ML042390031

Letter from David R. Lewis Regarding Connecticut Coalition Against Millstones Notice of Appeal, Dated 08/09/04

ML042390031
Person / Time
Site:	Millstone
Issue date:	08/18/2004
From:	Doris Lewis Dominion Nuclear Connecticut, ShawPittman, LLP
To:	NRC/OCAA
Byrdsong A T
References
+adjud/rulemjr200506, 50-336-LR, 50-423-LR, ASLBP 04-824-01, RAS 8376
Download: ML042390031 (3)

Text

" RAS 376 ShawPittman

__P A Lmitrd Liability Prtneaship inehiding Pofessional Corporations DAVID R. Lrwis (202) 663-8474 david.lewis~shawpittman.com DOCKETED USNRC August 18, 2004 August 24, 2004 (4:04PM)

OFFICE OF SECRETARY RULEMAKINGS AND By Electronic Mail and U.S. Mail ADJUDICATIONS STAFF Office of Appellate Adjudication U.S. Nuclear Regulatory Commission Washingt on, D.C. 20555 In the Matter of Dominion Nuclear Connecticut, Inc.

(Millstone Nuclear Power Station, Units 2 and 3)

Docket Nos. 50-336-LR and 50-423-LR ASLBP No. 04-824-01

Dear Sir:

In response to Connecticut Coalition Against Millstone's (CCAM) Notice of Appeal, dated August 9, 2004, in the Millstone license renewal proceeding, the NRC staff has submitted an answer stating that CCAM's appeal should be denied, without prejudice to it being resubmitted following a ruling by the Atomic Safety and Licensing Board on a motion for reconsideration also filed by CCAM on August 9. NRC Staff Answer to Notice of Appeal of Connecticut Coalition Against Millstone (Aug. 18, 2004). Dominion Nuclear Connecticut, Inc. (Dominion), however, has taken the position that the Licensing Board no longer has jurisdiction to entertain CCAM's motion for reconsideration.

Dominion's Answer to CCAM's Motion for Reconsideration and Request for Leave to Amend Petition (Aug. 18, 2004).

Because of the divergence on views on where jurisdiction lies, Dominion suggests CCAM's Notice of Appeal be held in abeyance until the Licensing Board considers whether it has jurisdiction over CCAM's motion, and if so, issues a ruling addressing that motion. Dominion does not believe that it is necessary to deny CCAM's appeal or require a later refiling. Rather, the matter can be addressed simply by deferring any further briefing and action on CCAM's appeal, pending the Board's action. Accordingly, Washington, DC Northern Virginia New York Los Angeles 2300 N Street, NW Washington, DC 20037-1128 202.663.8000 Fax: 202.663.8007 www.showpittmon.com London

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August 18, 2004 Page 2 absent further instruction from the Commission, Dominion intends to defer submitting its brief in opposition to CCAM's appeal until the jurisdictional question is resolved.

Sincerely

..... David-R. Lewis.

Counsel for Dominion Nuclear Connecticut, Inc.

cc:

Service List

Service List

• Administrative Judge Dr. Paul B. Abramson, Chair Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 pbaenrc.gov

• Administrative Judge Dr. Richard P. Cole Atomic-Safety-and-Licensing-Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 rfcl nrc.gov

• Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secyenrc.gov, hearingdocket~nrc.gov

• Nancy Burton 147 Cross Highway Redding Ridge CT 06876 nancyburtonesqeaol.com

• Administrative Judge Ann Marshall Young Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 amy~nrc.gov Atomic Safety and Licensing Board

.Mail Stop T-3 F23 U.S.-Nuclear Regulatory Commission Washington, D.C. 20555-0001 Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

• Catherine L. Marco, Esq.

• Brooke D. Poole, Esq.

• Margaret Bupp, Esq.

Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 clm~nrc.gov, mjb5(nrc.gov, bdp~nrc.gov

• Persons designated by an asterisk were provided a copy of this letter by both electronic mail and by U.S. Mail.