ML073320457
| ML073320457 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/28/2007 |
| From: | Lathrop H, Mcdade E, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, 50-0247-LR, 50-286-LR, RAS 14686 | |
| Download: ML073320457 (5) | |
Text
1 Extension Request of WestCan, CAN, RCCA, and PHASE (Nov. 21, 2007).
2 Extension Request of the Sierra Club - Atlantic Chapter (Nov. 21, 2007).
UNITED STATES OF AMERICA DOCKETED 11/28/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD SERVED 11/28/07 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 28, 2007 ORDER (Denying an Extension of Time Within Which to File Requests for Hearing)
In a letter dated November 21, 2007, which was signed by Susan Shapiro, Esq. on behalf of Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN), Rockland County Conservation Association (RCCA), and Public Health and Sustainable Energy (PHASE), four public interest groups requested an extension of time within which to file Requests for Hearing and Petitions to Intervene.1 In another letter dated November 21, 2007, which was also signed by Susan Shapiro, Esq. on behalf of the Sierra Club - Atlantic Chapter, that public interest group also requested an extension of time within which to file a Request for Hearing and Petition to Intervene.2 Neither of these requests were accompanied by a Proof of Service as required by 10 C.F.R. § 2.302(b), nor did they include a certification by the attorney of the moving party that the movant has made a sincere effort to contact other parties to the proceeding and resolve the 3 Licensing Board Order (Denying an Extension of Time within Which to File Requests For Hearing) at 3 (Nov. 27, 2007).
4 Id. at 3-4.
5 Id. at 4.
6 Extension Request of WestCan, CAN, RCCA, PHASE, and the Sierra Club - Atlantic Chapter (Nov. 27, 2007).
issue(s) raised in the motion as required by 10 C.F.R. § 2.323(b). Accordingly, those Motions were denied.3 In denying these motions the Board expressly stated that:
These two Requests for Extension of Time within which to file Requests for Hearing and Petitions to Intervene that are now before this Board do not comply with 10 C.F.R. §§ 2.302(b) and 2.323(b). We therefore strike these requests from the record and deny the extension of time, without prejudice to filing a new motion which complies with 10 C.F.R. §§ 2.302 and 2.323 as well as all other applicable regulations.4 In that same Order, we then stated that if an additional Motion for an Extension is to be filed by these Parties, it must comply with the Part 2 Rules or the Motion will again be rejected.5 Thereafter, in a letter dated November 27, 2007, which was signed by Susan Shapiro, Esq. on behalf of Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN), Rockland County Conservation Association (RCCA), Public Health, and Sustainable Energy (PHASE), and the Sierra Club - Atlantic Chapter, these five public interest groups again requested an extension of time within which to file Requests for Hearing and Petitions to Intervene.6 7 We note that the Commission Staff (10 C.F.R. § 2.302(b)) and the applicant/licensee, Entergy (10 C.F.R. § 2.309(a)) are parties to this proceeding.
8 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for WestCan, CAN, RCCA, PHASE, and the Sierra Club - Atlantic Chapter; (2) Counsel for Entergy; (3) Counsel for the NRC Staff (4) Sherwood Martinelli, the representative for FUSE; (5) New York Affordable Reliable Electricity Alliance; (6) Counsel for the New York City Economic Development Corporation; and (7) Manna Jo Greene, the representative for Clearwater.
That Motion was accompanied by an adequate Certificate of Service, but it did not include a certification by Ms. Shapiro, as the attorney of the moving party, that the movant has made a sincere effort to contact other parties7 to the proceeding and resolve the issue(s) raised in the motion as required by 10 C.F.R. § 2.323(b). Accordingly, this Motion must also be denied.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD8
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD November 28, 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 (DENYING AN EXTENSION OF TIME 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 Sherwood Martinelli, Esq.
FUSE USA 351 Dykman Street Peekskill, NY 19566
2 Docket Nos. 50-247/286-LR LB ORDER (DENYING AN EXTENSION OF TIME 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 Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
112 Little Market St.
Poughkeepsie, NY 12601
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 28th day of November 2007