ML080310179
| ML080310179 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/31/2008 |
| From: | Lathrop H, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS 15004 | |
| Download: ML080310179 (6) | |
Text
1 Licensing Board Order (Clarifying Time for Entergy to File Answers to CRORIP 10 C.F.R. 2.335 Petition) (Jan. 2, 2008).
2 NRC Staffs Response to Petitions for Leave to Intervene Filed by (1) Connecticut Attorney General Richard Blumenthal, (2) Connecticut Residents Opposed to Relicensing of Indian Point, and Nancy Burton, (3) Hudson River Sloop Clearwater, Inc., (4) the State of New York, (5) Riverkeeper, Inc., (6) the Town of Cortlandt, and (7) Westchester County (Jan. 22, 2008); Answer of Entergy Nuclear Operations, Inc. Opposing New York State Notice of Intention to Participate and Petition to Intervene (Jan. 22, 2008), Answer of Entergy Nuclear Operations, Inc. Opposing Riverkeeper Inc.s Request for Hearing and Petition to Intervene (Jan. 22, 2008).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 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 January 31, 2008 ORDER (Granting Motions of New York and Riverkeeper for Extension of Time)
In an Order, dated January 2, 2008, this Board directed that all Answers to Petitions to Intervene be filed on or before January 22, 2008, and that any Reply thereto be filed on or before February 8, 2008.1 Thereafter, in accordance with that Order, the NRC Staff and the Applicant, Entergy Nuclear Operations, Inc. (Entergy), timely filed their Answers to the numerous Petitions to Intervene.2 On January 29, 2008, the State of New York (New York) filed a Motion requesting a DOCKETED 01/31/08 SERVED 01/31/08 3 State of New Yorks Motion for Extension of Time in Which to File a Reply (Jan 28.
2008) [hereinafter NY Extension Motion].
4 Id. at 2.
5 Id. at 3.
6 Id.
7 Id. We note with approval that the NRC Staff served electronic copies of its filings on January 22, 2008 and paper copies of its filings that were received by New York on Jan. 25, 2008. Id.
8 NY Extension Motion at 3.
9 Id. at 4.
fourteen-day Extension of Time within which to file its Reply.3 In its Motion, New York stated that, although Entergys Answer and supporting Exhibits were timely filed on January 22, 2008, the Exhibits, which were sent to New York via first class mail, were not received until January 29, 2008.4 New York further stated that the delay in receiving these exhibits impacted the review of these exhibits by various experts who had been scheduled by the Petitioner based on the timing set out in the Boards Order of January 2, 2008.5 New York, which had served its Petition to Intervene via overnight courier service (Federal Express), asked Entergy to reciprocate this courtesy, and even offered to pay the costs of that expedited service.6 Entergy, the party who seemingly has the greatest interest in expediting this proceeding, declined to honor this patently reasonable request.7 As noted by New York in its motion,8 Entergy had no legal obligation to send its exhibits to New York via overnight courier, however, to have done so would have served to expedite these proceedings and its failure to do so is puzzling.
Counsel for the NRC Staff and Entergy agreed to a seven-day extension but not to the requested fourteen-day extension.9 New Yorks Motion for a fourteen-day extension of time is granted, and accordingly, New York may file its Reply on or before February 22, 2008.
10 Riverkeeper, Inc.s Unopposed Motion For Extension of Time in Which to Reply to Oppositions to Riverkeepers Hearing Request (Jan 29, 2008).
11 Id. at 1.
12 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for the State of Connecticut; (5) Counsel for Riverkeeper, Inc.; (6) Counsel for WestCan, RCCA, PHASE, the Sierra Club - Atlantic Chapter; and Richard Brodsky; (7) Nancy Burton, the Representative of CRORIP; (8) Manna Jo Green, the Representative for Clearwater; (9) John LeKay, the Representative for FUSE; (10) Counsel for Westchester County; and (11) Counsel for the Town of Cortlandt.
Also on January 29, 2008, Riverkeeper, Inc. filed a Motion for Extension of Time asking for an additional seven (7) days within which to file its Reply.10 Neither the NRC Staff nor Entergy opposed this Motion.11 The Motion for a seven-day extension is granted. Riverkeeper may file its Reply on or before February 15, 2008.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD12 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD January 31, 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 LB ORDER (GRANTING MOTIONS OF NEW YORK AND RIVERKEEPER FOR EXTENSION OF TIME) 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 190 Cedar Lane E.
Ridgway, CO 81432 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 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591
2 Docket Nos. 50-247/286-LR LB ORDER (GRANTING MOTIONS OF NEW YORK AND RIVERKEEPER FOR EXTENSION OF TIME)
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 Riverkeeper, Inc.
Phillip Musegaas, Esq.
Victor Tafur, Esq.
828 South Broadway Tarrytown, NY 10591 Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M. Street N.W., Suite 600 Washington, DC 20036
Docket Nos. 50-247/286-LR LB ORDER (GRANTING MOTIONS OF NEW YORK AND RIVERKEEPER FOR EXTENSION OF TIME) 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 FUSE USA Heather Ellsworth Burns-DeMelo John LeKay Remy Chevalier Belinda J. Jaques Bill Thomas 351 Dyckman Street Peekskill, New York 10566 Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 31st day of January 2008