ML20151Z553

Bg&E Answer to Petitioners Filing in Response to Prehearing Order.* Natl Whistleblower Ctr Failed to Demonstrate Standing of at Least One Admissible Contention.Petition Should Be Dismissed.With Certificate of Svc

ML20151Z553
Person / Time
Site:	Calvert Cliffs
Issue date:	09/16/1998
From:	Doris Lewis BALTIMORE GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#398-19527 98-749-01-LR, 98-749-1-LR, LR, NUDOCS 9809220021
Download: ML20151Z553 (4)

Text

. _ . - . .. .- _ ._. _ - .

o

, b September 16,1998 12 UNITED STATES OF AMERICA N

bk A 9 NUCLEAR REGULATORY COMMISSION

-/ ooosnido Hefore the Atomic Safety and Licensing Board

!~7 i

SEP 161998 FAAlmMeWBMD J""

In the Matter of ) STg" p

) Docket Nos. 50-317-LR A Baltimore Gas and Electric Company ) 50-318-LR , ' , W/

)

, (Calvert Cliffs Nuclear Power Plant, ) ASLBP No. 98-749-01-LR Units 1 and 2) )

BALTIMORE GAS AND ELECTRIC COMPANY'S ANSWER TO PETITIONER'S FILING IN RESPONSE TO PREIIEARING ORDER On September 11,1998, in disregard for the Licensing Board's Initial Prehearing Order, the National Whistleblower Center (NWC) submitted " Petitioner's Filing in Response to the Board's Initial Prehearing Order," which essentially refused to provide contentions or otherwise supplement NWC's petition on the schedule established by the Board. Although Baltimore Gas and Electric Company's (BGE) application has been available for months (and many portions available for over a year),' NWC has made no effort to proffer even one contention. Further, NWC asserts that it would be " futile" to file contentions after September 11, apparently signaling that it has no intent to do so in the future. Likewise, NWC has made no effort to address the deficiencies in its standing that were pointed out by BGE and the NRC staff.2 And while NWC has nled with the Commission a Petition for Review of the Board's August 27,1998

' See BGE' Answer Opposing Petitioner's Motion for Enlargement of Time (Aug. 24,1998) at 2.

• Ece Baltimore Gas and Electric Company's Answer to Petition to Intervene and Request for 11 earing of the National Whistleblower Center (Aug. 24,1998); NRC Staff's Response to the National Whistleblower Center's Request for a 11 earing and Petition to Intervene ( Aug. 27,1998).

9909220021 990916 F PDR ADOCK 05000317  !

O PDR l 03

Memorandum and Order Denying Petitioner's Motion for Enlargement of Time, N WC has sought no stay from the Commission. Instead,it has chosen to ignore the Board's directives.

In light of NWC's filing, there is no need for further responses of the NRC staff and BGE, which the Board scheduled for October 2, or for the October 15 Prehearing Conference.

Instead, the Licensing Board should rule now on NWC's petition. Since NWC has failed to demonstrate standing or advance at least one admissible contention, its petition should be immediately dismissed. Any other course or delay would simply condone NWC's intransigence.

Respectfully submitted,

~

David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8474 Counsel for Licensee Dated: September 16,1998 pedocs # 615215 2

- 1

%by

- 5 4 txxaumo b UNITED STATES OF AMERICA _'

NUCLEA R REGULATORY COMMISSION S SEP f 61998 fatasuguesmo Before the Atomic Safety and Licensine Board j\ N8WS aumse .x

@M 4 In the Matter of ) Y.3N Docket Nos. 50-317-LiC

)

Baltimore Gas and Electric Company ) 50-318 LR

)

(Calvert ClitTs Nuclear Power Plant, ) ASLBP No. 98-749-01-LR Units I and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Baltimore Gas and Electric Company's Answer to Petitioner's Filing in Response to Prehearing Order," dated September 16,1998, were served upon the persons listed below by deposit in the United States mail, first class, postage prepaid, this 16th day of September,1998. Where indicated by an asterisk, conforming copies were also served by facsimile or electronic mail this same date.

• G. Paul Bollwerk, III, Esq., Chairman *Dr. Jerry R. Kline Administrative Judge Administrative Judge 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, D.C. 20555-0001 Washington, D.C. 20555-0001 (E-mail: GPB@NRC. gov) (E-mail: JRK2@NRC. gov)

• Thomas D. Murphy Adjudicatory File Administrative Judge 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, D.C. 20555-0001 Washington, D.C. 20555-0001 (E-mail: TDM@NRC. gov)

s

• Janice E. Moore, Esq. ' Office of the Secretary Robert M. Weisman, Esq. U.S. Nuclear Regulatory Commission Marian L. Zobler, Esq. Washington, D.C. 20555-0001 Office of the General Counsel Att'n: Rulemakings and Adjudications Staff Mail Stop O-15 B18 - (E-mail: SECY@NRC. gov)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555

'(E-mail:: JEM@NRC. gov,-

RMW@NRC. gov, MLZ@NRC. gov)

Office of Commission Appellate Adjudication

• Michael D. Kohn, Esq. Mail Stop 16-C-1 OWFN Stephen M. Kohn, Esq. U.S. Nuclear Regulatory Commission David K. Colapinto, Esq. Washington, D.C. 20555 National Whistleblower Center 3233 P Street, N.W.~

Washington, D.C. 20007

\

m C-David R. Lewis 1

2