ML20237C355

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

ML20237C355
Person / Time
Site:	Calvert Cliffs
Issue date:	08/20/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	BALTIMORE GAS & ELECTRIC CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#398-19439 98-749-01-LR, 98-749-1-LR, LR, NUDOCS 9808210110
Download: ML20237C355 (14)

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' 00CKETED UNITED STAT"" 9F AMERICA USHRC NUCLEAR REGUI .JY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 38 ME 20 A11.07 Before Administrative Judges: ,m ,

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G. Paul Bollwerk, III, Chairman RULEh' e"g' Fp-Dr. Jerry R. Kline ADJUD u i * '

Thomas D.

Murphy!

SERVED AUG 2 01998 In the Matter of Docket Nos. 50-317-LR 50-318-LR BALTIMORE GAS AND ELECTRIC COMPANY ASLBP No. 98-749-01-LR (Calvert Cliffs Nuclear Power Plant, Units 1 & 2) August 20, 1998 l-l MEMORANDUM AND ORDER (Initial Prehearing Order)

In this proceeding, applicant Baltimore Gas and i

L Electric Company (BG&E) has applied under 10 C.F.R. Part 54 for a twenty-year extension of the 10 C.F.R. Part 50 facility operating licenses for its Calvert Cliffs l Nuclear Power Plant, Units 1 and 2, located in Calvert L

County, Maryland. On July 1, 1998, the NRC staff issued a notice that the agency is (1) considering this license application; and (2) affording the opportunity for a formal adjudicatory hearing on the application. The notice was published in the Federal Recister on July 8, 1998. Egg l 63 Fed. Reg. 36,966 (1998). By filing dated August 7, 1998, 3

petitioner National Whistleblower Center (NWC) has asked for a hearing relative to the BG&E license renewal application.

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I 9908210110 990820 PDR l

ADOCK 05000317 I O PDR .

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On August 19, 1998, the Commission issued an order referring the BG&E application to the Atomic Safety and Licensing Board Panel with scheduling and other guidance relative to the conduct of any subsequent adjudication. Egg CLI-98-14, 48 NRC (Aug. 19, 1998). On August 19, 1998, this Licensing Board was appointed to preside over this proceeding. Egg 63 Fed. Reg. (1998).

In accordance with its authority under 10 C.F.R.

S 2.718, the Licensing Board establishes the following directives regarding the conduct of this proceeding:

I. SCHEDULE FOR FURTHER FILINGS REGARDING PETITIONER'S HEARING REQUEST / INTERVENTION PETITION AND FOR PREHEARING CONFERENCE A. Answers to Hearing Request / Intervention Petition Applicant BG&E's answer to the pending hearing request / intervention petition shall be filed on or before Monday, Aucust 24, 1998. The staff's answer to the pending hearing request / intervention petition shall be filed on or before Thursday, Aucust 27, 1998. Egg 10 C.F.R. S 2.714(c).

On or before that same date, the staff should provide the Board with a status report detailing when it expects to issue a safety evaluation report (SER) and draft and final environmental impact statements (EIS) regarding the BG&E application.

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B. Supplement to Hearing Requests / Intervention Petitions and Responses Pursuant to 10 C.F.R. S 2.714(b), on or before Fridav, September 11, 1998, petitioner NWC may file a supplement to its hearing petition / intervention request, which must include its list of contentions and supporting bases. Any contention submitted after this date will be considered a late-filed contention that must meet the requirements for admission set forth in section 2.714(a)(1)(i)-(v).

Each contention shall be given a separate numeric or alpha designation within one of the following three groups-

1. Technical -- primarily concerns issues relating to matters discussed or referenced in Volumes 1 and 2 of the BG&E application.

2. Environmental -- primarily concerns issues relating to matters discussed or referenced in Volume 3 of the BG&E application (i.e., the Environmental Report (ER)).

