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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212G0521999-09-22022 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors ML20211A1671999-07-30030 July 1999 Comments Supporting Comment Transmitted by NEI , Transmittal of Industry Comments on Draft Reg Guide DG-1074, Steam Generator Tube Integrity ML20207D5301999-05-20020 May 1999 Comment Supporting Generic Environmental Impact Statement for License Renewal of Nuclear Plants,Calvert Cliffs Nuclear Power Plant (NUREG-1437,suppl 1) ML20207A4431999-05-19019 May 1999 Comment Supporting NUREG-1437,suppl 1,generic Environmental Impact Statement for Licensing Renewal of Nuclear Plants. Licensee Agrees with Approach Taken by NRC to Evaluate Environ Impacts of Extending Util Operating Licenses ML20207A4471999-05-19019 May 1999 Comment Supporting NUREG-1437,Suppl 1, Generic Environ Impact Statement for License Renewal of Nuclear Plants, Calvert Cliffs Nuclear Power Plant. State of MD Concurs with Staff Conclusion ML20207A9301999-05-18018 May 1999 Comment on NUREG-1437,suppl 1 Re Bge Application for License Renewal for Calvert Cliffs.Results of DOE Transportation Risk Assessments Appear to Be Consistent with NRC Conclusion in NUREG-1437 ML20207A4521999-05-0808 May 1999 Comment Supporting NRC Draft Environ Impact Statement for Bg&E Calvert Cliffs NPP License Renewal Application ML20206M0621999-05-0404 May 1999 Comment Opposing NUREG-1437, Generic Environmental Statement for License Renewal of Npps, Supplement 1, Calvert Cliffs NPP ML20206S9001999-04-27027 April 1999 Comment on Proposed Rule 10CFR51 Re Draft NUREG-1437,vol 1, Addendum 1, Generic EIS of License Renewal of Power Plant ML20206N2341999-04-27027 April 1999 Comment Supporting Draft NUREG-1437,Vol 1,Addendum 1, Generic Environ Impact Statement for License Renewal of Nuclear Plants;Main Rept,Section 6.3-Transportation;Table 9.1-Summary of Findings on NEPA Issues for Renewal of Npps ML20205Q4051999-04-12012 April 1999 Comment Opposing Renewal of Calverts Cliffs NPP License. Urges NRC Not to Renew Calvert Cliffs License & Shut Plant Down as Soon as Possible ML20205P9871999-04-12012 April 1999 Comment Opposing Draft Environmental Impact Statement (NUREG-1447,Suppl 1) for Calvert Cliffs License Renewal Application ML20205Q4001999-04-10010 April 1999 Comment Opposing Renewal of License for Calvert Cliffs Npp. Requests That Plant Be Shut Down ML20205Q3961999-04-0909 April 1999 Comment Opposing License Extension of Bge for Calvert Cliffs NPP to Operate Another Twenty Years ML20207A6521999-04-0606 April 1999 Transcript of 990406 Public Meeting in Solomons,Maryland Re Draft Environ Impact Statement for Calvert Cliffs NPP to Support Review of License Renewal Application (7:00 P.M. Session).Pp 1-83.Supporting Documentation Encl ML20207A6391999-04-0606 April 1999 Transcript of 990406 Public Meeting in Solomons,Maryland Re Draft Environ Impact Statement for Calvert Cliffs NPP to Support Review of License Renewal Application.Pp 1-164. Supporting Documentation Encl ML20205B2101999-03-18018 March 1999 Comment on Potential Impacts of Patuxent River Complex Flight Operations on Calvert Cliffs Nuclear Power Plant ML20207M4101999-03-0808 March 1999 Comments on Draft Suppl to Geis.Both GEIS & Suppl Using Obsolescent Views on Alternatives.Shelf Technology for Widley Used Fuel Cells Mfg by United Technologies Can Replace Grid Supplied Energy for Bldgs ML20207M4841999-03-0202 March 1999 Comments on NPP Draft Suppl to Generic Environ Impact statement,NUREG-1437,suppl 1 ML20207M3741999-02-25025 February 1999 Comment on NPP Draft Suppl 1 to Generic Environ Impact Statement.Informs That Ref to Abbe,1992 on Page 4-31 Should Read Population Structure of Eastern Oyster... Not Pollution Structure.. CLI-98-25, Erratum.