ML11273A005
| ML11273A005 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/30/2011 |
| From: | Catherine Kanatas NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| License Renewal, RAS 21154, 50-353-LR, 50-532-LR | |
| Download: ML11273A005 (5) | |
Text
September 30, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
EXELON GENERATION COMPANY, LLC ) 50-352-LR/ 50-353-LR
)
(Limerick Generating Station, Units 1 and 2) )
)
NRC STAFFS RESPONSE TO NRDCS AND EXELONS REQUESTS FOR EXTENSIONS TO FILE PETITIONS FOR HEARING AND ANSWERS TO PETITIONS INTRODUCTION Pursuant to 10 C.F.R. § 2.323(c), the staff of the Nuclear Regulatory Commission
("Staff") herewith files its response to the Natural Resources Defense Councils (NRDC) and Exelon Generation Company, LLCs (Exelon) requests for extensions of time to submit a hearing request and petition for leave to intervene and to respond to any such submission, respectively. As detailed below, the Staff does not object to either request, but requests the same extension to answer to any hearing request or petition for leave to intervene and asks that any other hearing requests or petitions for leave to intervene filed prior to November 22, 2011 be deemed filed on November 22, 2011 for purposes of calculating the date for the submission of Answers.
BACKGROUND On August 24, 2011, the Staff published a notice in the Federal Register stating that the license renewal application for Limerick Generating Station, Units 1 and 2 was acceptable for
docketing and establishing October 24, 2011, as the deadline for filing Hearing Requests.1 On September 22, 2011, the NRDC filed a request for a 30-day extension of time for filing a request for hearing and petition for leave to intervene in the above captioned proceeding.2 The NRDC asserts that it has been unable to do a detailed and careful review of the Limerick license renewal application because during much of the 60-day review period, it has been expend[ing]
substantial programmatic energy both of [its] own accord and at the request of the NRC3 on Fukushima-related activities and meetings. Given NRDCs involvement with Commission activities during the period for review of the Limerick license renewal application, the Staff does not oppose NRDCs request, which would extend the time for submitting a request for hearing and petition for leave to intervene from October 24, 2011 to November 22, 2011.
On September 26, 2011, Exelon submitted an answer to the Extension Request.4 In its Answer, Exelon did not oppose NRDCs requested extension.5 However, Exelon detailed how granting this extension would move the due date for any Request/Petition to November 22, 2011, which is the Tuesday before Thanksgiving.6 Therefore, to account for the holidays, Exelon requested an extension of five (5) calendar days to answer any request for hearing or 1
See Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. NPF-39 and NPF-85 for an Additional 20-Year Period, Exelon Generation Company, LLC, Limerick Generating Station, 76 Fed. Reg. 52992 (Aug.
24, 2011).
2 Letter from Geoffrey H. Fettus, Senior Project Attorney, Natural Resources Defense Council, to Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission (September 22, 2011)
(Extension Request). Although the letter is dated September 22, 2011, the letter was filed via the NRCs electronic filing system September 23, 2011.
3 Id. at 1.
4 Exelons Answer to NRDCs Request for Extension of Time (September 26, 2011) (Answer).
5 Id. at 1.
6 Id. at 1-2.
petition for leave to intervene submitted by NRDC, assuming the Commission granted NRDCs extension and NRDC submitted a hearing request or petition.7 The Staff does not oppose Exelons request, but requests the same conditional 5-day extension be extended to the Staff.
Further, the Staff requests that any hearing request or petition for leave to intervene filed in this proceeding prior to November 22, 2011,8 shall be considered to have been filed on November 22, 2011 for purposes of calculating the time by which the Staff and Exelon must file their Answers.9 This will promote a more efficient and fair process and avoid piecemeal responses from the Staff and Applicant to any other hearing requests or petitions for leave to intervene.
Respectfully submitted,
/Signed (electronically) by/
Catherine E. Kanatas Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-2321 E-mail: catherine.kanatas@nrc.gov Date of signature: September 30, 2011 7
Id.
8 Assuming the Commission grants NRDCs extension request.
9 This type of request was granted in the Seabrook license renewal proceeding. See NextEra Energy Seabrook, LLC (Seabrook Station) Order (September 20, 2010) (unpublished) (ADAMS Accession No. ML102630577).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
EXELON GENERATION COMPANY, LLC ) 50-352-LR/ 50-353-LR
)
(Limerick Generating Station, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFFS RESPONSE TO NRDCS AND EXELONS REQUESTS FOR EXTENSIONS TO FILE PETITIONS FOR HEARING AND ANSWERS TO PETITIONS in the above captioned proceeding have been served upon the following by the Electronic Information Exchange, this 30th day of September, 2011:
Chief Judge Roy Hawkens U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3F23 Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 hearingdocket@nrc.gov Roy.Hawkens@nrc.gov U.S. Nuclear Regulatory Commission Exelon Generation Company, LLC Office of Commission Appellate Adjudication 4300 Warrenville Road Mail Stop: O-16C1 Warrenville, IL 60555 Washington, DC 20555-0001 J. Bradley Fewell, Deputy General Counsel ocaamail@nrc.gov Bradley.Fewell@exeloncorp.com Morgan, Lewis & Bockius LLP Geoffrey H. Fettus 1111 Pennsylvania Avenue, N.W. Natural Resources Defense Counsel Washington, DC 20004 1152 15th Street NW Alex S. Polonsky, Esq. Washington, DC 20005 apolonsky@morganlewis.com gfettus@nrdc.org Kathryn M. Sutton, Esq.
ksutton@morganlewis.com
/Signed (electronically) by/
Catherine E. Kanatas Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-2321 E-mail: catherine.kanatas@nrc.gov Date of signature: September 30, 2011