ML073370337

Letter from John D. Pruyne Requesting a 30 Day Extension for Westchester County to Submit an Amicus Curiae Brief on or Before Monday, December 31, 2007

ML073370337
Person / Time
Site:	Indian Point
Issue date:	11/27/2007
From:	Pruyne J Westchester County, NY
To:	Klein D, Lawrence Mcdade, Annette Vietti-Cook Atomic Safety and Licensing Board Panel, NRC/Chairman, NRC/SECY
SECY RAS
References
50-247-LR, 50-286-LR, RAS 14700
Download: ML073370337 (5)

Text

DOCKETED

ýVesch- sterUSNRC

ET(\,TCC'i1'Y November 27, 2007 (10:02am)

OFFICE OF SECRETARY RULEMAKINGS AND Andrew J. Spano ADJUDICATIONS STAFF County Executive Office of the County Attorney Charlene M. Indelicato County Attorney November 27, 2007 By overnight courier,first class mail and electronic mail to chairman(dnrc.gov:

Honorable Dale E. Klein, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 By overnight courier,first class mail and electronic mail to lgzm1( nrc.zov:

Honorable Lawrence G. McDade, Chairman Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 By overnight courier,first class mail, electronic mail to secretarv(d@,nrc.gov and facsimile to (301) 415-1101:

Honorable Anne L. Vietti-Cook, Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: In the Matter of Entergy Nuclear Operations, Inc.

Indian Point Nuclear Generating Plant Units 2 and 3 U.S. Nuclear Regulatory Commission Docket Nos. 50-247/286-LR

Dear Chairman Klein,

Chairman McDade and Secretary Vietti-Cook:

As indicated in 72 Federal Register 55834, the date for interested parties to intervene in the Point license renewal proceeding concerning the Indian Point Nuclear Generating Facility ("Indian Point") was extended by the United States Nuclear Regulatory Commission

("USNRC") to November 30, 2007. Westchester County hereby respectfully requests a thirty (30) day extension to submit an amicus curiae brief in the proceeding to on or before Monday, December 31, 2007.1 1Pursuant to 10 CFR §§ 2.309 and 304, Westchester County hereby designates the following single representative for purposes of this proceeding and any submissions in connection therewith: Office of the Westchester County Attorney, 148 Martine Avenue, 6h* Floor, White Plains, New York 10601 [Attn: Justin D.

Pruyne, Assistant County Attorney] (914) 995-5102 (phone); (914) 995-3132 (fax); jdp3@westchestergov.com (electronic mail).

Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, New York 10601 Telephone: (914)995-2660 1Website: westchestergov.com OeL --r T E- 37 SeLc -C

Under 10 CFR § 2.309, good cause exists to entertain Westchester County's request for an extension. Indian Point is located wholly within the territorial boundaries of Westchester County, a municipality and governmental subdivision of the State of New York.

As such, Westchester County meets the standing requirements promulgated under 10 CFR § 2.309 (d) (2). As a first responder and host county to Indian Point, Westchester County is vitally concerned with the safety and security of its residents in the event that the operating license(s) are renewed. Participation by Westchester County will broaden the issues to be considered by the USNRC and lead to the creation of a sound record in this proceeding, in that local government will have an opportunity to voice its concerns on key relicensing matters. Such concerns include potential issues regarding emergency preparedness, response and evacuation, age-related degradation of plant systems, spent fuel storage and disposal and other environmental concerns. Accordingly, any order(s) which may be entered in this proceeding, particularly a determination to renew Indian Point 2 and 3's operating licenses for additional twenty (20) year terms, will have long ranging effects on the interests of Westchester County and its residents.

It is anticipated that many of Westchester County's interests in the relicensing process may be represented by the State of New York in this proceeding. The Westchester County Board of Legislators recently approved an Act authorizing this Office to file an amicus curiae brief in support of the State's contentions concerning relicensing. Notwithstanding the foregoing, there are no other available means of insuring that Westchester County's interests will be protected, short of approving the instant request. Moreover, it appears that at least one other potential party to the relicensing proceeding.-(Friends United for Sustainable Energy) has sought and received a similar extension.

