ML020440575
| ML020440575 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 02/13/2002 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327 CivP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, RAS 3902 | |
| Download: ML020440575 (5) | |
Text
RAS 3902 UNITED STATES OF AMERICA DOCKETED 02/13/02 NUCLEAR REGULATORY COMMISSION SERVED 0213/02 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Richard F. Cole Ann Marshall Young In the Matter of Docket Nos. 50-390-CivP; 50-327 CivP; 50-328-CivP; 50-259-CivP; TENNESSEE VALLEY AUTHORITY 50-260-CivP; 50-296-CivP (Watts Bar Nuclear Plant, Unit 1; ASLBP No. 01-791-01-CivP Sequoyah Nuclear Plant, Units 1 & 2; Browns Ferry Nuclear Plant, Units 1, 2 & 3) EA 99-234 February 13, 2002 FOURTH PREHEARING CONFERENCE ORDER (Telephone Conference, February 5, 2002)
On February 5, 2002, the Atomic Safety and Licensing Board conducted a telephone prehearing status conference (Tr. 168-198). Participating, in addition to the three Licensing Board Administrative Judges, were Brent Marquand, Esq., for Tennessee Valley Authority (TVA), Licensee; and Dennis C. Dambly, Esq. and Jennifer Euchner, Esq., accompanied by Nicholas Hilton, of NRCs Office of Enforcement (OE), for the NRC Staff. Also present were Michelle McKown, Esq., and William Keyser, Esq., law clerks for the Atomic Safety and Licensing Board Panel (ASLBP).
- 1. At the outset, the Board inquired whether discovery had been completed, as previously scheduled. Both parties confirmed that it was in fact complete, that responses to all questions had been received (Tr. 172).
- 2. Next, the Board confirmed that previously-established filing dates could be met by the parties and remained appropriate. In that connection, TVA on February 1, 2002, had timely
filed a motion for summary disposition, and the Staffs response is due on February 20, 2002.
Briefs on various legal issues are to be filed by both parties on March 1, 2002. Lists of witnesses and documents are to be filed by Friday, March 29, 2002.
- 3. The hearing is to commence in Chattanooga, Tennessee on Tuesday, April 23, 2002, and may continue for as long as three weeks. Following discussion with the parties concerning potential hearing locations in the Chattanooga, Tennessee area, the Board has reserved hearing space at the United States Bankruptcy Court, Historic U.S. Courthouse, 31 E. 11th St.,
Chattanooga, Tennessee 37402. The hearing is to commence in Courtroom A, but may need to shift to Courtroom B on certain days. The Courthouse has metal detectors at the entrance, consistent with the practice of all Federal Courts; members of the public are permitted to attend, although NRC or TVA badges will assist in identification.
- 4. All participants agreed that witnesses will be sequestered for the hearing, and that both the Staff and TVA will be permitted to have a party representative of its choice sit with counsel during the hearing. Such person must be identified prior to the hearing, at the April 9, 2002 status conference set forth below. See Tr. 184. The Staff indicated that, in the event TVAs representative would otherwise be a sequestered witness, it would call such representative as its first witness (id.). Further, in order to facilitate the most efficient management of this proceeding, as well as the best use of all parties time, except for good cause shown, if a particular witness is to testify on behalf of both the Staff and TVA, he or she will testify only once, with the scope of testimony or cross-examination not necessarily limited to the direct testimony.
- 4. Any motions in limine must be filed by April 4, 2002, with responses to be filed by April 8, 2002.
- 5. A telephone prehearing status conference is hereby scheduled for Tuesday, April 9, 2002, beginning at 10:00 a.m. EST. (Prior to that date, the Board will identify a passcode number to participate in the conference.) During this conference, the Board will hear argument on any outstanding motions at that time, may issue rulings on any motions in limine, and will consider any other relevant matters, including the schedule for particular witnesses, the manner in which documents (exhibits) are to be marked (Staff Exh. __, TVA Exh. __, or Exh. __), and other trial preparation matters.
It is so ORDERED.
For the Atomic Safety and Licensing Board
/RA/
Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 13, 2002
[Copies of this Order have been e-mailed this date to counsel for each party.]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-390-CIVP,
) 50-327/328-CIVP and (Watts Bar Nuclear Plant, Unit 1; ) 50-259/260/296-CIVP Sequoyah Nuclear Plant, Units 1 & 2; and )
Browns Ferry Nuclear Plant, Units 1, 2 & 3) )
(Order Imposing Civil Monetary Penalty) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB FOURTH PREHEARING CONFERENCE ORDER (TELEPHONE CONFERENCE, FEBRUARY 5, 2002) 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 Charles Bechhoefer, Chairman 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 Richard F. Cole Ann Marshall Young 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 Dennis C. Dambly, Esq. Mark J. Burzynski, Manager Susan S. Chidakel, Esq. Nuclear Licensing Jennifer M. Euchner, Esq. Tennessee Valley Authority Office of the General Counsel 1101 Market Street Mail Stop - O-15 D21 Chattanooga, TN 37402-2801 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket Nos. 50-390-CIVP 50-327/328-CIVP and 50-259/260/296-CIVP LB FOURTH PREHEARING CONFERENCE ORDER (TELEPHONE CONFERENCE, FEBRUARY 5, 2002)
Thomas F. Fine, Esq.
Assistant General Counsel Office of the General Counsel, ET 10A-K Tennessee Valley Authority 400 W. Summit Hill Drive Knoxville, TN 37902
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 13th day of February 2002