* Advises That Citation to CLI-98-12 on Page 7 of CLI-98-25 (Issued on 981223),immediately Following First Indented Quotation,Should Read 48 NRC 18, Not 48 NRC 11998-12-30030 December 1998 Erratum.* Advises That Citation to CLI-98-12 on Page 7 of CLI-98-25 (Issued on 981223),immediately Following First Indented Quotation,Should Read 48 NRC 18, Not 48 NRC 1 ML20198E1721998-12-23023 December 1998 Memorandum & Order.* for Reasons Set Forth,As Well as Reasons Set Forth in LBP-98-26,National Whistleblower Ctr Appeal Denied & LBP-98-26 Affirmed.With Certificate of Svc. Served on 981223 ML20198J6951998-12-21021 December 1998 Comment Endorsing NEI Comments to Proposed Rule 10CFR50.59, Changes,Tests & Experiments. Offers Addl Comments on Areas That Continue to Remain Vague Even with Proposed Rule Language & NEI Comments ML20155H5371998-11-0505 November 1998 NRC Staff Brief in Opposition to Appeal of National Whistleblower Center.* for Reasons Set Forth,Licensing Board Decision in LBP-98-26 Should Be Affirmed. with Certificate of Svc ML20155F4751998-11-0505 November 1998 Baltimore Gas & Electric Co Brief in Opposition to Appeal of Natl Whistleblower Ctr.* Licensing Board 981016 Memorandum & Order Should Be Affirmed.Natl Whistleblower Refused to Comply with Deadline.With Certificate of Svc ML20155C8691998-10-26026 October 1998 Notice of Appeal.* Petitioner Natl Whistleblower Ctr Hereby Files Notice of Appeal to Commission for Review of ASLB 981016 Order Denying Petitioner Petition for Leave to Intervene & Request for Hearing.Supporting Brief Encl ML20155C8941998-10-26026 October 1998 Petitioner Brief in Support of Appeal of Order Denying Intervention Petition & Dismissing Proceeding.* Commission Must Vacate Decision of Board & Remand Case for Proceeding Re Disposition of Contentions.With Certificate of Svc ML20154P6361998-10-21021 October 1998 Petitioner National Whistleblower Center Request for Extension of Page Limitation.* National Whistleblower Requests Leave to File Brief of Approx 25 Pages in Length. with Certificate of Svc ML20154M8211998-10-16016 October 1998 Petitioner Second Revised Notice of Filing (Concerning Rais).* Center Should Not Be Required to Submit Final List of Contentions or Final Suppl/Amended Petition Until 100 Days After Bg&E Responses.With Certificate of Svc ML20154K8431998-10-16016 October 1998 Memorandum & Order (Denying Intervention Petition/Hearing Request & Dismissing Proceeding).* Intervention Petition Hearing Request of Petitioner Denied & Proceeding Terminated.With Certificate of Svc.Served on 981016 ML20154K8721998-10-13013 October 1998 Petitioner Notice of Filing.* Natl Whistleblower Ctr Files First Supplemental Set of Contentions in Matter of Bg&E.With Certificate of Svc ML20154H0801998-10-0909 October 1998 Bg&E Answer to Petitioner Notice of Filing.* National Whistleblower Ctr Notice of Filing Is Legally & Factually Infirm & Petition Should Be Dismissed.With Certificate of Svc ML20154H1371998-10-0909 October 1998 Bg&E Answer to Petitioner Motion Requesting to Be Informed of Communication Between NRC Staff & Applicant.* Natl Whistleblower Ctr Petition Should Be Dismissed for Failure to File Contentions.With Certificate of Svc ML20154H2371998-10-0909 October 1998 NRC Staff Response to Status Rept & Petitioners Motion to Be Informed of Communication Between NRC Staff & Applicant.