentiary materials as they are incorporated into the record by the Board at the hearing. DDMS is available to any authorized party representative Use of the Digital Data Management System (DDMS) 5 with internet access provided that the user (a) attends the DDMS training session; (b) has a valid NRC-issued electronic information exchange (EIE) digital certificate; and (c) signs and adheres to the DDMS Rules of Behavior.6 A DDMS training session, lasting approximately one hour, will take place at the Dakota County Judicial Center courtroom 2E on Monday, October 11, 2020, at 1:00 p.m. CDT.
Alternatively, the NRC Staff, the parties and their consultants and support staff may attend a training session at NRC headquarters in Rockville, Maryland, by contacting Andrew Welkie at DDMSWebMaster@nrc.gov on or before Friday, October 1, 2010.
All party representatives who want access to the DDMS shall contact Andrew Welkie at DDMSWebMaster@nrc.gov on or before Friday, October 1, 2010, to secure DDMS authentication and password matters.
3 See Licensing Board Order (Providing Administrative Direction on Pre-Filed Evidentiary Material) (Aug. 17, 2010) (unpublished).
4 See id. at 6.
5 DDMS is a litigation tool intended for participants in Licensing Board proceedings including attorneys and their support staff personnel. Individuals requesting access to DDMS must be identified by a participants counsel as an authorized user prior to being granted access.
6 The DDMS Rules of Behavior will be provided at the October 11, 2010 DDMS training session.
- 3.
Wireless internet access on the SSID network will be available at the Dakota County Judicial Center. For access, internet users must agree to the Dakota County internet policy, which should appear in the users internet browser, prior to connecting to the internet.
Internet Access and Connectivity
- 4.
As stated in its September 13, 2010 Notice, the Board will conduct two sessions at which it will hear oral limited appearance statements on Monday, October 11, 2010.
Scheduling for Limited Appearance Statements 7
Guidelines for participation at the limited appearance statement sessions remain as stated in the Boards September 13, 2010 Notice.
The first session will be from 3:00 p.m. to 5:00 p.m. CDT and the second session will be from 7:00 p.m. to 9:00 p.m. CDT at the Dakota County Judicial Center, courtroom 2E.
8
- 5.
As the Board explained in that Notice, the purpose of the limited appearance statement sessions is to help the Board understand public perception of the sole contention that remains at issue.
The Board requires the attendance and intends to question the following witnesses on their pre-filed testimony and exhibits:
Questioning of Witnesses at the Hearing Session
- 1. PIIC Witness Christopher I. Grimes
- 2. NRC Staff Witness Dr. Valerie E. Barnes
- 3. NRC Staff Witness Richard A. Plasse
- 4. NRC Staff Witness John (Jack) B. Giessner
- 5. NSP Witness Scott D. Northard
- 6. NSP Witness Steven C. Skoyen 7 See 10 C.F.R. § 2.315(a); Licensing Board Notice (Opportunity to Make Oral or Written Limited Appearance Statements) (Sept. 13, 2010) (unpublished) [hereinafter LAS Notice].
8 See LAS Notice.
All other witnesses who submitted pre-filed testimony need not attend the hearing session. The Board will, on motion of counsel for the sponsoring party, move the sworn pre-filed testimony into the record as if read.
The Board will first question the Applicants witnesses, followed by the NRC Staff witnesses, and finally the Intervenors witness.
- 6.
Separate workrooms will be available for the three parties to this proceeding. The Boards law clerks, Ann Hove and Kirsten Stoddard, will introduce themselves to parties and will indicate the location of these rooms.
Availability of Counsel Workrooms and Printers Printing services will not be provided at the Dakota County Judicial Center. Parties are free to provide their own means of printing documents at the hearing session.
- 7.
After the Board has asked its questions of the witnesses or witness panels, the Board will provide an opportunity for the parties to propose follow-up questions that they wish the Board to ask. However, the Board retains discretion regarding whether to ask any additional follow-up questions of witnesses after it has concluded its initial questioning session.
Submission of Additional Proposed Questions for the Board to Ask of Witnesses 9
Should parties wish to submit additional proposed questions for the Boards consideration upon conclusion of the Boards questioning of a witness, they may submit their proposed questions via email to Judge Froehlich at William.Froehlich@nrc.gov. The Board will then decide during a recess whether to pursue additional questioning.
- 8.
Proposed transcript corrections to any prehearing conference are due ten (10) days after the conclusion of that conference. Proposed corrections to the transcript of the evidentiary hearing will be due on or before Monday, October 25, 2010.
Corrections to Transcripts 9 See 10 C.F.R. § 2.1207(b)(6).
- 9.
The parties may discontinue their mandatory disclosure obligations with the October filings. The NRC Staff may discontinue its hearing file obligations with the October update.
Conclusion of Document Discovery Submittals
- 10.
For security purposes, the Board has been asked to prepare a list of those people associated with the parties to the proceeding, who wish to have access to the Dakota County Judicial Center. The Board, therefore requests the parties to submit via email to the Boards law clerks, Ann Hove and Kirsten Stoddard (
List of Attendees to the Hearing Session Ann.Hove@nrc.gov and Kirsten.Stoddard@nrc.gov, respectively), on or before Wednesday, October 6, 2010, a list of all individuals who will be in attendance at the hearing.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD10
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland September 28, 2010 10 Copies of this Memorandum and Order were sent this date by the agencys e-filing system to representatives for all parties to this proceeding.
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 (PROVIDING FURTHER ADMINISTRATIVE DIRECTION FOR HEARING) 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 William J. Froehlich, Chairman Administrative Judge E-mail: wjf1@nrc.gov Gary S. Arnold Administrative Judge E-mail: gary.arnold@nrc.gov Thomas J. Hirons Administrative Judge E-mail: thomas.hirons@nrc.gov Kara Wenzel, Law Clerk E-mail: kara.wenzel@nrc.gov Ann Hove, Law Clerk E-mail: ann.hove@nrc.gov Kirsten Stoddard, Law Clerk E-mail: kirsten.stoddard@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.
Brian G. Harris, Esq.
Maxwell Smith, Esq.
Mary Baty, Esq.
Brian Newell E-mail: elw2@nrc.gov; beth.mizuno@nrc.gov brian.harris@nrc.gov ; maxwell.smith@nrc.gov mary.baty@nrc.gov ; bpn1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov
2 DOCKET NOS. 50-282 AND 50-306-LR LB MEMORANDUM AND ORDER (PROVIDING FURTHER ADMINISTRATIVE DIRECTION FOR HEARING)
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.
Stephen Markus, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.george@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com stephen.markus@pillsburylaw.com
[Original signed by Evangeline S. Ngbea ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 28th day of September 2010.