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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
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DC .:rT U.0 UNITED STATES
' NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
2 2l Shirley Ann Jackson, Chairman O(
Nils J. Diaz g";f Edward McGaffigan, Jr.
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In the Matter of )
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Docket Nos. 50-317 50-318 g
BALTIMORE GAS & ELECTRIC COMPANY )
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(Calvert Cliffs Nuclear Power Plant. ) License Renewal Units 1 and 2) )
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gt/ED AUG 191998 ORDER REFERRING PETITION FOR INTERVENTION AND REQUEST FOR HEARING TO l-ATOMIC SAFETY AND LICENSING BOARD PANEL CLI-98-14 I. Introduction l
l On April 10,1998, Baltimore Gas & Electric Company (Applicant) submitted an application to renew the operating licenses for its Calvert Cliffs Nuclear Power Plant nits 1 and 2, located in Lusby, Maryland. The notice of receipt of application was published in l the Federal Register on April 27,1998. Baltimore Gas & Electric Company; Calvert Cliffs Nuclear PowerPlant Units 1 & 2; Notice of Receipt of Application for Renewal of Facility Operating Licenses Nos. DPR-53 and DPR-69 for an Additional 20-Year Period, 63 Fed. Reg.
I 20,663 (1998). A notice of acceptance for docketing of the application for renewal of the facility operating licenses was published in the Federal Register on May 19,1998. Baltimore Gas &
Electric Company; Calvert Cliffs Nuclear Power Plant Units 1 and 2; Notice of Acceptance for Docketing of the Application for Renewal of Facility Operating Licenses Nos. DPR-53 and 9808200034 990819 l PDR ADOCK 05000317
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! 2 DPR-69 for an Additional 20-Year Period, 63 Fed. Reg. 27,601 (1998). On July 8,1998, the staff of the Nuclear Regulatory Commission (Staff) issued a Notice of Opportunity for a Hearing.
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63 Fed. Reg. 36,966 (1998).
On August 7,1998, the National Whistleblower Center filed a " Petition to Intervene and {
Request for Hearing of the National Whistleblower Center" (Petition)in accordance with 10 C.F.R. 9 2.714. This Order refers the Petition to the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel for assignment of an Atomic Safety and Licensing i i
Board to rule on this and any additional requests for a hearing and petitions for leave to intervene and, if a hearing is granted, to conduct the proceeding. We also provide the l
Licensing Board with guidance for the conduct of any proceeding if a hearing is granted, and a I suggested schedule for any such proceeding.
II. Commission Guidance A. Scoce of Proceedina The scope of this proceeding is limited to a review of the plant structures and 1
components that will require an aging management review for the period of extended operation l 1
and the plant's systems, structures and components that are subject to an evaluation of j time-limited aging analyses. See 10 C.F.R. $@ 54.21(a) and (c), 54.4; Nuclear Power Plant License Renewal; Revisions, Fina/ Rule, 60 Fed. Reg. 22,461 (1995). In addition, review of environmental issues is limited in accordance with 10 C.F.R. $9 51.71(d) and 51.95(c). See NUREG-1437, " Generic Environmental Impact Statement (GEIS) for License Renewal of Plant;"
1 Environmental Review for Renewal of Nuclear Power Plant Operating Licenses, Final Rule, 61 Fed. Reg. 28,467 (1996), amended by 61 Fed. Reg. 66,537 (1996). The Licensing Board shall be guided by these regulations in determining whether proffered contentions meet the standard in 10 C.F.R. Q 2.714(b)(2)(iii). It is the responsibility of the petitioner to provide the i
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3 necessary information to satisfy the basis requirement for the admission of its contentions and demonstrate that a genuine dispute exists within the scope of this proceeding. If rulings on the admission of contentions or the admitted contentions themselves raise riovel legal or policy questions, the Licensing Board should readily refer or certify such rulings or questions to the Commission on an interlocutory basis. The Commission itself is amenable to such early involvement and will evaluate any matter put before it to ensuro that substantive interlocutory review is warranted.
