ML20151Z705
| ML20151Z705 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/18/1998 |
| From: | Cole R, Cotter B, Lam P Atomic Safety and Licensing Board Panel |
| To: | DUKE POWER CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#398-19529 98-752-02-LR, 98-752-2-LR, CLI-98-17, LR, NUDOCS 9809220082 | |
| Download: ML20151Z705 (10) | |
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UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USHRC ATOMIC SAFETY AND LICENSING BOARD 98 EP 18 M1 :43 Before Administrative Judges:
OFFICE OF SErJitimy B. Paul Cotter, Jr., Chairman RULEWl- F, ' / , .+D Dr. Richard F. Cole EUMG ':iAFF Dr. Peter S. Lam MD I 81998 In the Matter of Docket Nos. 50-269/270/287-LR DUKE ENERGY CORPORATION ASLBP No. 98-752-02-LR (Oconee Nuclear Station, Units 1, 2, and 3)
September 18, 1998 MEMORANDUM AND ORDER On August 11, 1998, the Commission published a notice of opportunity for hearing on the application of Duke Energy Corporation (" Applicant") for a twenty-year extension of the operating licenses for its Oconee Nuclear Station, Units 1, 2, and 3. Egg 63 Fed. Reg. 42,885 (Aug. 11, 1998). By a filing dated September 8, 1998, Petitioners, Mr. Norman Williams, Mr.
William Clay, Mr. W. S. Lesan, and the Chattooga River Watershed Coalition ("CRWC"), seek to intervene in the proceeding on the renewal application. On September 15, 1998, the Commission issued an order referring the Duke application to the Atomic Safety and Licensing Board Panel and prescribing detailed and exacting scheduling directives and policy guidance for the conduct of any hearing. See CLI-98-17, 48 NRC __ (Sept. 15, i 9809220082 980918 f PDC ADOCK 05000269 h e PDR p g
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1998). This Licensing Board was established on September 16, 1998, to preside over the proceeding.
Pursuant to its authority under 10 C.F.R. S 2.718, the Licensing Board sets forth the following directives regarding the' conduct of this proceeding: i
- 1. Answers to Intervention Petition and Supplement to Initial Petition.
Pursuant to 10 C.F.R. S 2.714(c), the Applicant and the NRC Staff.may file an answer to the intervention petition within ten (10) days after its service. Here, however, the Petitioners state in their initial petition that they intend to amend it -- a right recognized in 10 C.F.R. S 2.714 (a) (3) . In order to conduct i this proceeding as expeditiously as possible consistent with fairness to all participants, the Applicant and the Staff each i
need to file only one answer to the Petitioners' intervention petition. The Applicant and the Staff, therefore, shall File ;
their respective answers after the Petitioners file any amendment to'their intervention petition. The answers shall be filed in accordance with the schedule set forth below.
! The Petitioners may amend their intervention petition to address any shortcomings in their initial pleading in addressing l the requirements of 10 C.F.R. S 2.714 (a) (2) by a pleading filed l
r no later than September 30, 1998. The Licensing Board will not
. entertain'any proffered amendments to the interventien petition after that date. The Applicant and the Staff each shall file i
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l their answer to the Petitioners' amenced petition by October 9, !
1998. In the event the Petitioners do not file an amendment to I their intervention petition, the Applicant and the Staff each l shall file an answer to the Petitioners' initial intervention L l petition by October 5, 1998.
l Pursuant to.10 C.F.R. S 2. 714 (b) (1) , the Petitioners shall
! I L file a supplement to their intervention petition containing all l
l their proffered contentions by October 19, 1998. The Petitioners J
i shall separately identify and number each of their proffered contentions in the supplement to their petition. Moreover, the Petitioners should take care to ensure that each proffered, E
separately numbered, contention complies fully with all the requirements of 10 C.F.R. S 2. 714 (b) (2) . Any contention filed j after October 19, 1998, will be considered a late-filed l contention. All late filed contentions must specifically address and meet the requirements set forth in 10 C.F.R. S 2.714 (a) (1)
(1)-(v) . Further, as the Commission indicated in its September l
15, 1998 order, each contention must be within the limited scope I
of this proceeding. Sag CLI-98-17, 48 NRC at __ (slip op. at 2).
The Applicant and the Staff shall file responses to the l
Petitioners' supplement by October 30, 1998.
l 2. Notice of Appearance The attorney or representative of the Petitioners, the
- Applicant, and the NRC Staff each shall file a notice of appearance in conformity with the requirements of 10 C.F.R.
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r 5_2.713(b) by September 25, 1998. If available, each attorney or representative also should include in the appearance notice a i
facsimile number and an Internet e-mail address.
- 3. Prehearing Conference i
.After reviewing the Petitioners' amended petition and !
i j supplement and the answers and responses of the Applicant and the ;
i i i Staff, the Board will make a final determination whether a l I
.prehearing conference to hear argument on the matters before the Board is necessary. If the Board determines that a prehearing l conference should be held, it will be held during the week of November 2, 1998 in the Atomic Safety and Licensing Board Panel Hearing Room, Room T-3B45, Third Floor, Two White Flint North c
l Building, 11545 Rockville Pike, Rockville, Maryland.
- 4. Service on the Licensing Board Members For each plea Mng or other submission filed before the l
Licensing Board or the Commission in this proceeding, in addition to submitting an original and two conforming copies to the Office of the Secretary as required by 10 C.F.R. 5 2.708(d) and serving I
l a copy on every other participant in accordance with 10 C.F.R. S 2.701(b), a participant should serve conforming copies on the L members of the Licensing Board by one of the following methods:
- a. Regular Mail. To complete service on the members of the l
Licensing Board via United States Postal Service first-class mail, a participant should send conforming copies to each of the Licensing Board members at the following address:
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Atomic Safety and Licensing Board Panel l U.S. Nuclear Regulatory Commission l Washington, DC 20555-0001 For regular mail service, the NRC Staff may use the NRC internal mail system (Mail Stop T3 F23) in lieu of first-class mail. .
