ML101110182

Southern Alliance for Clear Energy'S Unopposed Motion for Extension of Time to Respond to TVA Motion to Dismiss Contention 1

ML101110182
Person / Time
Site:	Watts Bar
Issue date:	04/21/2010
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-391-OL, ASLBP 09-893-01-OL-BD01, RAS 17753
Download: ML101110182 (3)

Text

April 21, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) Docket No. 50-391 Tennessee Valley Authority )

)

(Watts Bar Unit 2) )

___________________________________ )

SOUTHERN ALLIANCE FOR CLEAN ENERGYS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO TVA MOTION TO DISMISS CONTENTION 1 Pursuant to 10 C.F.R. §§ 2.323(a) and (b), Southern Alliance for Clean Energy (SACE) hereby moves for a ten-day extension of the ten-day time period that 10 C.F.R. § 2.323(c) allows for SACEs response to Tennessee Valley Authoritys (TVA) Motion to Dismiss Southern Alliance for Clean Energys Contention 1 as Moot (April 19, 2010). This motion is not opposed by TVA or the NRC Staff, although the Staff requests that any extension the Board grants to SACE also be granted to the NRC Staff for its own response to TVAs motion to dismiss Contention 1.

In support of this motion, SACE respectfully submits that because TVA seeks disposition of Contention 1 on substantive grounds, its motion to dismiss is akin to a summary disposition motion, for which 10 C.F.R. § 2.1205 would permit a twenty-day response period. A twenty-day response period is necessary in order to provide SACE with sufficient time to evaluate whether TVA has fully addressed its concerns or whether Contention 1 should be amended. In addition, SACEs counsel has a conflicting pre-existing obligation to reply to lengthy oppositions to a hearing request she filed on behalf of another organization in the license renewal proceeding for the Diablo Canyon nuclear power plant. The Diablo Canyon reply is due Friday April 23,

leaving SACEs counsel only four days during the following week to respond to TVAs motion to dismiss Contention 1.

Accordingly, SACE requests a ten-day extension of time to respond to TVAs motion to dismiss Contention 1, or until May 10, 2010.

Respectfully submitted, Electronically signed by Diane Curran HARMON, CURRAN, SPIELBERG, & EISENBERG, L.L.P.

1726 M Street N.W., Suite 600 Washington, D.C. 20036 202-328-3500 Fax: 202-328-6918 e-mail: dcurran@harmoncurran.com April 21, 2010 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

Tennessee Valley Authority ) Docket No. 50-391

)

(Watts Bar Unit 2) )

____________________________________)

CERTIFICATE OF SERVICE I certify that on April 21, 2010, I posted on the NRCs Electronic Information Exchange System copies of the foregoing SACEs Motion for Extension of Time to Respond to TVA Motion to Dismiss Contention 1. It is my understanding that as a result, the following parties were served:

Lawrence G. McDade, Chair Kathryn M. Sutton, Esq.

Paul B. Abramson Paul M. Bessette, Esq.

Gary S. Arnold Morgan, Lewis & Bockius, L.L.P.

Atomic Safety and Licensing Board Panel 1111 Pennsylvania Avenue N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Mail Stop T-3F23 ksutton@morganlewis.com Lgm1@nrc.gov, pba@nrc.gov, wxb3@nrc.gov pbessette@morganlewis.com NRC Office of the Secretary NRC Office of Appellate Commission Rulemakings and Adjudications Staff Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Hearing.docket@nrc.gov ocaamail@nrc.gov David E. Roth, Esq. Edward J. Vigluicci, Esq.

Edward Williamson, Esq. Christopher C. Chandler, Esq.

Andrea Jones, Esq. Office of the General Counsel Office of General Counsel Tennessee Valley Authority U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive, WT 6A-K Washington, D.C. 20555 Knoxville, TN 37902 David.roth@nrc.gov, andrea.jones@nrc.gov, ejvigluicci@tva.gov, ccchandler0@tva.gov elw2@nrc.gov (signed electronically by)

Diane Curran 3