ML100221425
| ML100221425 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/22/2010 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SEC RAS | |
| References | |
| 07-858-03-LR-BD01 | |
| Download: ML100221425 (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 January 22, 2010 ORDER (Granting New Yorks Motion To Establish February 25, 2010 As The Date By Which New York May File Contentions Related To Entergys Revised Submission Concerning Severe Accident Mitigation Alternatives)
Pending before this Board is a Motion by the State of New York requesting that we set February 25, 2010, as the date by which it may file new or amended contentions related to Entergys revised submission concerning severe accident mitigation alternatives (SAMA).1 New York justifies this request, inter alia, because it received Entergys revised SAMA submissions and documents related to those revised SAMA submissions during the holiday season.2 Because of the timing of these transfers of data, New York represents that its review of this data and any new or amended contentions that may arise out of such review will be adequate and complete if New York is permitted to file contentions by February 25, 2010.3 New York also claims that such a schedule will not have a material impact on the pace of this proceeding 1 Motion by the State of New York for a Schedule Establishing February 25, 2010 as the Date by Which the State May File Contentions Related to Entergys Revised Submission Concerning Severe Accident Mitigation Alternatives (Jan. 21, 2010).
2 Id. at 1-3.
3 Id. at 2-3 (citations omitted).
since evidentiary hearings are typically not held until the NRC Staff issues its Final Supplemental Environmental Impact Statement and Final Safety Evaluation Report, neither of which has been issued.4 Lastly, pursuant to 10 C.F.R. § 2.323, New York declares that it has discussed this matter with Entergy and the Applicant responded that it did not oppose the proposed schedule.5 Further, New York represents that the NRC Staff stated that it took no position on the Motion.6 There being no objection by either Entergy or the NRC Staff, the Board hereby grants the Motion to permit possible new or amended contentions based on Entergys revised SAMA submissions to be filed by February 25, 2010. Accordingly, new contentions filed by the State of New York on or before February 25, 2010, which arise out of Entergys revised SAMA submissions from December 21, 2009, through January 20, 2010, will be deemed timely under 10 C.F.R. § 2.309(f)(2).
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD7 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD January 22, 2010 4 Id. at 3 (citations omitted).
5 Id. at 3-4.
6 Id. at 4.
7 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 ORDER (GRANTING NEW YORKS MOTION TO ESTABLISH FEBRUARY 25, 2010 AS THE DATE BY WHICH NEW YORK MAY FILE CONTENTIONS RELATED TO ENTERGYS REVISED SUBMISSION CONCERNING SEVERE ACCIDENT MITIGATION ALTERNATIVES) 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 Joshua A. Kirstein, 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.
Brian Harris, Esq.
Andrea Z. Jones, Esq.
Karl Farrar, Esq.
Brian Newell, Paralegal
2 Docket Nos. 50-247-LR and 50-286-LR ORDER (GRANTING NEW YORKS MOTION TO ESTABLISH FEBRUARY 25, 2010 AS THE DATE BY WHICH NEW YORK MAY FILE CONTENTIONS RELATED TO ENTERGYS REVISED SUBMISSION CONCERNING SEVERE ACCIDENT MITIGATION ALTERNATIVES)
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 ORDER (GRANTING NEW YORKS MOTION TO ESTABLISH FEBRUARY 25, 2010 AS THE DATE BY WHICH NEW YORK MAY FILE CONTENTIONS RELATED TO ENTERGYS REVISED SUBMISSION CONCERNING SEVERE ACCIDENT MITIGATION ALTERNATIVES) 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 ORDER (GRANTING NEW YORKS MOTION TO ESTABLISH FEBRUARY 25, 2010 AS THE DATE BY WHICH NEW YORK MAY FILE CONTENTIONS RELATED TO ENTERGYS REVISED SUBMISSION CONCERNING SEVERE ACCIDENT MITIGATION ALTERNATIVES)
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 Sarah L. Wagner, Esq.
Legislative Office Building, Room 422 Albany, NY 12248
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 22nd day of January, 2010