ML100540602
| ML100540602 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/23/2010 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| 50-003-LT-2, 50-247-LT-2, 50-286-LT-2, 72-51-LT-2, CLI-10-09, IE License Transfer 2, RAS 17282 | |
| Download: ML100540602 (5) | |
Text
UNITED STATES OR AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Gregory B. Jaczko, Chairman Dale E. Klein Kristine L. Svinicki
)
In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC., ) Docket Nos. 50-003-LT-2 ENTERGY NUCLEAR INDIAN POINT 2, LLC, and ) 50-247-LT-2, ENTERGY NUCLEAR INDIAN POINT 3, LLC. ) 50-286-LT-2,
) 72-51-LT-2 Indian Point Nuclear Generating, Unit Nos. 1, 2, )
and 3). )
_________________________________________ )
CLI-10-09 MEMORANDUM AND ORDER This matter is before the Commission on the Secretarys Order of July 24, 2009, which requested responses from the NRC Staff and Entergy Nuclear Operations (ENO) to a request by Mr. Sherwood Martinelli for a hearing on ENOs request for an extension of time in which to complete a license transfer as part of a corporate reorganization. The Order also allowed Mr.
Martinelli to file a Reply to the Staffs and ENO Responses. The Secretary asked all concerned to address whether the proposed extension is effectively a license amendment or change in a license condition requiring a hearing. Id. at 2 (footnote omitted).
The Staff, ENO, and Mr. Martinelli have all filed responses. The Staff issued the first requested extension on July 24, 2009 (cases involving license transfers require only a post-effectiveness hearing opportunity, see Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), CLI-92-04, 35 NRC 69, 76-77 (1992), unless potentially significant public health and safety issues [have been] raised. Id. at 78.). That extension expired on January 28, 2010. ENO submitted a request for a second extension, which would run from January 28, 2010 through August 1, 2010, stating that the state regulatory proceedings necessary for the
corporate restructuring have not yet been completed. The Staff granted the second extension request on January 22, 2010.1 Without deciding whether an opportunity for a hearing is required as a matter of law, under the circumstances here we hereby grant Mr. Martinelli a discretionary opportunity for a hearing on his challenge to ENOs transfer-extension requests. Because the first extension has expired and the second extension may expire before we can resolve Mr. Martinellis claims through our ordinary hearing procedure, see 10 C.F.R. Part 2, Subpart M, we will follow the special procedure described below:2 (1.) Within 14 days of the issuance of this Order Mr. Martinelli may submit a statement of reasons why he thinks that both ENOs first Request for an Extension (dated May 15, 2009, as supplemented May 29, 2009) and its second extension request (dated November 3, 2009)3 do not demonstrate good cause for an extension of time to complete the transfer - the sole merits issue in the proceeding. Mr. Martinellis filing must also show his standing to participate, i.e.,
why the proposed extension of time has a potential for off-site consequences that would affect him. In addition, Mr. Martinelli must document his claims; we will not accept conclusory allegations; and (2.) Within 14 days after submission of Mr. Martinellis Response to this Order, ENO may file a Reply; and (3.) The Commission will strike any pleading that contains inflammatory or derogatory rhetoric.
1 See ML093620807.
2 The Commission has authority to establish special hearing procedures on a case-specific basis. See National Whistleblower Center v. NRC, 208 F.3d 256, 262 (D.C. Cir. 2000); City of West Chicago v. NRC, 701 F.2d 632, 647 (1983).
3 See ML093100371; see also 74 Fed. Reg. 62,355 (November 27, 2009).
2
The NRC Staff will not participate in the hearing.
For the Commission (NRC SEAL) /RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland This 23rd day of February, 2010.
3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-003-LT-2
) 50-247-LT-2
) 50-286-LT-2 (Indian Point Nuclear Generating Station, ) 72-51-LT Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER (CLI-10-09) have been served upon the following persons by Electronic Information Exchange and to persons marked with
- by electronic mail.
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 E-mail: ocaamail.resource@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the General Counsel Office of the General Counsel Mail Stop O-15D21 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Beth N. Mizuno, Esq.
E-mail: David E. Roth, Esq.
OGCMailCenter@nrc.gov Brian Harris, Esq.
Andrea Z. Jones, Esq.
E-mail:
bnm1@nrc.gov der@nrc.gov brian.harris.@nrc.gov andrea.jones@nrc.gov beth.mizuno@nrc.gov
Docket Nos. 50-003-LT-2, 50-247-LT-2, 50-286-LT-2 AND 72-51-LT COMMISSION MEMORANDUM AND ORDER (CLI-10-09)
William C. Dennis, Esq.* Kathryn M. Sutton, Esq.
Assistant General Counsel Paul M. Bessette, Esq.
Entergy Nuclear Operations, Inc. Martin J. ONeill, Esq.
440 Hamilton Avenue Counsel for Entergy Nuclear Operation, Inc.
White Plains, NY 10601 Morgan, Lewis & Bockius, LLP Email: wdennis@entergy.com 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksutton@morganlewis.com pbessette@morganlewis.com martin.oneill@morganlewis.com Sherwood Martinelli*
351 Dyckman Street Peekskill, NY 10566 E-mail: SMartinelliGHS@aol.com
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 23rd day of February 2010