ML101100510

2010/04/20-LB Memorandum and Order (Summarizing Prehearing Conference Call and Amending Hearing Schedule)

ML101100510
Person / Time
Site:	Prairie Island
Issue date:	04/20/2010
From:	William Froehlich Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 17744
Download: ML101100510 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. ASLBP No. 08-871-01-LR-BD01 (Prairie Island Nuclear Generating Plant, Units April 20, 2010 1 and 2)

MEMORANDUM AND ORDER (Summarizing Prehearing Conference Call and Amending Hearing Schedule)

Pursuant to notice issued March 23, 2010,1 the Licensing Board held a telephonic pre-hearing conference call on April 13, 2010. The purpose of the call was to discuss general case management, the progress towards settlement, and the procedural dates leading up to a hearing on the Prairie Island Indian Communitys (PIICs) aging management contention based on a weak safety culture.2 The parties reported that settlement talks have been underway and that discussions are still constructive.3 Counsel for Northern States Power Company (NSPM) indicated that the 1

Licensing Board Order (Convening Teleconference and Establishing Hearing Schedule) (Mar.

23, 2010) (unpublished).

2 See Licensing Board Order (Narrowing and Admitting PIICs Safety Culture Contention) (Jan.

28, 2010) (unpublished).

3 Tr. at 214; see also Joint Status Report on Settlement Discussions (Apr. 19, 2010) (stating that

[w]hile the PIIC and NSPM have not yet reached an agreement, they continue to engage in settlement discussions).

parties are exchanging terms and counter-terms, but that discussions have been complicated by the parties concurrent efforts to resolve various state proceedings and historical bilateral concerns.4 Counsel for the Applicant further identified three constraints on its ability to promptly comply with the mandatory disclosure requirement at 10 C.F.R. § 2.336(a): disagreement amongst the parties over the scope of disclosures, a planned outage at the plant between April 17 and May 22, 2010, and the potential preparation of an outside safety culture assessment to be conducted in June. Counsel for NSPM expressed concerns with the hearing schedule set by the Board in its March 23 order and proposed an alternative schedule with initial disclosures due in June 2010 and an evidentiary hearing in October 2010. Counsel for PIIC agreed with NSPM that the Boards proposed hearing schedule was ambitious and concurred with the suggestion of a hearing date in October.5 Counsel for the NRC Staff did not object to the Applicants proposed schedule.6 In addition, counsel for the NRC Staff reported on the progress of the Final Supplemental Environmental Impact Statement (FSEIS), with a current projected release date in early June 2010.7 Finally, all parties to the telephone conference agreed to the use of the Digital Data Management System (DDMS) for any hearing to be held in this docket.8 The road to an evidentiary hearing begins with the mandatory disclosures required by the Commissions regulations. While settlement is always welcome - and indeed encouraged -

the Board desires to move expeditiously toward a hearing on the sole contention remaining in this proceeding. In light of the concerns expressed by the parties, the Board hereby amends 4

Tr. at 214.

5 Id. at 218.

6 Id. at 219.

7 Id. at 222-23.

8 Id. at 224-25.

the hearing schedule proposed in our March 23 order, beginning with the deadline for initial disclosures. We do not delay the hearing schedule lightly, given that the Commissions regulations call for initial disclosures just 14 days after the admission of a new contention,9 and we have already granted the parties nearly three months to pursue settlement discussions.

Nonetheless, in light of the parties ongoing discussions, we find it beneficial to postpone the deadline for initial mandatory disclosures until June 18, 2010. If the parties remain unable to agree upon the scope of mandatory disclosures, they are directed to file their motions for Board intervention in time for disclosures to go forward by the June 18 deadline.

The amended hearing schedule is set forth in an attachment to this order. The Board intends to adhere to this schedule and to conduct an evidentiary hearing under the procedures of 10 C.F.R. Part 2, Subpart L, no later than October 12, 2010.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD10

/RA/

William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 20, 2010 9

10 C.F.R. Part 2, Appendix B.II, Model Milestones for Hearings Conducted Under 10 CFR Part 2, Subpart L.

10 Copies of this order were sent this date by the agencys E-Filing system to counsel for all parties.

Prairie Island License Renewal Hearing Schedule1 Mandatory disclosures due no June 18, 20102 later than Initial written statements of position and prefiled written July 30, 2010 testimony and exhibits due Reponses to statements of position and rebuttal testimony August 13, 2010 due Motions in limine and motions August 23, 2010 to strike due Responses to motions in limine August 30, 2010 and motions to strike due Parties to submit proposed September 7, 2010 questions for Board to ask Motions for cross-examination September 7, 2010 due3 Final telephone prehearing September 21, 2010 conference Evidentiary hearing October 12, 2010 Proposed findings of fact and November 12, 2010 conclusions of law due Responses due November 26, 2010 Initial decision issued January 10, 2011 1

The following schedule contemplates the litigation of only one contention - PIICs aging management contention based on a weak safety culture. If any additional new or non-timely contentions are subsequently filed, the Board may need to amend the schedule accordingly.

2 Mandatory disclosures are to be updated on the last business day of each month, beginning in June 2010. Mandatory disclosures includes the witness lists and privilege logs required under 10 C.F.R. § 2.336(a) and (b).

3 These motions are filed in camera, and therefore no answers can be filed.

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

)

NORTHERN STATES POWER COMPANY )

)

) Docket Nos. 50-282-LR

) 50-306-LR (Prairie Island Nuclear Generating Plant, )

Units 1 and 2) )

)

(License Renewal) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (SUMMARIZING PREHEARING CONFERENCE CALL AND AMENDING HEARING SCHEDULE) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward Williamson, Esq.

Administrative Judge William J. Froehlich, Beth Mizuno, Esq.

Chairman David Roth, Esq.

E-mail: wjf1@nrc.gov Brian G. Harris, Esq.

Maxwell Smith, Esq.

Administrative Judge Gary S. Arnold Brian Newell E-mail: gxa1@nrc.gov E-mail: elw2@nrc.gov bnm1@nrc.gov Administrative Judge Thomas J. Hirons der@nrc.gov E-mail: thomas.hirons@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

2 DOCKET NOS. 50-282 AND 50-306-LR LB MEMORANDUM AND ORDER (SUMMARIZING PREHEARING CONFERENCE CALL AND AMENDING HEARING SCHEDULE)

Xcel Energy Services, Inc. Prairie Island Indian Community 414 Nicollet Mall 5636 Sturgeon Lake Road Minneapolis, Minnesota 55401 Welch, Minnesota 55089 Peter M. Glass, Counsel for Nuclear Philip R. Mahowald, Esq.

Management Company, LLC E-mail: pmahowald@piic.org Joyce A. Gasca Jean Borrett E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com E-mail: jean.l.borrett@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Stefanie Nelson George, Esq.

Alison M. Crane, Esq.

Jason B. Parker, Esq.

E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.george@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com

[Original signed by R. L. Giitter ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 20th day of April 2010.