ML13053A202

Order Setting Oral Argument

ML13053A202
Person / Time
Site:	San Onofre
Issue date:	02/22/2013
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 24145, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01
Download: ML13053A202 (5)

Text

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

E. Roy Hawkens, Chairman Dr. Anthony J. Baratta Dr. Gary S. Arnold In the Matter of Docket Nos. 50-361-CAL, 50-362-CAL SOUTHERN CALIFORNIA EDISON CO.

ASLBP No. 13-924-01-CAL-BD01 (San Onofre Nuclear Generating Station, Units 2 and 3)

February 22, 2013 ORDER (Setting Oral Argument)

On November 8, 2012, the Commission in CLI-12-20 referred to the Atomic Safety and Licensing Board Panel (ASLBP) a portion of the June 18, 2012 intervention petition filed by Friends of the Earth (Petitioner) challenging a Confirmatory Action Letter (CAL) issued by the NRC to Southern California Edison Company (SCE) on March 27, 2012.1 Pursuant to this Boards briefing schedule,2 (1) Petitioner filed its opening brief on January 11, 2013;3 (2) SCE and the NRC Staff each filed answering briefs on January 30, 1

See Southern Cal. Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3),

CLI-12-20, 76 NRC __, __ slip op. at 5 (Nov. 8, 2012). The Commission referred the following two issues to the ASLBP: (1) whether the CAL issued to SCE constitutes a de facto license amendment that is subject to a hearing opportunity; and (2) whether Petitioners hearing request meets the agencys standing and contention admissibility requirements. See id.

2 See Licensing Board Order (Granting in Part and Denying in Part Petitioners Motion for Clarification and Extension) (Dec. 20, 2012) (unpublished).

3 See Opening Brief of Petitioner Friends of the Earth (Jan. 11, 2012).

2 2013;4 and (3) Petitioner filed its reply brief on February 13, 2013.5 This Board will hear oral argument in this case on Friday, March 22, 2013 in the ASLBPs Rockville Hearing Room, located on the third floor of Two White Flint North, 11555 Rockville Pike, Rockville, Maryland. For the benefit of the public, this adjudicative proceeding will be simultaneously webcast on the NRCs website. The link to the live webcast will be available on the NRCs website and provided in a subsequent order. This webcast will also be archived for ninety (90) days after the proceeding for public viewing.

The Board will hear argument from: (1) counsel for Petitioner; (2) counsel for SCE; and (3) counsel for the NRC Staff.6 Unless changed by subsequent order, the argument will commence at 10:00 AM Eastern Standard Time (EST).

In a subsequent order, we will provide information on how the argument will be structured, how much time will be allotted to each participant, and any topical areas and specific questions upon which the Board will want the participants to focus.

Members of the public and representatives of the media are welcome to attend and observe this adjudicative proceeding. However, signs, banners, posters, and displays are 4

See [SCEs] Brief on Issues Referred by the Commission (Jan. 30, 2013); NRC Staffs Answering Briefing in the San Onofre Nuclear Generating Station CAL Proceeding (Jan. 30, 2013).

5 See Reply Brief of Petitioner Friends of the Earth (Feb. 13, 2013). We also received (1) an amicus brief from the Natural Resources Defense Council (NRDC) in support of Petitioner, see

[NRDCs] Amicus Response in Support of Friends of the Earth (Jan. 18, 2013), and (2) an amicus brief from the Nuclear Energy Institute (NEI) in support of SCE and the NRC Staff. See Amicus Curiae Brief of the [NEI] in Response to the NRC [ASLBPs] Briefing Schedule (Jan. 30, 2013).

6 Only the authorized representatives of Petitioner, SCE, and the NRC Staff who have entered an appearance pursuant to 10 C.F.R. § 2.314 will be permitted to participate. No technical expert or member of the public will be permitted to speak for, or on behalf of, any participant.

3 prohibited in accordance with NRC policy. See Procedures for Providing Security Support for NRC Public Meetings/Hearings. 66 Fed. Reg. 31,719 (June 12, 2001).

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Issued at Rockville, Maryland this 22nd day of February 2013.

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

)

SOUTHERN CALIFORNIA EDISON CO. )

)

) Docket Nos. 50-361-CAL (San Onofre Nuclear Generating Station - ) 50-362-CAL Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Setting Oral Argument) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk*.

Office of Commission Appellate Southern California Edison Company Adjudication Douglas Porter, Esq.*

U.S. Nuclear Regulatory Commission Director and Managing Attorney Washington, DC 20555-0001 Generation Policy and Resources E-mail: ocaamail@nrc.gov Law Department 2244 Walnut Grove Ave., GO1, Q3B, 335C Atomic Safety and Licensing Board Panel Rosemead, CA 91770 U.S. Nuclear Regulatory Commission Email: douglas.porter@sce.com Mail Stop - T-3 F23 Washington, DC 20555-0001 Counsel for Licensee Morgan, Lewis & Bockius, LLP E. Roy Hawkens 1111 Pennsylvania, Ave. N.W.

Chief Administrative Judge Washington, D.C. 20004 E-mail: roy.hawkens@nrc.gov Paul M. Bessette, Esq.

Kathryn M. Sutton, Esq.

Anthony J. Baratta Stephen J. Burdick, Esq.

Administrative Judge Steven P. Frantz, Esq.

Email: anthony.baratta@nrc.gov William E. Baer, Jr.*

Mary Freeze, Legal Secretary Gary S. Arnold Lena M. Long, Legal Secretary Administrative Judge E-mail: pbessette@morganlewis.com Email: gary.arnold@nrc.gov sburdick@morganlewis.com ksutton@morganlewis.com U.S. Nuclear Regulatory Commission wbaer@morganlewis.com Office of the Secretary of the Commission sfrantz@morganlewis.com Mail Stop O-16C1 mfreeze@morganlewis.com Washington, DC 20555-0001 llong@morganlewis.com Hearing Docket E-mail: hearingdocket@nrc.gov

San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-361 and 50-362-CAL ORDER (Setting Oral Argument)

U.S. Nuclear Regulatory Commission Friends of the Earth Office of the General Counsel Ayres Law Group Mail Stop - O-15 D21 1707 L St., NW Washington, DC 20555-0001 Suite 850 Edward Williamson, Esq. Washington, D.C. 20036 David Roth, Esq. Richard E. Ayres, Esq.

Catherine Kanatas, Esq. Jessica L. Olson, Esq.

David Cylkowski, Esq. Kristin L. Hines, Esq.

Email: edward.williamson@nrc.gov Email: ayresr@ayreslawgroup.com david.roth@nrc.gov olsonj@ayreslawgroup.com catherine.kanatas@nrc.gov hinesk@ayreslawgroup.com david.cylkowski@nrc.gov Natural Resources Defense Council OGG Mail Center: ogcmailcenter@nrc.gov Geoffrey H. Fettus, Esq.

1152 15th Street, NW Suite 300 Washington, DC 20005 Email: gfettus@nrdc.org

[Original signed by Brian Newell ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 22nd day of February, 2013 2