ML081080365
| ML081080365 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/17/2008 |
| From: | Froehlich W J Atomic Safety and Licensing Board Panel |
| To: | Abramson P B, Froehlich W J, Kennedy M F Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, RAS 660 | |
| Download: ML081080365 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chair Dr. Paul B. Abramson Dr. Michael Kennedy
In the Matter of
Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Unit No. 3)
Docket No. 50-423-OLA
ASLBP No. 08-862-01-OLA-BD01
April 17, 2008 ORDER (Granting CCAM and Nancy Burton Request for Extension of Time to File Consolidated Reply)
On April 16, 2008, the Connecticut Coalition Against Millstone and Nancy Burton (Petitioners) filed a Motion to Consolidate Reply to NRC Staff and Dominion and for Extension
of Time to File Consolidated Reply on or Before April 22, 2008.
1 In support of their motion, Petitioners allege they continue to experience technical difficulties with the Nuclear Regulatory
Commission's (NRC or Commission) e-filing system and that they were unable to access the
Answers of the NRC Staff and Dominion Nuclear Connecticut, Inc. (Dominion) to Petitioners'
Petition to Intervene and Request for Hearing, which were e-filed on April 11, 2008.
2 Petitioners
1 Connecticut Coalition Against Millstone and Nancy Burton's Motion to Consolidate Reply to NRC Staff and Dominion Responses to Petition to Intervene and For Extension of Time to File
Consolidated Reply on or Before April 22, 2008 (Apr. 16, 2008) [hereinafter CCAM Motion].
2 See NRC Staff Answer to Request to Intervene and For Hearing of the Connecticut Coalition Against Millstone and Nancy Burton (Apr. 11, 2008); Dominion Nuclear Connecticut's Response
to Connecticut Coalition Against Millstone and Nancy Burton's Petition to Intervene and Request
for Hearing (Apr. 11, 2008).
further state they received by ordinary e-mail Dominion's Answer on April 11, 2008 3 and the NRC Staff's Answer on April 15, 2008.
4 In addition, Petitioners explain that due to scheduling conflicts, Arnold Gundersen, Petitioners' technical expert, is unable to adequately review the
NRC Staff Answer and assist Petitioners in their Reply by the April 18, 2008 deadline.
5 For these reasons the Petitioners request until April 22, 2008 to submit a consolidated reply to the
Dominion and NRC Staff Answers.
6 Dominion 7 and the NRC Staff 8 oppose Petitioners' request for additional time.
Due to the technical difficulties Petitioners have experienced relating to the NRC's e-filing system and the scheduling conflicts of Petitioners' expert, Petitioners are given an extension of time until Tuesday, April 22, 2008 to file a consolidated reply to the NRC Staff and Dominion Answers. Petitioners are reminded that "[a]ny reply should be narrowly focused on
the legal or logical arguments presented in the applicant/licensee or NRC staff answer."
9 The 3 CCAM Motion ¶ 2.
4 CCAM Motion ¶ 7 (stating that Dominion's couns el transmitted a courtesy copy of the NRC Staff's answer on April 15, 2008). When Dominion's counsel transmitted a courtesy copy of the
NRC Staff's answer, counsel indicated that he received an e-mail courtesy copy of the NRC
Staff Answer on April 14, 2008, and that Petitioners should have also received the Staff's
courtesy copy on that day. See id. at ¶¶ 7-8; id.
at Exh. A. Petitioners state they did not receive the NRC Staff's courtesy copy. Id.
¶¶ 8-9. 5 CCAM Motion ¶ 11.
6 CCAM Motion ¶ 18. The Board notes the apparent difficulties experienced by Petitioners in complying with the Commission's electronic filing rules and acknowledges the cooperation and
courtesies extended by counsel for the Applicant and the NRC Staff in this case.
7 Dominion Nuclear Connecticut's Response to Connecticut Coalition Against Millstone and Nancy Burton's Motion for Extension (Apr. 17, 2008) at 2.
8 Notice of Staff Compliance with Board Order Dated April 16, 2008 Granting CCAM and Nancy Burton's Request for a Second E-Filing Exemption and Staff's Opposition to Petitioners'
Request for Extension of Time to Reply (Apr. 16, 2008) at 6.
9 69 Fed. Reg. 2182, 2203 (Jan. 14, 2004).
Board also requests that Petitioners include page numbers in their Reply and any other pleading filed with the Board.
It is so ORDERED.
10 FOR THE ATOMIC SAFETY AND LICENSING BOARD
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
Rockville, Maryland
April 17, 2008
10 Copies of this order were sent this date by the agency's E-Filing system to counsel for (1) applicant Dominion Nuclear Connecticut, Inc.; (2) the Connecticut Coalition Against Millstone
and Nancy Burton; and (3) the NRC Staff. A courtesy copy was also sent to these individuals
via e-mail.
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket No. 50-423-OLA
)
(Millstone Power Station, Unit No. 3) )
)
CERTIFICATE OF SERVICE
I hereby certify that copies of the for egoing LB ORDER (GRANTING CCAM AND NANCY BURTON REQUEST FOR EXTENSION OF TIME TO FILE CONSOLIDATED REPLY) have been served upon the following persons by Electronic Information Exchange.
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: wjf1@nrc.gov Dr. Paul B. Abramson Administrative Judge
E-mail: pba@nrc.gov
Dr. Michael F. Kennedy Administrative Judge E-mail: mfk2@nrc.gov
Law Clerk E-mail: emily.krause@nrc.gov
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
DOCKET NO. 50-423-OLA LB ORDER (GRANTING CCAM AND NANCY BURTON REQUEST FOR EXTENSION OF TIME TO FILE CONSOLIDATED REPLY) 2U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission
Mail Stop O-16C1 Washington, DC 20555-0001
Hearing Docket E-mail: hearingdocket@nrc.gov Pillsbury Winthrop Shaw Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 Counsel for Dominion Nuclear Connecticut, Inc.
David R. Lewis, Esq.
Stefanie Nelson, Esq.
Matias Travieso-Diaz, Esq.
Maria Webb, Senior Energy Legal Analyst
Marcella Schiappacasse
E-mail: david.lewis@pillsburylaw.com
- stefanie.nelson@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com maria.webb@pillsburylaw.com marcella.schiappacasse@pillsburylaw.com U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 David Roth, Esq.
Lloyd B. Subin, Esq.
E-mail: david.roth@nrc.gov E-mail: lbs@nrc.gov
OGC Mail Center :
OGCMailCenter@nrc.gov Dominion Resources Services, Inc. 120 Tredegar Street, RS-2 Richmond, VA 23219 Lillian M. Cuoco, Senior Counsel
E-mail: Lillian.Cuoco@dom.com Connecticut Coalition Against Millstone Nancy Burton, Esq.
147 Cross Highway
Redding Ridge, CT 06876
E-mail: NancyBurtonCT@aol.com
[Original signed by R. L. Giitter] Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 17 th day of April 2008