The Commission expects that matters within the scope of this proceeding but not put into controversy will be considered by the Licensing Board only where the Licensing Board finds that a serious safety, environmental, or common defense and security matter exiets. Such consideration should be exercised only in extraordinary circumstances. If the Licensing Board decides to raise a matter on its own initiative, a copy of its ruling, setting forth in general terms its reasons, must be transmitted to the Commission and General Counsel. The Licensing Board should not proceed to consider such sua sponte issues unless the Commission approves the Licensing Board's proposal to do so.
B. Discoverv Manaaement Similar to the practice under current Rule 26 of the Federal Rules of Civil Procedure, if a hearing is granted, the Licensing Board should order the parties to provide certain information to the other parties without waiting for discovery requests. This information will include the names and addresses of individuals likely to have discoverable information relevant to the admitted contentions, the names of individuals likely to be witnesses in this proceeding, the identification and production of documents (not already publicly available) that willlikely contain I discoverable information, and any other information relevant to the admitted contentions which the Licensing Board may require in its discretion.
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4 Within 30 davs of any Licensing Board order granting a request for a hearing, the Staff shall file in the docket, present to the Licensing Board, and make available a case file to the applicant and any other party to the proceeding. The Staff will have a continuing obligation to keep the case file up to date, as documents become available. The case file will consist of the application and any amerdments thereto, the Final Environmental Impact Statement (in the l form of a plant-specific supplement to the GEIS), any Staff safety evaluation reports relevant to the application, and any correspondence between the applicant and the NRC that is relevant to the application. Formal discovery against the Staff, pursuant to 10 C.F.R. @ 2.720(h),2.740, 2.742, and 2.744, regarding the Safety Evaluation Report (SER) and the Final Supplernental Environmental Impact Statement (FES) will be suspended until after issuance of these documents.'
The Licensing Board, consistent with fairness to all parties, should narrow the issues requiring discovery and limit discovery to no more than one round each for original and late-filed contentions.
C. Prooosed Schedule The Commission directs the Licens!ng Board to set a schedule for any hearing granted in this proceeding that establishes as a goal the issuance of a Commission decision on the pending application in about two and one half years from the date that the application was received. In addition,if the Licensing Board grants a hearing, once the Licensing Board has ruled on any petition for intervention and request for a hearing, formal discovery against the
' The above discussion is based on the Staff's review schedule for the BG&E application, which indicates that the final SER and FES will be issued fairly close in time. If this is not the case, the Board, in its discretion, may allow the commencement of discovery against the Staff on safety issues if the final SER is issued before the FES or on environmentalissues if the FES is issued before the final SER.
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Staff should be suspended until after the Staff completes its final SER and FES, subject to the discretion of the Licensing Board to proceed with discovery on either the FES or final SER as discussed in footnote 1, above. The evidentiary hearing should not commence until after completion of the final SER and FES.
The Commission believes that the goal of issuing a decision on the pending application in about two and one half years may be reasonably achieved under the current rules of practice l
and the enhancements directed by this order and by our understanding of the Staff's current schedule for review of the application. We do not expect the Licensing Board to sacrifice ,
fairness and sound decision-making to expedite any hearing granted on this application. We do 4 l
expect, however, the Licensing Board to use the techniques specified in this order and in the {
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Commission's policy statement on the conduct of adjudicatory proceedings to ensure prompt and efficient resolution of contested issues. See Statement of Policy on Conduct of Adjudicatory Proceedings, CLl-98-12,44 NRC (1998). See also Statement of Policy on Conduct of Licensing Proceedings, CLl-81-8,13 NRC 452 (1981).
If a hearing is granted, in developing a schedule, the Licensing Board should adopt the following milestones for conclusion of significant steps in the adjudicatory proceeding:
e Within 90 davs of the date of this order: Decision on intervention petitions and contentions. Start of discovery on admitted contentions, except against the Staff e Within 30 days of the issuance of SER and FES: Completion of discovery against the Staff on admitted contentions.
