ML11305A083

Fenoc'S Unopposed Motion for Modification of Paragraph A.2 of the Board'S Initial Scheduling Order

ML11305A083
Person / Time
Site:	Davis Besse
Issue date:	11/01/2011
From:	Polonsky A S First Energy Services, Morgan, Morgan, Lewis & Bockius, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21333, 50-346-LR, ASLBP 11-907-01-LR-BD01
Download: ML11305A083 (6)

Text

DB1/ 68381090 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) ) November 1, 2011

)

FENOC'S UNOPPOSED MOTION FOR MODIFICATION OF PARAGRAPH A.2. OF THE BOARD'S INITIAL SCHEDULING ORDER In accordance with 10 C.F.R. § 2.323(a), FirstEnergy Nuclear Operating Company ("FirstEnergy" or "FENOC") files this motion requesting that the Board modify the requirement regarding updates to mandatory disclosures so that they are now due at the end of each month instead of by the 15th of each month. In paragraph A.2. of the Board's June 15, 2011 Initial Scheduling Order, "the Board directs that updates to mandatory disclosures and to the NRC Staff's hearing file shall be filed no later than the 15th of every month, commencing the calendar month after initial disclosures, and shall 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." FENOC requests that the Board modify this requirement such that each party would file its monthly updates to mandatory disclosures "no la ter than the last calendar day of each month

," commencing the calendar month after initial disclosures, and covering all documents or other material or information required to be disclosed that are in the possession, custody, or control of DB1/ 68381090 2each party (or its agents) as of the last day of the preceding month.

1 In essence, the modification that FENOC is requesting is a full calendar m onth to produce the updates rather than the 15 calendar days currently required under the Initial Scheduling Order. The remainder of the monthly update requirements would not change. Counsel for FENOC has consulted with Brian Harris (for the NRC St aff) and with Terry Lodge (for Joint Petitioners). They do not oppose this Motion, and would want the relief granted to them as well. Also, if the Board grants this Motion, the Staff would want the Board to modify paragraph F.2. of the Initial Scheduling Order so that the Staff's requirement to submit a monthly status report for the schedule for 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. Under 10 C.F.R. § 2.334(b), a hearing schedule may be modified for "good cause." The Board can find good cause supporting this Motion because:

1. FENOC has identified more than 50 Custodians from whom potentially-relevant electronic and hard copy documents would need to be evaluated for the monthly updates of FENOC's document disclo sures for Contentions 1 and 4;

2. FENOC also identified seve n different corporate sources of records which require different Information Technology leads to retrieve and which generate multiple electronic formats of documents, in six di fferent locations, from which potentially-relevant documents would need to be re trieved and evaluated for these monthly updates; 3. FENOC also identified at least one off-site contractor from whom potentially-relevant documents would need to be retrieved and evaluated for these monthly updates;

1 If the last calendar day of the month falls on a weekend or a holiday observed by the NRC, then the disclosure updates would be due on the next day that is not a weekend or holiday.

DB1/ 68381090 3 4. Fully aware of the Board's 15-day requirement, FENOC recently performed a "dry-run" of a monthly update to its mandatory disclosures in an attempt to assess how long it would take to identify, collect, a nd review potentially-relevant documents from the sources listed above in paragraphs 2 through 4, on a monthly basis;

5. During this "dry-run" it became apparent that FENOC cannot reasonably meet the 15-day turnaround required by para graph A.2. of the Initial Sc heduling Order. Rather, a full calendar month is necessary for FENOC to meet its obligations to update the mandatory disclosures;

6. Granting the motion maintains the requirement for each party to provide a monthly update to mandatory disclosures; and

7. Neither the NRC Staff nor the Joint Petitioners oppose the motion.

DB1/ 68381090 4 For the foregoing reasons, the Board should grant this unopposed motion.

Respectfully submitted, Signed (electronically) by Alex S. Polonsky Kathryn M. Sutton Alex S. Polonsky Martin J. O'Neill

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, DC 20004

Phone: 202-739-5830

Fax: 202-739-3001 E-mail: apolonsky@morganlewis.com

David W. Jenkins

Senior Corporate Counsel

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 FENOC Dated in Washington, D.C. this 1st day of November 2011 DB1/ 68381090 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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) ) November 1, 2011

) CERTIFICATE OF SERVICE

I hereby certify that, on this date , a copy of "FENOC'S UNOPPOSED MOTION FOR MODIFICATION OF PARAGRAPH A.2. OF THE BOARD'S INITIAL SCHEDULING ORDER" was filed with the Electronic Informati on 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 Megan Wright Emily L. Monteith E-mail: Brian.Harris@nrc.gov; Megan.Wright@nrc.gov; Emily.Monteith@nrc.gov

DB1/ 68381090 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 Kathryn M. Sutton Alex S. Polonsky Martin J. O'Neill

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, DC 20004

Phone: 202-739-3000

Fax: 202-739-3001 E-mail: aspolonsky@morganlewis.com

COUNSEL FOR FENOC