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| number = ML093080529
| number = ML093080529
| issue date = 11/04/2009
| issue date = 11/04/2009
| title = 2009/11/04-LB Order (Conference Call Summary and Scheduling Order)
| title = LB Order (Conference Call Summary and Scheduling Order)
| author name = Froehlich W
| author name = Froehlich W
| author affiliation = NRC/ASLBP
| author affiliation = NRC/ASLBP
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=Text=
=Text=
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Northern States Power Co.  
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of                                     Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co.                            ASLBP No. 08-871-01-LR (Prairie Island Nuclear Generating Plant, Units      November 4, 2009 1 and 2)
ORDER (Conference Call Summary and Scheduling Order)
This proceeding concerns an application by Northern States Power Company (NSPM or Applicant) to renew its operating licenses for the Prairie Island Nuclear Generating Plant, Units 1 and 2, for an additional 20 years. On December 5, 2008, this Licensing Board granted a hearing request by the Prairie Island Indian Community (PIIC or Intervenor) and admitted seven of PIICs contentions challenging NSPMs application. 1 Since then, Applicant and PIIC have resolved six of those contentions, such that only one contention - Contention 5 - remains at issue in this proceeding. Pursuant to a notice issued on October 13, 2009, 2 the Licensing Board held a telephone conference on Thursday, October 29 to discuss various scheduling matters, including (1) the NRC Staffs projected dates for issuing the draft and final versions of its supplemental environmental impact statement (SEIS); (2) the possibility for settlement of Contention 5; and (3) the possibility that Intervenor will file any new or amended contentions.
1 Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), LBP 26, 68 NRC 905 (2008).
2 Licensing Board Notice (Scheduling Status Conference) (Oct. 13, 2009) (unpublished).


(Prairie Island Nuclear Generating Plant, Units
This order summarizes the results of those discussions and clarifies the deadlines for the filing of new or amended contentions.
 
: 1. Supplemental Environmental Impact Statement The Licensing Board asked the NRC Staff to provide an explanation for the delay in issuing its draft and final SEIS. Staff Counsel attributed the delay to two sources: (1) the involvement of the PIIC in the SEIS drafting process, pursuant to a June 17, 2008 Memorandum of Understanding, 3 and (2) an allocation of Staff resources to other matters. 4 Counsel assured the Board, however, that the draft SEIS will almost certainly be published within the next two weeks. 5 With respect to the final SEIS, Counsel indicated that the very earliest that we could possibly get the final SEIS out is May of next year. 6 Upon issuance of both the draft SEIS and the final SEIS, the NRC Staff shall promptly file a notice via EIE indicating the documents availability and providing instructions to the parties on how to access it.
1 and 2)
: 2. Safety Evaluation Report Counsel for Applicant confirmed that the final safety evaluation report (SER) was issued on October 16, 2009 - six days earlier than anticipated. 7 Counsel for PIIC, however, noted that because the final SER was not made readily available on the NRC website, the Intervenor was not able to track it down until the week of October 18, 2009. 8 3
Docket Nos. 50-282-LR and 50-306-LR ASLBP No. 08-871-01-LR
Counsel was certain not to attribute any blame for this delay to the Prairie Island Indian Community, which has been very cooperative and has worked with us in a very timely and effective and responsive manner. Tr. at 197.
 
