ML14085A335
| ML14085A335 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/26/2014 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01, RAS 25745 | |
| Download: ML14085A335 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Nicholas G. Trikouros Dr. Paul B. Abramson In the Matter of Docket Nos. 50-275-LR and 50-323-LR PACIFIC GAS & ELECTRIC COMPANY ASLBP No. 10-890-01-LR-BD01 (Diablo Canyon Nuclear Power Plant, Units 1 March 26, 2014 and 2)
SECOND REVISED SCHEDULING ORDER On March 19, 2014, the Board held a pre-hearing conference with the parties to review the status of this case and to discuss measures to improve the fair and efficient conduct of this adjudication. Pursuant to that discussion, our November 19, 2012 Revised Scheduling Order (RSO), is further revised as follows:
- 1.Section II.F.2 of the RSO is revised to read as follows:
II.F.2. Timeliness Deadline. The consolidated filing referred to in the preceding paragraph shall be deemed timely under 10 C.F.R. § 2.309(c)(1)(iii) if it is filed within thirty (30) days of the date when the new and material information on which it is based first became available, provided, however, that any new or amended NEPA Contention based on new and material information in Pacific Gas and Electrics final seismic report1 should not be filed before, and shall be deemed timely if it is filed within, forty-five (45) days after NRC issues the Draft Supplemental Environmental Impact Statement (DSEIS).2 1
Pacific Gas and Electric Company currently estimates that it will issue its final seismic report in June of 2014. See Letter from Jennifer K. Post, Attorney, Pacific Gas and Electric Co., to Diablo Canyon Licensing Board at 3 (Mar. 11, 2014).
2 The NRC Staff currently estimates that it will issue the DSEIS in September 2014. See Letter from Catherine E. Kanatas, Counsel for NRC Staff, to Diablo Canyon Licensing Board at 1 (March 20, 2014).
- 2.Section II.I.2 of the RSO is revised to read as follows:
II.I.2. Promptness Deadline: Additional Time for Dispositive Motions. In light of the gravity and importance of dispositive motions, and in order to accommodate careful consultations as specified above, dispositive motions may be filed within thirty (30) days after the occurrence or circumstance from which the motion arises (rather than the ten (10) day time frame established by 10 C.F.R. § 2.323(a)), provided, however, that dispositive motions based on Pacific Gas and Electrics final seismic report should not be filed before, and shall be deemed timely if they are filed within, thirty (30) days after the date when NRC issues the DSEIS.
- 3.Section II.I.5. of the RSO is revised to read as follows:
II.I.5. Ultimate Deadlines. Dispositive motions, if any, with regard to Contention EC-13 shall be filed thirty (30) days after the date when NRC issues the DSEIS. With regard to any new or amended contention hereinafter admitted, unless the Board decision admitting that contention specifies otherwise, no dispositive motion may be filed later than thirty (30) days after the Board issues the decision admitting the contention. These ultimate deadlines are in addition to, not in lieu of, the promptness deadlines specified above.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 26, 2014 3
We admitted Contention EC-1 on August 4, 2010. See LBP-10-15, 72 NRC 257 (2010), affd in pertinent part, CLI-11-11, 74 NRC 427 (2011).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275-LR and 50-323-LR
)
(Diablo Canyon Nuclear Power Plant, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing SECOND REVISED SCHEDULING ORDER have been served upon the following persons by the Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Alex S. Karlin, Chair Edward L. Williamson, Esq.
Administrative Judge E-mail: edward.williamson@nrc.gov E-mail: alex.karlin@nrc.gov Susan Uttal, Esq.
E-mail: susan.uttal@nrc.gov Nicholas G. Trikouros John Tibbetts, Paralegal Administrative Judge E-mail: john.tibbetts@nrc.gov E-mail: nicholas.trikouros@nrc.gov Paul B. Abramson OGC Mail Center Administrative Judge E-mail: OGCMailCenter@nrc.gov E-mail: pba@nrc.gov paul.abramson@nrc.gov Onika Williams, Law Clerk E-mail: onika.williams@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov
2 Diablo Canyon Nuclear Power Plant - Docket Nos. 50-275-LR and 50-323-LR SECOND REVISED SCHEDULING ORDER Counsel for Pacific Gas and San Luis Obispo Mothers for Peace Electric Company 1123 Flora Road Winston & Strawn, LLP Arroyo Grande, CA 93420 101 California Street Jill ZamEk, Esq.
San Francisco, CA 94111-5802 jzk@charter.net David A. Repka, Esq.
E-mail: drepka@winston.com Tyson Smith, Esq. Counsel for San Luis Obispo Mothers E-mail: trsmith@winston.com For Peace Carlos Sisco, Senior Paralegal Harmon, Curran, Spielberg, and Eisenberg E-mail: csisco@winston.com 1726 M Street, N.W., Suite 600 Washington, DC 20036 Winston & Strawn, LLP Diane Curran, Esq.
1700 K Street, NW dcurran@harmoncurran.com Washington, DC 20006 Rachel Miras-Wilson, Esq. Erich Pica, President E-mail: rwilson@winston.com Friends of the Earth 1100 15th Street NW Washington, DC 20555 E-mail: mkeever@foe.org
[Original signed by Brian Newell]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 26th day of March 2014