3. Miscellaneous -- does not fall into one of the two categories outlined above.

If the petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these three categories, it must set forth the contention and supporting bases in full separately for each category into which it is asserted to fall with a separate designation for that category (e.g., Technical-3 and Environmental-3). As the Commission observed in its August 19, 1998 issuance, each contention must be within the limited scope of this proceeding. See CLI-98-14, 48 NRC at (slip op. at 2-3),

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• s Applicant and staff responses to the petitioner's supplement shall be filed on or before Fridav, October 2, 1998.

C. Prehearing Conference The Licensing Board intends to hold a prehearing conference at the Atomic Safety and Licensing Board Panel Hearing Room, Room T-3B45, Third Floor, Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland, during the week of October 13, 1998. During this prehearing hearing conference the Board will ente tain participant oral arguments concerning the petitioner's standing and the ,

1 admissibility of its contentions. Any participant who has a potential scheduling conflict the week of October 13, 1998, should contact the Board Chairman immediately at (301) 4 415-7454.

II. ADMINISTRATIVE MATTERS A. Notice of Appearance If they have not already done so, within five davs of the date of this memorandum and order, each counsel or representative for each participant shall file a notice of l appearance complying with the requirements of 10 C.F.R.

l l 5 2.713(b). In each notice of appearance, besides providing l

a business address and telephone number, if an attorney or representative has a facsimile number and/or an Internet j

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.e e-mail address, the attorney or representative should provide that information as well. Counsel who have already submitted a not.ica af appearance that does not provide facsimile or e ., information should file a supplemental statement with .

'c information within five davs of the date of this issuanr*

B. Service on t an Licensing Board Members and Other Participants

1. Service on Licensing Board Members For each pleading or other submission filed before the Licensing Board or the Commission in this proceeding, subject to the requirement of section II.B.1.g below, in addition to submitting an original and two conforming copies to the Office of the Secretary as required by 10 C.F.R.

S 2.708(d) and serving a copy on every other participant in accordance with section 2.701(b), a participant should serve conforming copies on the members of the Licensing Board by one of the following methods:

a. Recular Mail. To complete service on the members of the Licensing Board via United States Postal Service first-class mail, a participant should send conforming copies to each of the Licensing Board members at the following address:

l Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 t

4 For regular mail service, the staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first-class mail.

b. Overnicht or Hand Deliverv. To complete service on the members of the Licensing Board via overnight (e.g.,

express mail) or hand delivery, a participant should send conforming copies to each of the Licensing Board members at the following address:

Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852 It should be noted that use of the Board's regular mail address (see section II.B.1.a above) on an overnight / hand delivery (such as Federal Express) may delay receipt of the filing.

c. Facsimile Transmission. To complete service on the j members of the Licensing Board by facsimile transmission, a participant should (a) send one copy by rapifax to the j attention of the members of the Licensing Board at (301) 415-5599 (verification (301) 415-7393); and (b) that same date, send conforming copies to each of the Licensing Board members by regular mail at the address given in i section II.B.l.a above.

l d. E-Mail. To complete service on the members of the Licensing Board by e-mail transmission, a participant should (a) send the filing (which should include the certificate of service) as a file attached to an e-mail message directed to

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o _ ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ . - - - - - _ _ _ . . _ _ _ _ _ - - - - _ _ _ _ _ _ - . . _ _ _ _____ ___________ _- --------_a

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each of the Licensing Board members (Internet ids:

gpb0nrc. gov, jrk20nrc. gov, tdm@nrc. gov; NRC Agency Upgrade of Technology for Office Systems (AUTOS) Wide Area Network I

(WAN) System ids: GPB, JRK2, TDM); and (b) send paper conforming copies that same date to each of the Licensing Board members by regular mail at the address given in I

section II.B.l.a above.

