ML21279A093
| ML21279A093 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 10/06/2021 |
| From: | Lighty R, Sherwin Turk Morgan, Morgan, Lewis & Bockius, LLP, NRC/OGC, Virginia Electric & Power Co (VEPCO) |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-338-SLR, 50-339-SLR, ASLBP 21-970-01-SLR-01, RAS 56260 | |
| Download: ML21279A093 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of: )
) Docket Nos. 50-338-SLR and VIRGINIA ELECTRIC AND POWER COMPANY ) 50-339-SLR and OLD DOMINION ELECTRIC COOPERATIVE )
) October 6, 2021 (North Anna Power Station, Units 1 and 2) )
)
APPLICANT AND NRC STAFF UNOPPOSED REQUEST FOR CLARIFICATION REGARDING THE TIME TO ANSWER THE SEPTEMBER 29, 2021 MOTION TO AMEND CONTENTION OUT OF TIME AND MOTION TO RE-OPEN THE RECORD BY BEYOND NUCLEAR, SIERRA CLUB, AND ALLIANCE FOR PROGRESSIVE VIRGINIA On September 29, 2021, Beyond Nuclear, Sierra Club, and Alliance for Progressive Virginia (Movants) filed, on the above-captioned adjudicatory docket, a pleading titled Motion to Amend Contention Out of Time and Motion to Re-open the Record (Motion).1 The Movants specified that the Motion was filed [p]ursuant to 10 C.F.R. §§ 2.309(c) and 2.326.2 The NRCs Rules of Practice and Procedure in 10 C.F.R. Part 2 do not specify a deadline for filing answers to a single pleading filed under both of these regulatory provisions.
Accordingly, Virginia Electric and Power Company, on behalf of itself and Old Dominion Electric Cooperative (collectively, Applicants) and the U.S. Nuclear Regulatory Commission (NRC) Staff request clarification of the applicable answer deadline. The NRC Staff has informed Counsel for the Applicants that it does not oppose the filing of this request and that it 1
Motion to Amend Contention Out of Time and Motion to Re-open the Record by Beyond Nuclear, Sierra Club, and Alliance for Progressive Virginia (Sept. 29, 2021) (ML21272A386).
2 Id. at 1 (emphasis added).
shares the Applicants view that the 25-day response period specified in 10 CFR § 2.309(i)(1) establishes the appropriate response time here.
According to the NRCs regulations, the Applicant and the NRC Staff may file answers to 10 C.F.R. § 2.309(c) motions for leave to file amended contentions out of time within 25 days after service.3 In contrast, 10 C.F.R. § 2.326 does not specify a time for filing answers to motions to reopen a closed record. While 10 C.F.R. § 2.323(c) provides for a 10-day answer period for general motions, §§ 2.309(c)(2)(ii) and 2.323(a) specifically state that Section 2.323 does not apply to motions to file new or amended contentions filed after the deadline specified in 10 C.F.R. § 2.323(b). The NRCs Rules of Practice and Procedure do not specify a time to answer a single pleading filed under both 10 C.F.R. §§ 2.309(c) and 2.326.
Accordingly, the Applicants and the NRC Staff hereby request that the Commission clarify that, in accordance with the NRCs Rules of Practice and Procedure, answers to the Motionwhich was filed pursuant to 10 C.F.R. §§ 2.309(c) and 2.326may be filed on or before October 25, 2021 (i.e., 25 days after service of the Motion). Given the common factual nexus among the relief requests in the Motion, this view is consistent with the goal of adjudicatory efficiency. Moreover, this approach is consistent with other recent proceedings.4 In accordance with 10 C.F.R. § 2.323(b) Counsel for the Applicants certifies that he has made a sincere effort to contact Counsel for the Petitioners to resolve the issues raised in this request, and that Counsel for the Petitioners stated that she does not oppose this request.
3 10 C.F.R. § 2.309(i)(1).
4 See, e.g., Interim Storage Partners, LLC (WCS Consolidated Interim Storage Facility), LBP-21-2, 93 NRC __
(Jan. 29, 2021) (slip op.) (ruling on motions to reopen and for leave to file a new contention out of time filed July 6, 2020, for which the corresponding answers to both motions were filed 25 days later on July 31, 2020),
affd, CLI-21-9, 93 NRC __ (June 22, 2021) (slip op.); Holtec Intl (HI-STORE Consolidated Interim Storage Facility), LBP-20-10, 92 NRC __ (Sept. 3, 2020) (slip op.) (ruling on motions to reopen and for leave to file a new contention out of time filed May 11, 2020, for which the corresponding answers to both motions were filed 24-25 days later on June 4-5, 2020), affd, CLI-21-7, 93 NRC __ (Apr. 28, 2021) (slip op.).
Respectfully submitted, Executed in accord with 10 C.F.R. § 2.304(d) Signed (electronically) by Ryan K. Lighty Sherwin E. Turk, Esq. Ryan K. Lighty, Esq.
U.S. NUCLEAR REGULATORY COMMISSION MORGAN, LEWIS & BOCKIUS LLP Mail Stop: O-14-A44 1111 Pennsylvania Avenue, N.W.
Washington, DC 20555-0001 Washington, D.C. 20004
+1.301.287.9194 +1.202.739.5274 Sherwin.Turk@nrc.gov Ryan.Lighty@morganlewis.com Counsel for the U.S. Nuclear Regulatory Counsel for Virginia Electric and Power Commission Staff Company Executed in Washington, D.C.
this 6th day of October, 2021
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of: )
) Docket Nos. 50-338-SLR and VIRGINIA ELECTRIC AND POWER COMPANY ) 50-339-SLR and OLD DOMINION ELECTRIC COOPERATIVE )
) October 6, 2021 (North Anna Power Station, Units 1 and 2) )
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing APPLICANT AND NRC STAFF REQUEST FOR CLARIFICATION REGARDING THE TIME TO ANSWER THE SEPTEMBER 29, 2021 MOTION TO AMEND CONTENTION OUT OF TIME AND MOTION TO RE-OPEN THE RECORD BY BEYOND NUCLEAR, SIERRA CLUB, AND ALLIANCE FOR PROGRESSIVE VIRGINIA was served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned docket.
Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
+1.202.739.5274 Ryan.Lighty@morganlewis.com Counsel for Virginia Electric and Power Company DB1/ 124760395.1