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Category:Legal-Correspondence
MONTHYEARML18240A1322018-08-28028 August 2018 Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-03 NRC-2017-0188, Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-032018-08-28028 August 2018 Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-03 ML15026A7082015-01-0909 January 2015 Mcniece V. Dominion Nuclear ML1209503832012-04-0303 April 2012 Letter from the Secretary of Commission to Thomas O'Brien, Newburyport City Council, Ma, in Response to Letter of 3/12/12 to Chairman Jaczko, Requesting the Commission Halt Relicensing of Seabrook ML0824801762008-08-0505 August 2008 E-Mail from E. Julian to ASLB for Millstone Uprate Proceeding, Referring a Motion of Nancy Burton That Requested Consideration of Amended Contentions ML0824801952008-07-21021 July 2008 E-Mail from E. Julian to Nancy Burton Advising That Her Filing of July 18, 2008, Was Not Accepted for Docketing on Procedural Grounds ML0716505312007-06-12012 June 2007 6/12/2007 - Certified Supplement to the Index of the Record for Spano V. NRC; Nos. 07-0324-ag and 07-1276-ag Consolidated ML0603301132006-02-0101 February 2006 Respondent'S Certified Index of the Record, Dated 2/1/06 ML0601705152006-01-12012 January 2006 Notice of Appearance & the Respondent'S Acknowledgment Letter, Dated 1/12/06 ML0601704802006-01-0404 January 2006 Unopposed Motion of Dominion Nuclear Connecticut for Leave to Intervene & Corporate Disclosure Statement, Dated 1/4/06 ML0601704822005-12-15015 December 2005 Petitioner'S Petition for Review & Form C-A Pre-Argument Statement with $250, Dated 12/15/05 ML0534000922005-11-29029 November 2005 Letter from David R. Lewis to Annette L. Vietti-Cook Regarding the Connecticut Coalition Against Millstone'S 11/25/05 Motion to Reopen ML0512900942005-05-0505 May 2005 Suffolk County'S Report to the Board, as Requested in Conference Call ML0510801262005-04-0404 April 2005 Notice of New Firm Name ML0603106732005-03-23023 March 2005 Letter from Steve Levy, Suffolk Co. to Michael Farrar, ASLBP, Suffolk County'S Reply and Request for Waiver of Commission Regulations. Dominion Nuclear Conneticut'S Response and NRC Staff Motion ML0436300232004-12-27027 December 2004 Letter from Annette Vietti-Cook to Christine Malafi, Esq. Responding to Her December 17, 2004 Motion to Intervene ML0620900512004-12-0808 December 2004 in the Matter of Dominion Nuclear Connecticut, Inc. (Millstone, Units 2 and 3) ML0434301122004-12-0707 December 2004 Millstone Units 2 and 3 - Letter from Brooke D. Poole to Administrative Judges Informing That the Public Citrix-based Version of the ADAMS Publicly Available Records System Has Been Partially Restored ML0432300822004-11-17017 November 2004 Millstone Units 2 and 3 - Letter from Brooke D. Poole to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS ML0430802812004-10-29029 October 2004 Letter to Court Providing Technical Correction to a Citation, Dated 10/29/04 ML0430101062004-10-25025 October 2004 Millstone 2 & 3 - Letter from Brooke D. Poole to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS ML0430700982004-10-19019 October 2004 E-mail from Brooke Poole to Administrative Judges and Participants Re Missing Page 3 to Staff'S Brief Filed on 10/18/04 ML0430802772004-10-0606 October 2004 Letter to Court Informing License Renewal Proceeding That Was the Subject of the Motion, Dated 10/6/04 ML0429504062004-09-30030 September 2004 Letter to Court 9/20/04 Letter to Dominion, NRC Approved the License Amendment, Dated 9/30/04 ML0426102982004-09-0202 September 2004 Order Setting New Date for Oral Argument on Motion to Dismiss, Dated 9/2/04 ML0426102952004-08-20020 August 2004 Order Setting Date for Oral Argument on Motion to Dismiss and Also for Petition'S Response, Dated 8/20/04, CT Coalition V. Us Nuclear ML0424401962004-08-18018 August 2004 Letter to Clerk Informing Respondent'S Unavailability of Oral Argument Dates, Dated 8/18/04 ML0423900312004-08-18018 August 2004 Letter from