ML071560445
| ML071560445 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 06/05/2007 |
| From: | Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 05-400-LR, 07-855-02-LR-BD01, RAS 13719 | |
| Download: ML071560445 (6) | |
Text
UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONRAS 13719 DOCKETED 06/05/07ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 06/05/07Before Administrative Judges:Ann Marshall Young, ChairDr. Peter S. LamDr. Alice MignereyIn the Matter of:CAROLINA POWER & LIGHT COMPANY(Shearon Harris Nuclear Power Plant, Unit 1)Docket No. 50-400-LRASLBP No. 07-855-02-LR-BD01 June 5, 2007ORDER(Regarding Schedule and Guidance for Proceedings)1. This proceeding involves the application of Carolina Power and Light Company(CP&L) to renew the operating license for the Shearon Harris Nuclear Power Plant, Unit 1, for an additional twenty-year period commencing in 2026. In response to a March 20, 2007, notice of opportunity for hearing on the proposed license renewal, Petitioners North Carolina Waste Awareness and Reduction Network (NCWARN) and the Nuclear Information and Resource Service (NIRS) filed, on March 18, 2007, a request for hearing and petition to intervene in accordance with 10 C.F.R. § 2.309. On May 25, 2007, the Secretary of the Commission referred the hearing request and intervention petition to the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel for appropriate action in accordance with 10 C.F.R.
§ 2.346(I), and on May 31 this Licensing Board was established to preside over the proceeding.
Pursuant to 10 C.F.R. § 2.309(h), Applicant and NRC Staff answers to the petition are due 25 days after service of the petition, and the Petitioner may file a reply to such answers within 7 days after service of each answer in accordance with the instructions set forth herein.
Theparties shall, no later than June 8, notify the Licensing Board of the service date(s) of thepetition so that the anticipated filing dates of the answers and reply may be ascertained
. 2. Oral Argument on Petitions; Limited Appearance Session. At this point the LicensingBoard anticipates holding oral argument on the petition, the standing of the petitioners and theadmissibility of their proffered contentions, on either June 28 or July 17, 2007, and may also schedule a limited appearance session as described at 10 C.F.R. § 2.315(a) for the same time period as that set for any oral argument. The parties shall indicate their preferences for thedates in question no later than June 8, 2007; any indication of unavailability for either date shallbe accompanied by an explicit statement of the reasons for such unavailability.In order to facilitate a more productive and efficient oral argument, all parties shouldfamiliarize themselves with relevant NRC case law authority, including that in the following proceedings (available in the Electronic Hearing Docket on the NRC's public website):
PPL Susquehanna LLC (Susquehanna Steam Electric Station, Units 1 and 2), LBP-07-4,__ NRC __ (2007); Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.(Pilgrim Nuclear Power Station), LBP-06-23, __ NRC __ (2006); CLI-06-26, __ NRC __ (2006);
CLI-07-3, __ NRC __ (2007); Amergen Energy Company, LLC (License Renewal for OysterCreek Nuclear Generating Station), CLI-07-8, __ NRC __ (2007).3. Counsel Notices of Appearance. Counsel for all participants who have not yet doneso shall file notices of appearance pursuant to 10 C.F.R. § 2.314(b).4. Service and Format of Pleadings and Other Submissions: For each pleading orother submission filed in this proceeding, the filing party shall (1) send an e-mail or facsimile copy to the Office of the Secretary, the lead counsel or representative for every other party, the members of the Licensing Board, and the Board's law clerk; and (2) submit the original and two conforming paper copies to the Office of the Secretary, and send individual paper copies to the lead counsel or representative for every other party and the members of the Licensing Board.
E-mailed pleadings shall be in Wordperfect or Word in addition to Adobe Acrobat format. The e-mail addresses to use for the Licensing Board members are: AMY@nrc.gov
,PSL@nrc.gov, and both ACM3@nrc.gov and mignerey@mail.umd.edu for Judge Mignerey. Filings should also be emailed to the Board's law clerk, Debra Wolf, at DAW1@nrc.gov. Any attachments or exhibits to a pleading that cannot be transmitted by e-mail should be sent to the Licensing Board members by facsimile transmission (for documents 15 pages or less) or other means that will ensure receipt by the due date, with paper conforming copies mailed that sameday.Facsimile transmission to the Board shall be sent to the attention of the members of theLicensing Board members at 301/415-5599 (verification (301/415-7550).Paper copies for the Board may be mailed by regular first-class mail to the followingaddress:Atomic Safety and Licensing Board PanelU.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001For regular mail service, the NRC staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first class mail.To complete service on Licensing Board members via overnight (e.g., express mail,Federal Express, etc.) or hand delivery, the Board's Washington address above may not beused; a participant must assure that the Licensing Board members are served by any such method at the following address:Atomic Safety and Licensing Board PanelThird Floor, Two White Flint North 11545 Rockville Pike Rockville, MD 208525. Timeliness of Service. For service to be timely, any submission served by handdelivery must be received by the Licensing Board and all other parties by 4:30 p.m. on the due 1Copies of this Order were sent this date by Internet e-mail to all counsel orrepresentatives for participants, if known.date, and service by facsimile transmission or e-mail must be accomplished no later than 11:59p.m. on the due date.Whichever of the methods outlined above is used for service on the Licensing Boardshall also be used for the other parties and the Office of the Secretary.
See also 10 C.F.R.§ 2.305 regarding service of papers and filings.6. Motions. All motions and responses shall comply with 10 C.F.R. § 2.323; includethe certification regarding good faith efforts to resolve matters at issue that is specified in
§ 2.323(b); and, except upon a showing of good cause, apprise the Board of whether and when any other participant intends to oppose or otherwise respond to the motion.For any motion for extension of time, the movant shall serve the motion on the LicensingBoard so that it is received at least three (3) business days before the due date for the pleading or other submission for which an extension is sought; and, in addition, state in the motion, specifically and in detail, the reasons the extension is viewed to be necessary.It is so ORDERED.FOR THE ATOMIC SAFETYAND LICENSING BOARD/RA/________________________Ann Marshall Young, Chair ADMINISTRATIVE JUDGERockville, MarylandJune 5, 2007 1
UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of )
)CAROLINA POWER & LIGHT CO. )Docket No. 50-400-LR
)
)(Shearon Harris Nuclear Power Plant, )
Unit 1) )CERTIFICATE OF SERVICEI hereby certify that copies of the foregoing LB ORDER (REGARDING SCHEDULE ANDGUIDANCE FOR PROCEEDINGS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeAnn Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgePeter S. Lam Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeAlice Mignerey Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Lawrence J. Chandler, Esq.Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001John D. Runkle, Esq.Attorney at Law P.O. Box 3793 Chapel Hill, NC 27515 2Docket No. 50-400-LRLB ORDER (REGARDING SCHEDULE AND GUIDANCE FOR PROCEEDINGS) John H. O'Neill, Jr., Esq.Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the CommissionDated at Rockville, Marylandthis 5 th day of June 2007