- b. Overnight or Hand Delivery. To complete service on the members of the Licensing Board via overnight (e.g., express mail) ,
e or hand delivery, a participant should send conformin; copies to each of the Licensing Board members at the following address:
i Atomic Safety and Licensing Board Panel Third Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738
- c. Facsimile Transmission. To complete service on the members of the Licensing Board by facsimile transmission, a j participant should (i) send one copy by rapidfax to the attention of the members of the Licensing Board at (301) 415-5599 (verification (301) 415-7399); and (ii) that same date, send l conforming copies to each of the Licensing Board members by i regular mail at the address given in paragraph 4.1. above. j
- d. E-Mail. To complete service on the members of the Licensing Board by e-mail transmission, a participant should (i) send the filing (which should include the certificate of service) cs a file (preferably in WoroPerfect 5.1 or 6.1 format) attached
.to an e-F. ail mensage directed to each of the Licensing Board I
members (Internet ids: bpcl@nrc. gov, rfcl@nrc. gov, ps10nrc. gov; NRC Agency Upgrade of Technology for Office Systems (AUTOS) Wide
. . . .. _ _ _ _ . - . - __. ~ - , _ __ _
Area Network (WAN) System ids: BPC1, RFC1, PSL); (ii) for any !
attachments or exhibits to a pleading that cannot be transmitted ,
by e-mail, send those documents to the Licensing Board members by [
2 separate facsimile transmission or other means that will ensure :
i receipt by the due date; and (iii) send paper conforming copies that same date to'each of the Licensing Board members by regular mail at the address given in paragraph 4.a. above. ;
- e. Timely Service by Hand Delivery, Facsimile Transmission, or E-Mail. To be timely, any pleading or other submission served !
on the' Licensing Board members by hand delivery, facsimile I i
transmission, or e-mail must be received by the Licensing Board I
no later than 12:00 a.m. midnight Eastern time on the date due.
- f. Service on Other Participants. Whichever of the methods outlined above (e.g., facsimile or e-mail with conforming paper i
copies to follow by mail) is used for service on the Licensing j 1
Board, the participant servicing the pleading should make service !
- on all other participants and the office of the Secretary by the i same or a comparable method.
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- g. Service of All Filings. In accordance with the ;
l Commission's September 15, 1998 order, see CLI-98-17, 48 NBC at
__ (slip op. at 6) and absent some other directive from the l i
Board, all filings in the case directed to the Board shall be served on the Board and the other participants so as to ensure receipt on the day of filing. Absent some other directive from
-the Board, the participants may use any of the methods outlined
above so long as the filing is timely received by the Board and other participants.
- 5. Motions for Extension of Time A motion for extension of time filed with the Board in the I l
proceeding shall be submitted in writing at least three (3) business days before the due date for the pleading or other l submission for which an extension is sought. A motion for an l extension of time must (a) indicate whether the request is opposed or supported by the other partic.'. pants to the proceeding; and (b) demonstrate " unavoidable and extreme circumstences" that i
support permitting the extension. CLI-98-li, 48 NF.C at __ (slip j op. at 6).
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- 6. Opposition to Requests for Extension of Time j Any written opposition to a request for extension of time shall be served on the Board, the Office of the Secretary, and the representative or counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure receipt on the next business day after the filing of the request.
- 7. Exhibits /Attachmert to Filings l If a participant files a pleading or other submission with the Licensing Board that has additional documents appended to it as exhibits or attachments, a separate alpha or numeric designation for each appended document (e.g., Exhibit 1; Attachment A) should be given to each appended document, either
on the first page of the appended document or on a cover / divider sheet in' front of the appended document.
It is so ORDERED.
l THE ATOMIC SAFETY AND LICENSING BOARD I
l 9.. ( ,
- f. Pa61 Cotter, Jr.//ghairman Administrative Judge !
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Dr. Richard F. Cole Administrative Judge 0 O l
\m4e Dr. Peter S. Lam l
Administrative Judge Rockville, Maryland September 18, 1998 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
In the Matter of DUKE ENERGY CORPORATION Docket No.(s) 50-269/270/287-LR (Oconee Nuclear Station, Units 1, 2, and 3)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER - 9/18 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Chief Admin. Judge Office of Commission Appellate B. Paul . Cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety end Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Lawrence J. Chandler, Esquire Paul R. Neidon, Esquire Office of the teneral Counsel Duke Energy Corporation Mail Stop 15 B18 422 South Church Street U.S. Nuclear Regulatory Comission Charlotte, NC 28201 Washington, DC 20555 J. Michael McGarry, III, Esquire Winston & Strawn Norman " Buzz" Williams
_1400 L Street, N.W. 190 Mountain Cove Rd.
i Washington, DC 20005 Mountain Rest, SC 2ES64 l
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Docket No.(s)50-269/270/287-LR LB MEMORANDUM AND ORDER - 9/18 l
l William " Butch" Clay W. S. Lesan 1 l P.O. Box 53 P.O. Box 66 '
l Long Creek, SC - 29658 Long Creek, SC 29658 Chattooga River Watershed Coalition P.O. Box 2006 Clayton, GA 30525 I
l Dated at Rockville, Md. this 18 day of September 1998 DTfife of the Secretary of the Commission l
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