ML071560445

LB Order (Regarding Schedule and Guidance for Proceedings)

ML071560445
Person / Time
Site:	Harris
Issue date:	06/05/2007
From:	Austin Young Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
05-400-LR, 07-855-02-LR-BD01, RAS 13719
Download: ML071560445 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13719 DOCKETED 06/05/07 ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 06/05/07 Before Administrative Judges:

Ann Marshall Young, Chair Dr. Peter S. Lam Dr. Alice Mignerey In the Matter of: Docket No. 50-400-LR CAROLINA POWER & LIGHT COMPANY ASLBP No. 07-855-02-LR-BD01 (Shearon Harris Nuclear Power Plant, Unit 1)

June 5, 2007 ORDER (Regarding Schedule and Guidance for Proceedings)

1. This proceeding involves the application of Carolina Power and Light Company (CP&L) to renew the operating license for the Shearon Harris Nuclear Power Plant, Unit 1, for an additional twenty-year period commencing in 2026. In response to a March 20, 2007, notice of opportunity for hearing on the proposed license renewal, Petitioners North Carolina Waste Awareness and Reduction Network (NCWARN) and the Nuclear Information and Resource Service (NIRS) filed, on March 18, 2007, a request for hearing and petition to intervene in accordance with 10 C.F.R. § 2.309. On May 25, 2007, the Secretary of the Commission referred the hearing request and intervention petition to the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel for appropriate action in accordance with 10 C.F.R.

§ 2.346(I), and on May 31 this Licensing Board was established to preside over the proceeding.

Pursuant to 10 C.F.R. § 2.309(h), Applicant and NRC Staff answers to the petition are due 25 days after service of the petition, and the Petitioner may file a reply to such answers within 7 days after service of each answer in accordance with the instructions set forth herein. The parties shall, no later than June 8, notify the Licensing Board of the service date(s) of the petition so that the anticipated filing dates of the answers and reply may be ascertained.

2. Oral Argument on Petitions; Limited Appearance Session. At this point the Licensing Board anticipates holding oral argument on the petition, the standing of the petitioners and the admissibility of their proffered contentions, on either June 28 or July 17, 2007, and may also schedule a limited appearance session as described at 10 C.F.R. § 2.315(a) for the same time period as that set for any oral argument. The parties shall indicate their preferences for the dates in question no later than June 8, 2007; any indication of unavailability for either date shall be accompanied by an explicit statement of the reasons for such unavailability.

In order to facilitate a more productive and efficient oral argument, all parties should familiarize themselves with relevant NRC case law authority, including that in the following proceedings (available in the Electronic Hearing Docket on the NRCs public website):

PPL Susquehanna LLC (Susquehanna Steam Electric Station, Units 1 and 2), LBP-07-4,

__ NRC __ (2007); Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.

(Pilgrim Nuclear Power Station), LBP-06-23, __ NRC __ (2006); CLI-06-26, __ NRC __ (2006);

CLI-07-3, __ NRC __ (2007); Amergen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station), CLI-07-8, __ NRC __ (2007).

3. Counsel Notices of Appearance. Counsel for all participants who have not yet done so shall file notices of appearance pursuant to 10 C.F.R. § 2.314(b).

4. Service and Format of Pleadings and Other Submissions: For each pleading or other submission filed in this proceeding, the filing party shall (1) send an e-mail or facsimile copy to the Office of the Secretary, the lead counsel or representative for every other party, the members of the Licensing Board, and the Boards law clerk; and (2) submit the original and two conforming paper copies to the Office of the Secretary, and send individual paper copies to the lead counsel or representative for every other party and the members of the Licensing Board.

E-mailed pleadings shall be in Wordperfect or Word in addition to Adobe Acrobat format.

The e-mail addresses to use for the Licensing Board members are: AMY@nrc.gov, PSL@nrc.gov, and both ACM3@nrc.gov and mignerey@mail.umd.edu for Judge Mignerey.

Filings should also be emailed to the Boards law clerk, Debra Wolf, at DAW1@nrc.gov. Any attachments or exhibits to a pleading that cannot be transmitted by e-mail should be sent to the Licensing Board members by facsimile transmission (for documents 15 pages or less) or other means that will ensure receipt by the due date, with paper conforming copies mailed that same day.

Facsimile transmission to the Board shall be sent to the attention of the members of the Licensing Board members at 301/415-5599 (verification (301/415-7550).

Paper copies for the Board may be mailed by regular first-class mail to the following address:

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 For regular mail service, the NRC staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first class mail.

To complete service on Licensing Board members via overnight (e.g., express mail, Federal Express, etc.) or hand delivery, the Boards Washington address above may not be used; a participant must assure that the Licensing Board members are served by any such method at the following address:

Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852

5. Timeliness of Service. For service to be timely, any submission served by hand delivery must be received by the Licensing Board and all other parties by 4:30 p.m. on the due

date, and service by facsimile transmission or e-mail must be accomplished no later than 11:59 p.m. on the due date.

Whichever of the methods outlined above is used for service on the Licensing Board shall also be used for the other parties and the Office of the Secretary. See also 10 C.F.R.

§ 2.305 regarding service of papers and filings.

6. Motions. All motions and responses shall comply with 10 C.F.R. § 2.323; include the certification regarding good faith efforts to resolve matters at issue that is specified in

§ 2.323(b); and, except upon a showing of good cause, apprise the Board of whether and when any other participant intends to oppose or otherwise respond to the motion.

For any motion for extension of time, the movant shall serve the motion on the Licensing Board so that it is received at least three (3) business days before the due date for the pleading or other submission for which an extension is sought; and, in addition, state in the motion, specifically and in detail, the reasons the extension is viewed to be necessary.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

________________________

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland 1

June 5, 2007 1

Copies of this Order were sent this date by Internet e-mail to all counsel or representatives for participants, if known.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

CAROLINA POWER & LIGHT CO. ) Docket No. 50-400-LR

)

)

(Shearon Harris Nuclear Power Plant, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REGARDING SCHEDULE AND GUIDANCE FOR PROCEEDINGS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Peter S. Lam Alice Mignerey Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Lawrence J. Chandler, Esq. John D. Runkle, Esq.

Office of the General Counsel Attorney at Law Mail Stop - O-15 D21 P.O. Box 3793 U.S. Nuclear Regulatory Commission Chapel Hill, NC 27515 Washington, DC 20555-0001

2 Docket No. 50-400-LR LB ORDER (REGARDING SCHEDULE AND GUIDANCE FOR PROCEEDINGS)

John H. ONeill, Jr., Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of June 2007