ML101030772
| ML101030772 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/13/2010 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SEC RAS | |
| References | |
| ASLBP 07-858-03-LR-BD01, Indian Point 2 & 3, RAS E-347 | |
| Download: ML101030772 (7) | |
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)
April 13, 2010 Order (Scheduling Telephonic Status Conference)
The Board will convene a telephonic status conference, to be held Monday, April 19, 2010, at 1:00 P.M. EDT. All participants in this proceeding will be provided the telephone number and pass code for the conference via electronic-mail. A representative of all admitted parties and government entities in this proceeding shall notify the Boards law clerk, Joshua Kirstein, regarding how many phone lines each admitted organization will require for the telephonic status conference. This notification shall be made by close of business on April 15, 2010, via e-mail to josh.kirstein@nrc.gov. The telephone number and pass code for the April 19, 2010 telephonic status conference will be sent to each admitted organization by Mr. Kirstein via return e-mail on Friday, April 16, 2010.1 At the conference the Board will:
(1) seek confirmation of the target date for the publication of the Final Environmental Impact Statement (FEIS);
1 Individuals who have not been admitted as participants to this proceeding that wish to listen to (but not speak during) the telephonic status conference may contact Ms. Karen Valloch via e-mail at karen.valloch@nrc.gov by close of business on April 15, 2010 to obtain listening-only access. The telephone number and pass code for such non-speaking access to the telephonic status conference will be sent via return e-mail by Ms. Valloch on Friday, April 16, 2010.
(2) seek confirmation that the Section 2.236 Mandatory Disclosures are being made as required; (3) solicit the views of the participants regarding the establishment of deadlines for the submission of Motions for Summary Disposition; (4) solicit the views of the participants regarding the time that will be needed between the publication of the FEIS and the commencement of the hearing and an exposition of the events that must occur during that time period; (5) solicit the views of the participants regarding the scheduling of the submission of statements of position, direct written testimony, exhibits, rebuttal statements of position, rebuttal testimony, and proposed cross-examination; (6) solicit the views of the participants regarding the establishment of a deadline for any motion to proceed pursuant to subpart G rather that subpart L; (7) solicit the views of the participants regarding any procedures that will promote the fair and expeditious resolution of this proceeding; (8) ask questions regarding the admissibility of New Yorks New and Amended SAMA contentions.
In an effort to schedule this status conference at a time that would be convenient to most, if not all of the participants to this proceeding, we asked all parties and interested governmental entities who are participating in this proceeding to provide the Board a list of the dates and times between April 14, 2010 and April 21, 2010 when their representatives would not be available during weekday business hours. Further, we noted that because many of the parties were represented by numerous representatives, it may not be possible for the Board to schedule the conference at a time when all of the representatives of each party would be without a conflict. Accordingly, we asked that for those times when no representative of your respective organizations would be available, to explain the nature of the conflict that would inhibit your organizations participation in this conference.
The NRC Staff and the State of Connecticut complied. However, all of the other participants in this proceeding were either unable or unwilling to comply with this simple request.
While in this instance we were able to accommodate everyones schedule,2 given the numbers involved, this may not always be the case. Accordingly, be advised that if a participant fails in the future to comply with directions to aid the Board in determining the most compatible time for conducting a portion of this proceeding, we may irrevocably establish our schedule without regard to your conflicts.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 13, 2010 2
We assume that neither Westchester County nor the Village of Buchanan had a conflict since they did not respond to our request for information regarding conflicts.
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.
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 (SCHEDULING TELEPHONIC STATUS CONFERENCE) 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 Joshua A. Kirstein, Law Clerk
2 Docket Nos. 50-247-LR and 50-286-LR ORDER (SCHEDULING TELEPHONIC STATUS CONFERENCE)
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 (SCHEDULING TELEPHONIC STATUS CONFERENCE)
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 (SCHEDULING TELEPHONIC STATUS CONFERENCE)
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 13th day of April, 2010