If a participant has a pleading it wishes to send by e-mail that includes attachments it is unable to convert to electronic form, it should do one of the following:

i. If the attachments the participant is unable to convert to electronic form are fifteen naaes or less, contemporaneous with the transmission of the pleading by e-mail the attachments should be sent by a separate facsimile transmission. The e-mail and facsimile transmissions L

should note that separate transmission modes are being used. The paper conforming copies of the pleading and attachments should be sent to each of the Licensing Board members by regular mail at the address given in section II.B.1.a above.

ii. If the attachments the participant is unable to convert to electronic form are more than fifteen naces, the pleading l should be sent by e-mail and the paper conforming copy of the pleading with the attachments should be sent to each of the Licensing Board members by express mail or other means that will ensure delivery on the next business day. The l

e-mail should note that there will be j next-day service of the pleading with the attachments.

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e. Timelv Service by Hand Deliverv, Facsimile Transmission, or E-Mail. To be timely, any pleading or other submission served on the Licensing Board members by hand delivery, facsimile transmission, or e-mail must be received by the Licensing Board no later than 12:00 a.m.

(midnicht) Eastern Time on the date due.

f. Service on Other Participants. Whichever of the methods outlined above (e.g., facsimile or e-mail with conforming paper copies to follow by mail) is used for service on the Licensing Board, the participant serving the pleading should make service on all other participants and the Office of the Secretary by the same or a comparable method.

g. Service of all Filinas. In accordance with the Commission's August 19, 1998 order, see CLI-98-14, 48 NRC at (slip op. at 6), absent some other directive from the Board, all filings in this case directed to the Board shall be served on the Board and the other participants so as to ensure receipt on the day of filing. Absent some other directive from the Board, the participants may use any of l

the methods outlined above so long as the filing is timely received by the Board and the other participants.

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i C. Limitations on Pleading Length and Reply Pleadings

1. Page Limitation Any motion filed after the date of this memorandum and order and any related responsive pleadings shall not exceed ten pages in length (including signature page) absent preapproval of the Board.1 A request for Board preapproval to exceed this page limitation shall be sought in writing no I less than three business days prior to the time the motion or responsive pleading is filed or due to be filed. A request to exceed this page limitation must (1) indicate whether the request is opposed or supported by the other participants to the proceeding; (2) provide a good faith estimate of the number of additional pages that will be 1

filed; and (3) demonstrate good cause for being permitted to exceed the page limitation.

2. Reply Pleadings In accordance with the agency's rules of practice, j leave must be sought to file a reply to a response to a ,

motion. Sgg 10 C.F.R. S 2.730 (c) . A request for Board preapproval to file a reply shall be sought in writing no less than three business days prior to the time the reply l

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' 1 The intervention petition supplement and any responses thereto permitted under section I.B are not subject to this page limitation. However, any subsequent motion for admission of a late-filed contention and responses thereto are subject to this page limitation.

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will be filed.2 A request'to file a reply must indicate (1) whether the request is opposed or supported by the other participants to the proceeding; and (2) demonstrate good cause for permitting the reply to be filed.

D. Motions for Extension of Time A motion for extension of time filed with the Board in this proceeding shall be submitted in writing at least three business davs before the due date for the pleading or other submission for which an extension is. sought. A motion for extension of time must (1) indicate whether the request is opposed or supported by the other participants to the proceeding; and (2) demonstrate " unavoidable and extreme circumstances" that support permitting the extension, CLI-98-14, 48 NRC at (slip op. at 6).

E. Opposing a Request to Exceed the Page Limitation, to File a Reply, or to Extend the Time for Filing a Pleading Any written opposition to a request to exceed the page J

limit, to file a reply, or to extend the time for filing a pleading shall be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will f

2 Although the agency's rules of practice do not provide for reply pleadings, the Board will presume that for a reply to be timely, it would have to be filed within ten days of the date of service of the response it is intended to address.

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N ensure receipt on the next business day after the filing of the request.

F. Exhibits / Attachments to Filings.

If a participant files a pleading or other submission with the Board that has additional documents appended to it as exhibits or attachments, a separate alpha or numeric designation for each appended document (e.g., Exhibit 1; Attachment A) should be given to each appended document, either on the first page of the appended document or on a cover / divider sheet in front of the appended document.

