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{{#Wiki_filter: | {{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | ||
In the Matter of | ) | ||
In the Matter of ) Docket No. 50-346-LR | |||
) | |||
FIRSTENERGY NUCLEAR OPERATING COMPANY ) May 6, 2011 | |||
) | |||
(Davis-Besse Nuclear Power Station, Unit 1) ) | |||
) | |||
FIRSTENERGYS UNOPPOSED MOTION TO DEFER INITIAL DISCLOSURES First Energy Nuclear Operating Company (FENOC), with the consent of the other parties,1 hereby moves the Atomic Safety and Licensing Board (Board) to defer all initial disclosures required by 10 C.F.R. § 2.336 and the NRC Staffs provision of the hearing file required by 10 C.F.R. § 2.1203 until after disposition of petitions for review of the Boards April 26, 2011 Memorandum and Order (Ruling on Petition to Intervene and Request for Hearing), LBP-11-13. FENOC has informed the parties that it intends to file, within the period allowed by 10 C.F.R. § 2.311(b), a petition for review of the Boards ruling admitting contentions filed by Joint Petitioners. To avoid the burden of proceeding with disclosures and the expenditure of considerable resources by all parties on admitted contentions that could be affected by Commission review, the parties have agreed to defer the disclosure obligations of all of the parties, on all of the admitted contentions, as well as the NRC Staffs provision of a hearing file, until after the planned appeal is resolved. | |||
The parties collectively request that the Board approve this alteration of the schedule pursuant to 10 C.F.R. §§ 2.319(k), 2.332(c), and 2.336(a). The deferral of the disclosure and 1 | |||
The other parties are Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (collectively Joint Petitioners), and the NRC Staff. | |||
67217656 | |||
hearing file obligations would not preclude voluntary disclosures by any party during the deferral period. | |||
In accordance with 10 C.F.R. § 2.323(b), FENOC has consulted with the other parties on this motion and obtained their consent to the motion. | In accordance with 10 C.F.R. § 2.323(b), FENOC has consulted with the other parties on this motion and obtained their consent to the motion. | ||
Respectfully submitted, | Respectfully submitted, Signed (electronically) by Alex. S. Polonsky Kathryn M. Sutton Alex S. Polonsky Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W. | ||
Washington, DC 20004 Phone: 202-739-5830 E-mail: apolonsky@morganlewis.com David W. Jenkins Senior Attorney FirstEnergy Service Company Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 Phone: 330-384-5037 E-mail: djenkins@firstenergycorp.com COUNSEL FOR FIRSTENERGY Dated in Washington, D.C. | |||
Stephen J. Burdick | this 6th day of May, 2011 2 | ||
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W. | |||
Washington, DC 20004 | |||
Phone: | |||
David W. Jenkins | |||
Senior Attorney | |||
FirstEnergy Service Company Mailstop: A-GO-15 | |||
76 South Main Street | |||
Akron, OH 44308 Phone: 330-384-5037 E-mail: djenkins@firstenergycorp.com COUNSEL FOR FIRSTENERGY | |||
Dated in Washington, D.C. | |||
this 6th day of May, 2011 | |||
2 | |||
Washington, DC | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | ||
) | |||
In the Matter of ) | |||
) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY ) | |||
) | |||
(Davis-Besse Nuclear Power Station, Unit 1) ) | |||
) | |||
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of FirstEnergys Unopposed Motion to Defer Initial Disclosures was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients. | |||
Administrative Judge Administrative Judge William J. Froehlich, Chair Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: wjf1@nrc.gov E-mail: nicholas.trikouros@nrc.gov Administrative Judge Office of the General Counsel Dr. William E. Kastenberg U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Brian G. Harris E-mail: wek1@nrc.gov Emily L. Monteith Lloyd Subin E-mail: Brian.Harris@nrc.gov; Office of the Secretary Emily.Monteith@nrc.gov; U.S. Nuclear Regulatory Commission Lloyd.Subin@nrc.gov Rulemakings and Adjudications Staff Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov DB1/ 67217656 | |||
Phone: | Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Michael Keegan Mail Stop: O-16C1 Dont Waste Michigan Washington, DC 20555-0001 811 Harrison Street E-mail: ocaamail@nrc.gov Monroe, MI 48161 E-mail: mkeeganj@comcast.net Kevin Kamps Paul Gunter Terry J. Lodge Beyond Nuclear 316 N. Michigan St., Ste. 520 6930 Carroll Avenue, Suite 400 Toledo, OH 43604 Takoma Park, MD 20912 E-mail: tjlodge50@yahoo.com E-mail: kevin@beyondnuclear.org; paul@beyondnuclear.org Signed (electronically) by Alex S. Polonsky] | ||