David R. Lewis Regarding Connecticut Coalition Against Millstone'S Notice of Appeal, Dated 08/09/04 ML0424401662004-08-16016 August 2004 Letter from Clerk Corrected Adhesive Covers Needed, Dated 8/16/04 ML0809803492004-08-16016 August 2004 Connecticut Coalition Against Millstone V. NRC, Case No. 04-35770ag; Entry of Appearance ML0422303262004-08-0606 August 2004 Brief for the Federal Respondents, 8/6/04 ML0425701132004-08-0202 August 2004 Notice of Change of Caption, Dated 8/2/04 ML0425700832004-07-12012 July 2004 Notification of Petition, Dated 7/12/04 ML0425700822004-06-25025 June 2004 Pre-Argument Statement, Dated 6/25/04 ML0434402602004-04-30030 April 2004 E-mails Between David Repka, Geraldine Fehst & Nancy Burton Usca 04-0109, Dated 04/30/04 ML0434402742004-04-29029 April 2004 E-mail from G. Fehst to Nancy Burton Usca 04-0109 W/Proposals for Joint Appendix, Dated 04/29/04 ML0434302192004-04-15015 April 2004 Letter Clarifying the Status of the License Amendment, Dated 4/15/04 ML0421003692004-04-0909 April 2004 Letter Informing the Civil Appeal Scheduling Order #1, Dated 04/09/04 ML0410606222004-04-0505 April 2004 E-mail from Administrative Judge Bollwerk to Nancy Burton Responding to Ms. Burton'S e-mail Re Filing of Reply to the Licensee and NRC Staff Responses to Connecticut Coalition Against Millstone'S Motion for Reconsideration and to Vacate ML0409901782004-04-0202 April 2004 Letter from David R. Lewis to Chief Administrative Judge Bollwerk Re Submission of Dominion'S Answer Opposing Ccam'S Motion to Vacate ML0411302362004-04-0202 April 2004 Letter from Nancy Burton to Chief Administrative Judge Bollwerk Informing That She Intends to File a Reply on 04/05/04 to the Licensee and Staff Answers Re Commission'S 03/24/04 Order ML0408301412004-03-10010 March 2004 Letter from Margaret J. Bupp and Catherine L. Marco Stating That Connecticut Coalition Against Millstone'S Petition to Intervene and a Request for Hearing Filed on 02/12/04 Should Be Rejected Since It Was Submitted Prematurely ML0407609612004-03-0404 March 2004 Letter of David Lewis Objecting to the 3/1/2004 Burton Letter and Emphasizing That the Burton Petition to Intervene Was Still Premature ML0407609402004-03-0404 March 2004 Letter from the Secretary to Nancy Burton Returning Millstone Intervention Petition ML0410702762004-03-0101 March 2004 Acknowledge Receipt with Index of Filings, Dated 3/1/04 ML0407609582004-03-0101 March 2004 Response of Nancy Burton to the 2/13/2004 Letter of David Lewis That Advised the Secretary That the Burton Petition to Intervene Was Premature ML0406107372004-02-24024 February 2004 Certified Index of Record Dated 02/24/04 ML0405500582004-02-23023 February 2004 Letter Informing Court of Address and Appearances, Dated 2/23/04 ML0407609542004-02-13013 February 2004 Letter to Secretary Indicating That the Petition to Intervene of the Connecticut Coalition Against Millstone Is Premature ML0405005902004-01-23023 January 2004 Petition to Review License Amendment Application and Reconsideration of Final Decision, Dated 01/06/04 2018-08-28
[Table view] Category:Legal-Correspondence/Maintenance
MONTHYEARML0603301132006-02-0101 February 2006 Respondent'S Certified Index of the Record, Dated 2/1/06 ML0601705152006-01-12012 January 2006 Notice of Appearance & the Respondent'S Acknowledgment Letter, Dated 1/12/06 ML0601704802006-01-0404 January 2006 Unopposed Motion of Dominion Nuclear Connecticut for Leave to Intervene & Corporate Disclosure Statement, Dated 1/4/06 ML0601704822005-12-15015 December 2005 Petitioner'S Petition for Review & Form C-A Pre-Argument Statement with $250, Dated 12/15/05 ML0534000922005-11-29029 November 2005 Letter from David R. Lewis to Annette L. Vietti-Cook Regarding the Connecticut Coalition Against Millstone'S 11/25/05 Motion to Reopen ML0512900942005-05-0505 May 2005 Suffolk County'S Report to the Board, as Requested in Conference Call ML0510801262005-04-0404 April 2005 Notice of New Firm Name ML0603106732005-03-23023 March 2005 Letter from