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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211A1801999-08-16016 August 1999
Forwards Comments on Draft Geig Re NUREG-1437
ML20205M8401999-04-15015 April 1999
Memorandum & Order.* Orders That Petitioner Appeal of Board Ruling Be Denied.Commission Affirms LBP-98-33 in Entirety. with Certificate of Svc.Served on 990415
ML20199K8101999-01-25025 January 1999
Duke Energy Corp Brief in Opposition to Appeal of Chattooga River Watershed Coalition.* Informs That Licensing Board Decision in LBP-98-33 Should Be Affirmed.With Certificate of Svc
ML20199K8231999-01-25025 January 1999
NRC Brief in Opposition to Appeal of Nb Williams,Wb Clay, Ws Lesan & Chattooga River Watershed Coalition.* Licensing Board Decision in LBP-98-33 Should Be Affirmed.With Certificate of Svc
ML20199D7021999-01-14014 January 1999
Notice of Appeal.* Chattooga River Watershed Coalition Files Notice of Appeal to Commission for Review of ASLB 981230 Memorandum & Order Denying Petitioner Petition for Leave to Intervene
ML20199D7241999-01-14014 January 1999
Chattooga River Watershed Coalition Brief in Support of Appeal of Order Denying Intervention Petition & Dismissing Proceeding.* Commission Should Grant Petition for Review & Remand ASLB Memorandum & Order
ML20198K9911998-12-29029 December 1998
Memorandum & Order (Denying Petition to Intervene).* Denies Petitioners Requests for Intervention Because Proffered Contentions Failed to Meet Requirements for Admissability. with Certificate of Svc.Served on 981230
ML20198D2601998-12-22022 December 1998
NRC Staff Response to Petitioners New Info.* Informs That Info Provided by Petitioners Not New & Does Not Support Proposed Contentions.Recommends Proposed Contentions Be Dismissed & Proceeding Terminated.With Certificate of Svc
ML20198D2191998-12-21021 December 1998
Duke Energy Corp Response to New Info Submitted by Chattooga River Watershed Coalition in Support of Processed Contentions.* Petitioner Submittal of New Info Should Be Stricken for Procedural Reasons.With Certificate of Svc
ML20197J9201998-12-14014 December 1998
Order (Requests by Staff & Applicant to File Responses). Motions of 981211 Re Applicant & Staff Request for Leave to Respond to Petitioner Filing of 981209 Granted.With Certificate of Svc.Served on 981214
ML20197J9441998-12-11011 December 1998
NRC Staff Motion for Leave to Respond to Petitioner Filing.* Staff Requests Leave from Board to Respond to Info.Staff Will File Response within 3 Days After Board Order Issued,If Board Grants Request.With Certificate of Svc
ML20197K1131998-12-11011 December 1998
Duke Energy Corp Motion for Leave to Respond to New Info Submitted by Chattooga River Watershed Coalition.* Requests Leave to Respond to Petitioners New Info Based on Listed Grounds.With Certificate of Svc
ML20196J9051998-12-0909 December 1998
Response of Duke Energy Corp to Licensing Board Order Requesting Info Concerning high-level Radioactive Waste Transportation Rulemaking.* Util Requests That Board Certify Question Immediately.With Certificate of Svc
ML20197J8691998-12-0909 December 1998
Petitioners Response to ASLB Request for Addl Info & New Info for ASLB to Consider with Petitioners First Suppl Filing.* Response Filed on Behalf of Ws Lesan,B Clay, B Williams & Chattooga River Watershed Coalition
ML20196E0091998-12-0202 December 1998
NRC Staff Response to Order Requesting Information.* in Staff View,Impacts of Transportation of HLW Not Appropriate Issue for Litigation in This Proceeding
ML20196E0191998-11-30030 November 1998
Affidavit.* Affidavit of Dp Cleary in Response to Licensing Board Questions Re Environ Impacts of Transportation of High Level Waste.With Certificate of Svc
ML20195G5621998-11-19019 November 1998
Order (Requesting Addl Info from Staff).* Based on Directives in SRM M970612,staff Should Furnish Listed Info by 981202.Applicant & Petitioners Have Until 981209 to File Response.With Certificate of Svc.Served on 981119
ML20195D5281998-11-16016 November 1998
Response of Duke Energy Corp to Supplemental Petition to Intervene Filed by Chattooga River Watershed Coalition & Nb Williams,Wb Clay & Ws Lesan.* Request for Hearing Should Be Denied for Reasons Stated.With Certificate of Svc
ML20195C1601998-11-16016 November 1998
NRC Staff Response to Petitioner First Supplemental Filing.* Petitioners Failed to Submit Admissible Contention.Iaw 10CFR2.714,petition Should Be Denied & Petitioners Request for Stay Should Be Denied.With Certificate of Svc
