ML14206A956

Order (Memorializing Discussion at July 24, 2014 Pre-Hearing Conference in Preparation for August 12, 2014 Evidentiary Hearing)

ML14206A956
Person / Time
Site:	Aerotest
Issue date:	07/25/2014
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 26255
Download: ML14206A956 (5)

Text

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

E. Roy Hawkens Presiding Officer In the Matter of Docket No. 50-228-LT AEROTEST OPERATIONS, INC. ASLBP No. 14-931-01-LT-BD01 (Aerotest Radiography and Research Reactor) July 25, 2014 Order (Memorializing Discussion at July 24, 2014 Pre-Hearing Conference in Preparation for August 12, 2014 Evidentiary Hearing)

On July 24, 2014, this Board held a pre-hearing conference via telephone with the parties to this proceeding, Aerotest Operations, Inc. and Nuclear Labyrinth, LLC, [hereinafter the Companies] and the NRC Staff, to finalize scheduling and procedural matters for the evidentiary hearing that will be held on August 12, 2014. This Order memorializes the material items discussed and procedures established during that conference.

I. Oral Hearing The evidentiary hearing will commence at 10:00 AM Eastern Time on Tuesday, August 12, 2014 in the Atomic Safety and Licensing Board Panels Rockville Hearing Room and, if practicable, will continue that day until complete. The parties witnesses will remain available throughout the hearing.

II. Order of Presentation The order of presentation at the evidentiary hearing will proceed as follows:

1. Opening statement by the Companies (limited to ten minutes)

2. Opening statement by the NRC Staff (limited to ten minutes)

3. Examination of the Companies witnesses

4. Examination of the NRC Staffs witnesses

5. Opportunity for counsel to provide additional suggested questions

6. Closing statement by the NRC Staff (limited to ten minutes)

7. Closing statement by the Companies (limited to ten minutes)

III. Exhibits The Presiding Officer intends to admit all exhibits at the outset of the hearing by reference to the parties exhibit lists, which the court reporter will bind into the transcript.

The parties indicated they do not intend to challenge any exhibits. They also indicated they do not intend to revise any exhibits or supplement their exhibit lists.

During the evidentiary hearing, the exhibits will be electronically available for display on the Hearing Room monitors as needed.

IV. Motions Counsel for the Companies and the NRC Staff stated they do not plan to file any motions prior to the hearing.

V. Witnesses The parties had no objection to having NRC Staff witnesses, Ms. Lian and Ms.

Simmons, examined as a panel, and all other witnesses examined individually. Both parties indicated there is no need to exclude witnesses.

VI. Closed Hearing and Authorized Attendees The parties agreed that proprietary information would likely be discussed throughout the hearing and, accordingly, the hearing should be closed to the public.

Each counsel shall provide a list of authorized attendees by email to the Licensing Boards law clerk, Kathleen Schroeder, by August 5, 2014. Counsel for the parties indicated they did not object to members of the Atomic and Safety Licensing Board Panel being included on the list of authorized attendees.

VII. Other Matters The Licensing Board will endeavor to arrange for parking for the Companies counsel on the day of the evidentiary hearing. Ms. Schroeder will inform counsel by email of the arrangements.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

E. Roy Hawkens PRESIDING OFFICER Rockville, Maryland July 25, 2014

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

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AEROTEST OPERATIONS, INC. ) Docket No. 50-228-LT

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(Aerotest Radiography Research Reactor) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Memorializing Discussion at July 24, 2014 Pre-Hearing Conference in Preparation for August 12, 2014 Evidentiary Hearing) 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 Atomic Safety and Licensing Board Panel Pillsbury Winthrop Shaw Pittman LLP U.S. Nuclear Regulatory Commission 2300 N Street NW Mail Stop T-3F23 Washington, DC 20037-1122 Washington, DC 20555-0001 Kimberly Harshaw, Esq.

Jay Silberg, Esq.

E. Roy Hawkens Maria Webb E-mail: Roy.Hawkens@nrc.gov E-mail: Kimberly.Harshaw@pillsburylaw.com Jay.Silberg@pillsburylaw.com Kathleen Schroeder, Law Clerk Maria.Webb@pillsburylaw.com E-mail: Kathleen.Schroeder@nrc.gov

Aerotest Operations, Inc., Docket No. 50-228-LT ORDER (Memorializing Discussion at July 24, 2014 Pre-Hearing Conference in Preparation for August 12, 2014 Evidentiary Hearing)

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Anita Ghosh, Esq.

Christina England, Esq.

Catherine Kanatas, Esq.

Susan Uttal, Esq.

Edward Williamson, Esq.

Jeremy Wachutka, Esq.

Sabrina Allen, Paralegal John Tibbetts, Paralegal E-mail:

Anita.Ghosh@nrc.gov; Christina.England@nrc.gov; Catherine.Kanatas@nrc.gov; Susan.Uttal@nrc.gov; Edward.Williamson@nrc.gov; Jeremy.Wachutka@nrc.gov John.Tibbetts@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

[Original signed by Brian Newell ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of July, 2014 2