ML081080420

Riverkeeper, Inc.'S Response to April 1, 2008, Order Regarding Service by Westcan

ML081080420
Person / Time
Site:	Indian Point
Issue date:	04/07/2008
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
SECYRAS
References
50-247-LR, 50-286-LR, RAS E-75
Download: ML081080420 (7)

Text

Rfts April 7, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD DOCKETED USNRC Before Administrative Judges: April 7, 2008 (11:38am)

Lawrence G. McDade, Chairman OFFICE OF SECRETARY Dr. Richard E. Wardwell

• RULEMAKINGS AND Dr. Kaye D. Lathrop ADJUDICATIONS STAFF

)

In the Matter of )

)

Entergy Nuclear Operations, Inc. ) Docket Nos.

(Indian Point Nuclear Generating ) 50-247-ýLR Station, Units 2 and 3) ) and 50-286-LR RIVERKEEPER, INC.'S RESPONSE TO APRIL 1, 2008, ORDER REGARDING SERVICE BY WESTCAN Pursuant to the Atomic Safety and Licensing Board's ("ASLB's") Order (Third Order Relating to the Service and Content of WestCAN's Reply Dated Feb. 15, 2008),

Riverkeeper, Inc. ("Riverkeeper") provides the information requested by the ASLB regarding Riverkeeper's electronic receipt of documents submitted to the ASLB by WestCAN on March 21, 2008. Separately, Riverkeeper's counsel are also forwarding the messages they received from WestCAN on March 21 to the Office of the Secretary.

1. Diane Curran (dcurTangharmoncurran.com) received two e-mail messages from Sarah L. Wagner. The first e-mail message, entitled "WestCAN's Reply to the ASLB Order 3.7.08," stated that it was the first of two e-mails enclosing WestCAN's Reply Brief in response to the Atomic Safety and Licensing Board Order of March 7, 2008. One of the attachments to the e-mail was a document entitled "TABLE OF

,3e- -y - -7,

CONTENTS," which listed Exhibits A through G but did not include exhibits H or I.

The attachments to the e-mail included Exhibits A and B, but no other exhibits.

On March 21, 2008, Ms. Curran also received a second e-mail message, stating that Ms. Wagner had attempted to mail her two separate e-mails containing WestCAN's reply to the ASLB's March 7, 2008, Order, but that delivery failed. The message requested Ms. Curran to contact Ms. Wagner if she would like Ms. Wagner to re-send the documents electronically. Ms. Curran did not request Ms. Wagner to re-send the documents.

2. Phillip Musegaas (Phillipgriverkeeper.org) received three e-mail messages from Sarah Wagner on March 21, 2008. The first message was entitled "WestCAN's Reply to the ASLB Order 3.7.08." The body of this message stated that attached was WestCAN's reply brief in response to the Board's Order of March 7, 2008. One of the attachments to this e-mail was entitled "TABLE OF CONTENTS," and it contained a list of Exhibits A-G, but not Exhibits H or I. The second e-mail message was entitled "Part 2 WestCAN's Reply to ASLB Order 3.7.08," and the body of the message contained the same language as the first e-mail. Two of the attachments to this e-mail were entitled Exhibits H and I, respectively. Exhibit H appeared to be photocopies of DHL receipts, and Exhibit I appeared to be a copy of an e-mail message from NRC Staff Counsel to various WestCAN petitioners and Entergy counsel. The third e-mail appeared to be an exact copy of the second, and was sent at the same time with the same attachments.

3. Victor Tafur (vtafur@riverkeeper.org) received two e-mail messages from Sarah L. Wagner. The first e-mail message, entitled "WestCAN's Reply to the ASLB 2

Order 3.7.08," stated that it was the first of two e-mails enclosing WestCAN's Reply Brief in response to the Atomic Safety and Licensing Board Order of March 7, 2008.

One of the attachments to the e-mail was a document entitled "TABLE OF CONTENTS," which listed Exhibits A through G but did not include exhibits H or I.

The attachments to the e-mail included Exhibits A and B, but no other exhibits.

The second e-mail message was entitled "Part 2 WestCAN's Reply to ASLB Order 3.7.08," and the body of the message contained the same language as the first e-mail. Two of the attachments to this e-mail were entitled Exhibits H and I, respectively.

Exhibit H appeared to be photocopies of DHL-receipts, and Exhibit I appeared to be a copy of an e-mail message from NRC Staff Counsel to various WestCAN petitioners and Entergy counsel.

spect mitted, iane Cran 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 dcurrangharmoncurran.com Phillip Musegaas Staff Attorney Riverkeeper, Inc.

828 South Broadway Tarrytown, NY 10591 914-478-4501 (ext. 224)

Fax 914-478-4527 phillipairiverkeeper.org www.riverkeeper.org 3

[r(..

Victor M. Tafur Senior Attorney Riverkeeper, Inc.

828 South Broadway Tarrytown, NY 10591 914-478-4501 (ext. 224)

Fax 914-478-4527 vtafur(Qriverkeeper.org April 7, 2008 4

CERTIFICATE OF SERVICE I certify that on April 7, 2008, copies of the foregoing Riverkeeper, Inc.'s Response to April 1, 2008, Order Regarding Service by WestCAN 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.Snook(apo.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: mdelaney@nycedc.com i

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,.oneiil(inmorganlewi s.com Also by e-mail: fuse usa@yahoo.com Dbessette(&imorganlewis.com ksuttonCglmorganlewis.com i

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: mbsaourrocklandoffice.com Also by e-mail: OCAAMAIL nrc.gov i

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. SiposCoag.state;ny.us; Washington, D.C. 20555 sbtnrc.gov; lbs3@nrc.gov; bnm2@nrc.gov; deronrc.gov; Kimberly. sexton@nZrc.pov; christopher.chandler(&nrc.Rov

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: HEARINGDOCKETnnrc. gov Also by e-mail: wdennisgentergy.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: sfiller@nylawline.com Also by e-mail: Mannajoaclearwater.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: jdp3@(westchestergov.com By e-mail: jlmatthewsgw.dec.state.n,.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~cnrc.gov New York, NY 10022 Also by e-mail: driesel(asprlaw.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: Kaye. Lathrop@nrc.gov Also by e-mail: NancyBurtonCT@aol.com Elise N. Zoli, Esq. Phillip Musegaas, Esq.

Goodwin Procter, LLP Victor Tafur, Esq.

53 State Street Riverkeeper, Inc.

Boston, MA 02109 828 South Broadway Also by e-mail: ezoli(,goodwinprocter.corn Tarrytown, NY 10591 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 6 th Floor Washington, D.C. 20555-0001 New York, NY 10271 Marcia.Carpenter(,nrc.gov Also by e-mail: Janice. deangoag. state.ny. us 2

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.denerstein(~oag.state.ny.us New Paltz, NY 12561 Also by e-mail: jlparker~,gw.dec.state.ny.us Diane Curran 3