ML073310484
| ML073310484 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/27/2007 |
| From: | Lathrop H, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, 50-0247-LR, 50-286-LR, RAS 14680 | |
| Download: ML073310484 (5) | |
Text
1 Extension Request of Clearwater (Nov. 23, 2007).
2 The Request for Hearing and Petition to Intervene must be served so that it is received by the Board, the NRC Staff and Entergy on or before December 10, 2007. Copies should also be sent to Counsel for WestCan, CAN, RCCA, and PHASE; Counsel for the Sierra Club -
Atlantic Chapter; Sherwood Martinelli, the representative for FUSE; the New York Affordable Reliable Electricity Alliance; and Counsel for the New York City Economic Development Corporation.
UNITED STATES OF AMERICA DOCKETED 11/27/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD SERVED 11/27/07 Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-0247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 November 27, 2007 ORDER (Granting an Extension of Time to Clearwater Within Which to File Requests For Hearing)
In a letter dated November 23, 2007, which was signed by Manna Jo Green on behalf of Hudson River Sloop Clearwater, Inc. (Clearwater), that public interest group requested an extension of time within which to file a Request for Hearing and Petition to Intervene.1 We grant that motion. Clearwater may submit a Petition to Intervene and Request for Hearing on or before December 10, 2007.2 A similar request for an extension of time had been submitted to the Nuclear Regulatory Commission (NRC or the Commission) by Friends United for Sustainable Energy (FUSE) on November 7, 2007. FUSEs request for an extension of time was granted in part by the 3 Commission Order (Granting an Extension of Time) (Nov. 16, 2007).
4 Id. at 1.
5 E-mail from Emile I. Julian, Assistant for Rulemakings and Adjudications, Office of the Secretary, NRC, to Susan Shapiro, Esq. (Nov. 20, 2007).
6 Commission Order (Granting an Extension of Time) (Nov. 16, 2007).
Commission on November 16, 20073 and FUSE was given an additional 10 days, until December 10, 2007, within which to file Requests for Hearing and Petitions to Intervene.4 In addition, the Commission directed that any further requests for extensions of time should be submitted to this Board.5 Accordingly, this request was properly directed to this Board. However, this Motion for an Extension of Time does not comply with 10 C.F.R. § 2.323(b), which states that a motion must be rejected if it does not include a certification by the attorney or representative of the moving party that the movant has made a sincere effort to contact other parties to the proceeding and resolve the issue(s) raised in the motion. While this Motion for an Extension of Time was not accompanied by such a certification, we nevertheless, mindful of our responsibility to avoid delay and maintain order (10 C.F.R. § 2.319), exercise our discretion and grant this Motion.
We reach this decision for the following reasons. First, as noted above, a similar motion has already been granted by the Commission with regard to FUSE6 and we believe that it is in the interest of an orderly proceeding that all putative interveners are held to the same standards. Accordingly, we would have granted this Motion for an Extension of Time even if it had been vigorously opposed by Entergy and the NRC Staff. Second, Clearwater is proceeding pro se and this is the first pleading that they have filed in this matter. Accordingly, they have not received the repeated admonitions from this Board and the Commission regarding the need to 7 See Licensing Board Memorandum and Order (Administrative Matters and Directing Parties Attention to Requirements for Proper Service) (Oct. 29, 2007) (unpublished) and Licensing Board Memorandum and Order (Authorizing FUSE to Submit a Section 2.335 Petition) (Nov. 21, 2007) (unpublished). See also Commission Referral (FUSE Request to Include Category 1 Issues in the Indian Point 2 and 3 License Renewal) (Nov. 13, 2007) and Commission Order (Granting an Extension of Time) at 2 (Nov. 16, 2007).
8 In the interest of an orderly proceeding all responses, not just the responses to Clearwater and FUSE, may be filed on or before January 22, 2008.
9 Copies of this Order were sent this date by Internet e-mail to: (1) Manna Jo Green, the representative for Clearwater; (2) Counsel for WestCan, CAN, RCCA, and PHASE; (3) Counsel for the Sierra Club - Atlantic Chapter; (3) Sherwood Martinelli, the representative for FUSE; (4) Counsel for Entergy; (5) New York Affordable Reliable Electricity Alliance; (6) Counsel for the New York City Economic Development Corporation; and (7) Counsel for the NRC Staff.
scrupulously follow all procedural rules set out in 10 C.F.R. Part 2.7 That said, Clearwater is now on notice that it must become familiar with and follow the Part 2 Rules and the Orders of this Board, and that failure to do so may well result in future pleadings being rejected.
In granting this request to extend the time within which this Request for Hearing and Petition to Intervene may be filed, we also extend by ten (10) days the period within which Responses to any and all timely Petitions may be filed. Accordingly, Responses may be properly filed and served by the licencee, Entergy, and the NRC Staff on or before January 22, 2008.8 Subsequently, all Replies to the Responses of Entergy and the NRC Staff must be properly filed and served by Petitioners on or before January 29, 2008.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD9
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD November 27, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC. )
Docket Nos. 50-247/286-LR
)
)
(Indian Point Nuclear Generating,
)
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING AN EXTENSION OF TIME TO CLEARWATER WITHIN WHICH TO FILE REQUESTS FOR HEARING) 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 Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sherwin E. Turk, Esq.
Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan H. Shapiro, Esq.
Attorney for Friends United for Sustainable Energy USA, Inc.
21 Perlman Drive Spring Valley, NY 10977
2 Docket Nos. 50-247/286-LR LB ORDER (GRANTING AN EXTENSION OF TIME TO CLEARWATER WITHIN WHICH TO FILE REQUESTS FOR HEARING)
Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 Arthur J. Kremer, Chairman New York AREA 347 Fifth Avenue, Suite 508 New York, NY 10016 Martin J. ONeill, Esq.
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Mauri T. Lemoncelli, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Sherwood Martinelli, Esq.
Friends United for Sustainable Energy USA, Inc.
351 Dykman Street Peekskill, NY 19566
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 27th day of November 2007