ML022400640

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Letter from L. Michael Rafky to the Licensing Board Informing That Entergy Does Not Intend to Submit Written Filings in This Proceeding Prior to the Scheduled August 27, 2002 Prehearing Conference
ML022400640
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 08/21/2002
From: Rafky L
Entergy Nuclear Indian Point 2, Entergy Nuclear Operations, Winston & Strawn
To: Cole R, Mike Farrar, Kelber C
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
+adjud/rulemjr200506, 50-247-OLA, ALSBP 02-798-01-OLA, RAS 4782
Download: ML022400640 (2)


Text

- RAs q~ DOCKETED USNRC August 27,-2002 (11:30AM)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Electronic WINSTON & STRAWN 20005-3502 Letterhead 1400 L STREET, N.W, WASHINGTON, DC 202-371-5700 200 PARK A'VN ' 333 SOUTHGRANDAVE 43 RUE OU RHONE 2 1 AvE.H 7516 V\CroRHuGo PAps, FRANCE 35 W WACKER Rr 1204 GENEVA. SwrITZI0t-O NEWyOwK NY 10166-4193 Los AN,-IEJ5. CA 90071-1543 33-1-53-04-8Z-82 Q.euo. tL 060 1-9703 213-*615-1700 4 1-22-317-75-75 312-558-5600 2 12-2*4-6700 August 21, 2002 Michael C. Farrar, Chair Dr. Richard F. Cole Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Mail Stop T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Dr. Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Washington, DC 20555-0001 Re: Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Unit No. 2)

Docket No. 50-247-OLA

Dear Administrative Judges:

The purpose of this letter is to inform the Licensing Board that Entergy Nuclear does not Indian Point 2, LLC, and Entergy Nuclear Operations, Inc. (collectively, "Entergy")

2002, intend to submit written filings in this proceeding prior to the scheduled August 27, prehearing conference.

As the Licensing Board is aware, Petitioner Riverkeeper, Inc. ("Riverkeeper")

2002, failed to supplement its petitions to intervene and propose contentions by the August 12, the deadline set forth in a July 17, 2002, Licensing Board order.' Instead, Riverkeeper informed See "Memorandum and Order (Setting Date for Prehearing Conference and Schedule for Amending Petition and Filing Contentions)" (July 17, 2002) at 3. That Order also stated p/4/e= secy- o V

Administrative Judges August 21, 2002 Page 2 Licensing Board and parties to the proceeding, by letter dated August 13, 2002, that it "is relying on the contentions outlined in its amended petition for intervention dated April 30, 2002."2 On August 14, 2002, both Entergy and the NRC Staff filed motions to terminate the proceeding.3 On August 15, 2002, the Licensing Board denied Entergy's and the NRC a

Staffs motions, and instructed Riverkeeper to "have in the other parties' and our hands thorough, written response" to those motions by 3:00 p.m. on August 22, 2002.4 Accordingly, given the impending response by Riverkeeper and the Licensing Board's direction that "a key matter for argument at the conference [is] whether Riverkeeper's5 under the Commission's Rules of Practice,"

prior filings present a valid contention cognizable the Entergy does not intend to file any further written answer to Riverkeeper's "contentions" by Licensing Board's earlier-stated August 22, 2002, deadline. Instead, Entergy will offer argument late at the August 27, 2002, prehearing conference regarding the sufficiency of Riverkeeper's filed petition to intervene.

Sincerely, L. Michael Rafky Counsel for Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc.

cc: Service List that answers to proposed contentions were to be filed by Entergy and the Nuclear Regulatory Commission ("NRC") Staff by 5:00 p.m. on August 22, 2002.

2 Letter from K. Coplan to Judge M. Farrar, re: "Indian Point Nuclear Generating Station Unit 2, Docket No. 50-247-OLA" (Aug. 13, 2002) at 1.

See "Entergy Motion to Dismiss Proceeding on an Expedited Basis" (Aug. 14, 2002);

"NRC Staff's Motion to Terminate the Proceeding and Request for Expedited Consideration" (Aug. 14, 2002).

4 "Order (Re Motions for Expedited Rulings)" (Aug. 15, 2002) at 2.

5 Id.

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