ML14259A576

NRC Staff'S Unopposed Motion to Clarify or Set a Filing Schedule for the Petition to Intervene and Request for Hearing by Friends of the Earth Concerning Diablo Canyon

ML14259A576
Person / Time
Site:	Diablo Canyon
Issue date:	09/16/2014
From:	Roth D E NRC/OGC
To:	NRC/OCM
SECY RAS
References
50-275, 50-323, License Amendment, RAS 26504
Download: ML14259A576 (4)

Text

September 16, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

In the Matter of )

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275/50-323

)

(Diablo Canyon Power Plant) )

NRC STAFF'S UNOPPOSED MOTION TO CLARIFY OR SET A FILING SCHEDULE FOR THE PETITION TO INTERVENE AND REQUEST FOR HEARING BY FRIENDS OF THE EARTH CONCERNING DIABLO CANYON

Pursuant to 10 C.F.R. § 2.323, the NRC staff (Staff) hereby submits this unopposed request to clarify or set a schedule for answers and replies to the Petition to Intervene and

Request for Hearing by Friends of the Earth (FOE) (Petition) dated August 26, 2014 and

submitted electronically through the E-Filing sy stem on September 11, 2014. If the Commission entertains answers and replies to FOE's Petition, the Staff requests that answers be due 25

days after submission via the E-Filing system wa s made, and replies be filed within seven days after service of those answers.

In support of this request, the Staff states as follows:

1. By e-mail on September 11, 2014, at 9:59 A.M., Emile Julian, Assistant for

Rulemakings and Adjudications, Office of the Secretary, informed Richard Ayers, of the

following:

Although you submitted your recent Diablo Canyon petition by email and in paper copy; in order to comply with our Electronic

Information Exchange (EIE) submission rules, our Commission

advisers have advised that you refile your petition through the EIE

submittal process. In addition to being a regulatory requirement it

helps in the docketing process and in making your petition publicly

available.

2. On September 11, 2014, FOE submitted its petition using the NRC's E-filing system.

3. On September 11, 2014, at 12:22 P.M., the Office of the Secretary (SECY) sent

an e-mail notification that SECY received the Petition to Intervene submitted by Jessica Olson

who is affiliated with Ayres Law Group. The e-mail from SECY instructed recipients on how to

retrieve FOE's filing, 1 and stated "Receipt of this message constitutes completion of service of this filing."

4. Pursuant to 10 C.F.R. § 2.302(a), documents filed in Commission adjudicatory

proceedings shall be electronically transmitted through the E-Filing system, unless the

Commission or presiding officer grants an exemption permitting an alternative filing method or

unless the filing falls within 10 C.F.R. § 2.302(g)(1).

5. Pursuant to 10 C.F.R. § 2.305(c) Method of service accompanying a filing.

Service must be made electronically to the E-Filing system. Upon an order from the

Commission or presiding officer permitting alternative filing

methods under § 2.302(g)(4), service may be made by personal

delivery, courier, expedited delivery service, or by first-class,

express, certified or registered mail. * *

• 1 Petition to Intervene and Request for Hearing by Friends of the Earth (Aug. 26, 2014) (ADAMS Accession No. ML14254A231); Attach. A, Part 1, Dr

. Michael Peck Dissenting Professional Opinion (undated) (ADAMS Accession No. ML14254A230); Attach

. A, Part 2, Dr. Michael Peck Dissenting Professional Opinion (undated) (A DAMS Accession No. ML14254A232); Atta ch. B, Declaration of Erich Pica (June 4, 2014) (ADAMS Accession No. ML14254A224);

Attach. C, Declaration of Elizabeth Brousse (May 15, 2014) (ADAMS Accession No

. ML14254A225); Attach. D, Declaration of Thomas Danfield (May 20, 2014) (ADAMS Accession No. ML14254A236); Attach.

E, Declaration of Jill Denton (May 7, 2014)

(ADAMS Accession No. ML14254A226); Attach. F, Declar ation of Gail Jacobson (May 8, 2014) (ADAMS Accession No. ML14254A235); Attach. G, Declarati on of Jeffrey Pienack (May 5, 2014) (ADAMS Accession No. ML14254A234); Certificate of Serv ice (Aug. 26, 2014) (ADAMS Accession No.

ML14254A233); Notice of Appearance of John Ber netich (Aug. 26, 2014)

(ADAMS Accession No.

ML14254A229); Notice of Appearance of Jessica Olson (Aug. 26, 2014) (ADAMS Accession No.

ML14254A228); Notice of Appearance of Richard Ayres (Aug. 26, 2014)

(ADAMS Accession No.

ML14254A227); Letter from R. Ayres to Commissioner s, "Request that the NRC open a docket for the de facto license amendment proceeding for Diablo Cany on Units 1 and 2" (Aug. 26, 2014) (ADAMS Accession No. ML14254A237). The documents are available at ADAMS Package Accession No.

ML14254A223.

6. Pursuant to 10 C.F.R. §§ 2.309(i)(1) and (2), unless otherwise specified by the Commission, the presiding officer, or the licensee, or the Atomic Safety and Licensing Board

designated to rule on the request, answers to a hearing request or intervention petition are due

within 25 days after service of the request or petition, and replies must be filed within 7 days

after service of those answers.

7. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel

for the FOE and for Pacific Gas and Electric Company, all of whom stated that they had no

objection to filing of this motion to clarify or set a filing schedule.

WHEREFORE, consistent with NRC's regulations addressing E-filing procedures, the

NRC Staff respectfully requests that the Commission clarify or set a schedule for submission of

answers and replies associated with FOE's Petition. Specifically, if the Commission entertains

answers and replies, the NRC Staff request that the Commission clarify that the 25-day period

to answer the Petition commences with the FOE's E-Filing of the Petition on September 11,

2014. Accordingly, answers will be due on October 6, 2014 and replies will be due on

October 14, 2014.

2 Respectfully submitted,

/Signed (electronically) by/ David E. Roth Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail:

David.Roth@nrc.gov Dated at Rockville, Maryland

this 16th day of September, 2014 2 Seven days after October 6 falls on October 13th, a federal holiday. Accordingly, replies would be due on October 14th. 10 C.F.R. § 2.306(a).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

In the Matter of )

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275/50-323

)

(Diablo Canyon Power Plant) )

CERTIFICATE OF SERVICE

I hereby certify the foregoing "NRC STAFF'S UNOPPOSED MOTION TO CLARIFY OR SET A

FILING SCHEDULE FOR THE PETITION TO INTERVENE AND REQUEST FOR HEARING BY

FRIENDS OF THE EARTH CONCERNING DIABLO CANYON" dated September 16, 2014, has

been filed through the E-Filing system.

/Signed (electronically) by/ David E. Roth Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail:

David.Roth@nrc.gov

Dated at Rockville, Maryland

this 16th day of September, 2014