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
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 Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (License Renewal for Oyster Creek Nuclear April 5, 2007 Generating Station)
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.
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Order (Prehearing Conference Call Summary, Initial Scheduling Order, and Administrative Directives) (April 19, 2006) (unpublished).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.
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 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.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
)
(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 Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Mitzi A. Young, Esq. Richard Webster, Esq.
Mary C. Baty, Esq. Rutgers Environmental Law Clinic Office of the General Counsel 123 Washington Street Mail Stop - O-15 D21 Newark, NJ 07102-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul Gunter, Director Donald J. Silverman, Esq.
Reactor Watchdog Project Kathryn M. Sutton, Esq.
Nuclear Information Alex S. Polonsky, Esq.
and Resource Service Morgan, Lewis, & Bockius LLP 1424 16th Street, NW, Suite 404 1111 Pennsyvlania Ave., NW Washington, DC 20036 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 Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.
New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 Trenton, NJ 08625-0415 Suzanne Leta John A. Covino, Esq.
NJPIRG Ellen Barney Balint, Esq.
11 N. Willow St. Valerie Anne Gray, Esq.
Trenton, NJ 08608 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