ML022270595
| ML022270595 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  (DPR-026) |
| Issue date: | 08/15/2002 |
| From: | Cole R, Mike Farrar, Kelber C Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-247-OLA, ASLBP 02-798-01-OLA, RAS 4742 | |
| Download: ML022270595 (5) | |
Text
RAS 4742 UNITED STATES OF AMERICA DOCKETED 08/15/02 NUCLEAR REGULATORY COMMISSION SERVED 08/15/02 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael C. Farrar, Chairman Dr. Richard F. Cole Dr. Charles N. Kelber In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, and ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Unit No. 2)
Docket No. 50-247-OLA ASLBP No. 02-798-01-OLA August 15, 2002 ORDER (Re Motions for Expedited Rulings)
Acting on the heels of Riverkeepers August 13 decision to rest on its previous filings rather than to take the proffered opportunity to amend and to supplement its intervention petition, both the NRC Staff and the licensee Entergy moved on August 14 for the expedited termination or dismissal of this proceeding and the concomitant cancellation of the prehearing conference scheduled to be held on Tuesday, August 27. Riverkeeper has, of course, not yet had the opportunity to respond to the pending motions.
Until Riverkeeper does so, the Board is in no position to anticipate the nature of any response that organization might make. We are, however, able to take now the action outlined herein.
We have previously indicated that oral argument at the prehearing conference would be helpful to the Board on the issues related to Riverkeepers standing and the belatedness of its petition (July 17, 2002 Memorandum and Order, p. 3). Similarly, not knowing what Riverkeepers response to the termination/dismissal motions will be, and given the opportunity
2 to use the already-scheduled and fast-approaching conference to hear argument on those motions -- argument which will benefit the Board in deciding all the matters before it -- we decline the Staffs and Entergys invitation to cancel the conference by ruling prior to that time on the acceptability of Riverkeepers contention or on the other issues before us. We believe that our ability to arrive at a sound decision on all those matters -- while using our resources efficiently -- will be enhanced, not retarded, by holding the conference as now scheduled.
Having said that, we note that this weeks filings by the three parties have made into a key matter for argument at the conference the question as to whether Riverkeepers prior filings present a valid contention cognizable under the Commissions Rules of Practice. The Board took some pains to bring those Rules to Riverkeepers attention when we established an August 12 deadline for it to supplement its intervention petition by filing its contention(s) formally (see July 17 Memorandum and Order, pp. 3, 4-5). In that regard, although we are not ready to accept the Staffs and Entergys suggestion that Riverkeeper has in effect defaulted by resting on its previous filings, we do note that we had tentatively suggested that those previous filings appeared to fall short of constituting a formal contention (see July 17 Memorandum and Order,
- p. 3, observing that Riverkeepers prior filings provide some indication of the likely nature of its contention(s); and p. 5, referring to the self-expressed limitations contained in the April 29 letter from petitioners expert, Dr. Christian Meyer).
In these circumstances, we are providing Riverkeeper until 3:00 PM next Thursday, August 22, 2002, to have in the other parties and our hands a thorough, written response to the August 14 Staff and Entergy motions. That response should address at some length the adequacy of Riverkeepers prior filings to serve as the contention(s) contemplated by the Commissions Rules, for that issue will be a key focus of the conference. In this regard, we note that Riverkeepers failure to exercise its opportunity to file any formal contention by the
3 August 12 deadline, and its announced decision to rest on its prior filings, would appear to preclude it from now timely putting new substantive contention material before us, either in the August 22 written filing or at the conference.
For the foregoing reasons, the Tuesday, August 27 conference will PROCEED AS SCHEDULED, and the pre-conference dismissal/termination relief sought by the Staff and Entergy is DENIED.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Michael C. Farrar, Chairman ADMINISTRATIVE JUDGE
/RA/
Richard F. Cole ADMINISTRATIVE JUDGE
/RA/
Charles N. Kelber ADMINISTRATIVE JUDGE Rockville, Maryland August 15, 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR INDIAN POINT 2, LLC )
Docket No. 50-247-OLA AND ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Indian Point Nuclear Generating Station, )
Unit No. 2 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (RE MOTIONS FOR EXPEDITED RULINGS) 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 20555-0001 Administrative Judge Michael C. Farrar, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Charles N. Kelber Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sara E. Brock, Esq.
Catherine L. Marco, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Karl Coplan, Esq.
Pace Environmental Litigation Clinic, Inc.
Counsel for Riverkeeper, Inc.
78 North Broadway White Plains, NY 10603
2 Docket No. 50-247-OLA LB ORDER (RE MOTIONS FOR EXPEDITED RULINGS)
J. Michael McGarry, III, Esq.
Kathryn M. Sutton, Esq.
Brooke D. Poole, Esq.
L. Michael Rafky, Esq.
Winston & Strawn 1400 L Street, NW Washington, DC 20005-3502 John Fulton, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 15th day of August 2002