Steve Levy, Suffolk Co. to Michael Farrar, ASLBP, Suffolk County'S Reply and Request for Waiver of Commission Regulations. Dominion Nuclear Conneticut'S Response and NRC Staff Motion ML0436300232004-12-27027 December 2004 Letter from Annette Vietti-Cook to Christine Malafi, Esq. Responding to Her December 17, 2004 Motion to Intervene ML0434301122004-12-0707 December 2004 Millstone Units 2 and 3 - Letter from Brooke D. Poole to Administrative Judges Informing That the Public Citrix-based Version of the ADAMS Publicly Available Records System Has Been Partially Restored ML0432300822004-11-17017 November 2004 Millstone Units 2 and 3 - Letter from Brooke D. Poole to Administrative Judges Informing of the Status of the Temporary Suspension of Public Access to ADAMS ML0430802812004-10-29029 October 2004 Letter to Court Providing Technical Correction to a Citation, Dated 10/29/04 ML0430101062004-10-25025 October 2004 Millstone 2 & 3 - Letter from Brooke D. Poole to Administrative Judges Informing That the Commission Has Blocked Public Access to Documents in ADAMS ML0430700982004-10-19019 October 2004 E-mail from Brooke Poole to Administrative Judges and Participants Re Missing Page 3 to Staff'S Brief Filed on 10/18/04 ML0430802772004-10-0606 October 2004 Letter to Court Informing License Renewal Proceeding That Was the Subject of the Motion, Dated 10/6/04 ML0429504062004-09-30030 September 2004 Letter to Court 9/20/04 Letter to Dominion, NRC Approved the License Amendment, Dated 9/30/04 ML0426102982004-09-0202 September 2004 Order Setting New Date for Oral Argument on Motion to Dismiss, Dated 9/2/04 ML0426102952004-08-20020 August 2004 Order Setting Date for Oral Argument on Motion to Dismiss and Also for Petition'S Response, Dated 8/20/04, CT Coalition V. Us Nuclear ML0424401962004-08-18018 August 2004 Letter to Clerk Informing Respondent'S Unavailability of Oral Argument Dates, Dated 8/18/04 ML0423900312004-08-18018 August 2004 Letter from David R. Lewis Regarding Connecticut Coalition Against Millstone'S Notice of Appeal, Dated 08/09/04 ML0424401662004-08-16016 August 2004 Letter from Clerk Corrected Adhesive Covers Needed, Dated 8/16/04 ML0422303262004-08-0606 August 2004 Brief for the Federal Respondents, 8/6/04 ML0425701132004-08-0202 August 2004 Notice of Change of Caption, Dated 8/2/04 ML0425700832004-07-12012 July 2004 Notification of Petition, Dated 7/12/04 ML0425700822004-06-25025 June 2004 Pre-Argument Statement, Dated 6/25/04 ML0434402602004-04-30030 April 2004 E-mails Between David Repka, Geraldine Fehst & Nancy Burton Usca 04-0109, Dated 04/30/04 ML0434402742004-04-29029 April 2004 E-mail from G. Fehst to Nancy Burton Usca 04-0109 W/Proposals for Joint Appendix, Dated 04/29/04 ML0434302192004-04-15015 April 2004 Letter Clarifying the Status of the License Amendment, Dated 4/15/04 ML0421003692004-04-0909 April 2004 Letter Informing the Civil Appeal Scheduling Order #1, Dated 04/09/04 ML0410606222004-04-0505 April 2004 E-mail from Administrative Judge Bollwerk to Nancy Burton Responding to Ms. Burton'S e-mail Re Filing of Reply to the Licensee and NRC Staff Responses to Connecticut Coalition Against Millstone'S Motion for Reconsideration and to Vacate ML0411302362004-04-0202 April 2004 Letter from Nancy Burton to Chief Administrative Judge Bollwerk Informing That She Intends to File a Reply on 04/05/04 to the Licensee and Staff Answers Re Commission'S 03/24/04 Order ML0409901782004-04-0202 April 2004 Letter from David R. Lewis to Chief Administrative Judge Bollwerk Re Submission of Dominion'S Answer Opposing Ccam'S Motion to Vacate ML0408301412004-03-10010 March 2004 Letter from Margaret J. Bupp and Catherine L. Marco Stating That Connecticut Coalition Against Millstone'S Petition to Intervene and a Request for Hearing Filed on 02/12/04 Should Be Rejected Since It Was Submitted Prematurely ML0407609612004-03-0404 March 2004 Letter of David Lewis Objecting to the 3/1/2004 Burton Letter and Emphasizing That the Burton Petition to Intervene Was