ML100430626
| ML100430626 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 02/12/2010 |
| From: | Bollwerk G P Atomic Safety and Licensing Board Panel |
| To: | Bellefonte Efficiency & Sustainability Team (BEST), Blue Ridge Environmental Defense League, Southern Alliance for Clean Energy |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17200 | |
| Download: ML100430626 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chairman Dr. Anthony J. Baratta Dr. William W. Sager In the Matter of TENNESSEE VALLEY AUTHORITY (Bellefonte Nuclear Plant Units 1 and 2)
Docket Nos. 50-438-CP and 50-439-CP
ASLBP No. 10-896-01-CP-BD01
February 12, 2010 MEMORANDUM AND ORDER (Submission of Joint Petitioners' Reply Pleading)
In its January 15, 2010 initial prehearing hearing order, the Licensing Board established a schedule for (1) the submission of answers by the Tennessee Valley Authority (TVA) and the
NRC staff to the Joint Petitioners
- May 8, 2009 intervention petition; and (2) the Joint Petitioners reply to any TVA and staff answers. See Licensing Board Memorandum and Order (Initial Prehearing Order) (Jan. 15, 2010) at 3 (unpublished). Although TVA and the staff filed their
answers on a timely basis on January 29, 2010, the Board and the other participants have yet to
receive the Joint Petitioners reply.
During the past week, the mid-Atlantic region has experienced a series of snow storms that caused (1) the Nuclear Regulatory Commission (NRC) to authorize early dismissal for the
afternoon of Friday, February 5, 2010; and (2) the federal government in the Washington, D.C.
area to remain closed between Monday, February 8, 2010, and Thursday, February 11, 2010.
- Joint Petitioners include the Blue Ridge Environmental Defense League (BREDL) with its Bellefonte Efficiency and Sustainability (BEST) chapter and the Southern Alliance for Clean Energy (SACE). During that entire period, however, as far as the Board is aware, the agency's E-Filing system has continued to operate to receive and serve filings by participants to this and other agency
adjudications. Further, as far as the Board is aware, up to this point there has been no filing or
other attempt by Joint Petitioners to contact the Board to explain their failure to submit their
reply pleading by the established February 5 deadline.
If Joint Petitioners still intend to submit a reply to the January 29, 2010 answers of TVA and the staff, they must do so on or before noon Eastern Time (ET) on Tuesday, February 16, 2010. As appropriate, their reply pleading should be accompanied by a motion that (1) explains why they failed to file that pleading by the February 5 deadline so as to engender good cause
for their submission delay; and (2) in accord with 10 C.F.R. § 2.323(b), outlines their efforts to
contact TVA and staff counsel to ascertain whether either participant objects to their motion.
Any TVA or staff filing opposing such an motion by Joint Petitioners regarding the filing of their
reply pleading must be submitted on or before noon ET on Wednesday, February 17, 2010. It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
G. Paul Bollwerk, III CHAIRMAN Rockville, Maryland February 12, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-438-CP
) and 50-439 CP (Bellefonte Nuclear Power Plant - ) Units 1 and 2) ) )
CERTIFICATE OF SERVICE I hereby certify that copies of the for egoing MEMORANDUM AND ORDER (SUBMISSION OF JOINT PETITIONERS' REPLY PLEADING) have been served upon the following persons by the Electronic Information Exchange (EIE) with additional service by email on persons marked with*. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chair
Administrative Judge
E-mail: paul.bollwerk@nrc.gov Dr. Anthony J. Baratta Administrative Judge
E-mail: ajb5@nrc.gov
Dr. William W. Sager
Administrative Judge E-mail: william.sager@nrc.gov
Ann Hove, Law Clerk
E-mail: ann.hove@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel
Mail Stop: O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.
E-mail: elw2@nrc.gov Andrea' Jones, Esq.
E-mail: axj4@nrc.gov Brian Newell, Paralegal E-mail: bpn1@nrc.gov David E. Roth, Esq.
E-mail: david.roth@nrc.gov
OGC Mail Center E-mail: OGCMailCenter@nrc.gov
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16C1 Washington, DC 20555-0001
OCAA Mail Center E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001
Hearing Docket E-mail: hearingdocket@nrc.gov
Docket Nos. 50-438 and 50-439-CP MEMORANDUM AND ORDER (SUBMISSION OF JOINT PETITIONERS' REPLY PLEADING) 2 Morgan, Lewis & Bockius, LLP Counsel for Tennessee Valley Authority
1111 Pennsylvania Ave., N.W.
Washington, DC 20004
Kathryn M. Sutton, Esq.
ksutton@morganlewis.com Martin J. O'Neill, Esq.
E-mail: martin.oneill@morganlewis.com Lawrence Chandler, Esq.
E-mail: lchandler@morganlewis.com Mary L. Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Angela Perry Angela.perry@morganlewis.com Tennessee Valley Authority Office of the General Counsel
400 W. Summit Hill Drive, WT 6A-K
Knoxville, TN 37902
Edward J. Vigluicci, Esq.
E-mail: ejvigluicci@tva.gov Scott A. Vance, Esq.
E-mail: savance@tva.gov Maureen H. Dunn, Esq.
E-mail: mhdunn@tva.gov Maria V. Gillen, Esq.
mvgillen@tva.gov Christopher Chandler, Esq.
E-mail: ccchandler0@tva.gov Blue Ridge Environmental Defense League, Inc. (BREDL)
Bellefonte Efficiency & Sustainability Team
(BEST)
P.O. Box 88
Glendale Springs, NC 28629 Louis A. Zeller E-mail: bredl@skybest.com
Eckert Seamans Cherin & Mellott, LLC Counsel for Westinghouse Electric Company
600 Grant Street, 44 th Floor Pittsburgh, PA 15219
Barton Z. Cowan, Esq.
E-mail: teribart61@aol.com Southern Alliance for Clean Energy 428 Bull Street Savannah, GA 31401 Sara Barczak*
E-mail: sara@cleanenergy.org
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 12 th day of February 2010