ML111430799

Order (Scheduling Oral Argument)

ML111430799
Person / Time
Site:	South Texas
Issue date:	05/23/2011
From:	Ronald Spritzer Atomic Safety and Licensing Board Panel
To:	NRC/OGC, SEED Coalition, South Texas
SECY RAS
References
50-498-LR, 50-499-LR, ASLBP 11-909-02-LR-BD01, RAS 20347
Download: ML111430799 (4)

Text

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

Ronald M. Spritzer, Chairman Nicholas G. Trikouros Larry R. Foulke In the Matter of Docket Nos. 50-498-LR and 50-499-LR SOUTH TEXAS NUCLEAR OPERATING ASLBP No. 11-909-02-LR-BD01 COMPANY May 23, 2011 (South Texas Project, Units 1 and 2)

ORDER (Scheduling Oral Argument)

On March 14, 2010, the Sustainable Energy and Economic Development (SEED)

Coalition filed a Petition for Leave to Intervene and Request for Hearing (Petition) challenging the application of the South Texas Nuclear Operating Company (STPNOC) to renew its operating license for STP Units 1 and 2. 1 On April 7, 2011, STPNOC and the NRC Staff filed answers opposing the Petition.2 SEED Coalition amended its Petition3 and requested oral argument4 in filings dated May 8, 2011, but certified as served and filed on May 11, 2011.

This Order notifies SEED Coalition, STPNOC, and the NRC Staff that the Board has scheduled oral argument for Monday, June 27, 2011 at 10 am Eastern Time. The issues to be 1

Petition for Leave to Intervene and Request for Hearing of SEED Coalition and Susan Dancer (Mar. 14, 2011).

2

[STPNOCs] Answer Opposing Request for Hearing and Petition for Leave to Intervene (Apr. 7, 2011); NRC Staffs Answer to Petition for Leave to Intervene and Request for Hearing of SEED Coalition and Susan Dancer (Apr. 7, 2011).

3 Petitioners Proposed Amended Petition for Leave to Intervene and Request for Hearing of SEED Coalition and Susan Dancer (May 8, 2011) (Amended Petition).

4 Intervenors Request for Oral Argument on Contentions Raised on Relicensing (May 8, 2011).

addressed include: (1) SEED Coalitions standing; (2) the admissibility of the four proffered contentions; and (3) the filing of SEED Coalitions Amended Petition. The Board anticipates that argument will conclude no later than 12 pm. As oral argument will be held via teleconference, on or before Thursday, June 23, a representative from each of the parties should contact Board law clerk Jonathan Eser, (301) 415-5880 or jonathan.eser@nrc.gov, to obtain the bridge line telephone number and pass code for the June 27, 2011 oral argument.

SEED Coalitions Amended Petition references several non-public documents from the Comanche Peak COL proceeding. These documents largely contain protected information subject to controls in 10 C.F.R. § 2.390(d)(1) and a protective order in that proceeding. As oral argument will be conducted publicly, the Board will not discuss non-public materials and the participants should refrain from doing so as well. If the Board chooses at a later time to convene a non-public forum for the discussion of these materials the participants will be notified.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 23, 2011

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

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STP NUCLEAR OPERATING COMPANY ) Docket Nos. 50-498-LR and 50-499-LR

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(South Texas Project Electric Generating Station ) ASLBP No. 11-909-02-LR-BD01 Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (SCHEDULING ORAL ARGUMENT) have been served upon the following persons by the Electronic Information Exchange.

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

Ronald M. Spritzer, Chair Maxwell Smith, Esq.

Administrative Judge Edward Williamson, Esq.

E-mail: ronald.spritzer@nrc.gov Brian Newell, Paralegal E-mail:

axj4@nrc.gov Nicholas G. Trikouros maxwell.smith@nrc.gov Administrative Judge edward.williamson@nrc.gov E-mail: nicholas.trikouros@nrc.gov brian.newell@nrc.gov OGC Mail Center :

Larry R. Foulke OGCMailCenter@nrc.gov Administrative Judge E-mail: larry.foulke@nrc.gov Jonathan C. Eser, Law Clerk E-mail: jonathan.eser@nrc.gov Office of Commission Appellate Office of the Secretary of the Adjudication Commission U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov

Docket Nos. 50-498-LR and 50-499-LR ORDER (SCHEDULING ORAL ARGUMENT)

Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave., NW Washington, DC 20004 Counsel for the Applicant Steven P. Frantz, Esq.

Stephen J. Burdick, Esq.

Kathryn M. Sutton, Esq.

Mary Freeze, Assistant E-mail:

sfrantz@morganlewis.com; sburdick@morganlewis.com ksutton@morganlewis.com mfreeze@morganlewis.com Sustainable Energy and Economic Development (SEED) Coalition 1303 San Antonio, #100 Austin, Texas 78701 Robert V. Eye, Esq.

Kauffman & Eye E-mail: bob@kauffmaneye.com

[Original signed by Evangeline S. Ngbea ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 23rd day of May 2011.

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