ML081050259
| ML081050259 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/03/2008 |
| From: | Curran D, Musegaas P, Tafur V Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Riverkeeper |
| To: | Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS E-50 | |
| Download: ML081050259 (7) | |
Text
DOCKETED USNRC April 4, 2008 (8:00am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF April 3, 2008 UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop
)
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 RIVERKEEPER, INC.'S UNOPPOSED MOTION FOR MODIFIED BRIEFING SCHEDULE WITH RESPECT TO AMENDED CONTENTION TC-1 In the last several days, it has become apparent that Riverkeeper, Inc., and the U.S. Nuclear Regulatory Commission ("NRC" or "Commission") Staff have had differing interpretations of the Atomic Safety and Licensing Board's ("ASLB's") March 18, 2008, Order (Scheduling Briefing Regarding the Effects of License Amendment 2 on Pending Contentions) with respect to the schedule for the NRC Staffs response to Riverkeeper's Request for Admission of Amended Contention TC-l (March 5, 2008)
("Amended Contention TC-1"). As a result of these differing interpretations, it now
' While the parties have set aside their disagreement regarding their respective interpretations of the Order, the difference can be summarized as this: the NRC Staff has interpreted the language on page 2 of the Order to give the Staff until April 21, 2008, to submit its answer to Amended Contention TC-I and any amended contention which may.
be filed by the State of New York on this subject (cf Tr. 559, 561), while Riverkeeper respectfully submits that the Order confuses the types of supplemental submissions 0S
appears that pursuant to 10 C.F.R. § 2.309(f), Riverkeeper must reply by April' 8, 2008, to Entergy's answer to Amended Contention TC-I (which Entergy filed on March 3 1, 2008), two weeks before the NRC Staff intends to respond to Amended Contention TC-1.
In an attempt to resolve the scheduling difficulties caused by the parties' conflicting interpretations of the ASLB's Order, Riverkeeper consulted with counsel for Staff as well as counsel for Entergy Nuclear Operations, Inc. ("Entergy"). The three parties have agreed to the following modified schedule that, if adopted in full by the ASLB, addresses all of their concerns: 2 (a) Riverkeeper will accept the NRC Staff's interpretation of the ASLB's March 5 Order with respect to the April 21 deadline for the NRC Staff's answer to Amended Contention TC-1; (b) Although the Order states that '[n]o other pleadings" regarding requested by the Board from New York State and Riverkeeper. The Order references pgs. 586-587 of the transcript as supporting the statement that the Board allowed Riverkeeper the opportunity to reply to the Staff's change of position on TC-1. However, that portion of the transcript refers to the Board's decision to allow Riverkeeper to reply to the Staff s change of position regarding EC-1, not TC-1. Riverkeeper, and apparently Entergy counsel, were operating under the assumption that there was one schedule for Entergy and the NRC Staff to answer Riverkeeper's Amended TC-1, and another schedule for Riverkeeper to submit additional filings to the Board regarding Contentions EC-I and EC-2. See tr. 586-87, 630-37. See also Riverkeeper's March 14, 2008 letter to the ASLB. Therefore, Riverkeeper expected the Staff to file its answer to Amended Contention TC-1 by March 31, 2008, as would be required by 10 C.F.R. § 2.309(h)(2),
and as the Staff stated it would do in its letter to the ASLB of March 17, 2008 (filed prior to issuance of the Licensing Board's scheduling Order of March 18, 2008).
2 Counsel for Entergy has stated that Entergy agrees to this schedule only if the ASLB approves of April 21 as the deadline for the Staff's answer to Amended Contention TC-1.
If the ASLB establishes some other date for the Staff s response, then Entergy would insist that Riverkeeper must file its reply to Entergy's opposition to Amended Contention TC-2 by April 8, 2008, or seven days after it was received (after 5 p.m. on March 3 1, 2008). 10 C.F.R. §§ 2.309(h)(2), 2.306.
