ML100260192
| ML100260192 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/26/2010 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| ASLBP 07-858-03-LR-BD01, Indian Point 2 & 3, RAS E-321 | |
| Download: ML100260192 (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 Docket Nos. 50-0247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) January 26, 2010 ORDER (Granting NRC Staffs Unopposed Request for an Extension of Time)
On January 25, 2010, the NRC Staff requested an extension of time within which to file its response to the State of New Yorks motion to compel production of the MACCS2 codes that was filed on January 15, 2010. 1 Specifically, the NRC Staff asks that the deadline for filing its response to New Yorks motion be extended from January 25, 2010 to January 27, 2010. 2 The NRC Staffs stated rationale for this extension is the need for its counsel to comprehensively consult with NRC Staff employees and Sandia National Laboratory personnel who possess specialized knowledge of the facts pertinent to the States Motion, which the NRC Staff 1
NRC Staffs Unopposed Request for an Extension of Time to Respond to the State of New Yorks Motion to Compel NRC Staff to Produce MACCS2 Codes Absent a Fee in Compliance with the National Environmental Policy Act and NRC Disclosure Obligations (Jan. 25, 2010)
[hereinafter NRC Staffs Motion]. See Motion to Compel NRC Staff to Produce the MACCS2 Codes Absent a Fee in Compliance with the National Environmental Policy Act and NRC Disclosure Obligations (Jan. 15, 2010).
2 NRC Staffs Motion at 1-3. Since New Yorks Motion was filed on January 15, 2010, answers in support of or in opposition to that motion would have been due January 25, 2010. See 10 C.F.R. § 2.323(c) (Within ten (10) days after service of a written motion . . . a party may file an answer in support of or in opposition to the motion, accompanied by affidavits or other evidence.).
represents was not possible within the presumptive deadline set by NRC regulations due to New Yorks filing of its motion on the eve of a weekend followed by a federal holiday. 3 The NRC Staff concedes that it ordinarily would have been required to file this request one business day before the deadline (which would have been Friday, January 22, 2010. 4 Nevertheless, both New York and Entergy Nuclear Operations, Inc. (Entergy) did not object to the NRC Staffs request after consultation with the NRC Staff. 5 There being no objection by New York or Entergy, the Board hereby grants the request.
The NRC Staff may file its response to New Yorks motion to compel on or before January 27, 2010.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD 6
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD January 26, 2010 3
Id. at 2.
4 Id. at 3.
5 Id. at 3. The Board notes that the NRC Staffs obligation to consult other parties before filing a motion arises under 10 C.F.R. § 2.323(b), not § 2.323(a).
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 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.
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 NRC STAFFS UNOPPOSED REQUEST 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 U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Sherwin E. Turk, Esq.
Administrative Judge Beth N. Mizuno, Esq.
Lawrence G. McDade, Chair David E. Roth, Esq.
Brian Harris, Esq.
Administrative Judge Andrea Z. Jones, Esq.
Richard E. Wardwell Karl Farrar, Esq.
Brian Newell, Paralegal Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.
Ridgway, CO 81432 Zachary S. Kahn, Law Clerk Joshua A. Kirstein, Law Clerk
2 Docket Nos. 50-247-LR and 50-286-LR ORDER (GRANTING NRC STAFFS UNOPPOSED REQUEST FOR AN EXTENSION OF TIME)
William C. Dennis, Esq. Andrew M. Cuomo, Attorney General Assistant General Counsel John J. Sipos, Assistant Attorney General Entergy Nuclear Operations, Inc. Mylan L. Denerstein 440 Hamilton Avenue Deputy Assistant Attorney General White Plains, NY 10601 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. Joan Leary Matthews, Esq.
Paul M. Bessette, Esq. Senior Attorney for Special Projects Martin J. ONeill, Esq. New York State Department Mauri T. Lemoncelli, Esq. of Environmental Conservation Counsel for Entergy Nuclear Operation, Inc. 625 Broadway, 14th Floor Morgan, Lewis & Bockius, LLP Albany, New York 12233-5500 1111 Pennsylvania Avenue, NW Washington, DC 20004 Michael J. Delaney Robert D. Snook, Esq.
Vice President, Energy Department Office of The Attorney General New York City Economic Development State of Connecticut Corporation (NYCEDC) 55 Elm Street 110 William Street P.O. Box 120 New York, NY 10038 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman Stephen C. Filler, Board Member New York Affordable Reliable Electricity Hudson River Sloop Clearwater, Inc.
Alliance (AREA) 303 South Broadway, Suite 222 347 Fifth Avenue, Suite 508 Tarrytown, NY 10591 New York, NY 10016
3 Docket Nos. 50-247-LR and 50-286-LR ORDER (GRANTING NRC STAFFS UNOPPOSED REQUEST FOR AN EXTENSION OF TIME)
Daniel E ONeill, Mayor Manna Jo Greene, Environmental Director James Siermarco, M.S. Hudson River Sloop Clearwater Liaison to Indian Point 112 Little Markey Street Village of Buchanan Poughkeepsie, NY 12601 Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Thomas F. Wood, Esq. Nancy Burton, Esq.
Town of Cortlandt Connecticut Residents Opposed Daniel Riesel, Esq. to Relicensing of Indian Point (CRORIP)
Jessica Steinberg, J.D. 147 Cross Highway Counsel for the Town of Cortlandt Redding Ridge, CT 06876 Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Elise N. Zoli, Esq. Justin D. Pruyne Goodwin Proctor, LLP Assistant County Attorney, Litigation Bureau Exchange Place Of Counsel to Charlene M. Indelicato, Esq.
53 State Street Westchester County Attorney Boston, MA 02109 148 Martine Avenue, 6th Floor White Plains, NY 10601 FUSE USA Westchester Citizens Awareness Network John LeKay (WestCan), Citizens Awareness Network, Heather Ellsworth Burns-DeMelo (CAN), et al Remy Chevalier Susan H. Shapiro, Esq.
Bill Thomas 21 Pearlman Drive Belinda J. Jaques Spring Valley, NY 10977 351 Dyckman Street Peekskill, New York 10566 Philip Musegaas, Esq. Richard L. Brodsky Deborah Brancato, Esq. Assemblyman Riverkeeper, Inc. 5 West Main Street 828 South Broadway Suite 205 Tarrytown, NY 10591 Elmsford, NY 10523
4 Docket Nos. 50-247-LR and 50-286-LR ORDER (GRANTING NRC STAFFS UNOPPOSED REQUEST FOR AN EXTENSION OF TIME)
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 26th day of January, 2010