ML20054B078
| ML20054B078 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/20/2020 |
| From: | Reginald Augustus, Kayla Gamin NRC/OGC |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-289 -LA, 50-320-LA, ASLBP 20-962-01-LA-BD01, RAS 55575 | |
| Download: ML20054B078 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of EXELON GENERATION COMPANY, LLC Docket No. 50-289 50-320 Three Mile Island Nuclear Station, Units 1 and 2 MOTION FOR CLARIFICATION The staff of the U.S. Nuclear Regulatory Commission (NRC) hereby requests clarification of the deadline to answer the pleading submitted in this proceeding on February 16, 2020, by Eric J. Epstein and referred to the Commission by the Atomic Safety and Licensing Board. 1 This proceeding concerns a license amendment request and associated exemption request submitted by Exelon for Three Mile Island Nuclear Station (TMI). Eric J. Epstein and Three Mile Island Alert (together, Petitioners) filed a petition and request to intervene on November 12, 2019. On January 23, 2020, the Board denied the intervention petition, finding that the Petitioners had neither established standing nor proffered an admissible contention. 2 The February 16, 2020 pleading, titled Motion to Stay Memorandum and Reply to Proposed Order Denying Intervention and Petition (Epstein Motion), appears to be a response to the Boards decision. However, the procedural posture of the Epstein Motion is unclear.
The Board has now denied the Epstein Motion insofar as it could be construed as either a request for a stay of the Boards decision under 10 C.F.R. § 2.342(a) or a motion seeking 1 Counsel for the NRC Staff hereby certifies that it consulted with the participants to this proceeding in accordance with 10 C.F.R.§ 2.323(b). Both Mr. Epstein and Exelon Generation Company, LLC (Exelon),
the applicant in this proceeding, have stated that they do not oppose this motion and would not object to the proposed 25-day deadline.
2 Exelon Generation Co., LLC (Three Mile Island Nuclear Power Station, Units 1 and 2), LBP-20-2, 91 NRC __ (Jan. 23, 2020) (slip op.).
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reconsideration of that decision under 10 C.F.R.§ 2.323(e). 3 Suggesting that the Epstein Motion, although filed before the Board, might be intended as an appeal to the Commission, the Board has referred the pleading to the Commission for whatever further action it may deem appropriate. 4 The NRC Staff respectfully requests clarification as to the deadline to respond.
Specifically, the Staff requests to be permitted to file an answer to the Epstein Motion within 25 days from the date the motion was filed, i.e., by March 12, 2020. 5 Respectfully submitted,
/Signed (electronically) by/
Reginald Augustus Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 415-0165 E-mail: Reginald.Augustus@nrc.gov Counsel for NRC Staff Executed in Accord with 10 CFR 2.304(d)
Kayla Gamin Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Rockville, MD 20852 Telephone: (301) 287-9234 E-mail: Kayla.Gamin@nrc.gov Counsel for NRC Staff 3 Exelon Generation Co., LLC (Three Mile Island Nuclear Station, Units 1 and 2), Licensing Board Order, at 2-3 (Feb. 19, 2020) (unpublished) (Denying Motion for Stay and Reply to Licensing Board Decision and Referring Pleading to the Commission).
4 Id. at 3-4.
5 See 10 C.F.R. § 2.311(b).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of EXELON GENERATION COMPANY, LLC Docket No. 50-289 50-320 Three Mile Island Nuclear Station, Units 1 and 2 Certificate of Service Pursuant to 10 C.F.R § 2.305, I hereby certify that copies of the foregoing MOTION FOR CLARIFICATION, dated February 20, 2020, have been served via the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 20th day of February 2020.
/Signed (electronically) by/
Kayla Gamin Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9234 E-mail: Kayla.Gamin@nrc.gov Counsel for NRC Staff