2
Amended Contention TC-1 will be permitted after April 21, Riverkeeper should be~allowed to reply to both the NRC Staff's and Entergy's answers to Amended Contention TC-1, as contemplated by 10 C.F.R. § 2.309(h)(2) and the Licensing Board's remarks during oral argument (Tr. 561);
(c) It is appropriate for Riverkeeper to submit a consolidated reply to both Entergy and the NRC Staff; and (d) While. 10 C.F.R. § 2.3 09(h)(2) ordinarily would allow Riverkeeper only seven days for a reply, it is appropriate to allow Riverkeeper ten days in this instance, because both counsel who are responsible for Contention TC-1 (Ms.
Curran and Mr. Musegaas) will be out of town for several days between April 21 and April 28.
(e) It will not be necessary for Riverkeeper to file a pleading on April 7, 2008, that addresses the NRC Staff's change of position regarding Contention TC-1, because that issue can be addressed in Riverkeeper's reply to the NRC Staff's response to Amended Contention TC-1.3 Accordingly, Riverkeeper requests the ASLB to approve a schedule that confirms the NRC Staff may submit its answer to Amended Contention TC-1 by April 21, 2008, and that allows Riverkeeper to reply to both the Staff s and Entergy's answers to Amended Contention TC-1 by May 1, 2008. Counsel for Entergy and Counsel for the Staff have authorized Riverkeeper to state that they do not oppose this motion or the 3 As stated in Riverkeeper's letter to the ASLB of March 14, 2008, however, Riverkeeper intends to address the Staff's change of position on Contention EC-1 in a pleading to be filed on April 7, 2008. In addition, Riverkeeper will address questions raised by the ASLB regarding Contention EC-2.
3
relief requested herein.
Respectfully submitted, Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 FAX 202/328-6918 dcurran@hamroncurran.com Phillip Musegaas Staff Attorney Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 914-478-4501 (ext. 224)
Fax 914-478-4527 phillip(griverkeeper.org www.riverkeeper.org Victor M. Tafur Senior Attorney Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 914-478-4501 (ext. 222)
Fax 914-478-4527 vtafurgriverkeeper.org April 3, 2008 4
CERTIFICATE OF SERVICE I certify that on April 3, 2008, copies of the foregoing motion from Riverkeeper, Inc. to the Atomic Safety and Licensing Board were served on the following by e-mail and first-class mail:
Lawrence G. McDade, Chair Robert D. Snook, Esq.
Atomic Safety and Licensing Board Panel Assistant Attorney General Atomic Safety and Licensing Board 55 Elm Street, P.O. Box 120 U.S. Nuclear Regulatory Commission Hartford, CT 06141-0120 Washington, D.C. 20555 By e-mail: Robert.Snookgpo.state.ct.us Also by e-mail: Lawrence.McDadegnrc.gov Richard E. Wardwell Michael J. Delaney, V.P. - Energy Atomic Safety and Licensing Board New York City Econ. Development Corp.
U.S. Nuclear Regulatory Commission 110 William Street Washington, D.C. 20555 New York, NY 10038 Also by e-mail: Richard.Wardwell nrc.gov Also by e-mail: mdelaneyknycedc.com John LeKay Martin J. O'Neill, Esq.
Heather Ellsworth Burns-DeMelo Kathryn M. Sutton, Esq.
Remy Chevalier Paul M. Bessette, Esq.
Bill Thomas Mauri T. Lemoncelli, Esq.
Belinda J. Jaques Morgan, Lewis & Bockius, LLP FUSE USA 1111 Pennsylvania Ave. N.W.
351 Dyckman Street Washington, D.C. 20004 Peekskill, NY 10566 martin.oneillgmorganlewis.com Also by e-mail: fuse usagyahoo.com pbessettekmorganlewis.com ksutton(kmorganlewis.com Susan H. Shapiro, Esq.