Alex S. Polonsky Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W. | |||
Washington, DC 20004 Phone: 202-739-5830 E-mail: apolonsky@morganlewis.com COUNSEL FOR FIRSTENERGY 2}} | |||
Latest revision as of 01:04, 13 November 2019
| ML111260572 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/06/2011 |
| From: | Burdick S, Jenkins D, Polonsky A, Sutton K Morgan, Morgan, Lewis & Bockius, LLP, FirstEnergy Nuclear Operating Co |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 20160, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
| Download: ML111260572 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of ) Docket No. 50-346-LR
)
FIRSTENERGY NUCLEAR OPERATING COMPANY ) May 6, 2011
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
FIRSTENERGYS UNOPPOSED MOTION TO DEFER INITIAL DISCLOSURES First Energy Nuclear Operating Company (FENOC), with the consent of the other parties,1 hereby moves the Atomic Safety and Licensing Board (Board) to defer all initial disclosures required by 10 C.F.R. § 2.336 and the NRC Staffs provision of the hearing file required by 10 C.F.R. § 2.1203 until after disposition of petitions for review of the Boards April 26, 2011 Memorandum and Order (Ruling on Petition to Intervene and Request for Hearing), LBP-11-13. FENOC has informed the parties that it intends to file, within the period allowed by 10 C.F.R. § 2.311(b), a petition for review of the Boards ruling admitting contentions filed by Joint Petitioners. To avoid the burden of proceeding with disclosures and the expenditure of considerable resources by all parties on admitted contentions that could be affected by Commission review, the parties have agreed to defer the disclosure obligations of all of the parties, on all of the admitted contentions, as well as the NRC Staffs provision of a hearing file, until after the planned appeal is resolved.
The parties collectively request that the Board approve this alteration of the schedule pursuant to 10 C.F.R. §§ 2.319(k), 2.332(c), and 2.336(a). The deferral of the disclosure and 1
The other parties are Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (collectively Joint Petitioners), and the NRC Staff.
67217656
hearing file obligations would not preclude voluntary disclosures by any party during the deferral period.
In accordance with 10 C.F.R. § 2.323(b), FENOC has consulted with the other parties on this motion and obtained their consent to the motion.
Respectfully submitted, Signed (electronically) by Alex. S. Polonsky Kathryn M. Sutton Alex S. Polonsky Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, DC 20004 Phone: 202-739-5830 E-mail: apolonsky@morganlewis.com David W. Jenkins Senior Attorney FirstEnergy Service Company Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 Phone: 330-384-5037 E-mail: djenkins@firstenergycorp.com COUNSEL FOR FIRSTENERGY Dated in Washington, D.C.
this 6th day of May, 2011 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING COMPANY )
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of FirstEnergys Unopposed Motion to Defer Initial Disclosures was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients.
Administrative Judge Administrative Judge William J. Froehlich, Chair Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: wjf1@nrc.gov E-mail: nicholas.trikouros@nrc.gov Administrative Judge Office of the General Counsel Dr. William E. Kastenberg U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Brian G. Harris E-mail: wek1@nrc.gov Emily L. Monteith Lloyd Subin E-mail: Brian.Harris@nrc.gov; Office of the Secretary Emily.Monteith@nrc.gov; U.S. Nuclear Regulatory Commission Lloyd.Subin@nrc.gov Rulemakings and Adjudications Staff Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov DB1/ 67217656
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Michael Keegan Mail Stop: O-16C1 Dont Waste Michigan Washington, DC 20555-0001 811 Harrison Street E-mail: ocaamail@nrc.gov Monroe, MI 48161 E-mail: mkeeganj@comcast.net Kevin Kamps Paul Gunter Terry J. Lodge Beyond Nuclear 316 N. Michigan St., Ste. 520 6930 Carroll Avenue, Suite 400 Toledo, OH 43604 Takoma Park, MD 20912 E-mail: tjlodge50@yahoo.com E-mail: kevin@beyondnuclear.org; paul@beyondnuclear.org Signed (electronically) by Alex S. Polonsky]
Alex S. Polonsky Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, DC 20004 Phone: 202-739-5830 E-mail: apolonsky@morganlewis.com COUNSEL FOR FIRSTENERGY 2