ML20249A667
| ML20249A667 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 06/16/1998 |
| From: | Cole R, Kelber C, Moore T Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED, NORTHEAST NUCLEAR ENERGY CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#298-19210 98-743-03-LA, 98-743-3-LA, LA-2, NUDOCS 9806180067 | |
| Download: ML20249A667 (10) | |
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(C(hL 00CKETE0 UNITED STATES OF AMERICA USNRC l
NUCLEAR REGULATORY COMMISSION l
36 JN 16 P3 :14 l
ATOMIC SAFETY AND LICENSING BOARD l
OFFik CF SF% j m
Before Administrative Judges: RUU.W,?
.; ;i ADJUDDlW ST/fF Thcmas S. Moore, Chairman Dr. Richard F. Cole Dr. Charles'N. Kelber SERVED 'JUN 171998 In the Matter of Docket No. 50-423-LA-2 NORTHEAST NGCLEAR ENERGY COMPANY ASLBP No. 98-743-03-LA (Millstone Nuclear Power Station, Unit No. 3)
June 16, 1998 Memoran6um and Order On April 22, 1998, the Commission publi.aed notice of the April 1, 1998 amendment request of the Applicant, Northeast Nuclear Energy Company, for Millstone Nuclear Power Station, Unit 3.
Sag 63 Fed. Reg. 19,964 (Apr. 22, 1998).
The amendment seeks to " add a new sump pump subsystem to address groundwater inleakage through the containment basement."
Id. at 19,974.
Further, the notice states that "the NRC staff proposes to determine that the amendment request involves no significant hazards consideration."
Id. at 19,975.
On May 21, 1998, Citizens Regulatory Commission
(" CRC") filed a petition to
t
-2 intervene in the proceeding.
Thereafter, on June 5, 1998, and June 10, 1995, the Applicant and the NRC Staff, respectively, I
filed answers to the CRC petition along with notices of l
appearance.
Pursuant to its authority under 10 C.F.R.
S 2.718, the Licensing Board sets forth the following directives regarding the conduct of this proceeding:
1.
CRC's Notice of Appearance The attorney or representative of CRC shall_ file a notice of appearance in conformity with the requirements of 10 C.F.R.
S
- 2. 713 (b) by June 23, 1998.
The attorney or representative should include in the appearance notice a facsimile number and an Internet e-mail address, if available.
2.
CRC's Amendment of its Intervention Petition Pursuant to 10 C.F.R.
S 2.714 (a) (3), CRC has the right to arvind its intervention petition any time up to 15 days prior to the holding of the first prehearing conference.
Because the Licensing Board does not intend to hold any prehearing conference before it has ruled upon the question of whether CRC has standing to intervene, CRC may amend its intervention petition to address I
any shortcomings, or other matters, in its initial petition by a pleading filed no later than July 7, 1998.
The Licensing Board
- 3 will not entertain any proffered amendments to the initial CRC
' intervention petition after that date.
3 '.
CRC's Supplement to its Intervention Petition Pursuan5 to 10 C.F.R.
S. 2. 714 (b) (1), CRC shall file a
~ supplement to its intervention petition containing all its proffered contentions by July 7, 1998.
If it wishes, CRC may file the supplement to its petition containing its proffered contentions as part of any filing amending its initial petition.
In'any event, CRC shall separately identify and number each of its proffered contentions in'any filing.
Moreover, CRC should take care to ensure that each of its proffered,-separately numbered, contentions complies fully with all the requirements of 10 C.F.R. S 2.714 (b) (2).
4.
Applicant and NRC Staff Replies and Answers In.the event CRC files an amendment to its intervention
' petition further addressing the standing of CRC or any of its
. members, the Applicant and the NRC Staff may file a reply to the amended CRC petition by July 21, 1998.
The answers of the
' Applicant and the NRC Staff to any contentions filed by CRC in a supplement to its petition, or otherwise, shall be filed by July 2 8,-
1998.
F L';
L l
-4 l
'5.
Prehearing Conference After ru, ling upon the question of CRC's standing to intervene,fthe Licensing Board, if appropriate, will establish a
-date for a prehearing conference or teleconference to consider the admissibility of any contentions proffered by CRC.