* Petitioner Request for Hearing Should Be Denied & Proceeding Should Be Terminated.With Certificate of Svc ML20154H2321998-10-0909 October 1998 Bg&E Answer to Petitioner Motion to Vacate & Reschedule pre- Hearing Conference.* Natl Whistleblower Ctr Motion Should Be Denied & Intervention Petition Should Be Dismissed,For Listed Reasons.With Certificate of Svc ML20154H2091998-10-0909 October 1998 NRC Staff Answer in Opposition to Petitioners Motion to Vacate & re-schedule pre-hearing Conference.Motion Should Be Denied Due to Petitioner Failure to Establish Extreme Circumstances to Delay Proceeding.With Certificate of Svc ML20154F1751998-10-0808 October 1998 Order (Schedule for Responses to Petitioner Notice of Filing).* If Bg&E & NRC Wish to Address Matters in 981007 Notice,Action Should Be Taken as Part of Responsive Filings Due on 981009.With Certificate of Svc.Served on 981008 ML20154H0921998-10-0707 October 1998 Petitioner Notice of Filing.* Natl Whistleblower Ctr Should Not Be Required to Submit List of Contentions or Supplemental/Amended Petition Until at Least 100 Days After Bg&E Provides Responses to Rai.With Certificate of Svc ML20154B0081998-10-0202 October 1998 Order (Schedule for Responses to Petitioner Filings).* Orders That Bg&E & NRC Staff Shall Have Up to & Including 981009 within Which to Respond to Natl Whistleblower Ctr Submissions.With Certificate of Svc.Served on 981002 ML20154B2041998-10-0101 October 1998 Natl Whistleblower Ctr Reply to NRC Staff & Bg&E Answer to Natl Whistleblower Ctr Petition to Intervene & Request for Hearing.* Request for Dismissal of Petition to Intervene Should Be Denied for Listed Reasons ML20154B8701998-10-0101 October 1998 Petitioner Motion Requesting to Be Informed of Communication Between NRC Staff & Applicant.* Requests That NRC & Applicant Be Required to Put Petitioner & Board on Svc List & Give Notice of Communications Re Bg&E License Renewal ML20154B2161998-10-0101 October 1998 Second Affidavit of M Claro.* Affirms That Info Re Matter of Bg&E True & Correct ML20154B9391998-10-0101 October 1998 Status Rept.* Informs That Natl Whistleblower Ctr Reserves Right to File Contentions within 15 Days of Prehearing Conference in Matter of Bg&E ML20154B8521998-10-0101 October 1998 Petitioner Motion to Vacate & re-schedule pre-hearing Conference.* Requests That Motion to Vacate Be Granted & pre-hearing Conference Be Postponed Until No Sooner than 115 Days After 980828 RAI Response ML20153G3651998-09-29029 September 1998 Order (Revised Prehearing Conference Schedule).* Orders That ASLB Will Hold Prehearing Conference in Proceeding Re Issue of Standing Based on Info in Natl Whistleblower Ctr 980807 Petition.With Certificate of Svc.Served on 980929 ML20153E8211998-09-22022 September 1998 Comment Supporting Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Agrees with Staff Assessment in Secy 98-061 ML20153B2241998-09-21021 September 1998 Memorandum & Order (Scheduling Matters & Electronic Hearing Database).* Natl Whistleblower Ctr Motion to Delay Prehearing Conference Denied,But Petition Suppl Extension Request Granted.With Certificate of Svc.Served on 980921 ML20153B2661998-09-18018 September 1998 Petitioner Motion to Vacate Prehearing Conference or in Alternative for Extension of Time.* Postponement of Prehearing Conference Until After Close of Discovery Requested.With Certificate of Svc ML20151X9781998-09-17017 September 1998 Memorandum & Order.* for Reasons Stated,Commission Grants National Whistleblower Center Petition for Review & Gives Addl Time Until 980930,to File Contentions in Proceeding. with Certificate of Svc.Served on 980917 ML20151Z5531998-09-16016 September 1998 Bg&E Answer to Petitioners Filing in Response to Prehearing Order.* Natl Whistleblower Ctr Failed to Demonstrate Standing of at Least One Admissible Contention.Petition Should Be Dismissed.With Certificate of Svc 1999-09-22