4 Id.
November 4, 2009
5 Id.
 
6 Id. at 198.
ORDER (Conference Call Summary and Scheduling Order)
7 Id. at 202.
 
8 Id. at 203.
This proceeding concerns an application by Northern States Power Company (NSPM or Applicant) to renew its operating licenses for the Prairie Island Nuclear Generating Plant, Units 1 and 2, for an additional 20 years. On December 5, 2008, this Licensing Board granted a hearing request by the Prairie Island Indian Community (PIIC or Intervenor) and admitted seven of PIIC's contentions challenging NSPM's application.
: 3. Motions for Summary Disposition As indicated in our previous scheduling order, issued on February 18, 2009, any summary disposition motions on currently admitted contentions will be deemed timely if filed within 30 days after the latter of the issuance of the draft SEIS or issuance of the SER with Open Items. 9 According to the Milestones page on the NRC website, the SER with Open Items was issued on June 4, 2009, but the draft SEIS has yet to be issued. Thus, any motions for summary disposition will be due 30 days after the Staff issues its draft SEIS - expected within the next two weeks.
1  Since then, Applicant and PIIC have resolved six of those contentions, such that only one contention - Contention 5 - remains at issue in this proceeding. Pursuant to a notice issued on October 13, 2009, 2 the Licensing Board held a telephone conference on Thursday, October 29 to discuss various scheduling matters, including (1) the NRC Staff's projected dates for issuing the draft and final versioits supplemental environmental impact statement (SEIS); (2) the possibility for settlement Contention 5; and (3) the possibility that Intervenor will file any new or amended contentions.
: 4. New or Amended Contentions In our February 18 scheduling order, we directed that any motion for leave to file a new or amended contention, accompanied by the proposed contention itself, would be deemed timely under 10 C.F.R. § 2.309(f)(2)(iii) if filed within 30 days of the date when the document on which it was based first became available. 10 Because the PIIC did not obtain access to the final SER until the week of October 18, 2009, we have agreed to extend the deadline for filing new or amended contentions based on new information contained in the final SER. 11 Any such contentions will now be deemed timely if filed on or before Monday, November 23, 2009. 12 Similarly, any new or amended contentions based on the draft SEIS or the final SEIS will be deemed timely if filed within 30 days after the NRC Staff files the notices indicating their availability. 13 9
ns of of 1 Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), LBP-08-26, 68 NRC 905 (2008).
Licensing Board Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order) (Feb. 18, 2009) at 4 (unpublished).
2 Licensing Board Notice (Scheduling Status Conference) (Oct. 13, 2009) (unpublished).
10 Id.
 
11 Tr. at 207.
This order summarizes the results of those discussions and clarifies the deadlines for the filing of new or amended contentions. 1. Supplemental Environmental Impact Statement The Licensing Board asked the NRC Staff to provide an explanation for the delay in issuing its draft and final SEIS. Staff Counsel attributed the delay to two sources: (1) the involvement of the PIIC in the SEIS drafting process, pursuant to a June 17, 2008 Memorandum of Understanding, 3 and (2) an allocation of Staff resources to other matters.
4 Counsel assured the Board, however, that the draft SEIS will "almost certainly" be published within the next two weeks.5 With respect to the final SEIS, Counsel indicated that "the very earliest that we could possibly get the final SEIS out is May of next year."
6 Upon issuance of both the draft SEIS and the final SEIS, the NRC Staff shall promptly f ile a notice via EIE indicating the document's availability and providing instructions to the parties on how to access it.
: 2. Safety Evaluation Report Counsel for Applicant confirmed that the final safety evaluation report (SER) was issued on October 16, 2009 - six days earlier than anticipated.
7 Counsel for PIIC, however, noted that because the final SER was not made readily available on the NRC website, the Intervenor was not able to "track it down" until the week of October 18, 2009.
8 3 Counsel was certain not to attribute any blame for this delay to the Prairie Island Indian Community, which has "been very cooperative" and has "worked with us in a very timely and effective and responsive manner."  Tr. at 197.
4 Id. 5 Id. 6 Id. at 198. 7 Id. at 202. 8 Id. at 203.
: 3. Motions for Summary Disposition As indicated in our previous scheduling order, issued on February 18, 2009, any summary disposition motions on currently admitted contentions will be deemed timely if filed within 30 days after the latter of the issuance of the draft SEIS or issuance of the SER with Open Items.
9 According to the Milestones page on the NRC website, the SER with Open Items was issued on June 4, 2009, but the draft SEIS has yet to be issued. Thus, any motions for summary disposition will be due 30 days after the Staff issues its draft SEIS - expected within the next two weeks.
: 4. New or Amended Contentions In our February 18 scheduling order, we directed that any motion for leave to file a new or amended contention, accompanied by the proposed contention itself, would be deemed timely under 10 C.F.R. § 2.309(f)(2)(iii) if filed within 30 days of the date when the document on which it was based first became available.
10 Because the PIIC did not obtain access to the final SER until the week of October 18, 2009, we have agreed to extend the deadline for filing new or amended contentions based on new information contained in the final SER.
11 Any such contentions will now be deemed timely if filed on or before Monday, November 23, 2009.
12 Similarly, any new or amended contentions based on the draft SEIS or the final SEIS will be  
 