ML20155F5041998-10-30030 October 1998
Declaration of N Williams.* Declaration Expresses Concerns Re Duke Power Co Application for License Renewal for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents
ML20155F4791998-10-30030 October 1998
Petitioners First Supplemental Filing.* Petitioners Request That Chattooga River Watershed Coalition Be Admitted as Party to These Proceedings & That Contentions Be Admitted for Adjudication.Unsigned Declaration for Wb Clay Encl
ML20155F4951998-10-30030 October 1998
Declaration of Ws Lesan.* Declaration Expresses Concern Re Duke Power Co Application for Renewal of License for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents
ML20154H0771998-10-0909 October 1998
NRC Staff Answer to Petition for Leave to Intervene Filed by N Williams,W Clay,Ws Lesan & Chattooga River Watershed Coalition.Petition Should Be Denied for Listed Reasons. with Certificate of Svc
ML20154A9371998-10-0101 October 1998
Order (Ruling on Request for Extension of Time).* Motion for 30-day Extension to File Amended Petition to Intervene Denied.Petitioners Have Addl 11 Days Until 981030 to File Suppl to Petition.With Certificate of Svc.Served on 981002
ML20154A0401998-09-30030 September 1998
Response of Duke Energy Corp to Request for Enlargement of Time of Chattooga River Watershed Coalition & Messrs, N Williams,W Clay & Ws Lesan.* Petitioner Request Should Be Denied for Listed Reasons.With Certificate of Svc
ML20153H4191998-09-29029 September 1998
NRC Staff Response to Motion for Enlargement of Time Filed by N Williams,W Clay,W Lesan & Chattooga River Watershed Coalition.* Petitioners Failed to Establish Sufficient Cause for Delaying Submission of Amends.With Certificate of Svc
ML20153F3131998-09-25025 September 1998
Notice of Appearance.* Informs That ML Zobler,Rm Weisman & Je Moore Will Enter Appearances in Proceeding Re Duke Energy Corp.With Certificate of Svc
ML20153H0801998-09-22022 September 1998
Comment on Draft NUREG-1633, Assessment of Use of Potassium (Ki) as Protective Action During Severe Reactor Accidents. Emergency Plan Calls for Evacuation of Population of EPZ in Timely Fashion to Prevent Exposure to Radiation from Oconee
ML20151Z7051998-09-18018 September 1998
Memorandum & Order.* Applicant & Staff Shall File Respective Answers After Petitioners File Any Amend to Intervention Petition.Answers Shall Be Filed IAW Schedule as Submitted. with Certificate of Svc.Served on 980918
ML20151Z5681998-09-18018 September 1998
Notice of Reconstitution of Board.* Provides Notification of Reconstitution by Appointing P Cotter as Board Chairman in Place of T Moore in Duke Energy Corp Proceeding.With Certificate of Svc.Served on 980918
ML20151X9911998-09-16016 September 1998
Establishment of Atomic Safety & Licensing Board.* Board Being Established in Proceeding Re Application by DPC to Renew Operating Licenses for Units 1,2 & 3,per 10CFR54.With Certificate of Svc.Served on 980917
ML20077E8231994-12-0808 December 1994
Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule
ML20044G7371993-05-25025 May 1993
Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. Opposes Rule
ML20101R5931992-07-0606 July 1992
Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Opposes Rule
ML20070E6291991-02-28028 February 1991
Comment Opposing Petition for Rulemaking PRM-73-9 Re Regulations to Upgrade Design Basis Threat for Radiological Sabotage of Nuclear Reactors
ML20215D6741987-06-12012 June 1987
Suppl 4 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.Ucs Reply to Responses from NRC & B&W Owners Group.* Certificate of Svc Encl
ML20210C4191987-04-0606 April 1987
Principal Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Petition Should Be Denied
ML20205F2911987-03-23023 March 1987
Suppl 3 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Requests That Listed Names Be Added to List in Paragraph 1 of 870210 Petition
ML20210C2691987-03-0606 March 1987
Initial Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Request for Immediate Suspension Should Be Summarily Denied.W/Certificate of Svc
ML20211F5091987-02-20020 February 1987
Suppl 2 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Lists Names to Be Added to 870210 Petition & Corrects Address for Save Our State from Radwaste
ML20210N4861987-02-10010 February 1987
Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W Co.* OLs & CPs for Facilities Should Be Suspended Until Listed NRC Actions Taken
DD-85-19, Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 8602201986-02-19019 February 1986
Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 860220
ML20137L5911985-09-10010 September 1985
Response Opposing Jf Doherty 850611 Petition for Show Cause Order Requesting NRC to Institute Consolidated Proceeding Per 10CFR2.202.Certificate of Svc Encl
ML20126A3531985-06-11011 June 1985
Petition/Request for Order to Show Cause Why Plants Should Not Be Shut Down Until CRD Mechanisms Inspected
ML20067B2391982-12-0202 December 1982
Response to Interrogatories & Document Requests Re Commission Questions 2 & 5.Related Correspondence
ML15219A0471980-04-28028 April 1980
Statement of Board of Commissioners' Position in Opposition to Radwaste Transportation Through Gaston County,Nc.Urges Transportation Via Interstates 77 & 85.Encourages Expending Energy & Money for Recycling.W/Correspondence
ML19259C4811979-05-10010 May 1979
Ucs Petition for Immediate Reconsideration of Errors in Commission 790508 Order & for Immediate Shutdown of Oconee Units 1 & 2
ML19312B8171978-03-15015 March 1978
Statement of Util as to Available Sources of Funds to Satisfy Possible Liability Not Exceeding $30 Million
ML19317E0201977-12-20020 December 1977
Endorsement 8 to Nelia Policy NF-248
ML19317D2511977-08-19019 August 1977
Petition for Rulemaking by Wi Electric Power Co,Wi Public Svc Corp & Bg&E Requesting Amend of 10CFR73.55(d)(1) Re Access & Physical Searches
1999-08-16
[Table view]
Category:ORDERS
MONTHYEARML20205M8401999-04-15015 April 1999
Memorandum & Order.* Orders That Petitioner Appeal of Board Ruling Be Denied.Commission Affirms LBP-98-33 in Entirety. with Certificate of Svc.Served on 990415
ML20198K9911998-12-29029 December 1998
Memorandum & Order (Denying Petition to Intervene).* Denies Petitioners Requests for Intervention Because Proffered Contentions Failed to Meet Requirements for Admissability. with Certificate of Svc.Served on 981230
ML20197J9201998-12-14014 December 1998
Order (Requests by Staff & Applicant to File Responses). Motions of 981211 Re Applicant & Staff Request for Leave to Respond to Petitioner Filing of 981209 Granted.With Certificate of Svc.Served on 981214
ML20195G5621998-11-19019 November 1998
Order (Requesting Addl Info from Staff).* Based on Directives in SRM M970612,staff Should Furnish Listed Info by 981202.Applicant & Petitioners Have Until 981209 to File Response.With Certificate of Svc.Served on 981119
ML20154A9371998-10-0101 October 1998
Order (Ruling on Request for Extension of Time).* Motion for 30-day Extension to File Amended Petition to Intervene Denied.Petitioners Have Addl 11 Days Until 981030 to File Suppl to Petition.With Certificate of Svc.Served on 981002
ML20151Z7051998-09-18018 September 1998
Memorandum & Order.* Applicant & Staff Shall File Respective Answers After Petitioners File Any Amend to Intervention Petition.Answers Shall Be Filed IAW Schedule as Submitted. with Certificate of Svc.Served on 980918
DD-85-19, Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 8602201986-02-19019 February 1986
Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 860220
1999-04-15
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Text
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4 DOCKETED I UNITED STATES OF AMERICA USNRC !
NUCLEAR REGULATORY COMMISSION i 1
ATOMIC SAFETY AND LICENSING BOARD 98 M]V 19 P3 :20 Before Administrative Judges: gppr ,~ ;7 ,
RUo. .. J B. Paul Cotter, Jr., Chairman ADJUN ' > > J FF Dr. Richard F. Cole Dr.-Peter S. Lam SEWED NW i 9 as In the Matter of Docket Nos. 50-269/270/287-LR DUKE ENERGY CORPORATION ASLBP No. 98-752-02-LR (Oconee Nuclear. Station, Units 1, 2, and 3)
November 19, 1998 l
I ORDER (Requesting Additional Information From Staff) 1 On November 16, 1998, Duke Energy Corporation and the NRC staff responded to the Supplemental Petition to intervene filed by Chattooga River Watershed Coalition and Norman " Buzz" Williams, William " Butch" Clay, and William Steven "W. S." Lesan (collectively referred to as " petitioners"). Certain issues have been raised by staff's response to petitioners' Contention 4 regarding the transportation of high-level waste (HLW) which need to be clarified before we can rule on this contention. In arguing that a contention regarding high-level waste
. transportation is impermissible, staff asserts that a rulemaking on this issue has been initiated at the NRC and that "the Commission's intent is that the environmental impacts of the
[ NK > 69 o =
g&
l 4
transportation of high-level waste should not be litigated in individual adjudications." Hag Staff's Response at pp. 21-23.
