ML19361A134

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Memorandum and Order (Establishing Schedule for Responses to Hearing Petitioner'S E-Mail)
ML19361A134
Person / Time
Site: Three Mile Island  Constellation icon.png
Issue date: 12/27/2019
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
Exelon Generation Co, NRC/OGC, NRC/SECY
SECY RAS
References
50-289-LA, 50-320-LA, ASLBP 20-962-01-LA-BD01, RAS 55505
Download: ML19361A134 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:

G. Paul Bollwerk, III, Chairman Dr. Sue H. Abreu Dr. Gary S. Arnold In the Matter of Docket Nos. 50-289 and 50-320 EXELON GENERATION COMPANY, LLC ASLBP No. 20-962-01-LA-BD01 (Three Mile Island Nuclear Station, Units 1 December 27, 2019 and 2)

MEMORANDUM AND ORDER (Establishing Schedule for Responses to Hearing Petitioners E-Mail)

The Licensing Board, applicant Exelon Generation Co., LLC (Exelon), the Nuclear Regulatory Commission (NRC) staff, the NRC Office of the Secretary (SECY), and apparently the balance of those on the service list for this proceeding were sent an e-mail dated December 26, 2019, by petitioner Eric J. Epstein. In that e-mail, Mr. Epstein provides (1) an ADAMS link to a December 20, 2019 letter (ADAMS Accession No. ML19360A127) from the Director of the Technological Hazards Division of the Federal Emergency Management Agency to the Director of the Division of Preparedness and Response in NRCs Office of Nuclear Security and Incident Response commenting on a draft SECY paper concerning Exelon-requested exemptions from certain emergency planning requirements for the Three Mile Island Station; and (2) the statement Please review FEMA letter regarding Emergency Plan Exemptions.

The Board requests that SECY place this e-mail into the docket for this proceeding.

Further, Exelon and the staff shall have up to and including Tuesday, January 7, 2020, within which to file any response regarding Mr. Epsteins e-mail and its contents.*

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

G. Paul Bollwerk, III, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 27, 2019

  • Pursuant to the terms of the Boards December 10, 2019 initial prehearing order regarding responsive pleadings, any Exelon or staff response to Mr. Epsteins December 26, 2019 e-mail and its contents is limited to ten pages in length. See Licensing Board Memorandum and Order (Initial Prehearing Order) (Dec. 10, 2019) at 3 (unpublished).

The Board also notes that the November 12, 2019 hearing request of petitioners Epstein and Three Mile Island Alert was filed using the NRCs E-Filing system. After checking with representatives of SECY and the Office of the Chief Information Officer who are responsible for the daily functioning of the E-Filing system, it appears there were no operational issues with the system on December 26, 2019. The Board observes as well that the provision of the agencys rules of practice governing filing and service of documents in adjudicatory proceedings requires that, absent a showing of good cause, all submissions regarding a docketed case must be made using the E-Filing system. See 10 C.F.R. § 2.302(g)(1), (4). Consequently, any future filings in this proceeding not made in accordance with this directive will be subject to summary dismissal.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

EXELON GENERATION COMPANY LLC ) Docket Nos. 50-289 and 50-320-LA

)

Three Mile Island Nuclear Station )

(Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Establishing Schedule for Responses to Hearing Petitioners E-Mail) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16B33 Office of the Secretary of the Commission Washington, DC 20555-0001 Mail Stop: O-16B33 ocaamail@nrc.gov Washington, DC 20555-0001 hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Office of the General Counsel Washington, DC 20555-0001 Mail Stop: O-14A44 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman Administrative Judge Reginald Augustus, Esq.

paul.bollwerk@nrc.gov Tyson Campbell, Esq.

Kayla Gamin, Esq.

Dr. Sue H. Abreu David E. Roth, Esq.

Administrative Judge Brian Newell, Paralegal sue.abreu@nrc.gov reginal.augustus@nrc.gov tyson.campbell@nrc.gov Dr. Gary S. Arnold kayla.gamin@nrc.gov Administrative Judge david.roth@nrc.gov gary.arnold@nrc.gov brian.newell@nrc.gov Ian Curry, Law Clerk ian.curry@nrc.gov Exelon Generation Company, LLC 4300 Winfield Road Taylor Mayhall, Law Clerk Warrenville, IL 60555 taylor.mayhall@nrc.gov Tamra Domeyer, Esq.

Stephanie B. Fishman, Law Clerk tamra.domeyer@exeloncorp.com Stephanie.Fishman@nrc.gov Molly R. Mattison, Law Clerk Molly.Mattison@nrc.gov

THREE MILE ISLAND (Units 1 and 2) - Docket No. 50-289 and 50-320-LA MEMORANDUM AND ORDER (Establishing Schedule for Responses to Hearing Petitioners E-Mail)

Counsel for Exelon Generation Company, LLC Three Mile Island Alert, Inc.

Morgan Lewis Bockius 4100 Hillsdale Road 1000 Louisiana Street Suite 4000 Harrisburg, PA 17112 Houston, TX 77002 Eric Epstein Martin ONeill, Esq. lechambon@comcast.net martin.oneill@morganlewis.com Katheryn Sutton, Esq.

kathryn.sutton@morganlewis.com

[Original signed by Clara Sola ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 27th day of December 2019.

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