ML110900292

Order (Pursuant to 10 C.F.R. 2.309(i)) Providing Notice That It Anticipates Issuing Decision on Petition on or Before April 29, 2011

ML110900292
Person / Time
Site:	Davis Besse
Issue date:	03/31/2011
From:	Froehlich W J Atomic Safety and Licensing Board Panel
To:	Beyond Nuclear, Citizens Environmental Alliance of Southwestern Ontario, Don't Waste Michigan, FirstEnergy Nuclear Operating Co, Green Party of Ohio, NRC/OGC
SECY RAS
References
50-346-LR, ASLBP 11-907-01-LR-BD01, RAS 19851
Download: ML110900292 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of:

FirstEnergy NUCLEAR OPERATING COMPANY (Davis-Besse Nuclear Power Station, Unit 1)

Docket No. 50-346-LR ASLBP No. 11-907-01-LR-BD01

March 31, 2011 NOTICE (Pursuant to 10 C.F.R. § 2.309(i)) Before this Atomic Safety and Licensing Board (Board) is a petition to intervene and a request for a hearing (Petition)

, dated December 27, 2010, filed jointly by four organizations.

1 These four organizations (Joint Petitioners) challenge an application filed on August 27, 2010 2 by FirstEnergy Nuclear Operating Company (FirstEnergy) pursuant to Part 54 of Title 10 of the Code of Federal Regulations.

3 FirstEnergy seeks to renew its operating license for the Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse) for an additional twenty years from the current expiration date of April 22, 2017 to April 22, 2037. The Davis-Besse facility is located in Ottawa County, Ohio, approximately twenty miles east of Toledo, Ohio.

4 1 Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio Request for Public Hearing and Petition for Leave To Intervene (Dec.

27, 2010).

2 Notice of Acceptance for Docketing of the Application, Notice of Opportunity for Hearing for Facility Operating License No. NPF-003 for an Additional 20-Year Period; FirstEnergy Nuclear Operating Company, Davis-Besse Nuclear Power Station, 75 Fed. Reg. 65,528, 65,528-29 (Oct.

25, 2010).

3 License Renewal Application Davis-Besse Nuclear Power Station 1.0-1 (Aug. 2010). The application also seeks renewal of the source material, special nuclear material, and by-product material licenses under 10 C.F.R. Parts 30, 40, and 70. Id.

4 Id. at 1.2-1. The Joint Petitioners filed their reply on January 28, 2011, 5 and filed an errata to the reply on February 10.

6 Meanwhile, FirstEnergy moved to strike portions of the reply on February 7, 7 and Joint Petitioners opposed the motion to strike on February 17.

8 On February 18 this Board granted the motion to strike and ordered Joint Petitioners to file a revised reply, 9 which they did on February 24.

10 Oral argument was held in Port Clinton, Ohio on March 1.

11 The Board hereby provides notice pursuant to 10 C.F.R. § 2.309(i) 12 that it anticipates issuing a decision on the Petition on or before April 29, 2011. This extension of the date for the Board's ruling is necessary because of the number and complexity of the issues to be decided.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 13 /RA/ _______________________ William J. Froehlich, Chairman ADMINISTRATIVE JUDGE

Rockville, Maryland

March 31, 2011

5 Joint Intervenors' Combined Reply in Support of Petition for Leave To Intervene (Jan. 28, 2011).

6 Errata (Feb. 10, 2011).

7 FirstEnergy's Motion To Strike Portions of Petitioners' Combined Reply (Feb. 7, 2011).

8 Joint Intervenors' Combined Reply in Opposition to FENOC's 'Motion To Strike" (Feb. 17, 2011).

9 Licensing Board Memorandum and Order (Granting Motion To Strike and Requiring Re-filing of Reply) (Feb. 18, 2011) (unpublished).

10 Joint Intervenors' Combined Reply in Support of Petition for Leave To Intervene (2nd, Final Corrected Version) (Feb. 24, 2011).

11 Tr. 1. 12 10 C.F.R. § 2.309(i) provides that a board "issue a decision on each request for hearing/petition to intervene" within "45 days after the filing of answers and replies." Accordingly, the Board's decision granting or denying the petition to intervene and a request for a hearing would have been due on March 14, 2011.

13 A copy of this Notice was sent this date by the NRC's E-Filing System to: (1) the pro se representative for Beyond Nuclear; (2) Counsel for Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio; (3) Counsel for FirstEnergy; and (4) Counsel for the NRC Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )

FIRST ENERGY NUCLEAR OPERATING )

COMPANY )

) (Davis-Besse Nuclear Power Station, Unit 1) ) Docket No. 50-346-LR ) CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing NOTICE (Pursuant to 10 C.F.R. § 2.309(i)) have been served upon the following persons by Electronic Information Exchange. Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov

U.S. Nuclear Regulatory Commission.

Atomic Safety and Licensing Board Panel

Mail Stop T-3F23 Washington, DC 20555-0001

William J. Froehlich, Chair

Administrative Judge

E-mail: William.froehlich@nrc.gov Nicholas G. Trikouros

Administrative Judge

E-mail: nicholas.trikouros@nrc.gov

William E. Kastenberg Administrative Judge E-mail: wek1@nrc.gov

Hillary Cain

Law Clerk E-mail: hillary.cain@nrc.gov

Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission

Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov

Office of the General Counsel U.S. Nuclear Regulatory Commission

Mail Stop O-15D21 Washington, DC 20555-0001 Edward L. Williamson, Esq.

E-mail: edward.williamson@nrc.gov Brian Harris, Esq.

E-mail: brian.harris@nrc.gov Emily Monteith, Esq E-mail: emily.monteith@nrc.gov Brian P. Newell, Paralegal

E-mail: brian.newell@nrc.gov

OGC Mail Center :

OGCMailCenter@nrc.gov FirstEnergy Service Company.

Mailstop: A-GO-15

76 South Main Street Akron, OH 44308 David W. Jenkins, Esq.

E-mail : djenkins@firstenergycorp.com

Docket No. 50-346-LR NOTICE (Pursuant to 10 C.F.R. § 2.309(i))

2 Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.

E-mail: sburdick@morganlewis.com Alex Polonsky, Esq.

E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.

E-mail: ksutton@morganlewis.com Martin O'Neill, Esq.

E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.

E-mail: tmatthews@morganlewis.com Mary Freeze, Legal Secretary

E-mail: mfreeze@morganlewis.com Citizens Environmental Alliance (CEA)

of Southwestern Ontario

1950 Ottawa Street

Windsor, Ontario Canada N8Y 197

Green Party of Ohio 2626 Robinwood Avenue

Toledo, Ohio 43610

Don't Waste Michigan 811 Harrison Street Monroe, Michigan 48161

Michael Keegan

E-mail: mkeeganj@comcast.net Terry J. Lodge, Counsel for CEA, Don't Waste Michigan, and Green Party of Ohio

316 N. Michigan Street, Suite 520

Toledo, OH 43604-5627

E-mail: tjlodge50@yahoo.com Beyond Nuclear 6930 Carroll Avenue Suite 400

Takoma Park, Md. 20912 Kevin Kamps

E-mail : kevin@beyondnuclear.org Paul Gunter E-mail : paul@beyondnuclear.org

[Original signed by Christine M. Pierpoint ] Office of the Secretary of the Commission

Dated at Rockville, Maryland this 31 st day of March 2011