Exhibits and attachments to a motion and any related responsive pleadings are not subject to the page limitation set forth in section II.C.1 above.  ;

III. ELECTRONIC HEARING DATABASE l

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Establishing an electronic database for this case will l

be a significant aid to the Licensing Board and the participants as the proceeding goes forward. Although the agency's rules of practice do not yet incorporate provisions for filing and docketing documents electronically, the Board nonetheless would 1.ike to have the participants' cooperation in establishing an electronic database for this proceeding.

To this end, the Board requests that for each filing or submission that a participant makes, it provide the Board with an electronic version of the document. The electronic l

4 version of the document can be submitted by e-mail or on a l 3.5 inch diskette. Text documents can be forwarded in their l

native wordprocessing format (e.g., Word, Wordperfect).3  :

I Any nontext documents / attachments (e.g., maps or older text l

documents for which an electronic version is not available) should be provided in any standard image format (e.g., BMP, TIFF, JPG, GIF).'

I So that the Licensing Board can begin creating this l l database, within ten days from the date of this memorandum and order, each of the participants should provide the Board l

with an electronic version of any document (e.g.,

petitioner's hearing petition / intervention request) they already have filed in this proceeding. Electronic copies of future filings should be provided to the Board ,

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contemporaneous 1y with the submission of the document. l l

' In submitting the electronic version of text documents, the participants should be careful to ensure that

, any dates in the documents are entered using characters  ;

l rather than a "date code." Inserting a date code may cause the date to appear as the current date when the document is viewed, thereby creating confusion about the actual date of l the document.

Also in this regard, as an aid to the Board, we request  !

that participants place the date of each pleading (i.e., the  ;

date it is filed and served) on the document's first page. l 8

A participant that has any questions about image format compatibility or does not have the capability of providing images of nontext documents should contact Mr.

James Cutchin at the phone number given in the text below.

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b Electronic copies of filings should be sent to James M.

Cutchin V by regular mail at the address given in section II.B.l.a above or by Internet e-mail to jmc30nrc. gov l I

(NRC AUTOS address JMC3). Mr. Cutchin can be reached at j i

(301) 415-7397 if the participants have any questions about I formatting or submitting electronic documents. ,

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In addition, the Board requests that on or before I Friday, Auaust 28, 1998, either applicant BG&E or the staff provide the Board with an electronic version (if available) )

I and one paper copy of the April 1998 BG&E license renewal l i

application and any subsequent revisions thereto.  !

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD S k d4 b_( Y G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland .

1 August 20, 1998 1

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l Copies of this memorandum and order were sent this date to counsel for applicant BG&E and to counsel for i

petitioner National Whistleblower Center bv Internet e-mail l transmission; and to counsel for the staff by e-mail through the agency's WAN system.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In-the Matter of L BALTIMORE GAS & ELECTRIC COMPANY Docket No.(s) 50-317/318-LR (Calvert Cliffs Nuclear Power Plant,

!- . Units 1 and 2) l CERTIFICATE OF SERVICE

! - I hereby certify that copies of the foregoing LB M&O (INITIAL PREH. ORDER) 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 G. Paul Bo11werk, III Adjudication Chairman U.S. Nuclear Regulatory Constission Atomic Safety and Licensing Board Panel

Washington, DC 20555 Mail Stop - T-3 F23

!- U.S. Nuclear Regulatory Commission Washington, DC 20555 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 Lawrence J. Chandler, Esq. Stephen M. Kohn, Esq.

Office of the General Counsel National Whistleblower Legal Defense Mail Stop 15 B18 and Education Fund >

U.S. Nuclear Regulatory Conalission 3233 P Street, NW Washington, DC 20555 Washington, DC 20007 R. F. Fleishman, Esq.

General Counsel i Baltimore Gas and Electric Company i P.O. Box 1475 Baltinc~e, MD 21203 L Dated at Rockville, Md. this 20 day of August 1998 e b i W Office of the Secretarf of the Calhission i

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