ML20160A380
| ML20160A380 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 06/08/2020 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | Sue Abreu, Gary Arnold Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 52-025-LA-3, License Amendment, RAS 55704 | |
| Download: ML20160A380 (6) | |
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 No. 52-025-LA-3 SOUTHERN NUCLEAR OPERATING ASLBP No. 20-967-03-LA-BD01 COMPANY, INC.
June 8, 2020 (Vogtle Electric Generating Plant, Unit 3)
MEMORANDUM AND ORDER (Regarding Initial Prehearing Conference Scheduling and Procedures)
In this license amendment proceeding, the Licensing Board will use teleconferencing to conduct an oral argument regarding the issues of standing and contention admissibility. To assist in scheduling this initial prehearing conference, the Board is requesting scheduling information from the participants to this proceeding (i.e., applicant Southern Nuclear Operating Co., Inc. (SNC), the NRC Staff, and petitioners Blue Ridge Environmental Defense League and its chapter Concerned Citizens of Shell Bluff (collectively BREDL)), as described below. In addition, the Board sets forth below an outline of the procedures that will govern the argument.
A. Prehearing Conference Schedule The Board would like to conduct this oral argument during the weeks of June 22 or June 29, 2020. The Board anticipates the argument will last no more than two hours. We thus
propose to hold the session at one of the dates/times specified below:
Tuesday, June 23, 2020, beginning at either 10:00 a.m. or 2:00 p.m. Eastern Time (ET);
Wednesday, June 24, 2020, beginning at either 10:00 a.m. or 2:00 p.m. ET; Thursday, June 25, 2020, beginning at 2:00 p.m. ET; Tuesday, June 30, 2020, beginning at either 10:00 a.m. or 2:00 p.m. ET; Wednesday, July 1, 2020, beginning at either 10:00 a.m. or 2:00 p.m. ET; or Thursday, July 2, 2020, beginning at 2:00 p.m. ET.
The Board requests that on or before noon ET on Monday, June 15, 2020, one representative of the participants to this proceeding send an e-mail to Board law clerk Taylor Mayhall (taylor.mayhall@nrc.gov), with a copy to the other participants, listing at least two agreed dates and times at which all the participants will be available for this prehearing conference.
B. Conducting the Initial Prehearing Conference The argument will be conducted via an audio-only telephone conference. A phone number will be set up permitting access to the conference by individuals participating in the conference using any telephone. Each of the participants to this proceeding will be given up to four speaking (leader) lines that it can allocate to permit up to four individuals to speak on its behalf. Each proceeding participant, however, will have a designated primary representative who will be expected to present that participants argument, absent a request and Board authorization for another individual to speak on that participants behalf. The joint e-mail requested under section A above should also list the names of each participants (up to four) representatives who will join the oral argument via a speaking (leader) line, one of whom should be designated as the participants primary representative.
Once the date for the prehearing conference is established, the Boards law clerk will
contact the participants designated representatives by e-mail to provide the telephone number and passcode information required to participate in the oral argument, as well as information regarding access to listen-only lines for interested members of the public.
The primary purpose of this oral argument is to allow the Board to ask questions and obtain answers concerning standing, contention admissibility, and other issues presented by the participants pleadings. Petitioner BREDL shall have 30 minutes to present its arguments on all issues, with the NRC Staff and SNC each allotted 20 minutes to respond. The Petitioner may reserve up to 10 minutes of its prescribed time for rebuttal. No other rebuttal will be permitted.
In general, in their oral presentations participants primary representatives should not merely repeat arguments presented in their written filings. Instead, they should focus on (1) identifying the principal points in controversy and the information that supports or rebuts their legal and/or factual claims regarding those matters; and (2) responding to the Boards questions. And because the argument is not an evidentiary hearing, the participants should not attempt to introduce evidence during the argument.* Consequently, material that has not already been cited in the participants pleadings before the Board should not be used.
- The Board anticipates that Board questions will be answered principally by a participants designated primary representative. The Board also recognizes, however, that because of COVID-19 pandemic-related protocols and other circumstances, a primary representative may not be in the presence of those individuals who might be able to provide information that would help frame the most accurate response to a Board inquiry, particularly regarding technical matters. Accordingly, the Board encourages the participants to make arrangements that will allow their primary representative to consult promptly with other knowledgeable individuals in formulating such a response.
Although the participants designated representatives will be appearing remotely, the Board encourages all those taking part in the oral argument to conduct themselves as if in a hearing room setting, including seeking to minimize outside noise and interruptions while the conference is ongoing.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 8, 2020
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Southern Nuclear Operating Company ) Docket No. 52-025-LA-3
)
(Vogtle Electric Generating Plant, Unit 3) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Regarding Initial Prehearing Conference Scheduling and Procedures) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Taylor Mayhall, Law Clerk Office of Commission Appellate Adjudication taylor.mayhall@nrc.gov Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the Secretary of the Commission Jody C. Martin, Esq.
Mail Stop: O-16B33 Michael A. Spencer, Esq.
Washington, DC 20555-0001 Olivia J. Mikula, Esq.
E-mail: hearingdocket@nrc.gov Susan Vrahoretis, Esq.
Julie G. Ezell, Esq.
Brian P. Newell, Senior Paralegal U.S. Nuclear Regulatory Commission Felicia Y. Keith, Paralegal Atomic Safety and Licensing Board Panel E-mail: jody.martin@nrc.gov Mail Stop: T-3F23 michael.spencer@nr.gov Washington, DC 20555-0001 olivia.mikula@nrc.gov susan.vrahoretis@nrc.gov G. Paul Bollwerk, III, Chairman brian.newell@nrc.gov Administrative Judge felicia.keith@nrc.gov paul.ryerson@nrc.gov julie.ezell@nrc.gov Dr. Sue H. Abreu Administrative Judge Blue Ridge Environmental Defense League, Inc.
sue.abreu@nrc.gov PO Box 88 Glendale Springs, NC 28629 Dr. Gary S. Arnold Louis A. Zeller Administrative Judge Email: BREDL@skybest.com gary.arnold@nrc.gov Ian Curry, Law Clerk ian.curry@nrc.gov
Vogtle 52-025-LA-3 MEMORANDUM AND ORDER (Regarding Initial Prehearing Conference Scheduling and Procedures)
Balch & Bingham, LLP 1710 6th Avenue North Birmingham, AL 35203 Melvin S. Blanton, Esq.
Alan Lovett, Esq.
Nick Theodore, Esq.
Peter LeJeune, Esq.
Leslie G. Allen, Esq.
Email: sblanton@balch.com alovett@balch.com ntheodore@balch.com plejeune@balch.com lgallen@balch.com Morgan Lewis LLP 1111 Pennsylvania Ave NW Washington, DC 20005 Paul M. Bessette, Esq.
Email: paul.bessette@morganlewis.com Krupskaya Digitally signed by Krupskaya T. Castellon T. Castellon Date: 2020.06.08 14:38:24 -04'00' Dated at Rockville, Maryland, _________________________________
this 8th day of June 2020. Office of the Secretary of the Commission 2