[Table view] Category:ORDERS
MONTHYEARCLI-98-25, Erratum.* Advises That Citation to CLI-98-12 on Page 7 of CLI-98-25 (Issued on 981223),immediately Following First Indented Quotation,Should Read 48 NRC 18, Not 48 NRC 11998-12-30030 December 1998 Erratum.* Advises That Citation to CLI-98-12 on Page 7 of CLI-98-25 (Issued on 981223),immediately Following First Indented Quotation,Should Read 48 NRC 18, Not 48 NRC 1 ML20198E1721998-12-23023 December 1998 Memorandum & Order.* for Reasons Set Forth,As Well as Reasons Set Forth in LBP-98-26,National Whistleblower Ctr Appeal Denied & LBP-98-26 Affirmed.With Certificate of Svc. Served on 981223 ML20154K8431998-10-16016 October 1998 Memorandum & Order (Denying Intervention Petition/Hearing Request & Dismissing Proceeding).* Intervention Petition Hearing Request of Petitioner Denied & Proceeding Terminated.With Certificate of Svc.Served on 981016 ML20154F1751998-10-0808 October 1998 Order (Schedule for Responses to Petitioner Notice of Filing).* If Bg&E & NRC Wish to Address Matters in 981007 Notice,Action Should Be Taken as Part of Responsive Filings Due on 981009.With Certificate of Svc.Served on 981008 ML20154B0081998-10-0202 October 1998 Order (Schedule for Responses to Petitioner Filings).* Orders That Bg&E & NRC Staff Shall Have Up to & Including 981009 within Which to Respond to Natl Whistleblower Ctr Submissions.With Certificate of Svc.Served on 981002 ML20153G3651998-09-29029 September 1998 Order (Revised Prehearing Conference Schedule).* Orders That ASLB Will Hold Prehearing Conference in Proceeding Re Issue of Standing Based on Info in Natl Whistleblower Ctr 980807 Petition.With Certificate of Svc.Served on 980929 ML20153B2241998-09-21021 September 1998 Memorandum & Order (Scheduling Matters & Electronic Hearing Database).* Natl Whistleblower Ctr Motion to Delay Prehearing Conference Denied,But Petition Suppl Extension Request Granted.With Certificate of Svc.Served on 980921 ML20151X9781998-09-17017 September 1998 Memorandum & Order.* for Reasons Stated,Commission Grants National Whistleblower Center Petition for Review & Gives Addl Time Until 980930,to File Contentions in Proceeding. with Certificate of Svc.Served on 980917 ML20237E1971998-08-27027 August 1998 Memorandum & Order (Denying Time Extension Motion & Scheduling Prehearing Conference).* Orders That Natl Whistleblower Ctr 980821 Motion for Extension of Time Denied.W/Certificate of Svc.Served on 980827 ML20237D9421998-08-26026 August 1998 Memorandum & Order.* Denies Petition Filed by National Whistleblowers Ctr for Intervention & Hearing in Matter Re Bg&E Application for Renewal of Operating License. W/Certificate of Svc.Served on 980826 ML20237D3271998-08-24024 August 1998 Order (Schedule for Responses to Motion for Extension of Time).* Orders That Any Responses to 980821 Motion to Extend Time for Prehearing Conference Should Be Filed on or Before 980826.W/Certificate of Svc.Served on 980824 ML20237C3551998-08-20020 August 1998 Memorandum & Order (Initial Prehearing Order).