ML091520590

NRC Staff'S Response to Northern States Power Company'S Motion to Dismiss PIIC Contention 7 as Moot

ML091520590
Person / Time
Site:	Prairie Island
Issue date:	06/01/2009
From:	Mizuno B 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 STAFFS RESPONSE TO NORTHERN STATES POWER COMPANYS MOTION TO DISMISS PIIC CONTENTION 7 AS MOOT The Staff of the U.S. Nuclear Regulatory Commission (Staff) does not oppose Northern States Power Companys (NSPM) Motion to Dismiss 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 NSPMs 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 Boards February 18, 2009 Order, the Staff responded, in timely and full fashion, to NSPMs 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 STAFFS RESPONSE TO NORTHERN STATES POWER COMPANYS 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:

Office of Commission Appellate Administrative Judge Adjudication William J. Froehlich, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop - O-16G4 Mail Stop - T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: ocaamail@nrc.gov Washington, DC 20555-0001 E-mail: wjf1@nrc.gov Office of the Secretary Administrative Judge Attn: Rulemakings and Adjudications Staff Gary S. Arnold Mail Stop: O-16G4 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: HEARINGDOCKET@nrc.gov Washington, DC 20555-0001 E-mail: gxa1@nrc.gov David R. Lewis, Esq.

Administrative Judge Pillsbury, Winthrop, Shaw, Pittman, LLP Thomas J. Hirons 2300 N Street, N.W.

Atomic Safety and Licensing Board Panel Washington, D.C. 20037-1122 Mail Stop - T-3 F23 david.lewis@pillsburylaw.com U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: thomas.hirons@nrc.gov

Phillip R. Mahowald, Esq. Peter M. Glass, Esq.

General Counsel Xcel Energy Services, Inc.

Prairie Island Indian Community 414 Nicollet Mall Legal Department Minneapolis, Minnesota 55401 5636 Sturgeon Lake Road peter.m.glass@xcelenergy.com Welch, MN 55089 E-mail: pmahowald@piic.org

/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