ML073380736

Entergy Nuclear Operations, Inc. Answer to Additional Extension Request by Westchester Citizen'S Awareness Network, Citizen'S Awareness Network, Rockland County Conservation Association, and Public Health and Sustainable Energy

ML073380736
Person / Time
Site:	Indian Point
Issue date:	11/27/2007
From:	Bessette P Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP
To:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 14711
Download: ML073380736 (5)

Text

.Wý46 DOCKETED USNRC November 27, 2007 (1:59pm)

OFFICE OF SECRETARY RULEMAKINGS AND UNITED STATES OF AMERICA ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chair Dr. Richard E. Wardwell Dr. Kaye D. Lathrop In the Matter of Docket Nos. 50-247-LR and 50-286-LR

)

ENTERGY NUCLEAR OPERATIONS, INC. ) ASLBP No. 07-858-03-LR-BDO1

)) November 27, 2007 (Indian Point Nuclear Generating Units 2 and 3)

ENTERGY NUCLEAR. OPERATIONS, INC. ANSWER TO ADDITIONAL EXTENSION REQUEST BY WESTCHESTER CITIZEN'S AWARENESS NETWORK, CITIZEN'S AWARENESS NETWORK, ROCKLAND COUNTY CONSERVATION ASSOCIATION, AND PUBLIC HEALTH AND SUSTAINABLE ENERGY Entergy Nuclear Operations, Inc. ("Entergy"), in the above-captioned matter, hereby opposes the Additional Extension Request to File Formal Requests for Hearing and Petitions to Intervene with Contentions ("Request") filed on November 21, 2007 by Susan Shapiro, Esq., on behalf of Westchester Citizen's Awareness Network ("WestCAN"), Citizen's Awareness Network ("CAN")', Rockland County Conservation Association ("RCCA"), and Public Health and Sustainable Energy ("PHASE"), (collectively, "Petitioners"). While Entergy maintains that no further extension is warranted, it would not object to a 10-day It should be noted that Ms. Shapiro recently notified the Commission that she no longer represents Friends United for Sustainable Energy, USA, ("FUSE") but serves as counsel for Westchester Citizens' Awareness Network ("WestCAN"), Rockland County Conservation Association ("RCCA"), and Public Health and Sustainable Energy ("PHASE"). See Letter from S. Shapiro to Chairman D. Klein and L. McDade, dated November 21, 2007. It is unclear, therefore, whether and to what extent Ms. Shapiro is authorized to represent CAN in this proceeding.

T/nP Iae:=5CY-0377 51E

extension of time for Petitioners to file a Petition to Intervene and Request for Hearing for the reasons set forth below, On October 1, 2007, the Commission extended the deadline to file a Petition to Intervene and Request for Hearing in this licenge renewal proceeding by an additional 60 days, from October 1, 2007, to November 30, 2007. See 72 Fed. Reg. 55,834. On November 7, 2007, Friends United for Sustainable Energy ("FUSE") requested an additional extension based upon the recent, limited unavailability of the NRC's Agencywide Document Access and Management System ("ADAMS") and also requested that the Commission extend the deadline until 60 days after the NRC responds to FUSE's pending requests under the Freedom of Information Act ("FOIA").

By Order dated November 16, 2007, the Commission granted FUSE a 10-day extension to file a Petition to Intervene and Request for Hearing, setting FUSE's new filing deadline on December 10, 2007. Order at 1 (November 16, 2007) (unpublished). The Commission reasoned that 10 days is sufficient time for FUSE to supplement any Petition to Intervene and Request for Hearing in light of the ADAMS interruption. Id. Regarding FUSE's request to extend the deadline until its FOIA request is processed, however, the Commission rejected that request and noted that it has procedures in place that contemplate late-filed contentions based on new information, assuming the applicable standards are met.

Id. citing § 2.309(c).

By its own admission, the present Request is nearly identical to FUSE's November 7 extension request. Request at 1. Therefore, it should be dispositioned in the same manner.

