ML20154H080

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

ML20154H080
Person / Time
Site:	Calvert Cliffs
Issue date:	10/09/1998
From:	Doris Lewis BALTIMORE GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#498-19633 98-749-01-LR, 98-749-1-LR, LR, NUDOCS 9810140069
Download: ML20154H080 (4)

Text

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h DOC 1ETID U".>gper 9,1998 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONW DCT 13 P3 :35 Before the Atomic Safety and Licensine BoarT.. .. # SE - :y Hl2EV<r*

ADJUDit ' r?P  ::

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In the Matter of

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) Docket Nos. 50-317-LR Baltimore Gas and Electric Company ) 50-318-LR

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(Calvert Cliffs Nuclear Power Plant, ) ASLBP No. 98-749-01-LR Units 1 and 2) )

BGE'S ANSWER TO " PETITIONER'S NOTICE OF FILING" Baltimore Gas and Electric Company (BGE) hereby answers " Petitioner's Notice of Filing," which the National Whistleblower Center faxed to BGE after close of business on October 7. While it is not clear whether this " Notice of Filing" is meant to be a new motion or

. supplemental argument, BGE submits that any legal issues it may raise are adequately addressed in BGE's Answer to Petitioner's Motion to Vacate and Reschedule the Pre-Hearing Conference.

As discussed in that Answer, NWC has no right to review RAls or responses prior to filing contentions, and likewise has no automatic right to receive service of correspondence.

Factually, BGE disagrees with NWC's suggestion that RAls somehow suggest deficiencies in or incompleteness of BGE's application. Questions are a normal part of the NRC staff's review and clearly would be expected for the first renewal application. Further, while NWC states that "most all" of the RAls listed in its Notice of Filing were received by the Public Document Room on or after October 1, a check with the Public Document Room reveals that 9810140069 981009 v hDR ADocg 050n93g7 PDR 3 6()

eleven sets of RAls were received by the PDR prior to October 1.' In addition, NWC is not yet an "intervenor" as it asserts on page 5 ofits filing, because its request for intervention has not yet been granted. Finally, with respect to the suggestion in footnote 2 of NWC's filing that BGE's counsel was not forthcoming, the only question that NWC asked was whether BGE has responded to an August 28 RAl; and that very short telephone conversation occurred on September 28, not on the 25* as NWC represents.

For all of these reasons, NWC's Notice of Filing is legally and factually infirm, and does not affect any of the arguments in BGE's Answer to Petitioner's Motion to Vacate and Reschedule the Pre-Hearing Conference. As discussed in that Answer, NWC's petition should be dismissed.

Respectfully submitted, w \. ,

David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8474 Counsel for Licensee Dated: October 9,1998

' The incomplete titles in NWC's list of RAls prevents BGE from correlating NWC's list with specific documents in the PDR.

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00CKETED UNITED STATES OF AMERICA USHRC l , NUCLEAR REGULATORY COMMISSION

% DCT 13 P3 :35 Before the Atemie Safety and Licensi== Board OFFlQ OF SErq fnr In the Matter of ) RULie'AKIP NO

) Docket Nos.500-EPyJNO SMFF Baltimore Gas'and Electric Company ) 50-318-LR

)

(Calvert Cliffs Nuclear Power Plant, - ) ASLBP No. 98-749-01-LR Units 1 and 2) )

l l CERTIFICATE OF SERVICE I hereby certify that copies of"BGE's Answer to Petitioner's Notice of Filing,"

! dated October 9,1998, were served upon the persons listed below by deposit in the United States mail, first class, postage prepaid, this 9th day of October,1998. Where

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indicated by an asterisk, conforming copies were also served by facsimile or electronic mail this same date.

• G. Paul Bollwerk, III, Esq., Chairman *Dr. Jerry R. Kline Administrative Judge Administrative Judge

~ Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel l

Mail.Stop T-3 F23 . Mail Stop T-3 F23  ;

l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001

( (E-mail: GPB@NRC. gov) (E-mail: JRK2@NRC. gov) l l

• Thomas D. Murphy - Adjudicatory File i Administrative Judge 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 I U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 l Washington, D.C. 20555-0001 (E-mail: TDM@NRC. gov)

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'Janice E. Moore, Esq. ' Office of the Secretary Robert M. Weisman, Esq. U.S. Nuclear Regulatory Commission Marian L. Zobler, Esq. .

Washington, D.C. 20555-0001 Office of the General Counsel Att'n: Rulemakings and Adjudications Staff Mail Stop O-15 B18 (E-mail: HEARINGDOCKET@NRC. gov)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (E-mail: ccliffs@NRC. gov)

• Michael D. Kohn, Esq.

Stephen M. Kohn, Esq.

David K. Colapinto, Esq.

National Whistleblower Center 3233 P Street, N.W.'

Washington, D.C. 20007 David R. Lewis Document #: 656058 v.I 2