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{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: | |||
William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of: | |||
FIRSTENERGY NUCLEAR OPERATING COMPANY | |||
(Davis-Besse Nuclear Power Station, Unit 1) | |||
Docket No. 50-346-LR ASLBP No. 11-907-01-LR-BD01 | |||
November 2, 2011 ORDER (Granting Motion for Modification of Initial Scheduling Order) | |||
On November 1, 2011, FirstEnergy Nuclear Operating Company (FirstEnergy) moved pursuant to 10 C.F.R. § 2.323(a) that the Board modify Section A.2 of its Initial Scheduling Order to require that updates to mandatory disclosures and to the NRC Staff's hearing file be due no later than the last calendar day of each month instead of by the 15th of each month. | |||
1 FirstEnergy requests that no alteration be made to Section A. | |||
2's requirement that these updates "cover all documents or other material or information required to be disclosed that are in the possession, custody, or control of each party (or its agents) as of the last day of the preceding month." | |||
2 In essence, FirstEnergy is requesting a full calendar month to produce the updates rather than the 15 calendar days currently required under the Initial Scheduling Order. FirstEnergy states that "good cause" supports this motion because a "dry-run" of identifying, collecting, and reviewing | |||
potentially-relevant documents from more than 50 custodians, seven different corporate sources of records in six different locations, and at least one off-site contractor revealed that FirstEnergy 1 FENOC's Unopposed Motion for Modification of Paragraph A.2 of the Board's Initial Scheduling Order at 1 (Nov. 1, 2011) (citing Initial Scheduling Order at 4-5 (June 15, 2011) [hereinafter ISO]). | |||
2 Id. at 1-2 (quoting ISO at 5). | |||
2 needs a full calendar month to update the mandatory disclosures. | |||
3 Counsel for FirstEnergy states he has consulted with counsel for the NRC Staff and the Joint Intervenors 4 as required by 10 C.F.R. § 2.323(b), that they would want the relief also granted to them, and that no party opposes this motion. | |||
5 Further, FirstEnergy relates that the NRC Staff requests modification of Section F.2 of the Initial Scheduling Order so that the Staff's requirement to submit a monthly status report of its best estimate for the issuance dates of the draft and final versions of the SER and SEIS is made concurrent with the monthly updates at the end of each month, instead of the 15th of each month. | |||
6 For good cause shown, and consistent with the intent of 10 C.F.R. § 2.334(b), the Board hereby grants the unopposed motion. Sections A.2 and F.2 of the Initial Scheduling Order of June 15, 2011 are modified so that updates to disclosures, updates to the hearing file, and monthly status reports are due no later than the last calendar day of each month. All other provisions of the Initial Scheduling Order remain in effect. | |||
7 It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD 8 William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 2, 2011 3 Id. at 2-3. 4 Joint Intervenors consist of Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio. | |||
5 Id. at 2. 6 Id. (citing ISO at 15). | |||
7 Counsel are reminded that, for timely service of their disclosures by the NRC's E-Filing System, they must file no later than 11:59 p.m. Eastern Time on the due date. 10 C.F.R. § 2.306(c)(2). | |||
8 A copy of this Notice was sent this date by the NRC's E-Filing System to counsel and representatives for FirstEnergy, Joint Intervenors, and the NRC Staff. | |||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) ) | |||
FIRST ENERGY NUCLEAR OPERATING ) | |||
COMPANY ) | |||
) (Davis-Besse Nuclear Power Station, Unit 1) ) Docket No. 50-346-LR ) CERTIFICATE OF SERVICE | |||
I hereby certify that copies of the ORDER (Granting Motion for Modification of Initial Scheduling Order) have been served upon the following persons by Electronic Information Exchange. | |||
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov | |||
U.S. Nuclear Regulatory Commission. | |||
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 | |||
William J. Froehlich, Chair | |||
Administrative Judge E-mail: William.froehlich@nrc.gov | |||
Nicholas G. Trikouros | |||
Administrative Judge | |||
