ML12221A318
| ML12221A318 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 08/08/2012 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 23263, 50-483-LR, ASLBP 12-919-06-LR-BD01 | |
| Download: ML12221A318 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chair William J. Froehlich Nicholas G. Trikouros In the Matter of Docket No. 50-483-LR Union Electric Company ASLBP No. 12-919-06-LR-BD01 (Callaway Plant, Unit 1) August 8, 2012 MEMORANDUM AND ORDER (Suspending Date for Submission of Reply Pleading)
Pending in this proceeding is a July 9, 2012 motion of petitioner Missouri Coalition for the Environment (MCE) to admit a new contention asserting that the environmental report (ER) of applicant Union Electric Company, d/b/a Ameren Missouri (Ameren), is not in compliance with the requirements of the National Environmental Policy Act because the ER fails to include a discussion of the environmental impacts of spent fuel pool (SFP) leakage, SFP fires, and the lack of a spent fuel repository, as required by the recent decision of the United States Court of Appeals for the District of Columbia Circuit in New York v. NRC, 681 F.3d 471 (D.C. Cir. 2012).
See [MCEs] Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Callaway Nuclear Power Plant (July 9, 2012) at 4. In accordance with the Licensing Boards initial prehearing order, MCEs reply to the August 3 answers of Ameren and the NRC staff to its motion to admit this new contention is due on August 10. See Licensing Board Memorandum and Order (Initial Prehearing Order) (May 4,
2012) at 4 n.3 (unpublished). Yesterday, however, the Commission directed that this contention be held in abeyance until further order of the Commission, see Calvert Cliffs Nuclear Project, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), CLI-12-16, 76 NRC , & n.10 (slip op. at 5-6
& n.10) (Aug. 7, 2012), raising a question about the status of MCEs reply pleading.
Given the likelihood of a further order from the Commission regarding the pending new contention and the possible need to hear from all the participants relative to that order, the Board finds that the goal of conducting of this proceeding efficiently and effectively would be best served if the filing date for MCEs reply pleading is suspended pending further direction from the Board.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III CHAIR Rockville, Maryland August 8, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
UNION ELECTRIC COMPANY D/B/A AmerenUE )
)
) Docket No. 50-483-LR (Callaway Nuclear Power Plant, Unit 1) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Suspending Date for Submission of Reply Pleading) have been served upon the following persons by the Electronic Information Exchange.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket Atomic Safety and Licensing Board Panel E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Union Electric Company Washington, DC 20555-0001 Pillsbury Winthrop Shaw Pittman, LLP 2300 N. Street, NW G. Paul Bollwerk, III, Chair Washington, DC 20037-1122 Administrative Judge E-mail: paul.bollwerk@nrc.gov David R. Lewis, Esq.
Counsel for the Applicant William J. Froehlich E-mail: david.lewis@pillsburylaw.com Administrative Judge E-mail: william.froehlich@nrc.gov Dr. Nicholas G. Trikouros Administrative Judge E-mail: nicholas.trikouros@nrc.gov Matthew Flyntz, Law Clerk Email: matthew.flyntz@nrc.gov
Callaway Power Plant, Unit 1, Docket No. 50-483-LR MEMORANDUM AND ORDER (Suspending Date for Submission of Reply Pleading)
U.S. Nuclear Regulatory Commission Missouri Coalition for the Environment Office of the General Counsel Edward Smith, Safe Energy Director Mail Stop - O-15 D21 Diane Curran, Esq.
Washington, DC 20555-0001 Henry B. Robertson, Esq.
Edward Williamson, Esq. Email: showmenocwip@gmail.com Mary Spencer, Esq. dcurran@harmoncurran.com Catherine Kanatas, Esq. hrobertson@greatriverslaw.org Anita Ghosh, Esq.
Beth N. Mizuno, Esq.
Brian Newell, Paralegal Erich Pica, President*
Email: edward.williamson@nrc.gov Friends of the Earth mary.spencer@nrc.gov 1100 15th Street, NW catherine.kanatas@nrc.gov 11th Floor anita.ghosh@nrc.gov Washington, D.C. 20555 beth.mizuno@nrc.gov Email: mkeever@foe.org brian.newell@nrc.gov OGG Mail Center: ogcmailcenter@nrc.gov
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 8th day of August, 2012 2