ML070950521
| ML070950521 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/05/2007 |
| From: | Hawkens E Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-0219-LR, ASLBP 06-844-01-LR, RAS 13434 | |
| Download: ML070950521 (4) | |
Text
1 Licensing Board Memorandum and Order (Prehearing Conference Call Summary, Initial Scheduling Order, and Administrative Directives) (April 19, 2006) (unpublished). In that Order, this Board directed that [a]ny motion... and any related responsive pleadings to such a motion, shall not exceed ten (10) pages in length absent preapproval of the Licensing Board (id.
at 9). AmerGen failed to comply with this directive when it submitted its 31-page March 30 Motion.
AmerGens noncompliance with this Boards directive constitutes grounds for summarily rejecting its Motion without prejudice. In the interest of efficiency, however, and in the absence of a motion to strike from Citizens, we decline to take such action in this instance. However, in the future, we expect AmerGen - and the other parties to this proceeding - to comply scrupulously with the pro-cedural directives in our April 19 Order and our regulations.
RAS 13434 UNITED STATES OF AMERICA DOCKETED 04/05/07 NUCLEAR REGULATORY COMMISSION SERVED 04/05/07 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of AMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek Nuclear Generating Station)
Docket No. 50-0219-LR ASLBP No. 06-844-01-LR April 5, 2007 ORDER (Granting Citizens Unopposed Motion for Extension of Time to Respond to AmerGens Motion for Summary Disposition and Request to File an Overlength Answer)
On April 4, 2007, the Intervenors in the above-captioned proceeding - hereinafter referred to as Citizens - filed an unopposed request for an extension of time to respond to the March 30, 2007 Motion for Summary Disposition filed by AmerGen Energy Company, LLC (AmerGen).
Citizens state that an additional seven days is necessary - thereby extending the deadline to April 26, 2007 - because their counsel has had longstanding plans to leave the country during the period of time in which the answer would be due. In addition, in compliance with this Boards Memorandum and Order of April 19, 2006,1 Citizens request permission to file an answer that exceeds ten pages in length.
2 Copies of this order were sent this date by Internet e-mail to counsel for: (1)
AmerGen (2) Citizens; (3) the NRC Staff; and (4) New Jersey.
AmerGen consents to both of Citizens requests. The NRC Staff does not object to either request so long as they similarly are allowed an additional seven days to file their answer and are permitted to submit an answer that exceeds ten pages in length.
The Board hereby grants Citizens motion. Citizens and the NRC Staffs answers to AmerGens Motion for Summary Disposition will be due on Thursday, April 26, 2007, and may exceed ten pages in length.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD2
/RA/
E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 5, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
AMERGEN ENERGY COMPANY, LLC
)
Docket No. 50-219-LR
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(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING CITIZENS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMERGENS MOTION FOR
SUMMARY
DISPOSITION AND REQUEST TO FILE AN OVERLENGTH ANSWER) 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 E. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mitzi A. Young, Esq.
Mary C. Baty, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Richard Webster, Esq.
Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 07102-5695 Paul Gunter, Director Reactor Watchdog Project Nuclear Information and Resource Service 1424 16th Street, NW, Suite 404 Washington, DC 20036 Donald J. Silverman, Esq.
Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Morgan, Lewis, & Bockius LLP 1111 Pennsyvlania Ave., NW Washington, DC 20004
2 Docket No. 50-219-LR LB ORDER (GRANTING CITIZENS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMERGENS MOTION FOR
SUMMARY
DISPOSITION AND REQUEST TO FILE AN OVERLENGTH ANSWER)
Bradley M. Campbell, Commissioner New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 Jill Lipoti, Director New Jersey Department of Environmental Protection Division of Environmental Safety and Health P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-0415 J. Bradley Fewell, Esq.
Exelon Corporation 4300 Warrenville Road Warrenville, IL 60555 Suzanne Leta NJPIRG 11 N. Willow St.
Trenton, NJ 08608 John A. Covino, Esq.
Ellen Barney Balint, Esq.
Valerie Anne Gray, Esq.
Caroline Stahl, Esq.
Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &
Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of April 2007