ML18124A126
| ML18124A126 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 05/04/2018 |
| From: | Curran D, Bob Nelson, Megan Wright Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, NRC/OGC, Southern Alliance for Clean Energy, Tennessee Environmental Council, Tennessee Valley Authority |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 52-047-ESP, ASLBP 17-954-01-ESP-BD01, RAS 54295, +reviewed | |
| Download: ML18124A126 (4) | |
Text
May 4, 2018 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
)
Docket No. 52-047-ESP
)
(Clinch River Nuclear Site
)
Early Site Permit Application)
)
JOINT MOTION FOR CLARIFICATION OF SCHEDULING ORDER The Staff of the U.S. Nuclear Regulatory Commission (Staff), Tennessee Valley Authority (TVA), and the Southern Alliance for Clean Energy and the Tennessee Environmental Council (Joint Intervenors) (collectively, the Parties) hereby submit to the Board a motion to clarify the schedule for filing dispositive motions in the above-captioned proceeding and to set the filing date for such dispositive motions no later than June 11, 2018, consistent with the agreement of the Parties that such motions be filed within 45 days of the availability of the draft Environmental Impact Statement (EIS).
On October 10, 2017, the Board determined that the Joint Intervenors demonstrated standing and admitted Contentions 2 and 3.1 On November 8, 2017, the Parties engaged with the Board in a conference call to discuss the schedule for the contested proceeding. The Parties agreed in that teleconference that dispositive motions for the two contentions admitted at that time should be filed 45 days after the issuance of the Staffs EIS. See Transcript at 154-57 (Nov. 8, 2017). The Board did not raise any concern or objection to the agreed-upon timetable. However, the Boards December 2017 Order did not include this agreement and is silent regarding the schedule for filing dispositive motions after issuance of the draft EIS. See Initial Scheduling Order (Dec. 7, 2017) at 5-6.
1 See Tennessee Valley Authority (Clinch River Nuclear Site Early Site Permit Application) LBP-17-8, 86 NRC 138 (2017).
2 On April 26, 2017, the NRC Staff published a notice of availability of the draft EIS in the Federal Register.2 Without an order from the Board stating otherwise, 10 C.F.R. § 2.323 would require the filing of dispositive motions within ten days, or by this Monday, May 7, 2018.
The Parties have already agreed that a 45-day time period is reasonable, as it would preclude Joint Intervenors from having to respond to dispositive motions within the same timeframe as submitting any new or amended contentions. Therefore, the Parties jointly request that the Board clarify that dispositive motions on previously admitted contentions should be filed no later than 45 days after issuance of the Staff document on which the motion relies.3 The Parties respectfully request that the Board set June 11, 2018, as the filing deadline for dispositive motions. That date is 45 days after the April 26, 2018 public notice of issuance of the draft EIS in the Federal Register.
2 Early Site Permit Application: Tennessee Valley Authority; Clinch River Nuclear Site, 83 Fed. Reg.
18,354 (April 26, 2018).
3 On May 3, 2018, the Commission issued CLI-18-5, which reversed, in part, the Boards Order in LBP-17-8(Oct. 10, 2017) and dismissed Contention 3. See Commission Memorandum and Order (CLI-18-5) (slip op. at 15-16) (May 3, 2018).
3 Respectfully submitted,
/Signed (electronically) by/
Megan Wright Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-14 A44 Washington, DC 20555-0001 (516) 765-6523 Megan.Wright@nrc.gov Executed in accord with 10 C.F.R. § 2.304(d)
Blake Nelson, Esq.
Counsel for Tennessee Valley Authority 400 W. Summit Hill Drive, WT 6A-K Knoxville, TN 37902 E-mail: bjnelson@tva.gov Diane Curran, Esq.
Counsel for Joint Intervenors Harmon Curran Spielberg& Eisenberg LLP 1725 DeSales St., N.W., Ste. 500 Washington, DC 20036 E-mail: dcurran@harmoncurran.com Dated at Prosper, Texas, this 4th day of May, 2018
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
) Docket No. 52-047-ESP
)
(Clinch River Nuclear Site)
)
CERTIFICATE OF SERVICE I hereby certify that the document entitled Joint Motion for Clarification of Scheduling Order, dated May 4, 2018, has been filed through the E-Filing system this 4th day of May, 2018.
/Signed (electronically) by/
Megan A. Wright Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-14 A44 Washington, DC 20555-0001 (516) 765-6523 Megan.Wright@nrc.gov Dated at Prosper, Texas this 4th day of May, 2018