Late-filed contentions to be filed e Within 40 davs of the issuance of SER and FES: Responses to late-filed contentions to be filed e Within 50 days of the issuance of SER and FES: ASLB decision on late-filed contentions i
6 e Within 80 davs of the issuance of SER and FES: Completion of discovery on late-filed contentions e Within 90 davs of the issuance of SER and FES: Pre-filed testimony to be submitted a Within 125 davs of the issuance of SER and FES: Completion of evidentiary hearing
- Within 220 davs of the issuance of SER and FES: ASLB initial decision on application To meet these milestones, the Licensing Board should direct the participants to serve all filings by electronic mail (in order to be considered timely, such filings must be received by the Licensing Board and parties no later than midnight Eastern Time on the date due, unless otherwise designated by the Licensing Board), followed by conforming hard copies that may be sent by regular mail. If participants do not have access to electronic mail, the Licensing Board should adopt other expedited methods of service, such as express mail, which would ensure receipt on the due date ("in-hand"). If pleadings are filed by electronic mail, or other expedited methods of service which would ensure receipt on the due date, the additional period provided in our regulations for responding to filings served by first-class mail or express delivery shall not l l
be applicable. See 10 C.F.R. @ 2.710. In addition, to avoid unnecessary delays in the l l
proceeding, the Licensing Board should not grant requests for extensions of time absent unavoidable and extreme circumstances. The Licensing Board shall not entertain motions for I
summary disposition under 10 C.F.R. @ 2.749, unless the Licensing Board finds that such motions are likely to substantially narrow the issues for which an evidentiary hearing is necessary or will otherwise expedite the proceeding. Unless otherwise justified, the Licensing Board shall provide for the simultaneous filing of answers to proposed contentions, responsive pleadings, proposed findings of fact, and other similar submittals.
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7 In addition, parties are obligated in their filings before the Licensing Board and the Commission to ensure that their arguments and assertions are supported by appropriate and accurate references to legal authority and factual basis, including, as appropriate, citation to the record. Fail Ire to do so may result in material being stricken from the record or, in extreme circumstances, in a party being dismissed.
If a hearing is granted on this application, the Commission directs the Licensing Board to promptly inferm the Commission, in writing, if the Licensing Board determines that any single milestone could be missed by more than 30 days. The Licensing Board should include an explanation of why the milestone cannot be met and the measures the Licensing Board will take to mitigate the failure to achieve the milestone and restore the proceeding to the overall schedule.
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8 111. Conclusion The Commission directs the Licensing Board to conduct this proceeding in accordance with the guidance specified in this order. As in any proceeding, the Commission retains its inherent supervisory authority over the proceeding to provide additional guidance to the Licensing Board and participants and to resolve any matter in controversy itself.
4 It is so ORDERED. I
,,, ,.;P' % ,,t , For the Commission
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/ John C. Ho le Secretary of the Commission Dated at Rockville, Maryland this /f Oday of August 1998.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
l l In the Matter of.
BALTIMORE GAS & ELECTRIC COMPANY Docket No.(s) 50-317/318 (Calvert Cliffs Nuclear Power Plant, Units 1 and 3)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-98-14) 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.
Chief Admin. Judge B. Paul Cotter, Jr. Stephen M. Kohn, Esq.
Atomic Safety and Licensing Board Panel National Whistleblower Legal Defense Mail Stop - T-3 F23 and Education Fund U.S. Nuclear Regulatory Commission 3233 P Street, NW Washington, DC 20555 Washington, DC 20007 --
R. F. Fleishman, Esq.
General Counsel Baltimore Gas and Electric Company P.O. Box 1475 Baltimore, MD 21203 Dated at Rockville, Md. this 19 day of August 1998 Office of the Secretsry of the6 Commission
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