ML091520590

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2009/06/01-NRC Staff'S Response to Northern States Power Company'S Motion to Dismiss Piic Contention 7 as Moot
ML091520590
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 06/01/2009
From: Mizuno B N
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 3960
Download: ML091520590 (4)


Text

June 1, 2009

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of )

)

NORTHERN STATES POWER COMPANY ) Docket Nos. 50-282-LR/ 50-306-LR ) (Prairie Island Nuclear Generating Plant, )

Units 1 and 2) )

NRC STAFF'S RESPONSE TO NORTHERN STATES POWER COMPANY'S MOTION TO DISMISS PIIC CONTENTION 7 AS MOOT

The Staff of the U.S. Nuclear Regulatory Commission ("Staff") does not oppose Northern States Power Company's ("NSPM") Motion to Dism iss PIIC Contention 7 as Moot. In that motion, NSPM states that it consulted with the parties in advance of filing. However, the NSPM

motion does not state what position the Staff took with respect to dismissing Contention 7 as

moot. On May 21, 2009, when counsel for NSPM called to consult the NRC Staff regarding the

pending motion, counsel for the Staff informed NSPM's counsel that the Staff would not oppose

the motion. The Staff is filing this response to clarify that, in accordance with 10 CFR 2.323(b) and the Board's February 18, 2009 Order, the Staff responded, in timely and full fashion, to NSPM's request for consultation.

Respectfully submitted,

/Signed (electronically) by/

Beth N. Mizuno Counsel for NRC Staff

U.S. Nuclear Regulatory Commission

Mail Stop O-15D21

Washington, DC 20555-0001

(301) 415-3122

Beth.Mizuno@nrc.gov

Dated at Rockville, Maryland

this 1st day of June 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of )

)

NORTHERN STATES POWER COMPANY ) Docket Nos. 50-282-LR/ 50-306-LR

)

(Prairie Island Nuclear Generating Plant ) ASLBP No. 08-871-01-LR-BDOI Units 1 and 2 )

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing "NRC STAFF'S RESPONSE TO NORTHERN

STATES POWER COMPANY'S MOTION TO DISMISS PIIC CONTENTION 7 AS MOOT,"

dated June 1, 2009 have been served upon the following by the Electronic Information

Exchange, this 1st day of June, 2009:

Administrative Judge

William J. Froehlich, Chair

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: wjf1@nrc.gov

Administrative Judge

Gary S. Arnold

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: gxa1@nrc.gov

Administrative Judge

Thomas J. Hirons

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: thomas.hirons@nrc.gov

Office of Commission Appellate Adjudication

U.S. Nuclear Regulatory Commission

Mail Stop - O-16G4

Washington, DC 20555-0001

E-mail: ocaamail@nrc.gov

Office of the Secretary

Attn: Rulemakings and Adjudications Staff

Mail Stop: O-16G4

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: HEARINGDOCKET@nrc.gov

David R. Lewis, Esq.

Pillsbury, Winthrop, Shaw, Pittman, LLP

2300 N Street, N.W.

Washington, D.C. 20037-1122

david.lewis@pillsburylaw.com

Phillip R. Mahowald, Esq.

General Counsel

Prairie Island Indian Community

Legal Department

5636 Sturgeon Lake Road

Welch, MN 55089

E-mail: pmahowald@piic.org Peter M. Glass, Esq.

Xcel Energy Services, Inc.

414 Nicollet Mall

Minneapolis, Minnesota 55401

peter.m.glass@xcelenergy.com

/Signed (electronically) by/

Beth N. Mizuno Counsel for NRC Staff

U.S. Nuclear Regulatory Commission

Mail Stop O-15D21

Washington, DC 20555-0001

(301) 415-3122