ML081420442

LB Order (Directing Parties to Submit Explanatory Pleadings and Affidavits)

ML081420442
Person / Time
Site:	Oyster Creek
Issue date:	05/21/2008
From:	Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel
To:
SECYRAS
References
06-844-01-LR, 50-0219-LR, FOIA/PA-2008-0306, RAS H-26
Download: ML081420442 (4)

Text

UNITED STATES OF AMERICA DOCKETED 05/21/08 NUCLEAR REGULATORY COMMISSION SERVED 05/21/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (Oyster Creek Nuclear Generating Station) May 21, 2008 ORDER (Directing Parties to Submit Explanatory Pleadings and Affidavits)

By order dated May 9, 2008, the Commission referred the following pleadings to this Licensing Board for appropriate action: (1) Motion by Nuclear Information and Resource Service; Jersey Shore Nuclear Watch, Inc.; Grandmothers, Mothers and More for Energy Safety; New Jersey Public Interest Research Group; New Jersey Sierra Club; and New Jersey Environmental Federation (Citizens) to Reopen the Record and for Leave to File a New Contention, and Petition to Add a New Contention (Apr. 18, 2008); (2) AmerGens Answer Opposing Citizens Motion to Reopen Record and Petition to Add a New Contention (Apr. 28, 2008); (3) NRC Staffs Response in Opposition to Citizens Motion to Reopen the Record and for Leave to File and Add a New Contention (Apr. 28, 2008); and (4) Citizens Reply to AmerGens Opposition to Their Petition to Add a New Contention (May 5, 2008), and Citizens Motion for Leave to File a Reply, and Citizens Reply, to the NRC Staffs Opposition to Citizens Motion to Reopen (May 6, 2008).

On May 5, 2008, counsel for AmerGen sent a letter to the NRC Chairman enclosing AmerGens Response to NRC Request for Additional Information on Metal Fatigue Analysis Related to Oyster Creek Nuclear Generating Station License Renewal Application. See Letter

from Alex S. Polonsky, Counsel for AmerGen Energy Company, LLC to the Honorable Dale E.

Klein, Chairman, U.S. Nuclear Regulatory Commission (May 5, 2008). Mr. Polonsky also served the letter and its enclosed Response on this Licensing Board and on the parties to this proceeding. He neglected, however, to explain the relevance of the enclosed Response, if any, to this proceeding.

The parties are hereby directed to submit an affidavit authored by an appropriate expert that discusses with particularity the significance of the AmerGen Response attached to Mr.

Polonskys May 5 letter, accompanied by a pleading that explains the impact (if any) of that Response on the proper disposition of Citizens motion to reopen the record and add a new contention. The pleading submitted by each party shall not exceed ten pages in length. The parties shall file their pleadings and affidavits no later than 5:00 p.m. on Tuesday, May 27, 2008.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 21, 2008 1

Copies of this Order were sent this date by Internet e-mail to counsel for: (1)

Citizens; (2) AmerGen; (3) New Jersey; and (4) the NRC Staff.

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

)

AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR

)

)

(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (DIRECTING PARTIES TO SUBMIT EXPLANATORY PLEADINGS AND AFFIDAVITS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Mary C. Baty, Esq. Richard Webster, Esq.

James E. Adler, Esq. Julia LeMense, Esq.

Brian Newell, Paralegal Eastern Environmental Law Center Office of the General Counsel 744 Broad Street, Suite 1525 Mail Stop - O-15 D21 Newark, NJ 07102 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul Gunter, Reactor Oversight Donald J. Silverman, Esq.

Kevin Kamps Kathryn M. Sutton, Esq.

Beyond Nuclear Alex S. Polonsky, Esq.

Nuclear Policy Research Institute Raphael P. Kuyler, Esq.

6930 Carroll Avenue, Suite 400 Morgan, Lewis & Bockius LLP Takoma Park, MD 20912 1111 Pennsyvlania Ave., NW Washington, DC 20004

2 Docket No. 50-219-LR LB ORDER- (DIRECTING PARTIES TO SUBMIT EXPLANATORY PLEADING AND AFFIDAVITS)

Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.

New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 Trenton, NJ 08625-0415 Suzanne Leta John A. Covino, Esq.

NJPIRG Ellen Barney Balint, Esq.

11 N. Willow St. Valerie Anne Gray, Esq.

Trenton, NJ 08608 Caroline Stahl, Esq.

Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &

Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 21st day of May 2008