* Board Requests That on or Before 980828,applicant or Staff Provide Board W/Electronic Version & Copy of Apr 1998 Renewal Application.W/Certificate of Svc.Served on 980820 ML20237B8681998-08-19019 August 1998 Order Referring Petition for Intervention & Request for Hearing to Atomic Safety & Licensing Board Panel.* Commission Directs Board to Conduct Proceeding Per Guidance in This Order.W/Certificate of Svc.Served on 980819 ML20246M5261989-03-20020 March 1989 Order Imposing Civil Monetary Penalty in Amount of $300,000.Actions Based on Violations Identified During NRC Insp on 870323-27 ML20236D8761989-03-0202 March 1989 Order Imposing Civil Monetary Penalty in Amount of $300,000 for Violations Re Equipment Qualification Requirements 1998-09-29
[Table view] |
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RSL 5 00CKETED '
UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION
% SEP 17 A9:46 COMMISSIONERS:
~
OFF. '
Shirley Ann Jackson. Chairman Rg, Nils J. Diaz ADJU(lis -
7F Edward McGaffigan, Jr.
3 SERVED SEP 171994 In the Matter of )
) :
BALTIMORE GAS & ELECTRIC COMPANY ) Docket Nos. 50-317-LR i
) 50-318-LR (Calvert Cliffs Nuclear Power Plant, )
Units 1 and 2) ) l
) 1 CLl 98-19 l l
MEMORANDUM AND ORDER I This proceeding involves an application by Baltimore Gas & Electric Company ("BG&E")
to renew its operating license for both units of its Calvert Cliffs Nuclear Power Plant -- an action )
l opposed by the National Whistleblower Center ("NWC").' On August 19,1993, the Commission issued CLI 98-14,48 NRC . referring NWC's petition for intervention and hearing to the Atomic Safety and Licensing Board and setting out a suggested expedited procedural schedule for the case. On August 20*, the Board issued a Memorandum and Order scheduling further filings in this proceeding. In that order, the Board established a September 11* deadline for the l l filing of contentions (slip op. at 3). On August 21", NWC asked the Board for an enlargement j l
l l of time until December 1" within which to file its contentions. On August 27*, the Licensing Board issued an order denying NWC's request. NWC failed to submit contentions by September 11*. ' Instead, it filed with the Commission a petition for review of the Board's i
August 27* order. l 1
9309100043 900917
[^ D h 3 60*
P 2
We ordinarily do not review interlocutory Board orders denying extcasions of time, but we do so here as an cxercise of our general supervisory jurisdiction over agency adjudications.
On consideration of NWC's petition for review, we conclude that at the time it requested a hearing in eany August, it might not have anticipated that the Board would set a date as early as September 11* as the deadline for filing contentions, perhaps in part because the agency's Nc4ce of an Opportunity for a Hearing stated, somewhat ambiguously, that a petitioner had to file contentions "not later than" 15 days prior to the first prehearing conference (63 Fed. Reg.
36,966 (July 8,1998)). In addition, NWC has represented that its experts were unable to
- complete their review of the Calvert Cliffs applicuon by the September 11* deadline. To ensure that NWC has an adequate opportunity to introduce matters of safety or environmental concern into the Calvert Cliffs proceeding, we have decided to grant NWC until September 30*
to file contentions. However, NWC's contentions, to be admissible, must satisfy the l Commission's standards for acceptability of contentions set forth in 10 C.F.R. 2.714 and, after September 30*, our late-filed criteria will come into play. The Board should be prepared to terminate the adjudication promptly should NWC submit no admissible contentions.'
