ML080590188
| ML080590188 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/19/2008 |
| 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, RAS 15112 | |
| Download: ML080590188 (6) | |
Text
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 2000 4 Tel: 202.739.3000 Fax: 202.739.3001 www.morganlewis.com Morga Lewis COUNSELORS AT LAW Kathryn M. Sutton Partner 202.739.5738 ksutton@morganlewis.com Paul M. Bessette Partner 202.739.5796 pbessette@morganlewis.com February 19, 2008 DOCKETED USNRC February 26, 2008 (3:30pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dr. Kaye D. Lathrop Administrative Judge Atomic Safety and Licensing Board Panel 190 Cedar Lane E.
Ridgway, CO 81432 Dr. 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 In the Matter of Entergy Nuclear Operations, Inc.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR/50-286-LR
Dear Judges:
By Order (Preliminary Notification Regarding The Scheduling of Oral Argument), dated January 24, 2008, the Atomic Safety. and Licensing Board ("Licensing Board") informed the participants of its intention to hold oral argument on the admissibility of contentions and other appropriate matters during the week of March 10, 2008. It indicated that counsel for the Applicant and the NRC Staff would need to "be available during all business hours (9:00 am until 6:00 pm) throughout that week," and that others "need only be present when contentions, or other matters which they presented, are being discussed." The Licensing Board asked the participants to advise it of any anticipated conflicts. Entergy confirmed its availability by letter to the Licensing Board dated February 4, 2008.
I I-WA12928249.1 k~0
Dr. Kaye D. Lathrop Lawrence G. McDade, Chair Morgan Lewis Dr. Richard E. Wardwell COUNSELORS AT LAW February 19, 2008 Page 2 As the Licensing Board itself recognized in its January 24th Order, this proceeding involves a sizeable number of petitioners and a large number of proposed contentions, and that some time will be needed to address all matters at a prehearing conference. Entergy also appreciates that the Licensing Board's January 24th Order was "Preliminary" and, consequently, Entergy anticipates that the Licensing Board will issue another order addressing its expectations for the upcoming prehearing conference. Nonetheless, inthe interest of affording all participants as much advance notice as possible regarding both logistics and substantive matters, Entergy respectfully requests that the Licensing Board, in addition to confirming the dates for the oral argument, provide further direction regarding the scope of matters to be addressed during such arguments. In support of such guidance, Entergy respectfully offers the following suggestions for the Licensing Board's consideration:
- It is Entergy's view that there is little in dispute regarding standing, and, therefore, that matter can be resolved on the basis of the pleadings submitted without the need for any argument. Ihi the event, however, that the Licensing Board believes that argument on standing should be had, Entergy asks that the Licensing Board indicate whether it intends to address the standing of each petitioner as a preliminary matter, before any argument with respect to contentions, or if both standing and contentions be addressed for each petitioner at the same time?
" It is Entergy's position that, in light of the similarity in many of the proposed contentions, and the petitioners' professed interest in adopting the respective contentions of other petitioners, there would be substantial efficiencies gained in grouping like contentions together into subject matter topics (e.g. emergency planning, terrorism, etc.) rather than addressing similar contentions individually. Should the Licensing Board determine that grouping like contentions would be beneficial, Entergy suggests that the petitioners be directed to confer before the prehearing conference for the purpose of designating a single representative to present a consolidated argument on such common proposed contentions. This would, in our view, substantially improve the efficiency of the prehearirig conference by avoiding duplicative argument, and, in the long run, facilitate the Licensing Board's ability to rule on the petitions in a timely manner. In light of their geographic proximity to one another as evidenced by their representations on standing, this should not present an undue hardship.
- Also in regard to contentions, it is Entergy's position that argument is not needed on many contentions proffered by the petitioners in that their admissibility can' be readily determined on the basis of the pleadings already filed. Accordingly, specification of those contentions on which argument is determined by the Licensing Board to be needed In making this suggestion, Entergy, for reasons more fully stated in its answers to the respective petitions to intervene, does not concede that any petitioner should be permitted to adopt the contentions of another.
