ML081420442

2008/05/21-LB Order (Directing Parties to Submit Explanatory Pleadings and Affidavits)

ML081420442
Person / Time
Site:	Oyster Creek
Issue date:	05/21/2008
From:	Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel
To:
SECYRAS
References
06-844-01-LR, 50-0219-LR, FOIA/PA-2008-0306, RAS H-26
Download: ML081420442 (4)

Text

UNITED STATES OF AMERICA DOCKETED 05/21/08 NUCLEAR REGULATORY COMMISSION SERVED 05/21/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of AMERGEN ENERGY COMPANY, LLC (Oyster Creek Nuclear Generating Station)

Docket No. 50-0219-LR

ASLBP No. 06-844-01-LR

May 21, 2008 ORDER (Directing Parties to Submit Explanatory Pleadings and Affidavits)

By order dated May 9, 2008, the Commission referred the following pleadings to this Licensing Board for appropriate action: (1) Motion by Nuclear Information and Resource

Service; Jersey Shore Nuclear Watch, Inc.; Grandmothers, Mothers and More for Energy

Safety; New Jersey Public Interest Research Group; New Jersey Sierra Club; and New Jersey

Environmental Federation ("Citizens") to Reopen the Record and for Leave to File a New

Contention, and Petition to Add a New Contention (Apr. 18, 2008); (2) AmerGen's Answer

Opposing Citizens' Motion to Reopen Record and Petition to Add a New Contention (Apr. 28, 2008); (3) NRC Staff's Response in Opposition to Citizens' Motion to Reopen the Record and

for Leave to File and Add a New Contention (Apr. 28, 2008); and (4) Citizens' Reply to

AmerGen's Opposition to Their Petition to Add a New Contention (May 5, 2008), and Citizens'

Motion for Leave to File a Reply, and Citizens' R eply, to the NRC Staff's Opposition to Citizens' Motion to Reopen (May 6, 2008).

On May 5, 2008, counsel for AmerGen sent a letter to the NRC Chairman enclosing AmerGen's Response to NRC Request for Additional Information on Metal Fatigue Analysis

Related to Oyster Creek Nuclear Generating Station License Renewal Application. See Letter 1 Copies of this Order were sent this date by Internet e-mail to counsel for: (1)

Citizens; (2) AmerGen; (3) New Jersey; and (4) the NRC Staff.from Alex S. Polonsky, Counsel for AmerGen Energy Company, LLC to the Honorable Dale E.

Klein, Chairman, U.S. Nuclear Regulatory Commission (May 5, 2008). Mr. Polonsky also

served the letter and its enclosed Response on this Licensing Board and on the parties to this

proceeding. He neglected, however, to explain the relevance of the enclosed Response, if any, to this proceeding.

The parties are hereby directed to submit an affidavit authored by an appropriate expert that discusses with particularity the significance of the AmerGen Response attached to Mr.

Polonsky's May 5 letter, accompanied by a pleading that explains the impact (if any) of that

Response on the proper disposition of Citizens' motion to reopen the record and add a new

contention. The pleading submitted by each party shall not exceed ten pages in length. The parties shall file their pleadings and affidavits no later than 5:00 p.m. on Tuesday, May 27, 2008.It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 1________________________

E. Roy Hawkens, Chairman

ADMINISTRATIVE JUDGE Rockville, Maryland

May 21, 2008

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONIn the Matter of )

)AMERGEN ENERGY COMPANY, LLC )Docket No. 50-219-LR

)

)(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the for egoing LB ORDER (DIRECTING PARTIES TO SUBMITEXPLANATORY PLEADINGS AND AFFIDAVITS) have been served upon the following

persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge E. Roy Hawkens, Chair

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Paul B. Abramson

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Mary C. Baty, Esq.

James E. Adler, Esq.

Brian Newell, Paralegal

Office of the General Counsel

Mail Stop - O-15 D21

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Richard Webster, Esq.

Julia LeMense, Esq.

Eastern Environmental Law Center

744 Broad Street, Suite 1525

Newark, NJ 07102 Paul Gunter, Reactor Oversight Kevin Kamps

Beyond Nuclear

Nuclear Policy Research Institute

6930 Carroll Avenue, Suite 400

Takoma Park, MD 20912 Donald J. Silverman, Esq.

Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq.

Raphael P. Kuyler, Esq.

Morgan, Lewis & Bockius LLP

1111 Pennsyvlania Ave., NW

Washington, DC 20004 2 Docket No. 50-219-LRLB ORDER- (DIRECTING PARTIES TO SUBMIT EXPLANATORY

PLEADING AND AFFIDAVITS)

Bradley M. Campbell, Commissioner New Jersey Department of

Environmental Protection

P.O. Box 402

Trenton, NJ 08625-0402 Jill Lipoti, Director New Jersey Department of

Environmental Protection

Division of Environmental Safety and Health

P.O. Box 424

Trenton, NJ 08625-0424 Ron Zak New Jersey Department of

Environmental Protection

Nuclear Engineering

P.O. Box 415

Trenton, NJ 08625-0415 J. Bradley Fewell, Esq.

Exelon Corporation

4300 Warrenville Road

Warrenville, IL 60555 Suzanne Leta NJPIRG 11 N. Willow St.

Trenton, NJ 08608 John A. Covino, Esq.

Ellen Barney Balint, Esq.

Valerie Anne Gray, Esq.

Caroline Stahl, Esq.

Deputy Attorneys General

New Jersey Office of the Attorney General

Environmental Permitting &

Counseling Section

Division of Law

Hughes Justice Complex

P.O. Box 093

Trenton, NJ 08625

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 21 st day of May 2008