ML073470695
| ML073470695 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/13/2007 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP-07-858-03-LR-BD01, RAS 14777 | |
| Download: ML073470695 (6) | |
Text
1 72 Fed. Reg. 42,134 (Aug. 1, 2007).
2 72 Fed. Reg. 55,834 (Oct. 1, 2007).
UNITED STATES OF AMERICA DOCKETED 12/13/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD SERVED 12/13/07 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. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 December 13, 2007 ORDER (Denying Assemblyman Richard L. Brodskys Request for an Extension)
The proceeding before the Board is a license renewal application for the Indian Point Nuclear Facility that was submitted on behalf of Entergy Nuclear Operations (Entergy or the Applicant). Entergy submitted a license renewal application for Indian Point Nuclear Generating Units 2 and 3 on April 23, 2007, and supplemented the application on May 3, 2007. A notice of the application and an opportunity to request a hearing on the application was published in the Federal Register on August 1, 2007.1 Requests for hearings and petitions to intervene were originally due on October 1, 2007, however, the Commission extended the original deadline to November 30, 2007.2 In a letter dated December 4, 2007, and signed by Richard A. Berkley, Esq. on behalf of Assemblyman Richard L. Brodsky and the Westchester-Rockland delegation to the New York State Assembly (collectively Petitioners), Petitioners requested a ten (10) day extension of 3 Request for Extension to file Formal Requests for Hearing and Petitions to Intervene with Contentions in Docket Nos. 50-247-LR; 50-286-LR; ASLBP No. 07-858-03-LR-BD01 (Dec. 4, 2007).
4 10 C.F.R. § 2.307(a).
5 In fact, the Board did not receive the request for an extension of time until December 4, 2007 at 4:54 pm, a full four days after the deadline had expired.
6 Shieldalloy Metallurgical Corp. (License Amendment Request for Decommissioning of the Newfield, New Jersey Facility), LBP-07-5, NRC, (slip op. at 12) (Mar. 28, 2007)
(citing Babcock & Wilcox (Apollo, Pennsylvania Fuel Fabrication Facility), LBP-92-35, 36 NRC 355, 358 n.9 (1992); See also Combustion Engineering, Inc. (Hematite Fuel Fabrication time within which to file a Petition to Intervene and Request for Hearing in the Indian Point License Renewal Proceeding before this Licensing Board.3 However, the deadline for Petitioners to submit a Request for Hearing and Petition to Intervene in this proceeding was November 30, 2007, and their request for an extension of time was submitted after that deadline had passed.
Under Commission regulations, the Board can extend time limits for good cause.4 However, while in their request for an extension of time the Petitioners provide limited argument in support of their request for an extension of the time limit within which to submit their Request for Hearing and Petition to Intervene, they do not attempt to explain why the request for an extension itself was submitted so late, let alone demonstrate good cause for failing to submit their extension request before the November 30, 2007 deadline.5 Moreover, it does not appear that the Petitioners would, even if their petition had been submitted before the deadline, have standing to intervene in this proceeding.
Although it is clearly established in the Commissions regulations and case law that a state or local governmental body has standing to intervene in a proceeding for a facility that is located within its boundaries, the same does not hold true for individual legislators wishing to participate as a party on behalf of unnamed constituents.
Rather..., licensing boards have consistently ruled that one does not acquire standing as a consequence of being a member of a legislative tribunal.6 Facility), LBP-89-23, 30 NRC 140, 145 (1989); General Electric Co. (GE Test Reactor, Vallecitos Nuclear Center), LBP-79-28, 10 NRC 578, 582-83 (1979)).
7 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for Assemblyman Richard L. Brodsky; (2) Counsel for the NRC Staff; (3) Counsel for Entergy; (4) Manna Jo Green, the representative for Clearwater; (5) Counsel for WestCan, CAN, RCCA, PHASE and the Sierra Club - Atlantic Chapter; (6) the representative for FUSE; (7) Nancy Burton as the representative of CRORIP; (8) Counsel for Westchester County; (9) Counsel for the State of New York; (10) Counsel for the State of Connecticut; (11) Counsel for the Town of Cortlandt; and (12) Counsel for Riverkeeper, Inc.
In any event, failure to adhere to the deadlines set by the Commission, especially where the Commission has provided ample time to submit petitions, cannot be allowed. Thus, we must deny the Petitioners request.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD December 13, 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 ASSEMBLYMAN RICHARD L. BRODSKYS REQUEST FOR AN EXTENSION) 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 FUSE USA 351 Dyckman Street Peekskill, New York 10566
2 Docket Nos. 50-247/286-LR LB ORDER (DENYING ASSEMBLYMAN RICHARD L. BRODSKYS REQUEST FOR AN EXTENSION)
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 Daniel E. ONeill, Mayor Village of Buchanan James Seirmarc, M.S., Liaison to Indian Point 236 Tate Avenue Buchanan, NY 10511 Robert D. Snook, Esq.
Assistant Attorney General of the State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Charlene M. Indelicato, Esq.
Westchester County Attorney Justin D. Pruyne, Esq.
Assistant County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Andrew M. Cuomo, Esq.
Attorney General of the State of New York John J. Sipos, Esq.
Assistant Attorney General The Capitol Albany, NY 12224-0341 Nancy Burton 147 Cross Highway Redding Ridge, CT 06876
Docket Nos. 50-247/286-LR LB ORDER (DENYING ASSEMBLYMAN RICHARD L. BRODSKYS REQUEST FOR AN EXTENSION) 3 Joan Leary Matthews, Esq.
Senior Counsel for Special Projects Office of General Counsel New York State Department of Environmental Conservation 625 Boadway Albany, NY 12224 Weschester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN), etc.
Susan H. Shapiro, Esq.
21 Perlman Drive Spring Valley, NY 10977 Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 13th day of December 2007