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{{#Wiki_filter:67217656 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) ) | |||
) FIRSTENERGY'S 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 Licens ing Board ("Board") to defer all initial disclosures required by 10 C.F.R. § 2.336 and the NRC Staff's provision of the hearing file required by 10 C.F.R. § 2.1203 until after dispositi on of petitions for review of the Board's April 26, 2011 Memorandum and Order (Ruling on Petition to Intervene and Request for Hearing), LBP-11-13. FENOC has informed the part ies that it intends to file, within the period allowed by 10 C.F.R. § 2.311(b), a petition for review of the Board's 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 th e disclosure obligations of all of the parties, on all of the admitted contentions, as well as the NRC Staff's provision of a hearing file, until after the planned appeal is resolved. | |||
The parties collectively request that the Bo ard approve this alte ration 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, Don't Waste Michigan, and the Green Party of Ohio (collectively "Joint Petitioners"), and the NRC Staff. | |||
2 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 DB1/ 67217656 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 "FirstEnergy's Unopposed Motion to Defer Initial Disclosures" was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients. | |||
Administrative Judge William J. Froehlich, Chair Atomic Safety and Licensing Board Panel | |||
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wjf1@nrc.gov | |||
Administrative Judge Dr. William E. Kastenberg Atomic Safety and Licensing Board Panel | |||
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wek1@nrc.gov | |||
Office of the Secretary | |||
U.S. Nuclear Regulatory Commission Rulemakings and Adjudications Staff | |||
Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov | |||
Administrative Judge Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel | |||
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: nicholas.trikouros@nrc.gov | |||
Office of the General Counsel | |||
U.S. Nuclear Regulatory Commission Mail Stop O-15D21 | |||
Washington, DC 20555-0001 | |||
Brian G. Harris Emily L. Monteith | |||
Lloyd Subin E-mail: Brian.Harris@nrc.gov; Emily.Monteith@nrc.gov; | |||
Lloyd.Subin@nrc.gov | |||
2 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 | |||
Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov | |||
Kevin Kamps | |||
Paul Gunter | |||
Beyond Nuclear | |||
6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 E-mail: kevin@beyondnuclear.org; | |||
paul@beyondnuclear.org | |||
Michael Keegan Don't Waste Michigan | |||
811 Harrison Street | |||
Monroe, MI 48161 E-mail: mkeeganj@comcast.net | |||
Terry J. Lodge | |||
316 N. Michigan St., Ste. 520 | |||
Toledo, OH 43604 E-mail: tjlodge50@yahoo.com 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}} |
Revision as of 08:56, 8 August 2018
ML111260572 | |
Person / Time | |
---|---|
Site: | Davis Besse |
Issue date: | 05/06/2011 |
From: | Burdick S J, Jenkins D W, Polonsky A S, Sutton K M 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
67217656 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) )
) FIRSTENERGY'S 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 Licens ing Board ("Board") to defer all initial disclosures required by 10 C.F.R. § 2.336 and the NRC Staff's provision of the hearing file required by 10 C.F.R. § 2.1203 until after dispositi on of petitions for review of the Board's April 26, 2011 Memorandum and Order (Ruling on Petition to Intervene and Request for Hearing), LBP-11-13. FENOC has informed the part ies that it intends to file, within the period allowed by 10 C.F.R. § 2.311(b), a petition for review of the Board's 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 th e disclosure obligations of all of the parties, on all of the admitted contentions, as well as the NRC Staff's provision of a hearing file, until after the planned appeal is resolved.
The parties collectively request that the Bo ard approve this alte ration 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, Don't Waste Michigan, and the Green Party of Ohio (collectively "Joint Petitioners"), and the NRC Staff.
2 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 DB1/ 67217656 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 "FirstEnergy's Unopposed Motion to Defer Initial Disclosures" was filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients.
Administrative Judge William J. Froehlich, Chair Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wjf1@nrc.gov
Administrative Judge Dr. William E. Kastenberg Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wek1@nrc.gov
Office of the Secretary
U.S. Nuclear Regulatory Commission Rulemakings and Adjudications Staff
Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov
Administrative Judge Dr. Nicholas G. Trikouros Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: nicholas.trikouros@nrc.gov
Office of the General Counsel
U.S. Nuclear Regulatory Commission Mail Stop O-15D21
Washington, DC 20555-0001
Brian G. Harris Emily L. Monteith
Lloyd Subin E-mail: Brian.Harris@nrc.gov; Emily.Monteith@nrc.gov;
Lloyd.Subin@nrc.gov
2 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16C1
Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
Kevin Kamps
Paul Gunter
6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 E-mail: kevin@beyondnuclear.org;
paul@beyondnuclear.org
Michael Keegan Don't Waste Michigan
811 Harrison Street
Monroe, MI 48161 E-mail: mkeeganj@comcast.net
Terry J. Lodge
316 N. Michigan St., Ste. 520
Toledo, OH 43604 E-mail: tjlodge50@yahoo.com 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