ML081680539
| ML081680539 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 06/16/2008 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY/RAS | |
| References | |
| 07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS E-109 | |
| Download: ML081680539 (7) | |
Text
1 In addition, Petitions to Intervene were filed by the Village of Buchanan, the City of New York, the New York Affordable Reliable Electricity Alliance, and Friends United For Sustainable Energy but those organizations were dismissed from this proceeding. Licensing Board Order (Denying the Village of Buchanans Hearing Request and Petition to Intervene (Dec. 5, 2007) (unpublished); Licensing Board Order (Denying the City of New Yorks Petition for Leave to Intervene) (Dec. 12, 2007) (unpublished); Licensing Board Order (Denying the New York Affordable Reliable Electricity Alliances Petition to Intervene) (Dec. 12, 2007)
(unpublished); Licensing Board Order (Granting the NRC Staffs Motion to Strike FUSEs Superceding Request for Hearing) (Feb. 1, 2008) (unpublished).
UNITED STATES OF AMERICA DOCKETED 06/16/08 NUCLEAR REGULATORY COMMISSION SERVED 06/16/08 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 June 16, 2008 MEMORANDUM (Notice of Expected Date for Decision On The Admissibility of Contentions)
Pending before the Board are several Requests for Hearing and Petitions for Leave to Intervene (Petitions), which challenge the Indian Point Nuclear Facility (Indian Point) License Renewal Application submitted by Entergy Nuclear Operations, LLC (Entergy) that was submitted to the Nuclear Regulatory Commission (NRC) on April 30, 2007. Currently pending are petitions that were filed by the State of New York, the State of Connecticut, Riverkeeper, Inc., Connecticut Residents Opposed to Relicensing Indian Point (CRORIP), Hudson River Sloop Clearwater, Westchester County, the Town of Cortlandt, and WestCan, RCCA, PHASE, the Sierra Club - Atlantic Chapter and Richard Brodsky (collectively WestCAN).1 Based on the 2 New York requested and was granted additional time to file its Reply. See Licensing Board Order (Granting Motions of New York and Riverkeeper for Extension of Time) (Jan. 31, 2008) (unpublished).
3 See 10 C.F.R. § 2.309(i); see also 70 Fed. Reg. 20,457, 20,462 (Model Milestones for NRC Adjudicatory Proceedings).
4 See Entergy Letter NL-08-021, Letter from Fred R. Dacimo, Entergy Vice President, License Renewal, to NRC Docket Control Desk (Jan. 22, 2008) [License Amendment 2];
Entergy Letter NL-08-057, Letter from Fred R. Dacimo, Entergy Vice President, License Renewal, to NRC Docket Control Desk, (Mar. 24, 2008) [License Amendment 3] Entergy Letter NL-08-074, Letter from Fred R. Dacimo, Entergy Vice President, License Renewal, to NRC Docket Control Desk (Apr. 30, 2008) [License Amendment 4]
5 See Petitioner State of New Yorks Reply to Entergys Answer and NRC Staffs Response to New Yorks Supplemental Contention No. 26-A (Metal Fatigue) (May 1, 2008);
Riverkeeper, Incs Reply to Entergys and NRC Staffs Oppositions to Request for Admission of Amended Contention TC-1 (May 1, 2008).
February 22, 2008 reply filed by New York,2 the Licensing Boards decision granting or denying Petitioners hearing requests would have been due on or before Monday, April 7, 2008.3 After Petitions to Intervene were filed, Entergy filed several amendments to its License Renewal Application.4 These amendments, in turn, generated amendments to contentions and additional pleadings relating to the admissibility of the amended contentions. The last of these supplementary pleadings were submitted on May 1. 2008.5 Accordingly, given these additional pleadings the 45-day period within which the Boards ruling on the admissibility of contentions ordinarily would be issued concludes today, Monday, June 16, 2008.
6 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for the State of Connecticut; (5) Counsel for Riverkeeper, Inc.; (6) Nancy Burton, the Representative of CRORIP; (7) Manna Jo Green, the Representative for Clearwater; (8) Counsel for Westchester County; (9) Counsel for the Town of Cortlandt; and (10) Counsel for WestCan.
Because of the numerous contentions that were filed in this proceeding, it has not been possible for the Board to give each contention the consideration due and to issue its decision within the presumptive 45-day period. Accordingly, the Board hereby provides notice that it anticipates issuing a decision regarding the Petitioners hearing requests no later than July 31, 2008.
FOR THE ATOMIC SAFETY AND LICENSING BOARD6
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD June 16, 2008
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC.
)
Docket Nos. 50-247/286-LR
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)
(Indian Point Nuclear Generating Station,
)
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION ON THE ADMISSIBILITY OF 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.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Jessica A. Bielecki, Esq.
Marcia J. Simon, Esq.
Karl Farrar, Esq.
Brian Newell, Paralegal 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 MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION ON THE ADMISSIBILITY OF 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 MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION ON THE ADMISSIBILITY OF 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 Sarah L. Wagner, Esq.
Legislative Office Building, Room 422 Albany, NY 12248 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 MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION ON THE ADMISSIBILITY OF 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 Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of June 2008