6.
Service on the Licensing Board Members For.each pleading or other submission filed before the Licensing Board or the Commission in this proceeding, in addition to' submitting an original and two conforming copies to tha office offthe Secretary as required by 10 C.F.R.
S 2.708(d) and serving a copy on every'other. participant in accordance with 10 C.F.R.
S 2.701(b), a participant should serve conforming copies on the members of the Licensing Board by one of'the following methods:
.a.
Regular 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
-L'icensing Board members at the following address:
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission
~
Washington, DC 20555-0001
-For-regular mail service, the NRC Staff may use the NRC internal mail system -(Mail Stop T3 F23) in lieu of first-class mail.
. b.
Overnight or Hand Delivery.
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 Rockville, MD 20852-2738 c.
Facsimile Transmission.
To complete service on the members of the Licensing Board by facsimile transmission, a
participant should (i) send one copy by rapidfax to the attention of the members of the Licensing Board at (301) 415-5599 (verification (301) 415-7399); and (ii) that same date, send conforming copies to each of the Licensing Board members by regular mail at the address given in paragraph 6.1. above.
d.
E-Mail.
To complete service on the members of the Licensing Board by e-mail transmission, a participant should (i) send the filing (which should include the certificate of service) as a file. (preferably in Wordperfect 5.1 or 6.1 format) attached to an e-mail message directed to each of the Licensing Board members (Internet ids:
tsm2@nrc. gov, rfcl@nrc. gov, cnk@nrc. gov; NRC Agency Upgrade of Technology for Office Systems (AUTOS) Wide Area Network (WAN) System ids:
TSM2, RFC1, CNK) ; (ii) for any attachments or exhibits to a pleading that cannot be transmitted
s
. by e-mail, send those documents to the Licensing Board members by separate facsimile transmission or other means that will ensure receipt by the due date; and (iii) send paper conforming copies that same date to each of the Licensing Board members by regular mail at the address given in paragraph 6.a. above.
Timely Service by Hand Delivery, Facsimile Transmission, e.
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 4:30 p.m. Eastern time on the date due.
f.
Service on Other Participants.
If the Licensing Board directs that service of a pleading should be made on it by one or more of the methods outlined above (e.g.,
facsimile or e-mail with conforming paper copies to follow by mail), the participant servicing the pleading should make service on all other participants and the Office of the Sacretary by the same or a comparable method.
6.
Motions for Extension of Time For any motion for extension of time filed with the Licensing Board in this proceeding, except upon a showing of good cause, the participant requesting the extension shall:
-7
=a.
Ascertain whether and when any other participant intends to oppose or otherwise respond.to the motion and apprise the
! Licensing Board of that information in the motion; and
.b.
Serve the motion on the Licensing board so that it is in its' hands at' least three business days before the due date-for the pleading or other submission for which an extension is sought.
7.
Exhibits / Attachments to Filings If a participant files a pleading or other submission with the Licensing 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.
a 1
I.
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o 1 It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/I cm(
/
am<to Thomas S. Moore, Chairman Administrative Judge L l. _.
m.
Dr. Richard F.
Cole Administrative Judge 4s f
Dr. Charles N.
Kelber Administrative Judge Rockville, Maryland June 16, 1998
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No.(s) 50-423-LA-2 (Millstone Nuclear Power Station, Unit No. 3)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMO & ORDER RE DIRECTIVES 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 Thomas S. Moore, 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 Charles N. Kelber 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.
Lillian M. Cuoco, Esq.
Office of the General Counsel Senior Nuclear Counsel Mail Stop 15 B18 Northeast Utilities Service Company U.S. Nuclear Regulatory Commission P.O. Box 270 Washington, DC 20555 Hartford, CT 06141 David A. Repka, Esq.
Winston & Strawn Nancy Burton, Esq.
1400 L Street, N.W.
147 Cross Highway Washington, DC 20005 Redding Ridge, CT 06876
Docket No.(s)50-423-LA-2 LB MEMO & ORDER RE DIRECTIVES Dated at Rockville, Md. this 17 day of June 1998 Office of the Secretary of ths Commission
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