E-mail: nicholas.trikouros@nrc.gov William E. Kastenberg Administrative Judge | |||
E-mail: wek1@nrc.gov | |||
Hillary Cain Law Clerk E-mail: hillary.cain@nrc.gov | |||
Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission | |||
Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket | |||
E-mail: hearingdocket@nrc.gov | |||
Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 Edward L. Williamson, Esq. | |||
E-mail: edward.williamson@nrc.gov Lloyd B. Subin, Esq. | |||
E-mail: lloyd.subin@nrc.gov Brian Harris, Esq. | |||
E-mail: brian.harris@nrc.gov Richard S. Harper, Esq. | |||
richard.harper@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov | |||
OGC Mail Center : | |||
OGCMailCenter@nrc.gov | |||
FirstEnergy Service Company. Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 David W. Jenkins, Esq. | |||
E-mail : djenkins@firstenergycorp.com | |||
Docket No. 50-346-LR ORDER (Granting Motion for Modification of Initial Scheduling Order) | |||
2 Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq. | |||
E-mail: sburdick@morganlewis.com Alex Polonsky, Esq. | |||
E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq. | |||
E-mail: ksutton@morganlewis.com Martin O'Neill, Esq. | |||
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq. | |||
E-mail: tmatthews@morganlewis.com Brooke Leach, Esq. | |||
bleach@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Lesa Williams-Richardson, Legal Secretary | |||
E-mail: lrichardson@morganlewis.com Citizens Environmental Alliance (CEA) | |||
of Southwestern Ontario | |||
1950 Ottawa Street | |||
Windsor, Ontario Canada N8Y 197 | |||
Green Party of Ohio 2626 Robinwood Avenue | |||
Toledo, Ohio 43610 | |||
Don't Waste Michigan 811 Harrison Street Monroe, Michigan 48161 | |||
Michael Keegan | |||
E-mail: mkeeganj@comcast.net Terry J. Lodge, Counsel for CEA, Don't Waste Michigan, and Green Party of Ohio | |||
316 N. Michigan Street, Suite 520 | |||
Toledo, OH 43604-5627 | |||
E-mail: tjlodge50@yahoo.com Beyond Nuclear 6930 Carroll Avenue Suite 400 | |||
Takoma Park, Md. 20912 Kevin Kamps | |||
E-mail : kevin@beyondnuclear.org Paul Gunter E-mail : paul@beyondnuclear.org | |||
[Original signed by Christine M. Pierpoint ] Office of the Secretary of the Commission | |||
Dated at Rockville, Maryland this 2 nd day of November 2011}} |
Revision as of 15:46, 2 August 2018
ML11306A145 | |
Person / Time | |
---|---|
Site: | Davis Besse |
Issue date: | 11/02/2011 |
From: | Froehlich W J Atomic Safety and Licensing Board Panel |
To: | |
SECY RAS | |
References | |
RAS 21358, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
Download: ML11306A145 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of:
FIRSTENERGY NUCLEAR OPERATING COMPANY
(Davis-Besse Nuclear Power Station, Unit 1)
Docket No. 50-346-LR ASLBP No. 11-907-01-LR-BD01
November 2, 2011 ORDER (Granting Motion for Modification of Initial Scheduling Order)
On November 1, 2011, FirstEnergy Nuclear Operating Company (FirstEnergy) moved pursuant to 10 C.F.R. § 2.323(a) that the Board modify Section A.2 of its Initial Scheduling Order to require that updates to mandatory disclosures and to the NRC Staff's hearing file be due no later than the last calendar day of each month instead of by the 15th of each month.
1 FirstEnergy requests that no alteration be made to Section A.
2's requirement that these updates "cover all documents or other material or information required to be disclosed that are in the possession, custody, or control of each party (or its agents) as of the last day of the preceding month."
2 In essence, FirstEnergy is requesting a full calendar month to produce the updates rather than the 15 calendar days currently required under the Initial Scheduling Order. FirstEnergy states that "good cause" supports this motion because a "dry-run" of identifying, collecting, and reviewing
potentially-relevant documents from more than 50 custodians, seven different corporate sources of records in six different locations, and at least one off-site contractor revealed that FirstEnergy 1 FENOC's Unopposed Motion for Modification of Paragraph A.2 of the Board's Initial Scheduling Order at 1 (Nov. 1, 2011) (citing Initial Scheduling Order at 4-5 (June 15, 2011) [hereinafter ISO]).
2 Id. at 1-2 (quoting ISO at 5).
2 needs a full calendar month to update the mandatory disclosures.