We recognize that our grant of an extension of time to NWC may require the Board to l l
postpone, by two weeks or so, the issuance of its initial decision on standing and on the I admissibility of contentions. Given the threshold stage of this proceeding, however, this short delay will not compromise the Commission's ultimate goal to resolve all license renewal issues within 30 months of our initial hearing notice.
' We note that, by September 30*, NWC will have had 134 days since the NRC published its May 19,1998 notice of acceptance for docketing of BG&E's application (63 Fed.
Reg. 27,601),112 days since the NRC announced the beginning of the public scoping process under the National Environmental Policy Act (63 Fed. Reg. 31,813 (June 10,1998)), and 84
+
days since the NRC published the Notice of Opportunity for Hearing (63 Fed. Reg. 36,966 (July 8,1998)). Both the docketed application and detailed information about the license renewal process have beea available publicly since at least the May 19" notice.
l 3 i Our decision today to relax the Board's September 11 deadline by no means suggests !
any dissatisfaction with the Board's handling of the matter. The Board acted entirely reasonably both in establishing the September 11 deadline and, in the absence of Commission 1
guidance, in i efusing to extend it, particularly in refusing to extend it until Novembei, as NWC 1 l
originally requested. We urge the Board to continue its effort to move this proceeding forward expeditiously. Our decision today also reflects no agreement with NWC's position that the I i
Commission's initial decision to expedite this case and to provide the Board scheduling j milestones is somehow unlawful. We recently set out the Commission's views on these matters i l
in CLI-98-15,48 NRC _ (1998), and reaffirm them here. Finally, for the reasons given by the Board itself in its August 27* order, it possesses considerable authority to modify general I
deadlines set out in our rules and we expect it to continue to exercise that authority when I
appropriate. i For the foregoing reasons, we grant NWC's petition for review and give NWC additional ,
I time, until September 30,1998, to file contentions in this proceeding, j i
IT IS SO ORDERED. !
l c-- For the Commission f o
^
U O'- ;E John C.14oyle gg [ Secretary of the Commission Dated at Rockville, Maryland, this 17th day of September,1998.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of )
)
- BALTIMORE GAS & ELECTRIC COMPANY ) Docket Nos. 50-317/318-LR !
)
(Calvert Cliffs Nuclear Power Plant, )
Units 1 and 2) )
CERTIFICATE OF SERVICE ,
I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER !
(CLI-98-19) have been served upon the following persons by deposit in the U.S. mail, first class, as indicated by asterisk or through deposit in the Nuclear Regulatory Commission's intemal mail ;
system, with copies by alectronic mail as indicated.
Administrative Judge ,
Office of Commission Appellate G. Paul Bollwerk, Ill, Chairman l Adjudication . Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission (E-mail: rmfgnrc. gov; hrb@nrc. gov) Washington, DC 20555 (Eeall: gpb@nrc. gov)
Administrative Judge Administrative Judge Jerry R. Kline Thomas D. Murphy Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
. Washington, DC 20555 Washington, DC 20555 (E-mail: jrk2@nrc. gov) (E-mail: tdm@nrc. gov)
Robert M. Weisman, Esq. ' Stephen M. Kohn, Esq? }
Marian L. Zobier, Esq. National Whistleblower Legal Defr.nse l Mail Stop 15 B18 and Education Fund ;
-I U.S. Nuclear Regulatory Commission 3233 P Street, NW Washington, DC 20555 Washington, DC 20007 )
(E-mail: rmw@nrc. gov; mlz@nrc. gov) (E-mail: smk@whistleblowers.org) ;
l j
L----_.L__---- , - , -,, , ,_ - ,_. , ,_- ., n . . ,. ,.. , . , .
e e
Docket Nos. 50-317/318-LR COMMISSION MEMORANDUM AND ORDER (CLI-98-19) :
David R. Lewis, Esq.*
Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, DC 20037 (E-mail: david lewis @shawpittman.com) '
Dated at Rockville, MD this 17Jh day of September 1990
&la / ddn Office of the Secretary of4he Commission 6
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