Office of Commission Appellate Adjudication 21 Perlman Drive U.S. Nuclear Regulatory Commission Spring Valley, NY 10977 Washington, D.C. 20555 Also by e-mail: mbskourrocklandoffice.com Also by e-mail: OCAAMAIL unrc.gov John J. Sipos, Esq.
Sherwin E. Turk, Esq., Lloyd B. Subin, Esq.
Assistant Attorney General Beth N. Mizuno, Esq., David E. Roth, Esq.
Office of the New York Attorney General Christopher C. Chandler, Esq.
for the State of New York Kimberly A. Sexton, Esq.
The Capitol Office of General Counsel Albany, New York 12224 U.S. Nuclear Regulatory Commission Also by e-mail: John.Siposgoag.state.ny.us; Washington, D.C. 20555 sbt@nrc.gov; lbs3@nrc. gov; bnmn2@nrc.gov; dergnrc.gov; Kimberly.sexton(Inrc. gov; christopher.chandlergnrc. gov
Office of the Secretary William C. Dennis, Esq.
Rulemakings and Adjudications Staff Entergy Nuclear Operations, Inc.
U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, D.C. 20555 White Plains, NY 10601 Also by e-mail: HEARINGDOCKET@nrc.gov Also by e-mail: wdennis@entergy.com Stephen C. Filler, Board Member Manna Jo Greene Hudson River Sloop Clearwater, Inc.
Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 112 Little Market Street Tarrytown, NY 10591 Poughkeepsie, NY 12601 Also by e-mail: sfillergnylawline.com Also by e-mail: Mannaiogclearwater.org Justin D. Pruyne, Esq.
Joan Leary Matthews, Esq.
Assistant County Attorney, Litigation Bureau Senior Attorney for Special Projects Of Counsel to Charlene M. Indelicato, Esq.
New York State Department Westchester County Attorney of Environmental Conservation 148 Martine Avenue, 6th Floor 625 Broadway, 14th floor White Plains, NY 10601 Albany, New York 12233-5500 Also by e-mail: idp3@westchestergov.com By e-mail: jlmatthewsggw.dec.state.ny.us Zackary S. Kahn, Esq., Law Clerk Thomas F. Wood, Esq.
Atomic Safety and Licensing Board Panel Daniel Riesel, Esq.
U.S. Nuclear Regulatory Commission Sive, Paget and Riesel, P.C.
Washington, D.C. 20555 460 Park Avenue Also by e-mail: Zachary.Kahn~cbnrc.gov New York, NY 10022 Also by e-mail: driesel@sprlaw.com Judge Kaye D. Lathrop Nancy Burton 190 Cedar Lane East 147 Cross Highway Ridgeway, CO 81432 Redding Ridge, CT 06878 Also by e-mail: Kave.Lathropgnrc.gov Also by e-mail: NancyBurtonCTP~aol.com Elise N. Zoli, Esq.
Diane Curran Goodwin Procter, LLP Hannon, Curran, Spielberg, & Eisenberg, 53 State Street L.L.P.
Boston, MA 02109 1726 M Street N.W., Suite 600 Also by e-mail: ezoliggoodwinprocter.com Washington, D.C. 20036 202/328-3500 FAX 202/328-6918 dcurran~aiharmoncurran.com Marcia Carpenter, Esq., Law Clerk Janice A. Dean, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Mail Stop: T-3 E2B Office of the Attorney General U.S. Nuclear Regulatory Commission 120 Broadway, 2 6th Floor Washington, D.C. 20555-0001.
New York, NY 10271 2
.Marcia.Cai enterajnrc.2ov Also by e-mail: Janice.deankoag.state.ny.us Mylan L. Denerstein, Esq.
John L. Parker, Esq.
Executive Deputy Attorney General Regional Attorney, Region 3 120 Broadway, 25th Floor New York State Department of New York, NY 10271 Environmental Conservation Also by e-mail:
21 South Putt Corners mylan.denersteingoag.state.ny.us New Paltz, NY 12561 Also by e-mail: jlparker@gw.dec.state.ny.us Phillip Mgusegaas 3