ML081080420
| 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.
)
(Indian Point Nuclear Generating
)
Station, Units 2 and 3)
)
Docket Nos.
50-247-ýLR 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
,3 e- -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
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
[r(..
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 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: Lawrence.McDadegnrc. gov Robert D. Snook, Esq.
Assistant Attorney General 55 Elm Street, P.O. Box 120 Hartford, CT 06141-0120 By e-mail: Robert.Snook(apo.state.ct.us Richard E. Wardwell Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: Richard. Wardwell @nrc.gov Michael J. Delaney, V.P. - Energy New York City Econ. Development Corp.
110 William Street New York, NY 10038 Also by e-mail: mdelaney@nycedc.com i
John LeKay Heather Ellsworth Burns-DeMelo Remy Chevalier Bill Thomas Belinda J. Jaques FUSE USA 351 Dyckman Street Peekskill, NY 10566 Also by e-mail: fuse usa@yahoo.com Martin J. O'Neill, Esq.
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Mauri T. Lemoncelli, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave. N.W.
Washington, D.C. 20004 martin,.oneiil(inmorganlewi s.com Dbessette(&imorganlewis.com ksuttonCglmorganlewis.com Susan H. Shapiro, Esq.
21 Perlman Drive Spring Valley, NY 10977 Also by e-mail: mbsaourrocklandoffice.com i Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: OCAAMAIL nrc.gov John J. Sipos, Esq.
Assistant Attorney General Office of the New York Attorney General for the State of New York The Capitol Albany, New York 12224 Also by e-mail: John. SiposCoag.state;ny.us; i Sherwin E. Turk, Esq., Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq., David E. Roth, Esq.
Christopher C. Chandler, Esq.
Kimberly A. Sexton, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission 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 Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: HEARINGDOCKETnnrc. gov William C. Dennis, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Also by e-mail: wdennisgentergy.com Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591 Also by e-mail: sfiller@nylawline.com Manna Jo Greene Hudson River Sloop Clearwater, Inc.
112 Little Market Street Poughkeepsie, NY 12601 Also by e-mail: Mannajoaclearwater.org Justin D. Pruyne, Esq.
Assistant County Attorney, Litigation Bureau Of Counsel to Charlene M. Indelicato, Esq.
Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 Also by e-mail: jdp3@(westchestergov.com Joan Leary Matthews, Esq.
Senior Attorney for Special Projects New York State Department of Environmental Conservation 625 Broadway, 14th floor Albany, New York 12233-5500 By e-mail: jlmatthewsgw.dec.state.n,.us Zackary S. Kahn, Esq., Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: Zachary.Kahn~cnrc.gov Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Sive, Paget and Riesel, P.C.
460 Park Avenue New York, NY 10022 Also by e-mail: driesel(asprlaw.com.
Judge Kaye D. Lathrop 190 Cedar Lane East Ridgeway, CO 81432 Also by e-mail: Kaye. Lathrop@nrc.gov Nancy Burton 147 Cross Highway Redding Ridge, CT 06878 Also by e-mail: NancyBurtonCT@aol.com Elise N. Zoli, Esq.
Goodwin Procter, LLP 53 State Street Boston, MA 02109 Also by e-mail: ezoli(,goodwinprocter.corn Phillip Musegaas, Esq.
Victor Tafur, Esq.
Riverkeeper, Inc.
828 South Broadway 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 6th 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: j lparker~,gw.dec.state.ny.us Diane Curran 3