Still Premature ML0407609402004-03-0404 March 2004 Letter from the Secretary to Nancy Burton Returning Millstone Intervention Petition ML0410702762004-03-0101 March 2004 Acknowledge Receipt with Index of Filings, Dated 3/1/04 ML0407609582004-03-0101 March 2004 Response of Nancy Burton to the 2/13/2004 Letter of David Lewis That Advised the Secretary That the Burton Petition to Intervene Was Premature ML0406107372004-02-24024 February 2004 Certified Index of Record Dated 02/24/04 ML0405500582004-02-23023 February 2004 Letter Informing Court of Address and Appearances, Dated 2/23/04 ML0407609542004-02-13013 February 2004 Letter to Secretary Indicating That the Petition to Intervene of the Connecticut Coalition Against Millstone Is Premature ML0405005902004-01-23023 January 2004 Petition to Review License Amendment Application and Reconsideration of Final Decision, Dated 01/06/04 ML0405602262004-01-23023 January 2004 Motion for Leave to Intervene for Dominion Nuclear Connecticut, Inc. Dated 01/23/2004 ML0405006112004-01-22022 January 2004 Petition to Review License Amendment Application and Reconsideration of Final Decision, Dated 01/22/04 ML0405006032004-01-15015 January 2004 Request for Hearing, Denied Dated 1/15/04 ML0405005862004-01-12012 January 2004 Pre-Argument Statement (Petition for Review), Dated 01/15/04 ML0405602032004-01-0606 January 2004 Petition for Review, Dated 01/06/2004 ML0326505842003-09-12012 September 2003 09/12/03 - Letter from Ann P. Hodgdon to Ms. Annette L. Vietti-Cook Enclosing a Corrected Certificate of Service to Replace the Certificate Filed with the NRC Staff'S Brief on Appeal of LBP-03-12 ML0327212952003-09-10010 September 2003 Petition for Rehearing Denied, Dated 09/10/03 ML0321603582003-07-28028 July 2003 Notice of Firm Name Change ML0321806782003-06-11011 June 2003 Respondent'S Motion to Dismiss Petition for Review Granted Connecticut Coalition Against Millstone, No. 03-4372) Dated 06/11/03 2006-02-01
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A Limited Liability PatnerhipIncluding Professional Corporations DAVID Rl.Itwis 202.8474 David.lewisashawpittman.corn DOCKETED USNRC April 2,2004 April 7, 2004 (9:34AM)
OFFICE OF SECRETARY Chief Administrative Judge RULEMAKINGS AND ADJUDICATIONS STAFF G. Paul Bollwerk, III Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Units 2 and 3)
Docket Nos. 50-336-LR and 50423-LR
Dear Judge Bollwerk:
On February 12, 2004, the Connecticut Coalition Against Millstone (CCAM) filed a Petition to Intervene and Request for Hearing (Petition) relating to the application by Dominion Nuclear Connecticut, Inc. (Dominion) for renewal of the operating licenses for the Millstone Power Station, Units 2 and 3. Because the application was still undergoing an acceptance review and had not been docketed, and no notice of opportunity for hearing had yet been issued, the NRC Office of the Secretary returned the Petition to CCAM on March 4. A notice of docketing and opportunity for hearing was later issued on March 12.
69 Fed. Reg. 11,897 (2004). Subsequently, on March 22, CCAM filed a "Motion to Vacate NRC Secretary Determnination of Petition Prematurity and to Accept Petition to Intervene and Request for Hearing As of Date of Filing and to Apply "Old" CFR Rules to Said Petition" (CCAM's Motion to Vacate). At the same time, CCAM transmitted back to the Secretary by electronic mail a copy of its Petition, still dated February 12, unchanged, unsigned, and without a certificate of service.' On March 25, the Commission referred CCAM's Petition to the Atomic Safety and Licensing Board, while retaining jurisdiction over CCAM's Motion to Vacate.
Dominion has submitted to the Commission its answer opposing CCAM's Motion to Vacate. A copy of Dominion's answer is attached. As discussed in that answer, CCAM's failure to recognize and adhere to the Commission's new rules of practice is disorderly and confusing.
' Electronic message from Nancy Burton to the Commissioners, NRC Staff and Parties (March 22, 2004).
