ML022400640
| ML022400640 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| 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
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DOCKETED USNRC August 27,-2002 (11:30AM)
WINSTON & STRAWN 1400 L STREET, N.W, WASHINGTON, DC 20005-3502 202-371-5700 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Electronic Letterhead 35 W WACKER Rr Q.euo. tL 060 1-9703 312-558-5600 200 PARK A'VN NEWyOwK NY 10166-4193 2 12-2*4-6700 333 SOUTH GRAND AVE 43 RUE OU RHONE Los AN,-IEJ5. CA 90071-1543 1204 GENEVA. SwrITZI0t-O 213-*615-1700 4 1-22-317-75-75 2 1 AvE.H V\\CroR HuGo 7516 PAps, FRANCE 33-1-53-04-8Z-82 August 21, 2002 Michael C. Farrar, Chair Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Washington, DC 20555-0001 Dr. Richard F. Cole Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 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 Indian Point 2, LLC, and Entergy Nuclear Operations, Inc. (collectively, "Entergy") does not intend to submit written filings in this proceeding prior to the scheduled August 27, 2002, prehearing conference.
As the Licensing Board is aware, Petitioner Riverkeeper, Inc. ("Riverkeeper")
failed to supplement its petitions to intervene and propose contentions by the August 12, 2002, deadline set forth in a July 17, 2002, Licensing Board order.'
Instead, Riverkeeper informed the 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 Staffs motions, and instructed Riverkeeper to "have in the other parties' and our hands a 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's prior filings present a valid contention cognizable under the Commission's Rules of Practice," 5 Entergy does not intend to file any further written answer to Riverkeeper's "contentions" by the Licensing Board's earlier-stated August 22, 2002, deadline. Instead, Entergy will offer argument at the August 27, 2002, prehearing conference regarding the sufficiency of Riverkeeper's late 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.
271922.1