ML13189A327

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NRC Staff Answer to Firstenergy Nuclear Operating Company Motion to Strike
ML13189A327
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 07/08/2013
From: Subin L B, Wachutka J L, Young M A
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-346-LA, ASLBP 13-928-02-LA-BD01, RAS 24792
Download: ML13189A327 (3)


Text

July 8, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) FIRSTENERGY NUCLEAR OPERATING CO.

) Docket No.

50-346-LA ) (Davis-Besse Nuclear Power Station, Unit 1)

) ) NRC STAFF ANSWER TO FIRSTENERG Y NUCLEAR OPERATING COMPANY MOTION TO STRIKE On June 28, 2013, the licensee, FirstEnergy Nuclear Operating Company (FENOC), filed a motion to strike portions of the intervention petition 1 filed jointly by Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Ohio Sierra Club (Petitioners). FirstEnergy Nuclear Operating Company Motion to Strike Portions of Petitioners' Reply, dated June 28, 2013 (FENOC Motion). As indicated in the FENOC Motion, the U. S. Nuclear Regulatory Commission (NRC) staff (Staff) did not take a position on the motion before it was filed, reserving the right to file an answer. See FENOC Motion at 1 n.1.

The Staff subsequently filed a motion to strike portions of Petitioners' reply. NRC Staff Motion to Strike Portions of Joint Petitioners Reply or, in the Alternative, for Leave to Reply, dated July 1, 2013.

1 Petitioners' Reply in Support of 'Petition to Intervene and for an Adjudicatory Public Hearing of FENOC License Amendment Request,' dated June 21, 2013.

The Staff has now had the opportunity to peruse the FENOC Motion and files this answer pursuant to 10 C.F.R. § 2.323(c)

. The Staff does not object to the FENOC Motion. Respectfully submitted,

/Signed (electronically) by/

Mitzi A. Young Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O D21 Washington, DC 20555-0001 Telephone: (301) 415

-3830 E-mail: Mitzi.Young@nrc.gov Executed in Accord with 10 CFR 2.304(d)

Jeremy L. Wachutka Counsel for the NRC Staff

U.S. Nuclear Regulatory Commission Mail Stop O-15-D21 Washington, DC 20555-0001 Telephone: (301) 415

-1571 E-mail: Jeremy.Wachutka@nrc.gov Executed in Accord with 10 CFR 2.304(d)

Lloyd Subin Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O D21 Washington, DC 20555-0001 Telephone: (301) 415

-1988 E-mail: Lloyd.Subin@nrc.gov

Dated at Rockville, Maryland this 8th day of July

, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) FIRSTENERGY NUCLEAR OPERATING CO.

) Docket No.

50-346-LA ) (Davis-Besse Nuclear Power Station, Unit 1)

) ) CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305, I hereby certify that copies of the foregoing "NRC STAFF ANSWER TO FIRSTENERG Y NUCLEAR OPERATING COMPANY MOTION TO STRIKE

," dated July 8

, 2013, have been served upon the Electronic Information Exchange, the NRC's E

-Filing System, in the above captioned proceeding, this 8th day of July

, 2013. /Signed (electronically) by/

Mitzi A. Young Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O D21 Washington, DC 20555-0001 Telephone: (301) 415

-3830 E-mail: Mitzi.Young@nrc.gov

Dated at Rockville, Maryland

this 8th day of July, 2013