ML082270680
| ML082270680 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/14/2008 |
| From: | Froehlich W J Atomic Safety and Licensing Board Panel |
| To: | Connecticut Coalition Against Millstone, Dominion Nuclear Connecticut, NRC/OGC |
| SECY RAS | |
| References | |
| 50-423-OLA, ASLBP 08-862-01-OLA-BD01, RAS 996 | |
| Download: ML082270680 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 08/14/08 ATOMIC SAFETY AND LICENSING BOARD SERVED 08/14/08 Before Administrative Judges:
William J. Froehlich, Chairman Dr. Paul B. Abramson Dr. Michael Kennedy In the Matter of
Dominion Nuclear Connecticut, Inc.
(Millstone Power Station, Unit No. 3)
Docket No. 50-423-OLA
ASLBP No. 08-862-01-OLA-BD01
August 14, 2008 MEMORANDUM AND ORDER (Requesting Legal Briefs from CCAM, Dominion, and the NRC Staff)
Currently before the Board are three motions by Connecticut Coalition Against Millstone and Nancy Burton (CCAM) that essentially seek leave to file new and/or amended contentions in this proceeding, 1 as well as Answers from Dominion Nuclear Connecticut, Inc. (Dominion) and the NRC Staff opposing CCAM's request for nunc pro tunc relief and continuing waiver of the electronic filing requirements.
2 1 [CCAM] Revised Motion for Leave to File their New and/or Amended Contentions Based on Receipt of New Information and for Continuing Waiver of Electronic Filing (Aug. 7, 2008); [CCAM] Motion for Leave to File their "Motion for Leave to File New and/or Amended
Contentions Based on Receipt of New Information" Dated July 18, 2008), Nunc Pro Tunc , and for Continuing Waiver of Electronic Filing (July 31, 2008) [hereinafter July 31 motion]; [CCAM]
Motion for Leave to File and/or Amended Contentions Based on Receipt of New Information (July 18, 2008) [hereinafter July 18 motion].
2 [Dominion's] Answer Opposing July 31, 2008 Motion of [CCAM] (Aug. 8, 2008); NRC Staff's Answer Opposing Petitioner's Motion Dated July 31, 2008 for Nunc Pro Tunc Relief and Continuing Waiver of Electronic Filing (Aug. 11, 2008).
To assist with its consideration of the motions now before it, 3 the Board requests that CCAM, Dominion, and the Staff file legal briefs on the following issues: 1. At what stage in the licensing process does the record close such that a new contention request must also meet the requirements of 10 C.F.R. § 2.326? 2. Is the answer to (1) the same for cases where contentions are admitted rather than cases where there are no admitted contentions? See, e.g., Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-06-4, 63 NRC 32 (2006). 3. Do not the Commission's regulations contemplate an opportunity to file new or amended contentions provided that the circumstances under section 2.309(f)(2) have been met? 4. If the licensing process is ongoing and new or amended contentions arise, under what circumstances would a motion to reopen be required in addition to a motion
under 10 C.F.R. § 2.309(f)(2)?
3 Because this Board in LBP-08-09 denied CCAM's initial petition to intervene and request for hearing, and because this decision was appealed to the Commission, the Commission would have jurisdiction over these motions. However, on August 5, 2008, the
Office of the Secretary of the Commission (SECY) informed the Board and the participants via
e-mail that it was referring the July 31 motion to the Board for consideration and appropriate
action, and also attached the July 18 motion for the Board's review. E-mail from Emile Julian, Assistant for Rulemakings and Adjudications, Office of the Secretary, Nuclear Regulatory
Commission, to the Millstone Licensing Board (Aug. 5, 2008, 10:17 AM EDT). On August 11, 2008, SECY followed this e-mail with a formal order referring the July 31 motion for the Board to
take "any action it deems appropriate." Commission Order (Aug. 11, 2008) (unpublished). The
Board views these two referral actions from SECY as delegating jurisdiction to the Board to
consider and resolve issues relating to all of the motions enumerated in notes 1 and 2 above, as
well as any further pleadings related to these motions.
On August 13, 2008, the Commission affirmed this Board's decision in LBP-08-09 and
denied CCAM's appeal. CLI-08-17, 67 NRC __, __ (slip op. at 18) (Aug. 13, 2008).
The Board requests that initial briefs on these issues be filed no later than Monday, August 25, 2008 and responsive briefs be filed no later than Tuesday, September 2, 2008. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD 4
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
Rockville, Maryland
August 14, 2008
4 Copies of this order were sent this date by the agency's E-Filing system to counsel for (1) applicant Dominion Nuclear Connecticut, Inc.; (2) the Connecticut Coalition Against Millstone
and Nancy Burton; and (3) the NRC Staff. A courtesy copy was also sent to these individuals
via e-mail.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
DOMINION NUCLEAR CONNECTICUT, INC. ) Docket No. 50-423-OLA
)
(Millstone Power Station, Unit No. 3) )
)
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing MEMORANDUM AN D ORDER (REQUESTING LEGAL BRIEFS FROM CCAM, DOMINION, AND THE NRC STAFF) have been served upon the following persons by Electronic Info rmation Exchange and on Nancy Burton/CCAM by separate e-mail.
U.S. Nuclear Regulatory Commission. Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001
William J. Froehlich, Chair
Administrative Judge
E-mail: wjf1@nrc.gov Dr. Paul B. Abramson
Administrative Judge
E-mail: pba@nrc.gov Dr. Michael F. Kennedy Administrative Judge
E-mail: mfk2@nrc.gov
Emily Krause Law Clerk E-mail: emily.krause@nrc.gov
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
E-mail: ocaamail@nrc.gov
DOCKET NO. 50-423-OLA MEMORANDUM AND ORDER (REQUESTING LEGAL BRIEFS FROM CCAM, DOMINION, AND THE NRC STAFF) 2U.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 Pillsbury Winthrop Shaw Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 Counsel for Dominion Nuclear Connecticut, Inc.
David R. Lewis, Esq.
Stefanie Nelson, Esq.
Matias Travieso-Diaz, Esq.
Maria Webb, Senior Energy Legal Analyst
Marcella Schiappacasse
E-mail: david.lewis@pillsburylaw.com
- stefanie.nelson@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com maria.webb@pillsburylaw.com marcella.schiappacasse@pillsburylaw.com U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 David Roth, Esq.
Lloyd B. Subin, Esq.
Brian Newell, Paralegal E-mail: david.roth@nrc.gov E-mail: lbs3@nrc.gov E-mail: bpn1@nrc.gov
OGC Mail Center :
OGCMailCenter@nrc.gov Dominion Resources Services, Inc. 120 Tredegar Street, RS-2 Richmond, VA 23219 Lillian M. Cuoco, Senior Counsel
E-mail: Lillian.Cuoco@dom.com Connecticut Coalition Against Millstone Nancy Burton, Esq.
147 Cross Highway
Redding Ridge, CT 06876
E-mail: NancyBurtonCT@aol.com
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 14 th day of August 2008