ML071650255
| ML071650255 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/30/2007 |
| From: | Uttal S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS 13710 | |
| Download: ML071650255 (5) | |
Text
DOCKETED USNRC May 30,2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD May 31,2007 (4:08pm)
In the Matter of Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc.
(Pilgrim Nuclear Power Station)
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OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket No. 50-293-LR ASLBP No. 06-848-02-LR NRC STAFF MOTION FOR EXTENSION OF TIME TO REPLY TO ENTERGY'S MOTION FOR
SUMMARY
DISPOSITION INTRODUCTION On May 22,2007, Pilgrim Watch, by its representative, Mary Lampert, filed a request for extension of time to reply1 to the May 17, 2007, motion for summary disposition filed by Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc.2 (collectively:
Entergy).
On May 25,2007, Entergy filed its response in opposition to Pilgrim Watch's request.3 On May 28, 2007, Pilgrim Watch filed a reply to Entergy's opposition to its Request.4 On May 30,2007, the Atomic Safety and Licensing Board (Board) issued an order granting the Request.5 1 See Request by Pilgrim Watch for Extension of Time to Reply to Entergy's Motion for Summary
- Judgment, (May 22,2007)
(Request). At the same time, Pilgrim Watch filed a "Notice of Withdrawal of Molly H. Bartlett" as counsel for Pilgrim Watch, and a "Notice of Appearance of Mary Elizabeth Lampert" as representative of Pilgrim Watch.
2 See Entergy's Motion for Summary Disposition of Pilgrim Watch Contention 3, (May 17, 2007).
3 See Entergy's Opposition to Pilgrim Watch Request to Extend Time to Respond to Summary Disposition of Pilgrim Watch Contention 3, (May 24,2007).
4 See Pilgrim Watch's Reply to Entergy'sOpposition to Pilgrim Watch Request to Extend Time to Respond to Summary Disposition of Pilgrim Watch Contention 3, (May 28,2007)
(May 28th Reply).
5 See Order (Granting Request for Extension),
(May 30,2007).
Pursuant to 10 C.F.R. § 2.323(a), the U.S. Nuclear Regulatory Commission Staff (Staff) hereby moves the Board for an extension of time to file its response to Entergy's motion for summary disposition.
DISCUSSION The Board granted Pilgrim Watch's motion to extend time to file a response to Entergy's motion for summary disposition to June 29, 2007.
The Staff respectfully requests that it be afforded an equivalent extension of time to file its response to Entergy's motion.
Both the Commission's Regulations and the Board's scheduling order contemplate the simultaneous filing of responses to motions.
The Board's December 20, 2006 scheduling order provides for simultaneous filings of responses to summary disposition motions,6 as does 10 C.F.R.
§ 2.1205(b) ("Any other party may serve an answer supporting or opposing the motion within twenty (20) days after service of the motion.").7 The Staff submits that it is in keeping with the intention of the Commission's Regulations and the Board's Order that the responses be filed simultaneously.
In addition, granting of the Staff's request and "allowing for a response in accordance with the original response deadline does not create any delay in the already-established schedule for this proceeding."
I certify that I made a sincere effort to contact the other parties and resolve the issue raised in this motion.
Mr. Lewis, counsel for Entergy, and Ms. Hollis, counsel for Plymouth Township, advised that they have no objection to the Staff's motion.
I was unable to reach Ms.
Lampert or Chief Nord before filing this motion.
6 See Order (Establishing Schedule for Proceeding and Addressing Related Matters) at 6, (December 20, 2006).
7 If Pilgrim Watch had conferred with the Staff prior to filing the Request, the above position would have been relayed.
CONCLUSION Based on the foregoing, the Staff respectfully requests that its motion for an extension of time to June 29,2007 to respond to Entergy's motion for summary disposition be granted.
Respea1fully s~bmitte1J I {i I/'
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/L/ /tftJt Susan L. Uttal Counsel for NRC Staff Dated at Rockville, Maryland this 30th day of May, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ENTERGY NUCLEAR OPERATIONS, INC.
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(Pilgrim Nuclear Power Station)
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CERTIFICATE OF SERVICE Docket No. 50-293-LR ASLBP No. 06-848-02-LR I hereby certify that copies of "NRC STAFF MOTION FOR EXTENSION OF TIME TO REPLY TO ENTERGY'S MOTION FOR
SUMMARY
DISPOSITION" in the above-captioned proceeding have been served on the following by electronic mail and deposit in the U.S. Mail Service or by deposit in the U.S. Nuclear Regulatory Commission's internal mail system as indicated by a single asterisk~*), or by deposit in the U.S. mail system, as indicated by a double asterisk (**) this 30t day of May 2007.
Administrative Judge*
Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rfc1 @nrc.qov Administrative Judge*
Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: amy@nrc.qov Sheila Slocum Hollis**
Duane Morris LLP 1667 K Street, NW, Suite 700 Washington, DC 20006 E-mail: sshollis@duanemorris.com Administrative Judge*
Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: pba @nrc.qov Office of Commission Appellate
- Adjudication Mail Stop: 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAMail @nrc.qov Office of the Secretary*
Attn: Rulemaking and Adjudications Staff Mail Stop: 0-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearinqdocket@nrc.qov
Atomic Safety and Licensing Board*
Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mary Lampert 148 Washington Street Duxbury, MA 02332 E-mail:
lampert@adelphia.net Chief Kevin M. Nord**
Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332 E-mail: nord@town.duxburv.ma.us Fax: 781-934-6530 Terence A. Burke, Esq.**
Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62
- Jackson, MS 39213 David R. Lewis, Esq.**
Paul A. Gaukler, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1137 E-mail: david.lewis@pillsburvlaw.com paul.qaukler@pillsburvlaw.com Town Manager**
Town of Plymouth 11 Lincoln St.
Plymouth, MA 02360 E-mail: msylvia@townhall.plvmouth.ma.us Susan L. Uttal Counsel for the NRC Staff