ML080090247
| ML080090247 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/08/2008 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECY/RAS | |
| References | |
| 50-247-LR, 50-286-LR, RAS 14879 | |
| Download: ML080090247 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
)
ENTERGY NUCLEAR OPERATIONS, INC.
)
) Docket Nos. 50-247-LR and 50-286-LR (Indian Point Nuclear Generating Units 2 and 3)
)
_________________________________________)
ORDER In Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 1 and 2),
CLI-06-4, 63 NRC 32, 38-39 (2006), the Commission directed the Office of the Secretary to screen all filings bearing Ms. [Nancy] Burtons signature and not to accept or docket them unless they meet all procedural requirements and to reject summarily any nonconforming pleadings without referring them to the Atomic Safety and Licensing Board Panel or the Commission.
On December 11, 2007, Connecticut Residents Opposed to Relicensing of Indian Point (CRORIP) and Ms. Burton filed a pleading styled Motion for Leave to Add James A. Himes to CRORIPS Membership Statement in the Petition to Intervene. Ms. Burton signed CRORIPs Motion in her capacity as CRORIPs representative. The Motion was not accompanied by the certification, required by 10 C.F.R. § 2.323(b), attesting that the movant has made a sincere effort to contact other parties in the proceeding and resolve the issue(s) raised in the motion, and that the movants efforts to resolve the issue(s) have been unsuccessful. Consistent with the Commissions instructions in Millstone, supra, I rejected CRORIPs and Ms. Burtons Motion on December 19, 2007, due the omission of the certification required by 10 C.F.R. § 2.323(b) -
DOCKETED 01/08/08 SERVED 01/09/08
2 a requirement about which the Atomic Safety and Licensing Board had reminded Ms. Burton earlier that same month.1 On December 31, 2007, Ms. Burton filed a motion on behalf of CRORIP seeking reconsideration of my December 19th Order.2 Attached to Ms. Burtons Motion for Reconsideration was a certificate of service, likewise dated December 31, 2007. On its face, the Motion for Reconsideration was timely. However, later that same day, Ms. Burton e-mailed those on the service list and stated that her efforts to mail a hard copy of today's CRORIP filing will have to wait until January 2, 2008: the Post Office closed at 12 P.M. today, a fact of which I had not been aware until arriving at a time when mailing could have been accomplished.3 As a result of this absence of timely service, Ms. Burtons December 31st filing was incomplete as of the expiration of the ten-day period. For this reason, I reject as untimely CRORIPs Motion for Reconsideration.
1 See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting an Extension of Time to CRORIP within which to File Requests for Hearing) (Dec. 5, 2007), at 2-3.
2 Section 2.323(e) of the Commissions procedural rules requires a movant such as CRORIP to file any Motion for Reconsideration within ten days of the action for which reconsideration is requested. 10 C.F.R. § 2.323(e). Because I served the December 19th Order by electronic mail, this ten-day filing period was not enlarged to account for delays inherent in delivery by either first-class (five additional days) or express mail (two additional days). 10 C.F.R. § 2.306.
However, because the tenth day (December 29) fell upon a Saturday, the filing deadline was extended to December 31. Id.
3 E-mail from Nancy Burton to Hearing Docket (Dec. 31, 2007, 4:23 p.m.).
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 8th day of January, 2008.
/RA/
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 COMMISSION ORDER 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 ocaamail@nrc.gov 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 lgm1@nrc.gov 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 rew@nrc.gov 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 kdl2@nrc.gov
Docket Nos. 50-247/286-LR COMMISSION ORDER 2
Sherwin E. Turk, Esq.
Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Karl Farrar, Esq.
Catherine Marco, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 set@nrc.gov lbs3@nrc.gov bnm1@nrc.gov der@nrc.gov klf@nrc.gov Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591 sfiller@nylawline.com Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 mdelaney@nycedc.com Arthur J. Kremer, Chairman New York AREA 347 Fifth Avenue, Suite 508 New York, NY 10016 kkremer@area-alliance.org 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 martin.oneill@morgan.lewis.com ksutton@morganlewis.com pbessette@morganlewis.com mlemoncelli@morganlewis.com Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
112 Little Market St.
Poughkeepsie, NY 12601 mannajo@clearwater.org
Docket Nos. 50-247/286-LR COMMISSION ORDER 3
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 robert.snook@po.state.ct.us Charlene M. Indelicato, Esq.
Westchester County Attorney Justin D. Pruyne, Esq.
Assistant County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 jdp3@westchestergov.com Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com 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 john.sipos@oag.state.ny.us Nancy Burton 147 Cross Highway Redding Ridge, CT 06876 NancyBurtonCT@aol.com Riverkeeper, Inc.
Phillip Musegaas, Esq.
Victor Tafur, Esq.
828 South Broadway Tarrytown, NY 10591 phillip@riverkeeper.org vtafur@riverkeeper.org Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M. Street N.W., Suite 600 Washington, DC 20036 dcurran@harmoncurran.com
Docket Nos. 50-247/286-LR COMMISSION ORDER 4
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 jlmatthe@gw.dec.state.ny.us Weschester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN),
etc.
Susan H. Shapiro, Esq.
21 Perlman Drive Spring Valley, NY 10977 msb@ourrocklandoffice.com Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523 brodskr@assembly.state.ny.us FUSE USA Heather Ellsworth Burns-Demelo John Lekay Remy Chevalier Belinda J. Jaques Bill Thomas 351 Dyckman Street Peekskill, New York 10566 www.fuseusa.org fuse_usa@yahoo.com
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 9th day of January 2008