ML080850657
| ML080850657 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/25/2008 |
| 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 E-33 | |
| Download: ML080850657 (6) | |
Text
UNITES STATES OF AMERICA DOCKETED 03/25/08 NUCLEAR REGULATORY COMMISSION SERVED 03/25/08 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 25, 2008 ORDER (Canceling Oral Argument on WestCANs Contentions)
In an Order dated March 7, 2008, the Board scheduled oral argument on the admissibility of the contentions submitted by Westchester Citizens Awareness Network, Rockland County Conservation Association, Public Health and Sustainable Energy, Sierra Club
- Atlantic Chapter, and Assemblyman Richard Brodsky (collectively WestCAN). Pursuant to that Order, oral argument was to be heard on April 1, 2008, at the ASLBP Hearing Room in Rockville, Maryland, beginning at 10:00 am. We are now canceling that proceeding.
As stated in that Order, and in our earlier Scheduling Order dated February 29, 2008, it was not our intent at the oral argument to entertain presentations on the contentions presented.
Rather, it was the Boards intent to direct questions to the attorneys representing WestCAN, the NRC Staff, and Entergy, as we deemed appropriate, in order to clarify our understanding of WestCANs contentions, and the NRC Staffs and the Applicants responses thereto. Expressly, it was not our intent to entertain general presentations regarding contentions which had already been adequately explained in the pleadings and which we believed were understood by the 1 The Board expressly stated in our Orders of February 29th and March 7th that we were scheduling a proceeding at which litigants would answer questions from the Board based on the pleadings and exhibits that had previously been submitted and that the litigants would not be given an opportunity to supplement the already voluminous record in conjunction with the oral argument.
2 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.
Board. The proceeding was intended only as an opportunity for the Board to question, and the attorneys to explain, that which has previously been submitted.1 Based on the pleadings submitted, and the insights into the relevant issues in this proceeding gained by the Board during the oral arguments that were presented in White Plains, New York, on March 10-12, 2008, the Board has concluded that its understanding of the issues presented by WestCANs contentions is adequate to enable us to properly rule on their admissibility and would not be materially assisted by oral argument. Accordingly, the additional oral argument scheduled for April 1, 2008, has been canceled.
If, during the process of drafting its decision on the admissibility of WestCANs contentions, the Board determines that clarification of any issue is necessary, we will schedule additional oral argument at that time.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD2
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD March 25, 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 (CANCELING ORAL ARGUMENT ON WESTCANS 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 (CANCELING ORAL ARGUMENT ON WESTCANS 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 (CANCELING ORAL ARGUMENT ON WESTCANS 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, LLP 1726 M. Street NW, 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 (CANCELING ORAL ARGUMENT ON WESTCANS 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 Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of March 2008