ML080780529
| ML080780529 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/18/2008 |
| From: | Lathrop H, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECYRAS | |
| References | |
| 07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS- E-21 | |
| Download: ML080780529 (7) | |
Text
1 Entergy Letter NL-08-021, Letter from Fred R. Dacimo, Entergy Vice President, License Renewal, to NRC Docket Control Desk (Jan. 22, 2008) [hereinafter License Amendment 2].
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 at 77-78; 115-18 (Jan. 22, 2008).
UNITED STATES OF AMERICA DOCKETED 03/18/08 NUCLEAR REGULATORY COMMISSION SERVED 03/18/08 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 March 18, 2008 ORDER (Scheduling Briefing Regarding the Effect of License Amendment 2 on Pending Contentions)
On January 22, 2008, Fred R. Dacimo, Vice President, License Renewal, Entergy Nuclear Operations, Inc., submitted to the U.S. Nuclear Regulatory Commission (NRC) an Amendment to Entergys License Renewal Application (LRA) for the Indian Point Nuclear Facility.1 That amendment related to New York State Proposed Contention 26 (NYS 26) and Riverkeeper, Inc. Proposed Contention TC-1 (RK TC-1), the admission of which had not initially been opposed by the NRC Staff.2 Thereafter, on March 4, 2008, NRC Staff sent a letter to the Board in which it stated that, in its judgement, License Amendment 2 cured the 3 Letter from David E. Roth and Kimberly A. Sexton, Counsel for the NRC Staff, to the Licensing Board (Mar. 4, 2008).
4 Tr. at 418-20.
5 Tr. at 586-87.
6 Letter from Joan Leary Matthews and John Sipos, Counsel for New York State, to the Licensing Board (Mar. 17, 2008); Letter from Diane Curran, Phillip Musegaas and Victor Tafur, Counsel for Riverkeeper, to the Licensing Board (Mar. 17, 2008).
7 Tr. at 490.
8 Tr. at 467.
deficiencies cited in NYS 26 and RK TC-1.3 At Oral Argument on March 11, 2008, we advised counsel for New York State to notify the Board by Monday, March 17, 2008, whether they would seek to respond in writing to License Amendment 2 and/or the NRC Staffs change of position based on the Amendment.
We also asked New York, if they chose to submit a reply, how much time would they need within which to so.4 During Oral Argument the following day, March 12, 2008, we advised Riverkeeper the same.5 Both New York State and Riverkeeper advised the Board that they wished to respond in writing.6 New York State asked to have until April 7, 2008, to reply while Riverkeeper requested to have until March 31, 2008, to reply. Those requests are granted. However, in the interest of being consistent, the Board directs that both New York State and Riverkeeper shall submit their responses and, if necessary, any amended contentions on or before April 7, 2008. Entergy and NRC Staff may then submit a reply on or before April 21, 2008. No other pleadings will be accepted on this issue absent further order by the Board.
Additionally, New York State requested an opportunity to respond to NRC Staffs opposition to New York State Proposed Contentions 30 and 31.7 (NRC Staff alerted the Board and the Petitioners to the change of position during the Oral Argument on March 11, 2008.8) 9 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) Nancy Burton, the Representative of CRORIP; (7) Manna Jo Green, the Representative for Clearwater; (8) Counsel for Westchester County; (9) Counsel for the Town of Cortlandt; and (10) Counsel for WestCan, RCCA, PHASE, the Sierra Club - Atlantic Chapter; and Richard Brodsky.
Accordingly, the Board will allow New York State to submit its response on or before April 7, 2008. Entergy and NRC Staff may then submit a reply on or before April 21, 2008, if they so choose. No other pleadings will be accepted on this issue absent further order by the Board.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD9 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD March 18, 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 (SCHEDULING BRIEFING REGARDING THE EFFECT OF LICENSE AMENDMENT 2 ON PENDING CONTENTIONS) 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 Arthur J. Kremer, Chairman New York AREA 347 Fifth Avenue, Suite 508 New York, NY 10016
2 Docket Nos. 50-247/286-LR LB ORDER (SCHEDULING BRIEFING REGARDING THE EFFECT OF LICENSE AMENDMENT 2 ON PENDING CONTENTIONS)
Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 Robert D. Snook, Esq.
Assistant Attorney General of the State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 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 Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Counsel for the Town of Cortlandt Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Daniel E. ONeill, Mayor Village of Buchanan James Seirmarc, M.S., Liaison to Indian Point 236 Tate Avenue Buchanan, NY 10511 Nancy Burton Connecticut Residents Opposed to Relicensing (CROIP) 147 Cross Highway Redding Ridge, CT 06876 Charlene M. Indelicato, Esq.
Westchester County Attorney Justin D. Pruyne, Esq.
Assistant County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 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 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 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
Docket Nos. 50-247/286-LR LB ORDER (SCHEDULING BRIEFING REGARDING THE EFFECT OF LICENSE AMENDMENT 2 ON PENDING CONTENTIONS) 3 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 Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg,
& Eisenberg, L.L.P.
1726 M. Street N.W., Suite 600 Washington, DC 20036 Riverkeeper, Inc.
Phillip Musegaas, Esq.
Victor Tafur, Esq.
828 South Broadway Tarrytown, NY 10591 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 Mylan L. Denerstein Executive Deputy Attorney General Social Justice Office of the Attorney General of the State of New York 120 Broadway, 25th Floor New York, NY 10271
Docket Nos. 50-247/286-LR LB ORDER (SCHEDULING BRIEFING REGARDING THE EFFECT OF LICENSE AMENDMENT 2 ON PENDING CONTENTIONS) 4 Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
112 Little Market St.
Poughkeepsie, NY 12601 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 18th day of March 2008