deemed timely if filed within 30 days after the NRC Staff files the notices indicating their availability.
13 9 Licensing Board Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order) (Feb. 18, 2009) at 4 (unpublished).
10 Id. 11 Tr. at 207.
12 November 23 falls 30 days after Friday, October 23 - the last day of the week on which Intervenor received the final SER.
12 November 23 falls 30 days after Friday, October 23 - the last day of the week on which Intervenor received the final SER.
13 See paragraph 1 supra.
13 See paragraph 1 supra.
te ntion 5. 5. Settlement The parties have indicated that settlement discussions with respect to Contention 5 will begin as soon as the draft SIES becomes available.
: 5. Settlement The parties have indicated that settlement discussions with respect to Contention 5 will begin as soon as the draft SIES becomes available. 14 The Board appreciates the parties efforts to settle the contentions admitted in this proceeding thus far and encourages them to pursue an amicable resolution to the issues raised by Contention 5.
14 The Board appreciates the parties' efforts to settle the contentions admitted in this proceeding thus far and encourages them to pursue an amicable resolution to the issues raised by Con It is so ORDERED.
It is so ORDERED.
FOR THE ATOMIC SAFETY       AND LICENSING BOARD 15                                                         William J. Froehlich, Chairman       ADMINISTRATIVE JUDGE  
FOR THE ATOMIC SAFETY AND LICENSING BOARD 15
 
                                                            /RA/
Rockville, Maryland November 4, 2009          
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 4, 2009 14 Tr. at 201, 204.
 
15 Copies of this order were sent this date by the agencys E-Filing system to counsel for all parties.
14 Tr. at 201, 204.
15 Copies of this order were sent this date by the agency's E-Filing system to counsel for all parties.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )  )
NORTHERN STATES POWER COMPANY )
)
  )  Docket Nos. 50-282-LR 
)    50-306-LR (Prairie Island Nuclear Generating Plant,  )  Units 1 and 2)  )  )
(License Renewal)  )


CERTIFICATE OF SERVICE
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of                                  )
 
                                                  )
I hereby certify that copies of the for egoing LB ORDER (CONFERE NCE CALL  
NORTHERN STATES POWER COMPANY                    )
                                                  )
                                                  )                  Docket Nos. 50-282-LR
                                                  )                                50-306-LR (Prairie Island Nuclear Generating Plant,      )
Units 1 and 2)                            )
                                                  )
(License Renewal)                              )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CONFERENCE CALL  


==SUMMARY==
==SUMMARY==
AND SCHEDULING ORDER) have been served upon the following persons by Electronic Information  
AND SCHEDULING ORDER) have been served upon the following persons by Electronic Information Exchange.
 
Office of Commission Appellate                   U.S. Nuclear Regulatory Commission Adjudication                                  Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission               Mail Stop O-16C1 Washington, DC 20555-0001                         Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov                         Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission.               U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel          Office of the General Counsel Mail Stop T-3F23                                  Mail Stop O-15D21 Washington, DC 20555-0001                        Washington, DC 20555-0001 Edward Williamson, Esq.
Exchange.
Administrative Judge William J. Froehlich,        Beth Mizuno, Esq.
Office of Commission Appellate
Chairman                                          David Roth, Esq.
 
E-mail: wjf1@nrc.gov                              Brian G. Harris, Esq.
Adjudication U.S. Nuclear Regulatory Commission Washington, DC  20555-0001 E-mail: ocaamail@nrc.gov
 
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission
 
Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. Atomic Safety and Licensing Board Panel
 
Mail Stop T-3F23 Washington, DC 20555-0001  
 
Administrative Judge William J. Froehlich, Chairman E-mail: wjf1@nrc.gov Administrative Judge Gary S. Arnold E-mail: gxa1@nrc.gov
 
Administrative Judge Thomas J. Hirons
 
E-mail:  thomas.hirons@nrc.gov
 
Matthew Rotman, Law Clerk
 
E-mail: mfr1@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel  
 
Mail Stop O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.  
 
Beth Mizuno, Esq.
David Roth, Esq.  
 
Brian G. Harris, Esq.
 
