ML081080365
| ML081080365 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/17/2008 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | Abramson P, William Froehlich, Kennedy M 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 DOCKETED 04/17/08 NUCLEAR REGULATORY COMMISSION SERVED 04/17/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chair Dr. Paul B. Abramson Dr. Michael Kennedy In the Matter of Docket No. 50-423-OLA Dominion Nuclear Connecticut, Inc. ASLBP No. 08-862-01-OLA-BD01 (Millstone Power Station, Unit No. 3)
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 Commissions (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 Burtons 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 Connecticuts Response to Connecticut Coalition Against Millstone and Nancy Burtons Petition to Intervene and Request for Hearing (Apr. 11, 2008).
further state they received by ordinary e-mail Dominions Answer on April 11, 20083 and the NRC Staffs 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 Dominion7 and the NRC Staff8 oppose Petitioners request for additional time.
Due to the technical difficulties Petitioners have experienced relating to the NRCs 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 Dominions counsel transmitted a courtesy copy of the NRC Staffs answer on April 15, 2008). When Dominions counsel transmitted a courtesy copy of the NRC Staffs 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 Staffs courtesy copy on that day. See id. at ¶¶ 7-8; id. at Exh. A. Petitioners state they did not receive the NRC Staffs 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 Commissions 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 Connecticuts Response to Connecticut Coalition Against Millstone and Nancy Burtons Motion for Extension (Apr. 17, 2008) at 2.
8 Notice of Staff Compliance with Board Order Dated April 16, 2008 Granting CCAM and Nancy Burtons Request for a Second E-Filing Exemption and Staffs 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
/RA/
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.
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 foregoing 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. Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov 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 Emily Krause Law Clerk E-mail: emily.krause@nrc.gov
DOCKET NO. 50-423-OLA LB ORDER (GRANTING CCAM AND NANCY BURTON REQUEST FOR EXTENSION OF TIME TO FILE CONSOLIDATED REPLY)
U.S. Nuclear Regulatory Commission Pillsbury Winthrop Shaw Pittman, LLP Office of the Secretary of the Commission 2300 N. Street, NW Mail Stop O-16C1 Washington, DC 20037-1122 Washington, DC 20555-0001 Counsel for Dominion Nuclear Connecticut, Inc.
Hearing Docket David R. Lewis, Esq.
E-mail: hearingdocket@nrc.gov 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 Dominion Resources Services, Inc.
Office of the General Counsel 120 Tredegar Street, RS-2 Mail Stop O-15D21 Richmond, VA 23219 Washington, DC 20555-0001 Lillian M. Cuoco, Senior Counsel David Roth, Esq. E-mail: Lillian.Cuoco@dom.com Lloyd B. Subin, Esq.
E-mail: david.roth@nrc.gov E-mail: lbs@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov 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 17th day of April 2008 2