ML073320465
| ML073320465 | |
| 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 14685 | |
| Download: ML073320465 (4) | |
Text
1 Westchester County Government Request For An Extension of Time at 1 (Nov. 28, 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 Westchester Countys Request for a 30-Day Extension of Time Within Which to Submit an Amicus Curiae Brief)
In a letter dated November 27, 2007, which was signed by Assistant County Attorney Justin Pruyne, Westchester County, New York, a local governmental body within the meaning of 10 C.F.R. § 2.315, requested a thirty (30) day extension to submit an amicus curiae brief in this proceeding to on or before Monday, December 31, 2007.1 We must deny this request because the NRC regulations do not permit the submission of amicus briefs at this point in this proceeding.
Westchester County may participate in the proceeding before this Board in one of two ways. First, pursuant to 10 C.F.R. § 2.315, Westchester County may participate with respect to admitted contentions as an interested governmental body. However, since to date, no 2 If, after contentions were admitted, Westchester County determined that it needed more than thirty (30) days within which to decide whether to participate pursuant to Section 2.315, a request for an extension of time would, at that point, be timely.
3 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for Westchester County; (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; (7) Manna Jo Greene, the representative for Clearwater; and (8) Counsel for WestCan, CAN, RCCA, PHASE, and the Sierra Club - Atlantic Chapter.
contentions have been admitted, a request pursuant to Section 2.315 at this time would be premature. Instead, Westchester County may petition to participate with regard to any admitted contention within thirty (30) days of the contention being admitted.2 In the alternative, Westchester County may seek to participate in this proceeding as a party pursuant to 10 C.F.R. § 2.309. If it desires to follow that course, the representative for Westchester County may file a Request for Hearing and Petition to Intervene on or before December 10, 2007.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3
/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 WESTCHESTER COUNTYS REQUEST FOR A 30-DAY EXTENSION OF TIME WITHIN WHICH TO SUBMIT AN AMICUS CURIAE BRIEF) 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 WESTCHESTER COUNTYS REQUEST FOR A 30-DAY EXTENSION OF TIME WITHIN WHICH TO SUBMIT AN AMICUS CURIAE BRIEF)
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