Thank you in advance for your consideration of this request. Please advise whether this request has been granted by contacting me at (914) 995-5102 or by electronic mail to jdp3@westchester gov.com at your earliest possible convenience.

Respectfully, ustin-1) Pruy 6~

( Assistant Coe torney

Enclosure:

Certificate of Service Copies with enclosure provided to:

Office of the General Counsel, USNRC Rulemaking and Adjudications Staff, Office of the Secretary, USNRC [Rockville, MD]

Rulemaking and Adjudications Staff, Office of the Secretary, USNRC [Washington, D.C.]

Office of Commission Appellate Adjudication, USNRC Hon. Richard E. Wardwell, Atomic Safety and Licensing Board Panel, USNRC Hon. Kaye D. Lathrop, Atomic Safety and Licensing Board Panel, USNRC Assistant General Counsel, Entergy Nuclear Operations, Inc Susan H. Shapiro, Esq., Attorney for FUSE, WestCAN, RCCA and PHASE Michael J. Delaney, Esq., New York City Economic Development Corporation Chairman Arthur J. Kremer, The New York Affordable Reliable Electricity Alliance Morgan, Lewis & Bockius LLP 2

THE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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X In the matter of ENTERGY NUCLEAR OPERATIONS, INC. NRC Docket Nos:

50-247/286-LR Indian Point Nuclear Generating Plant, Units 2 and 3.

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x CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.302(b) and §§ 2.305(b) and (f), I hereby certify that copies of the foregoing request for extension have been served upon the following parties by the following means:

Honorable Dale E. Klein, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By overnight courier,first class mail and electronic mail to chairman@nrc.gov]

Honorable Lawrence G. McDade, Chairman Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By.overnight courier,first class mail and electronic mail to lgml@nrc.gov]

Honorable Anne L. Vietti-Cook, Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Rulemaking and Adjudications Staff

[By overnight courier,first class mail, electronic mail to secretary@nrc.gov andfacsimile to (301) 415-1101]

Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By overnight courier,first class mail, electronic mail to ogcmailcenter@nrc.gov, set@nrc.gov, lbs3@nrc.gov, bnml@nrc.gov, andfacsimile to (301) 415-3725]

1

Office of the Secretary Sixteenth Floor One White Flint North 11555 Rockville Pike Rockville, Maryland 10852 Attention: Rulemaking and Adjudications Staff

[By overnight courier andfirst class mail]

Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Rulemaking and Adjudications Staff

[By overnight courier,first class mail, electronic mail to hearingdocket@nrc.govandfacsimile to (301) 415-1101]

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By overnight courier,first class mail and electronic mail to ocaamail@nrc.gov]

Richard E. Wardwell, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By overnight courier,first class mail and electronic mail to rew@nrc.gov]

Kaye D. Lathrop, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

[By overnight courier,first class mail and electronic mail to kdl2@nrc.gov]

Assistant. General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, New York 10601

[By overnight courierandfirst class mail]

2

Susan H. Shapiro, Esq.

21 Perlman Drive Spring Valley, New York 10977

[By overnight courier,first class mail and electronic mail tofuseusa@yahoo.com]

Michael J. Delaney, Esq.

Vice President - Energy Department New York City Economic Development Corporation 110 William Street New York, New York 10038

[By overnight courier,first class mail and electronic mail to mdelaney@nycedc.com]

Chairman Arthur J. Kremer The New York Affordable Reliable Electricity Alliance 347 Fifth Avenue, Suite 508 New York, New York 10016

[By overnight courier,first class mail and electronic mail to kremer@area-alliance.org]

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, D.C. 20004

[By overnight courier, and electronic mail to martin.o 'neill@morganlewis.com; ksutton@morganlewis.com; pbessette@morganlewis.com; mlemoncelli@morganlewis.com, cadams@morganlewis.com]

Dated at White Plains, New York this 2 7 th Day of November, 2007 3