ML100820356

2010/03/23-LB Order (Convening Teleconference and Establishing Hearing Schedule.)

ML100820356
Person / Time
Site:	Prairie Island
Issue date:	03/23/2010
From:	Arnold G S, Froehlich W J, Hirons T J Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 17606
Download: ML100820356 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Northern States Power Co.

(Prairie Island Nuclear Generating Plant, Units

1 and 2)

Docket Nos. 50-282-LR and 50-306-LR

ASLBP No. 08-871-01-LR-BD01

March 23, 2010

ORDER (Convening Teleconference and Establishing Hearing Schedule)

On February 16, 2010, this Licensing Board issued an order granting the parties' joint motion to hold in abeyance document disclosure on the Prairie Island Indian Community's (PIIC's) aging management contention based on a weak safety culture.

1 The Board also directed the parties to update the Board on the status of settlement discussions on or before March 19, 2010. On March 19, the parties filed a joint status report on settlement discussions, indicating that "discussions have been constructive" and that the parties "will provide a further status report by April 19, 2010."

2 In accordance with the parties' joint filing, the Board directs the parties to update the Board on settlement discussions by a written report to be filed no later than April 19, 2010. As 1 Licensing Board Order (Granting Joint Motion to Hold Disclosures in Abeyance) (Feb. 16, 2010) (unpublished).

2 Joint Status Report on Settlem ent Discussions (Mar. 19, 2010).

the Board has stated in the past, in accordance with 10 C.F.R. § 2.338, the parties are encouraged to resolve their disputes via settlement talks, thereby avoiding the burden of an evidentiary hearing: The Administrative Dispute Resolution Act of 1996 (ADR Act) encourages the use of alternative dispute resolution by Federal agencies. The parties are encouraged to explore voluntary processes, including settlement talks with or without a neutral, to resolve the issues in this case. Upon request, a settlement judge from the ASLBP could be appointed.

3 On Tuesday, April 13, 2010 at 1:00 p.m. EDT, the Board will convene a telephone conference to discuss the attached schedule governing the Subpart L hearing in this proceeding.

4 These are the dates that will go into effect in the event the parties are unable to resolve their differences by settlement. The parties shall review the attached schedule and, if they object to any of the deadlines, attempt to reach an agreement on any proposed changes. During the April 13, 2010 telephone conference the parties shall be prepared to discuss any such proposed changes and any other procedural matters leading up to the evidentiary hearing in this case. In addition, the telephone conference will serve as an opportunity to discuss the possible use of the digital data management system (DDMS) during the hearing 5 and, if the 3 Notice of Hearing (Application for 20-Year License Renewal), 74 Fed. Reg. 4478, 4479 (Jan.

26, 2009).

4 See 10 C.F.R. Part 2, Appendix B.II, Model Milestones for Hearings Conducted Under 10 C.F.R. Part 2, Subpart L.

5 For more information about the DDMS, see NRC Digital Data Management System (DDMS), http://www.nrc.gov/about-nrc/regulatory/adjudicatory/ddms.html (last visited Mar. 23, 2010).

parties so desire, the status of settlement discussions. Logistical details regarding the teleconference will be distributed by email during the upcoming weeks.

It is so ORDERED. THE ATOMIC SAFETY AND LICENSING BOARD 6 William J. Froehlich, Chairman ADMINISTRATIVE JUDGE

Dr. Gary S. Arnold ADMINISTRATIVE JUDGE

Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE

Rockville, Maryland

March 23, 2010

6 Copies of this order were sent this date by the agency's E-Filing system to counsel for all parties.

Prairie Island License Renewal Hearing Schedule 1 Mandatory disclosures due April 23, 2010 2 Initial written statements of position and prefiled written

testimony and exhibits due June 10, 2010 Reponses to statements of

position and rebuttal

testimony due June 21, 2010 Motions in limine and

motions to strike due July 1, 2010 Responses to motions in

limine and motions to strike

due July 8, 2010 Parties to submit proposed

questions for Board to ask July 20, 2010 Motions for cross-

examination due 3 July 20, 2010 Final telephone prehearing

conference August 3, 2010 Evidentiary hearing August 17, 2010 Proposed findings of fact and conclusions of law due September 16, 2010 Responses due October 1, 2010 Initial decision issued November 15, 2010

1 The following schedule contemplates the litigation of only one contention - PIIC's aging management contention based on a weak safety culture. If any additional new or non-timely contentions are subsequently filed, the Board may need to amend the schedule accordingly.

2 Mandatory disclosures are to be updated on the last business day of each month, beginning in May 2010. Mandatory disclosures includes the witness lists and privilege logs required under

10 C.F.R. § 2.336(a) and (b).

3 These motions are filed in camera, and therefore no answers can be filed.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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) ) )

(License Renewal) )

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing LB ORDER (CONVENING TELECONFERENCE AND ESTABLISHING HEARING SCHEDULE) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate

Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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 U.S. Nuclear Regulatory Commission. Atomic Safety and Licensing Board Panel

Mail Stop T-3F23 Washington, DC 20555-0001

Administrative Judge William J. Froehlich, Chairman E-mail: wjf1@nrc.gov Administrative Judge Gary S. Arnold E-mail: gxa1@nrc.gov

Administrative Judge Thomas J. Hirons

E-mail: thomas.hirons@nrc.gov

Matthew Rotman, Law Clerk

E-mail: mfr1@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel

Mail Stop O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.

Beth Mizuno, Esq.

David Roth, Esq.

Brian G. Harris, Esq.

Maxwell Smith, Esq.

Brian Newell E-mail: elw2@nrc.gov bnm1@nrc.gov der@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov

OGC Mail Center :

OGCMailCenter@nrc.gov

2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (CONVENING TELECONFERENCE AND ESTABLISHING HEARING SCHEDULE)

Xcel Energy Services, Inc.

414 Nicollet Mall

Minneapolis, Minnesota 55401 Peter M. Glass, Counsel for Nuclear Management Company, LLC Joyce A. Gasca Jean Borrett

E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@xcelenergy.com E-mail: jean.l.borrett@xcelenergy.com Prairie Island Indian Community

5636 Sturgeon Lake Road Welch, Minnesota 55089

Philip R. Mahowald, Esq.

E-mail: pmahowald@piic.org Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Stefanie Nelson George, Esq.

Alison M. Crane, Esq.

Jason B. Parker, Esq.

E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.george@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com

[Original signed by Evangeline S. Ngbea ] Office of the Secretary of the Commission

Dated at Rockville, Maryland this 23 rd day of March 2010