ML13085A200
| ML13085A200 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 03/26/2013 |
| From: | Hawkens E Atomic Safety and Licensing Board Panel |
| To: | Friends of the Earth |
| SECY RAS | |
| References | |
| RAS 24292, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01 | |
| Download: ML13085A200 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
E. Roy Hawkens, Chairman Dr. Anthony J. Baratta Dr. Gary S. Arnold In the Matter of SOUTHERN CALIFORNIA EDISON CO.
(San Onofre Nuclear Generating Station, Units 2 and 3)
Docket Nos. 50-361-CAL, 50-362-CAL ASLBP No. 13-924-01-CAL-BD01 March 26, 2013 ORDER (Granting in Part and Denying in Part Petitioners Motion to Bar SCEs RAI Responses After the Close of Briefing)
On March 4, 2013, Petitioner, Friends of the Earth, filed a motion requesting that Southern California Edison Company (SCE) be barred from submitting its responses to the NRC Staffs Requests for Additional Information (RAIs) to this Licensing Board after the close of briefing in this proceeding on February 13, 2013.1 Alternatively, if this Board declines to exclude the RAI responses, Petitioner requests that it be permitted to submit answers to them. See Petitioners Motion to Bar at 3.
1 See Motion by Friends of the Earth to Bar [SCEs] Submissions after the Close of Briefing (March 4, 2013) [hereinafter Petitioners Motion to Bar]. To date, SCE has submitted four RAI responses after the close of briefing. See Letter from Stephen J. Burdick, Counsel for SCE, to San Onofre Licensing Board, SCEs Third Notification of Responses to RAIs (Feb. 25, 2013)
[hereinafter Third Notification Letter]; Letter from Stephen J. Burdick, Counsel for SCE, to San Onofre Licensing Board, SCEs Fourth Notification of Responses to RAIs (Feb. 26, 2013); Letter from Stephen J. Burdick, Counsel for SCE, to San Onofre Licensing Board, SCEs Fifth Notification of Responses to RAIs (Mar. 15, 2013); Letter from Stephen J. Burdick, Counsel for SCE, to San Onofre Licensing Board, SCEs Sixth Notification of Responses to RAIs (Mar. 25, 2013).
2 SCE opposes Petitioners motion in its entirety.2 The NRC Staff opposes barring the RAI responses, but it argues that we ought not consider the letters from SCE that accompany those responses to the extent they present arguments.3 We agree with the NRC Staff.
It is beyond cavil that parties to a Board proceeding have an obligation to keep the Licensing Board and [the other parties] apprised of any relevant and material new information.4 Here, we have concluded that SCEs October 3, 2012 Return to Service Plan is relevant and material to the proceeding.5 Accordingly, SCE is justified in considering the RAI responses concerning its Return to Service Plan to be new information that is relevant and material to this proceeding. In arguing otherwise, and in arguing in the alternative that it is entitled in each instance to an opportunity to submit an answer, Petitioner is incorrect.
As the Staff states, however, there is a difference between keeping the Board and parties apprised of new relevant and material information and [using that material to] actively promot[e] arguments in a proceeding. NRC Staffs Answer at 4. Unless authorized by the Board, the latter is not permitted.6 2 See [SCEs] Answer Opposing Friends of the Earths Motion to Bar Board Notifications (Mar.
11, 2013).
3 See NRC Staffs Answer Opposing in Part and Supporting in Part FOEs Motion to Bar from the Proceeding SCEs Responses to Staff [RAIs] (Mar. 14, 2013) [hereinafter NRC Staffs Answer].
4 See, e.g., Sacramento Municipal Utility District (Rancho Seco Nuclear Generating Station),
CLI-93-3, 37 NRC 135, 153 n.46 (1993).
5 See Licensing Board Order (Granting in Part and Denying in Part Petitioners Motion for Clarification and Extension) at 4 (Dec. 20, 2012) (unpublished); Licensing Board Order (Conference Call Summary and Directives Relating to Briefing) at 4 (Dec. 7, 2012)
(unpublished).
6 Cf. AmerGen Energy Co., LLC (Oyster Creek Nuclear Generating Station), CLI-08-28, 68 NRC 658, 676 n.74 (2008) (refusing to consider as part of the record a letter and attachment submitted by petitioner in an apparent attempt to bolster its contention).
3 To the extent that the letters accompanying SCEs RAI responses present arguments (see, e.g., Third Notification Letter), we will not consider them. Further, we direct SCE to ensure that its future cover letters do not cross the line from notification to advocacy. In this respect, we grant Petitioners motion; in all other respects, we deny Petitioners motion.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Issued at Rockville, Maryland this 26th day of March 2013.
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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SOUTHERN CALIFORNIA EDISON CO.
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Docket Nos. 50-361-CAL (San Onofre Nuclear Generating Station - ) 50-362-CAL Units 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting in Part and Denying in Part Petitioners Motion to Bar SCEs RAI Responses After the Close of Briefing) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk*.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 E. Roy Hawkens Chief Administrative Judge E-mail: roy.hawkens@nrc.gov Anthony J. Baratta Administrative Judge Email: anthony.baratta@nrc.gov Gary S. Arnold Administrative Judge Email: gary.arnold@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 Southern California Edison Company Douglas Porter, Esq.*
Director and Managing Attorney Generation Policy and Resources Law Department 2244 Walnut Grove Ave., GO1, Q3B, 335C Rosemead, CA 91770 Email: douglas.porter@sce.com Counsel for Licensee Morgan, Lewis & Bockius, LLP 1111 Pennsylvania, Ave. N.W.
Washington, D.C. 20004 Paul M. Bessette, Esq.
Kathryn M. Sutton, Esq.
Stephen J. Burdick, Esq.
Steven P. Frantz, Esq.
William E. Baer, Jr.*
Mary Freeze, Legal Secretary Lena M. Long, Legal Secretary E-mail: pbessette@morganlewis.com sburdick@morganlewis.com ksutton@morganlewis.com wbaer@morganlewis.com sfrantz@morganlewis.com mfreeze@morganlewis.com llong@morganlewis.com
San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-361 and 50-362-CAL ORDER (Granting in Part and Denying in Part Petitioners Motion to Bar SCEs RAI Responses After the Close of Briefing) 2 U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001 Edward Williamson, Esq.
David Roth, Esq.
Catherine Kanatas, Esq.
David Cylkowski, Esq.
Jeremy Wachutka, Esq.
Email: edward.williamson@nrc.gov david.roth@nrc.gov catherine.kanatas@nrc.gov david.cylkowski@nrc.gov jeremy.wachutka@nrc.gov OGG Mail Center: ogcmailcenter@nrc.gov Friends of the Earth Ayres Law Group 1707 L St., NW Suite 850 Washington, D.C. 20036 Richard E. Ayres, Esq.
Jessica L. Olson, Esq.
Kristin L. Hines, Esq.
Email: ayresr@ayreslawgroup.com olsonj@ayreslawgroup.com hinesk@ayreslawgroup.com Natural Resources Defense Council Geoffrey H. Fettus, Esq.
1152 15th Street, NW Suite 300 Washington, DC 20005 Email: gfettus@nrdc.org
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 26th day of March, 2013