ML080940412
| ML080940412 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/03/2008 |
| 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-41 | |
| Download: ML080940412 (7) | |
Text
1 Licensing Board Order (Canceling Oral Argument on WestCANs Contentions) (Mar.
25, 2008) [hereinafter March 25 Order].
UNITED STATES OF AMERICA DOCKETED 04/03/08 NUCLEAR REGULATORY COMMISSION SERVED 04/03/08 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 April 3, 2008 ORDER (Order Relating to Wagner Letter Dated March 31, 2008)
On March 31, 2008, the Board received via electronic mail a copy of a letter sent by Sarah Wagner. Although the letter does not expressly state on whose behalf it was being sent, since Ms. Wagner has entered an appearance in this proceeding on behalf of Westchester Citizens Awareness Network, Rockland County Conservation Association, Public Health and Sustainable Energy, Sierra Club - Atlantic Chapter, and Assemblyman Richard Brodsky (collectively, WestCAN), the Board presumes that the letter was sent on behalf of WestCAN.
The letter requests clarification of the Boards March 25, 2008, Order and asks that the Board reconsider its decision canceling oral argument on the admissibility of WestCANs contentions.1 First, the correct vehicle for requesting clarification of an Order and/or the reconsideration of an Order is by filing a Motion, not by sending a letter to the Judges who issued the Order. Having noted this error, we shall treat Ms. Wagners letter as a Motion by WestCAN for Clarification and Reconsideration of the Boards March 25 Order.
2 See Licensing Board Order (Scheduling Oral Argument on the Admissibility of Contentions) (Feb. 29, 2008) [hereinafter February 29 Order].
3 See Licensing Board Order (Scheduling WestCAN Oral Argument ) (Mar. 7, 2008)
[hereinafter March 7 Order].
4 The Board expressly stated in the Orders of February 29, March 7, and March 25 that we were scheduling oral arguments 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. See February 29 Order at 3-5; March 7 Order at 2-3; March 25 Order at 1-2.
Second, the Board has repeatedly advised the participants in this proceeding that [a]
motion must be rejected if it does not include a certification by the attorney... of the moving party that the movant has made a sincere effort to contact other parties in the proceeding and resolve the issue(s) raised in the motion.... 10 C.F.R. § 2.323(b). Having been advised of this requirement several times, WestCAN did not comply with Section 2.323(b). Accordingly, we are not at liberty to act favorably on WestCANs Motion.
Third, even if WestCAN had met the procedural requirements of Section 2.323(b), its Motion lacks merit. The Boards March 25 Order was clear, and WestCAN has presented no persuasive argument why we should reschedule oral argument. As stated in that Order, and in our earlier Scheduling Orders dated February 29, 2008,2 and March 7, 2008,3 oral argument was intended as an opportunity for the Board to direct questions to the attorneys representing Petitioners, the NRC Staff, and Entergy, as we deemed appropriate, in order to clarify our understanding of contentions that had been submitted, and the NRC Staffs and the Applicants responses thereto.4 Since we currently have no questions to ask WestCAN, the NRC Staff, or Entergy, regarding the admissibility of WestCANs Contentions, scheduling an oral argument at this time would serve only to delay this proceeding.
In sum, the Board has concluded that our understanding of the issues would not be materially assisted by oral argument and that our understanding of the issues presented by 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.
WestCANs contentions is adequate to enable us to properly rule on their admissibility.
Accordingly, we see no reason to revisit our earlier decision, or to schedule additional oral argument at this time.
Therefore, for the reasons stated above, WestCANs Motion for Clarification and Reconsideration of the Boards Order of March 25, 2008, is DENIED.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD5
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD April 3, 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 (RELATING TO WAGNER LETTER DATED MARCH 31, 2008) 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 (RELATING TO WAGNER LETTER DATED MARCH 31, 2008)
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 (RELATING TO WAGNER LETTER DATED MARCH 31, 2008) 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 (RELATING TO WAGNER LETTER DATED MARCH 31, 2008) 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 3rd day of April 2008