Maxwell Smith, Esq.
Maxwell Smith, Esq.
Brian Newell E-mail: elw2@nrc.gov bnm1@nrc.gov der@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov
Administrative Judge Gary S. Arnold              Brian Newell E-mail: gxa1@nrc.gov                              E-mail: elw2@nrc.gov bnm1@nrc.gov Administrative Judge Thomas J. Hirons            der@nrc.gov E-mail: thomas.hirons@nrc.gov                    brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov                              OGC Mail Center : OGCMailCenter@nrc.gov
 
OGC Mail Center :
OGCMailCenter@nrc.gov


2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (CONFERENCE CALL  
2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (CONFERENCE CALL  
Line 112: Line 70:
==SUMMARY==
==SUMMARY==
AND SCHEDULING ORDER)
AND SCHEDULING ORDER)
Xcel Energy Services, Inc.
Xcel Energy Services, Inc.               Prairie Island Indian Community 414 Nicollet Mall                       5636 Sturgeon Lake Road Minneapolis, Minnesota 55401             Welch, Minnesota 55089 Peter M. Glass, Counsel for Nuclear     Philip R. Mahowald, Esq.
414 Nicollet Mall  
Management Company, LLC               E-mail: pmahowald@piic.org Joyce A. Gasca E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
 
Minneapolis, Minnesota 55401 Peter M. Glass, Counsel for Nuclear Management   Company, LLC Joyce A. Gasca E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com Prairie Island Indian Community
 
5636 Sturgeon Lake Road Welch, Minnesota  55089
 
Philip R. Mahowald, Esq.
 
E-mail: pmahowald@piic.org Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP  
 
2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.  
 
Matias F. Travieso-Diaz, Esq.
Matias F. Travieso-Diaz, Esq.
Stefanie M. Nelson, Esq.  
Stefanie M. Nelson, Esq.
 
Alison M. Crane, Esq.
Alison M. Crane, Esq.
Jason B. Parker, Esq.
Jason B. Parker, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
 
[Original signed by Evangeline S. Ngbea]
[Original signed by Evangeline S. Ngbea]                                   Office of the Secretary of the Commission  
Office of the Secretary of the Commission Dated at Rockville, Maryland this 4th day of November 2009}}
 
Dated at Rockville, Maryland  
 
this 4 th day of November 2009}}

Latest revision as of 22:30, 6 December 2019

LB Order (Conference Call Summary and Scheduling Order)
ML093080529
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 11/04/2009
From: William Froehlich
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 16640
Download: ML093080529 (6)
v • d • e


Text

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

William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. ASLBP No. 08-871-01-LR (Prairie Island Nuclear Generating Plant, Units November 4, 2009 1 and 2)

ORDER (Conference Call Summary and Scheduling Order)

This proceeding concerns an application by Northern States Power Company (NSPM or Applicant) to renew its operating licenses for the Prairie Island Nuclear Generating Plant, Units 1 and 2, for an additional 20 years. On December 5, 2008, this Licensing Board granted a hearing request by the Prairie Island Indian Community (PIIC or Intervenor) and admitted seven of PIICs contentions challenging NSPMs application. 1 Since then, Applicant and PIIC have resolved six of those contentions, such that only one contention - Contention 5 - remains at issue in this proceeding. Pursuant to a notice issued on October 13, 2009, 2 the Licensing Board held a telephone conference on Thursday, October 29 to discuss various scheduling matters, including (1) the NRC Staffs projected dates for issuing the draft and final versions of its supplemental environmental impact statement (SEIS); (2) the possibility for settlement of Contention 5; and (3) the possibility that Intervenor will file any new or amended contentions.

1 Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), LBP 26, 68 NRC 905 (2008).

2 Licensing Board Notice (Scheduling Status Conference) (Oct. 13, 2009) (unpublished).

This order summarizes the results of those discussions and clarifies the deadlines for the filing of new or amended contentions.