I -WA/2928249.1
Dr. Kaye D. Lathrop Lawrence G. McDade, Chair Morgan Lewis Dr. Richard E. Wardwell COUNSELORS AT LAW February 19, 2008 Page 3 would be helpful to all participants and would expedite and improve the effectiveness of the presentations at the prehearing conference. The foregoing are also in keeping with 10 C.F.R. §§ 2.309(f)(3), 2.316, 2.319 and 2.329.
jFinally, it is-Entergy's expectation that the Licensing Board will identify any other matters it specifically wishes to have addressed at the prehearing conference, so that the participants have ample opportunity to adequately prepare for this argument. See, e.g.,
10 C.F.R. § 2.329.
Sincerely, Kathryn M. Sutton Paul M. Bessette Martin J. O'Neill Counsel for Entergy Nuclear Operations, Inc.
cc:
Service List William Dennis, Assistant General Counsel Entergy Nuclear.Operations, Inc.
I -WA/2928249. I
i, 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-BD01
)
(Indian Point Nuclear Generating Units 2 and 3) )
February 19, 2008 CERTIFICATE OF SERVICE I hereby certify that copies of a letter from counsel for Entergy Nuclear Operations, Inc.
to the Atomic Safety and Licensing Board, dated February 19, 2008 were served this 19th day of February 2008 upon the persons listed below, by first class mail and e-mail as shown below.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, DC 20555-0001 (E-mail: ocaamail(2nrc.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 (E-mail: rew@nrc.gov)
Office of the Secretary
- Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (E-mail: hearingdocketQnrc. gov)
Administrative Judge Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commissi6n Washington, DC 20555-0001 (E-mail: Igml @nrc.gov)
Administrative Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane E.
Ridgway, CO 81432 (E-mail: kdl2@nrc.gov)
Sherwin E. Turk, Esq.
Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq.
Kimberly A. Sexton, Esq.
Christopher C. Chandler, Esq.
.David.E..Roth,,.
Office of the General Counsel Mail Stop: 0-15 D21
Zachary S. Kahn Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: zxk 1 @nrc.gov)
Manna Jo Greene Environmental Director Hudson River Sloop Clearwater, Inc.
112 Little Market Street Poughkeepsie, NY 12601 (E-mail: mannai o@clearwater.org).
Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591 (E-mail: sfillergnylawline.com)
Phillip Musegaas, Esq.
Victor M. Tafur, Esq.
Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 (E-mail: phillipgriverkeeper.org)
(E-mal: vtafurgriverkeeper.org)
Robert D. Snook, Esq.
Office of the Attorney General State of Connecticut Assistant Attorney General 55 Elm Street P.O.Box.120.......,
Hartford, CT 06141-0120 (E-mail: Robert.Snook(i~po.state.ct.us)
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: set@nrc.gov)
(E-mail': lbs3@nrc.gov)
(E-mail: bnml @nrc.gov)
(E-mail: kimberly.sextongnrc.gov)
(E-mail: christopher.chandlergnrc. gov)
(E-mail: David.Roth@nrc.gov)
Nancy Burton 147 Cross Highway Redding Ridge, CT 06876 (E-mail: NancyBurtonCTgaol.com)
Justin D. Pruyne, Esq.
Assistant County Attorney, Litigation Bureau of Counsel to Charlene M. Indelicato, Esq.
Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 (E-mail: jdp3 @westchesteigov.com)
Diane Curran, Esq.
Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 (E-mail: dcurran@harmoncurran.com)
Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Ms. Jessica Steinberg, J.D.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 (E-mail: driesel@sprlaw.com)
(E-mail: j steinberg@sprlaw.com)
Susan H. Shapiro, Esq.
21 Perlman Drive Spring Valley, NY 10977 (E-mail: Palisadesartgaol.com mbs@ourrocklandoffice.com) 1 2
Andrew M. Cuomo, Esq.
Attorney General of the State of New York John J. Sipos, Esq.
Charlie Donanldson Esq.
Assistants Attorney General The Capitol Albany, NY 12224-0341 (E-mail: iohn.siposgoag. state.ny.us)
Joan Leary Matthews, Esq.
Senior Attorney for Special Projects Office of the General Counsel New York State Department of Environmental Conservation 625 Broadway, 14th Floor Albany, NY 12207 (E-mail: jlmattheggw.dec.state.ny.us)
Sarah L. Wagner, Esq.
Legislative Office Building, Room 422.
Albany, New York 12248 (E-mail: sarahwagneresqggmail.com)
Richard L. Brodsky 5 West Main St.
Elmsford, NY 10523 (E-mail: brodskr(2assembly. state.ny.us richardbrodskv(msn.com)
Janice A. Dean Office of the Attorney General of.the State of New York Assistant Attorney General 120 Broadway, 26th Floor New York, New York 10271 (E-mail: Janice.Dean(a2oag.state.nV.us)
- Original and 2 copies PauFMBessette I -WA/2928416.1 "3 "
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