ML090430439
| ML090430439 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/12/2009 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, RAS E-220 | |
| Download: ML090430439 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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. 50-0247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 February 12, 2009 Order (Granting Petitioners Joint Motion for an Extension of Time)
On February 5, 2009, the State of New York, the State of Connecticut, Riverkeeper, Inc.,
and Hudson River Sloop Clearwater (collectively, Petitioners) filed a joint motion requesting an extension of time, until March 18, 2009, for the filing of new and amended contentions related to the NRC Staffs Draft Safety Evaluation Report (Draft SER) and Audit Reports.1 In support of this motion, the Petitioners represented that an extension is necessary because (a) the Draft SER is complex and voluminous and additional time is needed to carefully review the document and prepare well-written and high-quality contentions; (b) the requested extension will not have a material impact on the schedule for this proceeding since the adjudicatory hearing will not be scheduled until after the Final SER and the Final Supplemental Environmental Impact Statement are released; and (c) there are several other deadlines and obligations relevant to this proceeding in the same time frame as the original deadline. Id. at 2-4.
The NRC Staff did not oppose the Joint Motion so long as it is given a commensurate extension of time to respond (through April, 27, 2009). Id. at 4-5. Entergy Nuclear Operations, 1 Joint Motion Requesting Establishment of a Date Certain for the Filing of New or Amended Contentions Related to the Draft Safety Evaluation Report and Audit Reports (Feb. 5, 2009)
[hereinafter Joint Motion].
Inc. (Entergy) filed an answer to the Joint Motion on February 10, 2009, in which it stated that it did not oppose an extension of time until March 4, 2009, but argued that any longer extension of time was unwarranted.2 The Board hereby grants the Joint Motion. New and amended contentions based on new information presented in the Draft SER and Audit Reports shall be considered timely if filed by the Petitioners on or before March 18, 2009. Any answers thereto shall be filed on or before April 27, 2009.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 12, 2009 2 Entergys Answer to Joint Motion for Extension of Time to File Amended/New Contentions Based on Draft Safety Evaluation Report (Feb. 10, 2009).
3 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 Riverkeeper, Inc.; (5) Manna Jo Green, the Representative for Clearwater; (6) Counsel for the State of Connecticut; (7) Counsel for Westchester County; (8) Counsel for the Town of Cortlandt; (9) Mayor Alfred J. Donahue, the Representative for the Village of Buchanan; and (10) Counsel for the New York City Economic Development Corporation.
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC.
)
Docket Nos. 50-247-LR
)
50-286-LR
)
(Indian Point Nuclear Generating Station,
)
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING PETITIONERS JOINT MOTION FOR AN EXTENSION OF TIME) 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 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 Administrative Judge Lawrence G. McDade, Chair Administrative Judge Richard E. Wardwell Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.
Ridgway, CO 81432 Zachary S. Kahn, Law Clerk U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Sherwin E. Turk, Esq.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Jessica A. Bielecki, Esq.
Marcia J. Simon, Esq.
Karl Farrar, Esq.
Brian Harris, Esq.
Brian Newell, Paralegal
2 Docket Nos. 50-247-LR and 50-286-LR LB ORDER (GRANTING PETITIONERS JOINT MOTION FOR AN EXTENSION OF TIME)
William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Andrew M. Cuomo, Attorney General John J. Sipos, Assistant Attorney General Mylan L. Denerstein Deputy Assistant Attorney General Division of Social Justice Janice A. Dean Assistant Attorney General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Martin J. ONeill, Esq.
Mauri T. Lemoncelli, Esq.
Counsel for Entergy Nuclear Operation, Inc.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 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 Michael J. Delaney Vice President, Energy Department New York City Economic Development Corporation (NYCEDC) 110 William Street New York, NY 10038 Robert D. Snook, Esq.
Office of The Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman New York Affordable Reliable Electricity Alliance (AREA) 347 Fifth Avenue, Suite 508 New York, NY 10016 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591
Docket Nos. 50-247-LR and 50-286-LR LB ORDER (GRANTING PETITIONERS JOINT MOTION FOR AN EXTENSION OF TIME) 3 Daniel E ONeill, Mayor James Siermarco, M.S.
Liaison to Indian Point Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Manna Jo Greene, Environmental Director Hudson River Sloop Clearwater 112 Little Markey Street Poughkeepsie, NY 12601 Thomas F. Wood, Esq.
Town of Cortlandt Daniel Riesel, Esq.
Jessica Steinberg, J.D.
Counsel for the Town of Cortlandt Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Nancy Burton, Esq.
Connecticut Residents Opposed to Relicensing of Indian Point (CRORIP) 147 Cross Highway Redding Ridge, CT 06876 Elise N. Zoli, Esq.
Goodwin Proctor, LLP Exchange Place 53 State Street Boston, MA 02109 Justin D. Pruyne Assistant County Attorney, Litigation Bureau Of Counsel to Charlene M. Indelicato, Esq.
Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 FUSE USA John LeKay Heather Ellsworth Burns-DeMelo Remy Chevalier Bill Thomas Belinda J. Jaques 351 Dyckman Street Peekskill, New York 10566 Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network, (CAN), et al Susan H. Shapiro, Esq.
21 Pearlman Drive Spring Valley, NY 10977
4 Docket Nos. 50-247-LR and 50-286-LR LB ORDER (GRANTING PETITIONERS JOINT MOTION FOR AN EXTENSION OF TIME)
Victor M. Tafur, Senior Attorney Philip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523 Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg,
& Eisenberg, LLP 1726 M. Street NW, Suite 600 Washington, DC 20036 Sarah L. Wagner, Esq.
Legislative Office Building, Room 422 Albany, NY 12248
[Original signed by Linda D. Lewis]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of February 2009