Washington, DC Northem Virginia Temnph/ate= c- 0 3 lSE /- oL New York Los Angeles 2500 N Steet, NW Washington. DC 20037-1128 202.663.8000 Fax: 202.663.8007 www.showpittmon.com London
Chief Administrative Judge G. Paul Bollwerk, III April 2, 2004 Page 2 In particular, CCAM has not submitted a new petition conforming with the Commission's current rules. Rather, CCAM's electronic message on March 22 states that CCAM resubmits is Petition "as earlier filed on February 12, 2004." The Petition remains dated February 12, 2004, is unsigned, is not accompanied by any certificate of service, and has not been properly served. 2 It appears identical to the previous, premature request, written without regard to the new rules. Thus, while the Petition lists certain items as contentions, it states that "CCAM will elaborate upon the basis for this petition in its formal submission of contentions" (CCAM Petition at 2), implying that the items in the Petition do not represent CCAM's formal contentions. Further, the Petition states that CCAM reserves the right to supplement its petition. CCAM's Petition at 11. While the old rules provided for the identification of contentions in a supplement to a petition, that procedure no longer exits under the new rules.3 Dominion assumes that CCAM has resubmitted its original Petition to the NRC without change for acceptance as of February 13 and consideration under the old hearing rules, as CCAM's Motion to Vacate insists that the NRC should do. Further, Dominion assumes that the items listed in CCAM's Petition are not CCAM's formal contentions (based on CCAM's statement that it will elaborate in a fonnal submission of contentions),
and that CCAM intends to file a supplement as was allowed under the old rules. Because of the confusion created by CCAM's disregard for the new rules, and to avoid the unnecessary burden and expense of responding to a petition that apparently does not include CCAM's final specification of contentions,' Dominion intends (unless otherwise directed by the Licensing Board) to defer any answer to CCAM's intervention request until a petition conforming to the new rules (iie., a petition not dependent on further 2 While CCAM served a signed, paper copy of its Motion to Vacate, accompanied by a certificate of service, it has not served a signed, paper copy of its "resubmitted" petition.
Therefore, this petition has not been properly served in accordance with 10 C.F.R. § 2.305(c).
3 Under the new hearing rules, an intervention petition must provide a specification of the contentions which the person seeks to have litigated in the hearing, and amended or new contentions may only be filed after the initial filing with leave of the Presiding Officer upon a showing addressing the factors in 10 C.F.R. § 2.309(0(2)(i)-(iii). 10 C.F.R. § 2.309(a), (f)(2).
4 As Dominion observes in its answer to CCAM's Motion to Vacate, CCAM has a history of wasting the resources of the Commission by initiating the hearing process without paying sufficient attention to its own obligations as a participant. See Dominion Nuclear Connecticut.
Inc. (Millstone Nuclear Power Station Unit No. 2), CLI-03-14, 58 N.R.C. 207, 220 (2004).
Chief Administrative Judge G. Paul Bollwerk, III April 2, 2004 Page 3 supplementation) is submitted. 5 If CCAM makes no further filing by the May 11 deadline for intervention requests, Dominion will submit an answer within 25 days after the close of the period for intervention.
Sincerely, David R. Lewis Counsel for Dominion Nuclear Connecticut, Inc.
cc: Service List Attachment 5 For much the same reason, the NRC staff has moved to extend the date for its response to-CCAM's petition, as it may be amended or supplemented, to June 7 (25 days after the close of the intervention period). NRC Staff's Unopposed Motion for Extension of Time to Respond to Connecticut Coalition Against Millstone's Petition to Intervene and Request for Hearing (Apr. 1, 2004). Dominion supports the NRC staff's request, but does not believe a motion is needed when CCAM has failed to submit a signed, properly dated, properly served petition with a final specification of contentions.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket Nos. 50-336-LR
) 50-423-LR (Millstone Power Station, Units 2 and 3) )
SERVICE LIST Chairman Nils J. Diaz Commissioner Edward McGaffigan, Jr.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Commissioner Jeffrey S. Merrifield Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Washington, D.C. 20555-0001 Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Secretary Chief Administrative Judge Att'n: Rulemakings and Adjudications Staff G. Paul Bollwerk, III Mail Stop 0-16 Cl Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission secyenrc.gov, hearingdocketnrc.gov Washington, D.C. 20555-0001 gbpenrc.gov Atomic Safety and Licensing Board Nancy Burton Mail Stop T-3 F23 147 Cross Highway U.S. Nuclear Regulatory Commission Redding Ridge CT 06876 Washington, D.C. 20555-0001 nancyburtonesq~aol .com Catherine L. Marco, Esq.
Margaret Bupp, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 clmgnrc.gov, mjb5@nrc.gov