While Entergy believes that no extension is warranted as the Petitioners, like all petitioners, have already been generously afforded an additional 60 days (for a total of 120 days),

2

Entergy would not object to a 10-day extension to account for the ADAMS unavailability. In addition, the 10-day extension would generally keep all parties on the same schedule with respect to the deadline for filing a Petition to Intervene and Request for Hearing.2 Moreover, the. Commission should not grant any additional time to the Petitioners to accommodate FOIA requests or additional fact-finding. As it has plainly pointed out, the Commission already provides a mechanism and standards for late-filed contentions based on new information, assuming the applicable standards are met. Order at 1. The same reasoning applies here.

For the reasons set forth above, Entergy opposes Petitioners' Additional Extension Request but would not object to a 10-day extension for filing a Petition to Intervene and Request for Hearing.

,Resp~ul submitted, .

K.thryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Martin J. O'Neill, Esq.

MORGAN, LEWIS & BOCKIUS, LLP 1111 Pennsylvania Avenue, N.W.

Washington, DC 20004 Phone: (202) 739-5738 E-mail: ksutton@morganlewis.com E-mail: pbessetteamorganlewis.com E-mail: martin.o'neillgmorganlewis.com 2 Any further extensions would warrant an equitable adjustment to the January 11, 2008 deadline for Entergy and the Staff to file their answers to any Petitions to Intervene.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chair Dr. Richard E. Wardwell Dr. Kaye D. Lathrop In the Matter of ) Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ) ASLBP No. 07-858-03-LR-BDO0 (Indian Point Nuclear Generating Units 2 and' 3) )

)

November 27, 2007 CERTIFICATE OF SERVICE I hereby certify that copies of "ENTERGY NUCLEAR OPERATIONS, INC.

ANSWER TO ADDITIONAL EXTENSION REQUEST BY WESTCHESTER CITIZEN'S AWARENESS NETWORK, CITIZEN'S AWARENESS NETWORK, ROCKLAND COUNTY CONSERVATION ASSOCIATION, AND PUBLIC HEALTH AND SUSTAINABLE ENERGY" were served this 27th day of November 2007 upon the persons listed below, by first class mail and e-mail as shown below.

Office of Commission Appellate Adjudication Administrative Judge U.S. Nuclear Regulatory Commission Lawrence G. McDade, Chair Washington, DC 20555-0001 Atomic Safety and Licensing Board Panel (E-mail: ocaamailhnrc.gov) Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: 1gm 1@nrc. gov)

Administrative Judge Administrative Judge Richard E. Wardwell Kaye D. Lathrop 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 (E-mail: rew(2,nrc.gov) (E-mail: kdl2(@]nrc.gov)

Office of the Secretary

• Sherwin E. Turk, Esq.

Attn: Docketing and Service Lloyd B. Subin, Esq.

U.S. Nuclear Regulatory Commission Beth N. Mizuno, Esq.

Washington, D.C. 20555-0001 Office of the General Counsel (E-mail: hearingdocketLdinrc.gov) Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: set (!nrc.gov)

(E-mail: lbs3 @nrc.gov)

(E-mail: bmnl Canrc.gov)

Susan H. Shapiro, Esq. Arthur J. Kremer, Chairman 21 Perlman Drive New York AREA Spring Valley, NY 10077 347 Fifth Avxenue, Suite 508 (E-mail: Palisadesart(7iaol.com New York, NY 100 16 (E-mail: kremer area-ac iance.org) mbsThourrocklandoffice.com)

Michael J. Delaney Zachary S. Khan Vice President - Energy Law Clerk New York City Atomic Safety and Licensing Board Economic Development Corporation Mail Stop: T-3 F23 110 William Street U.S. Nuclear Regulatory Commission New York, NY 10038 Washington, DC 20555-0001 (E-mail: mdelanevyanycedc.com) (E-mail: zxkl (anrc.gov)

Sherwood Martinelli Justin D. Pruyne, Esq.

Friends United for Sustainable Energy USA, Inc. Assistant County Attorney, Litigation Bureau 351 Dykman Street of Counsel to Charlene M. Indelicato, Esq.

Peckskill, NY 19566 Westchester County Attorney (E-mail: roycepenstinger2aol.com) 148 Martine Avenue, 6th Floor White Plains, NY 10601 (E-mail: idp3 @awestchesterov.com)

Manna Jo Greene Environmental Director Hudson River Sloop Clearwater 112 Market Street Poughkeepsie, NY 12601 (E-mail: mannai o(yclearwater.org)

• Original and 2 copies Plul M. Bessette 2