ML14115A165

Order Memorializing Discussion at April 24, 2014, Pre-Hearing Conference

ML14115A165
Person / Time
Site:	Aerotest
Issue date:	04/25/2014
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 25855
Download: ML14115A165 (4)

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) April 25, 2014 Order (Memorializing Discussion at April 24, 2014 Pre-Hearing Conference)

On April 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. This Order memorializes material items discussed and directions given during that conference.

I. Oral Hearing Consistent with the preference expressed by the Companies and the NRC Staff, an oral hearing will be conducted in this 10 C.F.R. Part 2, Subpart M proceeding.

II. Location of the Hearing Consistent with the preference expressed by the Companies and the NRC Staff, the hearing will be held at the ASLBP Hearing Room in Rockville, Maryland.

III. Length of the Hearing The parties estimated that two days should be adequate time to complete the hearing.

IV. Scheduling Matters Acknowledging that it might be possible to commence the hearing during week of July 7, 2014, the parties agreed to discuss the matter further among themselves, and to submit a joint

proposed schedule by Monday, May 5. This document should include suggested scheduling for all necessary procedural events, including those discussed in 10 C.F.R. Part 2, Subpart M and in the Subpart M Model Milestones, 10 C.F.R. Part 2, App. B.1 V. Other Matters Without objection from the Companies, the NRC Staff stated that, no later than May 9, 2014, it will submit a response to the Companies Statement of Areas of Controversy Regarding Denial of Indirect License Transfer. The Staff represented that the response would not exceed 7 pages.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

E. Roy Hawkens PRESIDING OFFICER Rockville, Maryland April 25, 2014 1

These events include mandatory disclosures; issuance of the scheduling order; submission of initial written statements of position; submission of direct written testimony with supporting affidavits; submission of responses; submission of rebuttal written testimony with supporting affidavits; submission of proposed questions for witnesses sponsoring direct and rebuttal testimony; submission of exhibits and exhibit lists; commencement of the hearing; submission of proposed transcript corrections; and submission of proposed findings of fact and conclusions of law.

The parties stated that they would discuss modifying the mandatory disclosure requirements in this proceeding. To the extent they reach an agreement, the parties should include the parameters of the agreed-upon disclosure requirements in their joint proposal.

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 April 24, 2014 Pre-Hearing Conference) 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 April 24, 2014 Pre-Hearing Conference)

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

Anita Ghosh, Esq.

Catherine Kanatas, Esq.

Richard Harper, Esq.

Mauri Lemoncelli, Esq.

Susan Uttal, Esq.

Catherine Scott, Esq.

Edward Williamson, Esq.

Jeremy Wachutka, Esq.

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

Christina.England@nrc.gov; Anita.Ghosh@nrc.gov; Catherine.Kanatas@nrc.gov; Richard.Harper@nrc.gov; Mauri.Lemoncelli@nrc.gov; Susan.Uttal@nrc.gov; Catherine.Scott@nrc.gov; Edward.Williamson@nrc.gov; Jeremy.Wachutka@nrc.gov Sabrina.Allen@nrc.gov; John.Tibbetts@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

[Original signed by Herald M. Speiser ]

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