1. Supplemental Environmental Impact Statement The Licensing Board asked the NRC Staff to provide an explanation for the delay in issuing its draft and final SEIS. Staff Counsel attributed the delay to two sources: (1) the involvement of the PIIC in the SEIS drafting process, pursuant to a June 17, 2008 Memorandum of Understanding, 3 and (2) an allocation of Staff resources to other matters. 4 Counsel assured the Board, however, that the draft SEIS will almost certainly be published within the next two weeks. 5 With respect to the final SEIS, Counsel indicated that the very earliest that we could possibly get the final SEIS out is May of next year. 6 Upon issuance of both the draft SEIS and the final SEIS, the NRC Staff shall promptly file a notice via EIE indicating the documents availability and providing instructions to the parties on how to access it.
2. Safety Evaluation Report Counsel for Applicant confirmed that the final safety evaluation report (SER) was issued on October 16, 2009 - six days earlier than anticipated. 7 Counsel for PIIC, however, noted that because the final SER was not made readily available on the NRC website, the Intervenor was not able to track it down until the week of October 18, 2009. 8 3

Counsel was certain not to attribute any blame for this delay to the Prairie Island Indian Community, which has been very cooperative and has worked with us in a very timely and effective and responsive manner. Tr. at 197.

4 Id.

5 Id.

6 Id. at 198.

7 Id. at 202.

8 Id. at 203.

3. Motions for Summary Disposition As indicated in our previous scheduling order, issued on February 18, 2009, any summary disposition motions on currently admitted contentions will be deemed timely if filed within 30 days after the latter of the issuance of the draft SEIS or issuance of the SER with Open Items. 9 According to the Milestones page on the NRC website, the SER with Open Items was issued on June 4, 2009, but the draft SEIS has yet to be issued. Thus, any motions for summary disposition will be due 30 days after the Staff issues its draft SEIS - expected within the next two weeks.
4. New or Amended Contentions In our February 18 scheduling order, we directed that any motion for leave to file a new or amended contention, accompanied by the proposed contention itself, would be deemed timely under 10 C.F.R. § 2.309(f)(2)(iii) if filed within 30 days of the date when the document on which it was based first became available. 10 Because the PIIC did not obtain access to the final SER until the week of October 18, 2009, we have agreed to extend the deadline for filing new or amended contentions based on new information contained in the final SER. 11 Any such contentions will now be deemed timely if filed on or before Monday, November 23, 2009. 12 Similarly, any new or amended contentions based on the draft SEIS or the final SEIS will be deemed timely if filed within 30 days after the NRC Staff files the notices indicating their availability. 13 9

Licensing Board Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order) (Feb. 18, 2009) at 4 (unpublished).

10 Id.

11 Tr. at 207.

12 November 23 falls 30 days after Friday, October 23 - the last day of the week on which Intervenor received the final SER.

13 See paragraph 1 supra.

5. Settlement The parties have indicated that settlement discussions with respect to Contention 5 will begin as soon as the draft SIES becomes available. 14 The Board appreciates the parties efforts to settle the contentions admitted in this proceeding thus far and encourages them to pursue an amicable resolution to the issues raised by Contention 5.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 15

/RA/

William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 4, 2009 14 Tr. at 201, 204.

15 Copies of this order were sent this date by the agencys E-Filing system to counsel for all parties.

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

)

NORTHERN STATES POWER COMPANY )

)

) Docket Nos. 50-282-LR

) 50-306-LR (Prairie Island Nuclear Generating Plant, )

Units 1 and 2) )

)

(License Renewal) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CONFERENCE CALL

SUMMARY

AND SCHEDULING ORDER) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward Williamson, Esq.

Administrative Judge William J. Froehlich, Beth Mizuno, Esq.

Chairman David Roth, Esq.

E-mail: wjf1@nrc.gov Brian G. Harris, Esq.

Maxwell Smith, Esq.

Administrative Judge Gary S. Arnold Brian Newell E-mail: gxa1@nrc.gov E-mail: elw2@nrc.gov bnm1@nrc.gov Administrative Judge Thomas J. Hirons der@nrc.gov E-mail: thomas.hirons@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (CONFERENCE CALL

SUMMARY

AND SCHEDULING ORDER)

Xcel Energy Services, Inc. Prairie Island Indian Community 414 Nicollet Mall 5636 Sturgeon Lake Road Minneapolis, Minnesota 55401 Welch, Minnesota 55089 Peter M. Glass, Counsel for Nuclear Philip R. Mahowald, Esq.

Management Company, LLC E-mail: pmahowald@piic.org Joyce A. Gasca E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Stefanie M. Nelson, Esq.

Alison M. Crane, Esq.

Jason B. Parker, Esq.

E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 4th day of November 2009

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