Staff cites SECY-97-279 (December 3, 1998) and Staff Requirements Memorandum, SRM M970612 (January 13, 1998) in support of this argument. SECY-97-279 is a paper from staff to the Commission furnishing options for the manner in which license renewal
[ applicants should address environmental impacts regarding the transportation of high-level waste. One of these options is for
- HLW transportation issues to be generically handled by rulemaking. SRM M970612 is the Commission's response to
'SECY-97-279 advising staff which options to utilize regarding the
~
HLW transportation issue.
To determine the validity of staff's argument, we need to be updated concerning the status of the high-level waste transportation rulemaking. Our concern is that although SRM M970612 approves-the staff proposal to amend 10 C.F.R. S 51.53 by rulemaking (Option 3 of SECY-97-279), it also states that if this rulemaking would delay the license renewal process for specific plants, then applicants for license renewal should address in the plant-specific environmental report the generic and cumulative
' impacts. associated with transportation of high-level waste (Option 2 of SECY-97-279).
Based upon the Commission's directives in the SRM, the staff L should furnish the following information:
l l-
4
'S i
)
- 1. What is the date staff anticipates the license renewal s
process for Oconee will;be-completed?
i
- 2. When.was HLW transportation rulemaking initiated and i what is-the approximate date that a completed rule will become 1.
l effective?
- 3. Under.the schedule identified in response to questions 1 and 2, will this rulemaking delay the license renewal' process-for the Oconee units in the manner of concern to the Commission in SRM M970612 so as to require-HLW transportation impacts to be addressed in the plant specific environmental report. If not, please explain why.
- 4. To what-extent,-if'any, must licensing boards.in NRC l
l adjudicatory proceedings adhere to Commission directives in SRMs?
Staff'should provide this information by December 2, 1998, i The applicant and petitioners have until' December 9, 1998 to file 1
- -- a response. i l
t 4
L
.'--.- i-, , ,--n , ,- , , , , - , . ., ., -- . , . - . - . . , - .. - -
. . . . _ . . . . _ . - . - . - . .- -.~ .._- - -- . , . _ - .
- j. ! !
l IT IS SO ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD I If. Pdul Cotter, . , Chairman l Administrative ' dge l
JP Dr. Richard F. Cole Administrative Judge W
Oo A '
\ A 4 aun Dr. Peter S. Lam Administrative Judge l
I Rockville, Maryland '
November 19, 1998 l .
l
, . , , . . . , , , ,.v _ , ,
O 6
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of 1
DUKE ENERGY CORPORATION Docket No.(s) 50-269/270/287-LR (Oconee Nuclear Station, Units 1, 2, and 3)
CERTIFICATE OF SERVICE l
I hereby certify that copies of the foregoing LB ORDER-REQUEST'G ADD'L INFO have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office of Commission Appellate B. Paul Cotter, Jr., Chairman 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 Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Peter S. Lam 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 Marian L. Zobler, Esquire i Robert M. Weisman, Esquire Paul R. Newton, Esquire Office of the General Counsel Lisa F. Vaughn, Esquire Mail Stop 15 B18 Duke Energy Corporation U.S. Nuclear Regulatory Commission 422 South Church St. (Mail Code PB05E)
Washington, DC 20555 Charlotte, NC 28202
- J. Michael McGarry, III, Esquire David A. Repka, Esquire Norman " Buzz" Williams Winston & Strawn 190 Mountain Cove Rd.
1400 L Street, N.W. Mountain Rest, SC 29664 Washington, DC 20005
e l
l l Docket No.(s)50-269/270/287-LR LB ORDER-REQUEST'G AD0'L INFO 1
William " Butch" Clay W. S. Lesan P.O. Box 53 P.O. Box 66 Long Creek, SC 29658 Long Creek, SC 29658 l
Chattooga River Watershed Coalition
.P.O. Box 2006 Clayton, GA 30525 Dated at Rockville, Md. this 19 day of November 1998 Office of the Secretary tf the Consission P
I 1
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