ML080670345
| ML080670345 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/07/2008 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01 | |
| Download: ML080670345 (7) | |
Text
1 Licensing Board Order (Scheduling Oral Argument on the Admissibility of Contentions)
(Feb. 29, 2008).
2 Notification of Conflicts Anticipated During the Week of March 10, 2008 (Jan. 24, 2008).
3 Notice of Appearance for Sarah L. Wagner, Esq. (Feb. 4, 2008).
UNITED STATES OF AMERICA DOCKETED 03/07/08 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD SERVED 03/07/08 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 March 7, 2008 ORDER (Scheduling WestCAN Oral Argument)
In an Order dated February 29, 2008, the Board scheduled oral argument to be held at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Blvd., White Plains, New York during the week of March 10, 2008.1 In that Order the Board also recognized that WestCAN had previously asserted its two representatives, Susan Shapiro and Assemblyman Richard Brodsky, would not be available during the week of March 10, 2008, due to preexisting commitments.2 However, the Board then noted that, after WestCAN advised the Board of the conflicts, it submitted an additional Notice of Appearance for Susan Wagner, Esq.3 4 Licensing Board Order (Scheduling Oral Argument on the Admissibility of Contentions)
(Feb. 29, 2008) at 3.
Accordingly, since it appeared that it might be possible for an attorney representing WestCAN to be present, the Board proposed to conduct oral argument on the admissibility of WestCANs contentions in White Plains, NY on Thursday, March 13, 2008. However, in that Scheduling Order the Board also offered WestCAN an alternative to the March 13th date.
Specifically, the Board proposed holding oral argument on the admissibility of WestCANs contentions at the ASLBP Hearing Room in Rockville, Maryland, during the week of March 24, 2008, or as soon thereafter as is practicable.4 We then directed WestCAN to notify the Board no later than noon on March 6, 2008, whether it wished to proceed with the oral argument in White Plains, NY on March 13, 2008, and, if not, to notify the Board of any conflicts that would prevent its representatives from appearing in Rockville, MD between March 24 and April 4, 2008.
By letter dated March 6, 2008, WestCAN notified the Board that it did not wish to proceed on March 13, 2008. WestCAN did not, however, notify the Board of any conflicts that would prevent its representatives from appearing in Rockville, MD between March 24, and April 4, 2008.
Accordingly, unless the NRC Staff and Entergy promptly (no later than 5:00 pm, March 10, 2008) notify the Board of specific conflicts, the Board will hold oral argument on the admissibility of WestCANs contentions on April 1, 2008, at the ASLBP Hearing Room in Rockville, Maryland, beginning at 10:00 am.
As previously stated in our Order of February 29, 2008, the Board does not expect, nor will it entertain, presentations on all the contentions presented. Rather, WestCAN may, but need not, make an opening statement which shall not exceed 10 minutes, in which it may speak generally regarding its Petition to Intervene. Its attorneys who have filed Notices of 5 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for WestCAN, RCCA, PHASE, the Sierra Club - Atlantic Chapter; and Richard Brodsky; (2) Counsel for the NRC Staff; (3) Counsel for Entergy; (4) Counsel for the State of New York; (5) Counsel for the State of Connecticut; (6) Counsel for Riverkeeper, Inc.; (7) Nancy Burton, the Representative of CRORIP; (8) Manna Jo Green, the Representative for Clearwater; (9)
Counsel for Westchester County; and (10) Counsel for the Town of Cortlandt.
Appearance shall then be prepared to answer questions posed by the Board regarding the contentions that they have submitted. The NRC Staff and Entergy may, but need not, make opening statements in response which shall not exceed 5 minutes each. Questions will then be addressed to the attorneys representing WestCAN, the NRC Staff, and Entergy, as the Board deems appropriate.
We will follow this procedure because it is the purpose of this proceeding to allow the Board to clarify its understanding of WestCANs contentions and the NRC Staffs and the Applicants responses thereto. It is not the purpose of this proceeding to entertain general presentations regarding contentions which have already been adequately explained in the pleadings. Likewise, this proceeding is intended only as an opportunity for the Board to question, and the attorneys to explain, that which has previously been submitted. This will not be an evidentiary hearing and, without a specific exemption from the Board, the litigants will not be given an opportunity to supplement the already voluminous record at this point in the proceeding.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD5
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD March 7, 2008
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 (SCHEDULING WESTCAN ORAL ARGUMENT) 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.
Kimberly A. Sexton, Esq.
Christopher C. Chandler, 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 (SCHEDULING WESTCAN ORAL ARGUMENT)
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 (SCHEDULING WESTCAN ORAL ARGUMENT) 3 Janice A. Dean, Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, NY 10271 Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg,
& Eisenberg, L.L.P.
1726 M. Street N.W., Suite 600 Washington, DC 20036 Joan Leary Matthews, Esq.
Senior Counsel for Special Projects Office of General Counsel New York State Department of Environmental Conservation 625 Broadway Albany, NY 12224 Westchester 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
Docket Nos. 50-247/286-LR LB ORDER (SCHEDULING WESTCAN ORAL ARGUMENT) 4 Riverkeeper, Inc.
Phillip Musegaas, Esq.
Victor Tafur, Esq.
828 South Broadway Tarrytown, NY 10591
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 7th day of March 2008