ML072400312

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LB Order (Ruling on Citizens Motion for an Extension of Time)
ML072400312
Person / Time
Site: Oyster Creek
Issue date: 08/28/2007
From: Abramson P, Anthony Baratta, Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
06-844-01-LR, 50-0219-LR, RAS 14034
Download: ML072400312 (4)


Text

UNITED STATES OF AMERICA DOCKETED 08/28/07 NUCLEAR REGULATORY COMMISSION SERVED 08/28/07 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 August 28, 2007 Generating Station)

ORDER (Ruling on Citizens Motion for an Extension of Time)

On August 24, 2007, Intervenors in the above-captioned proceeding (six organizations hereinafter referred to collectively as Citizens1), submitted to the Licensing Board a Motion for an Extension of Time to file motions and questions it may seek to admit, related to the NRC errata, which was filed after 5 pm on August 23, 2007.2 Citizens request that the deadline to submit questions and motions relating to the NRC errata be extended until September 18.

According to Citizens Motion, AmerGen does not object to the request for an extension of time, however, the NRC Staff would only agree to an extension until August 31 (Citizens Motion at 2 n.1).

1 The six organizations are Nuclear Information and Resource Service, Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation.

2

[Citizens] Motion to Cross-Examine Peter Tamburro and For an Extension of Time Regarding NRCs Errata at 2 (Aug. 24, 2007) [hereinafter Citizens Motion]. Citizens motion, in addition to requesting an extension of time, also requests permission for Citizens to cross-examine Mr. Tamburro. The Board will issue its ruling on the latter request after it has received responses from AmerGen and the NRC Staff.

Because the NRC Staffs errata consisted of a single change to one answer (see Letter from Mitzi Young to Administrative Judges (Aug. 23, 2007) (correcting a misstatement in Answer 28)), we agree with the Staff that the requested extension is excessive. Citizens time to file any motions and questions regarding the NRC Staffs August 23 errata is extended until Wednesday, September 5, 2007.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD3

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland August 28, 2007 3

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 (RULING ON CITIZENS MOTION FOR AN EXTENSION OF TIME) 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, Reactor Oversight Donald J. Silverman, Esq.

Beyond Nuclear Kathryn M. Sutton, Esq.

Nuclear Policy Research Institute Alex S. Polonsky, Esq.

6930 Carroll Avenue, Suite 400 Morgan, Lewis & Bockius LLP Takoma Park, MD 20912 1111 Pennsyvlania Ave., NW Washington, DC 20004

2 Docket No. 50-219-LR LB ORDER (RULING ON CITIZENS MOTION FOR AN EXTENSION OF TIME)

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 28th day of August 2007