ML111260572

Firstenergy'S Unopposed Motion to Defer Initial Disclosures

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

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