3 Counsel for FirstEnergy states he has consulted with counsel for the NRC Staff and the Joint Intervenors 4 as required by 10 C.F.R. § 2.323(b), that they would want the relief also granted to them, and that no party opposes this motion.
5 Further, FirstEnergy relates that the NRC Staff requests modification of Section F.2 of the Initial Scheduling Order so that the Staff's requirement to submit a monthly status report of its best estimate for the issuance dates of the draft and final versions of the SER and SEIS is made concurrent with the monthly updates at the end of each month, instead of the 15th of each month.
6 For good cause shown, and consistent with the intent of 10 C.F.R. § 2.334(b), the Board hereby grants the unopposed motion. Sections A.2 and F.2 of the Initial Scheduling Order of June 15, 2011 are modified so that updates to disclosures, updates to the hearing file, and monthly status reports are due no later than the last calendar day of each month. All other provisions of the Initial Scheduling Order remain in effect.
7 It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD 8 William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 2, 2011 3 Id. at 2-3. 4 Joint Intervenors consist of Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio.
5 Id. at 2. 6 Id. (citing ISO at 15).
7 Counsel are reminded that, for timely service of their disclosures by the NRC's E-Filing System, they must file no later than 11:59 p.m. Eastern Time on the due date. 10 C.F.R. § 2.306(c)(2).
8 A copy of this Notice was sent this date by the NRC's E-Filing System to counsel and representatives for FirstEnergy, Joint Intervenors, and the NRC Staff.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
FIRST ENERGY NUCLEAR OPERATING )
COMPANY )
) (Davis-Besse Nuclear Power Station, Unit 1) ) Docket No. 50-346-LR ) CERTIFICATE OF SERVICE
I hereby certify that copies of the ORDER (Granting Motion for Modification of Initial Scheduling Order) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001
William J. Froehlich, Chair
Administrative Judge E-mail: William.froehlich@nrc.gov
Nicholas G. Trikouros
Administrative Judge
E-mail: nicholas.trikouros@nrc.gov William E. Kastenberg Administrative Judge
E-mail: wek1@nrc.gov
Hillary Cain Law Clerk E-mail: hillary.cain@nrc.gov
Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission
Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket
E-mail: hearingdocket@nrc.gov
Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 Edward L. Williamson, Esq.
E-mail: edward.williamson@nrc.gov Lloyd B. Subin, Esq.
E-mail: lloyd.subin@nrc.gov Brian Harris, Esq.
E-mail: brian.harris@nrc.gov Richard S. Harper, Esq.
richard.harper@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov
OGC Mail Center :
OGCMailCenter@nrc.gov
FirstEnergy Service Company. Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 David W. Jenkins, Esq.
E-mail : djenkins@firstenergycorp.com
Docket No. 50-346-LR ORDER (Granting Motion for Modification of Initial Scheduling Order)
2 Morgan, Lewis & Bockius Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.
E-mail: sburdick@morganlewis.com Alex Polonsky, Esq.
E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.
E-mail: ksutton@morganlewis.com Martin O'Neill, Esq.
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.
E-mail: tmatthews@morganlewis.com Brooke Leach, Esq.
bleach@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Lesa Williams-Richardson, Legal Secretary
E-mail: lrichardson@morganlewis.com Citizens Environmental Alliance (CEA)
of Southwestern Ontario
1950 Ottawa Street
Windsor, Ontario Canada N8Y 197
Green Party of Ohio 2626 Robinwood Avenue
Toledo, Ohio 43610
Don't Waste Michigan 811 Harrison Street Monroe, Michigan 48161
Michael Keegan
E-mail: mkeeganj@comcast.net Terry J. Lodge, Counsel for CEA, Don't Waste Michigan, and Green Party of Ohio
316 N. Michigan Street, Suite 520
Toledo, OH 43604-5627
E-mail: tjlodge50@yahoo.com Beyond Nuclear 6930 Carroll Avenue Suite 400
Takoma Park, Md. 20912 Kevin Kamps
E-mail : kevin@beyondnuclear.org Paul Gunter E-mail : paul@beyondnuclear.org
[Original signed by Christine M. Pierpoint ] Office of the Secretary of the Commission
Dated at Rockville, Maryland this 2 nd day of November 2011