ML102940333
| ML102940333 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/14/2010 |
| From: | Jeremy Dean, Sipos J State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS E-417 | |
| Download: ML102940333 (17) | |
Text
AA/S E-- - 91'7 UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD x
In re:
License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
x Docket Nos. 50-247-LR; 50-286-LR ASLBP No. 07-858-03-LR-BDO1 DPR-26, DPR-64 October 14, 2010 UNOPPOSED MOTION BY THE STATE OF NEW YORK TO EXTEND TIME IN WHICH, THE STATE MAY FILE A REPLY TO ENTERGY AND NRC STAFF'S OCTOBER 12,2010 ANSWERS TO OCTOBER 22, 2010 Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 DOCKETED USNRC October 15, 2010 (8:30am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF 1-1-ý 5-'C 62L(
(/->I-I bs n3
The State of New York respectfully requests that the Atomic Safety and Licensing Board extend the time in which the State may file a reply to Entergy and NRC Staff s October 12, 2010 Answers by three days - i.e., until October 22, 2010. NRC Staff and Entergy do not oppose this request.
REGULATORY BACKGROUND NRC's Part 2 regulations permit a petitioner to file a reply to an answer to a proffered contention within seven days following service of the answer:
Except in a proceeding under 10 C.F.R. 52.103, the requestor/petitioner may file a reply to any answer. The reply must be filed within 7 days after service of that answer.
10 C.F.R. § 2.309(h)(2). This Board's July 1, 2010 Scheduling Order provides that:
Unless modified by the Board, or otherwise specified in this Order, a motion for extension of time shall be submitted in writing at least three (3) business days before the due date for the pleading or other submission for which an extension is sought. In addition to all other requirements, a motion for extension of time must (i) demonstrate appropriate cause that supports permitting the extension; and (ii) indicate whether the request is opposed or supported by the other participants in the proceeding; and, if opposed, succinctly describe the grounds stated for such opposition.
Scheduling Order¶ G.4.
APPROPRIATE CAUSE SUPPORTS THE STATE'S REQUEST On September 15, 2010, the State of New York filed a Motion for Leave to File Additional Bases For Previously-Admitted Contention NYS-25. At the same time, the State proffered Additional Bases and Additional Supporting Evidence and the declaration of Dr.
Richard T. Lahey (also dated September 15, 2010). On October 12, 2010, Entergy and NRC Staff filed separate answers opposing admission of the additional bases. Under 10 C.F.R. § 2.309(h)(2), the filing date for the State's reply is Tuesday, October 19, 2010.
-I-
Dr. Lahey has been out of state during the week of October 11, 2010 attending previously-scheduled meetings and appointments on other matters. The preparation of the State's upcoming reply would be materially assisted by conferring with Dr. Lahey regarding various positions presented in the answers. Given Dr. Lahey's schedule, the State requests a three-day extension of the time in which to file a reply - from Tuesday, October 19 to Friday, October 22, 20110.
Entergy and NRC Staff do not oppose the State's request, and this motion is timely pursuant to the Scheduling Order, ¶ G.4.
CONCLUSION In light of the above, the State of New York respectfully submits that appropriate cause exists to justify the proposed extension and requests that the Board grant the State's unopposed motion to extend the filing date for a reply until Friday, October 22, 2010.
Respectfully submitted, John J. Sipos Janice A. Dean Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol Albany, New York 12224 (518) 402-2251 Dated: October 14, 2010 10 C.F.R. § 2.323(b) Certification I certify that I have made a sincere effort to contact the other parties in this proceeding, to explain to them the factual and legal issues raised in this motion, and to resolve those issues, and I certify that Entergy and NRC Staff do not oppose the request.
John Sipos UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 24L--2---------------------6x Docket Nos. 50-247-LR and 50-286-LR In re:
License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
ASLBP No. 07-858-03-LR-BDO1 DPR-26, DPR-64 October 14, 2010 CERTIFICATE OF SERVICE I hereby certify that on October 14, 2010, copies of the Unopposed Motion by the State of New York for Extension of Time to File a Reply were served upon the following persons via U.S.
Mail and e-mail at the following addresses:
Lawrence G. McDade, Chair Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Richard.Wardwell@nrc.gov Kaye D. Lathrop Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 190 Cedar Lane E.
Ridgway, CO 81432 Kaye.Lathrop@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Josh Kirstein, Esq. Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Josh.Kirstein@nrc.gov 1
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 hearingdocket@nrc.gov Sherwin E. Turk, Esq.
David E. Roth, Esq.
Andrea Z. Jones, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 sherwin.turk@nrc.gov andrea.jones@nrc.gov david.roth@nrc.gov beth.mizuno@nrc.gov brian.harris@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com Martin J. O'Neill, Esq.
Morgan, Lewis & Bockius LLP Suite 4000 1000 Louisiana Street Houston, TX 77002 martin.o'neill@morganlewis.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 ezoli@goodwinprocter.com William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 wdennis@entergy.com Robert D. Snook, Esq.
Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 robert.snook@ct.gov Gregory Spicer, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 gss l @westchestergov.com Daniel E. O'Neill, Mayor James Seirmarco, M.S.
Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 vob@bestweb.net 2
Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Jessica Steinberg, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com jsteinberg@sprlaw.com Michael J. Delaney, Esq.
Vice President - Energy Department New York City Economic Development Corporation (NYCEDC) 110 William Street New York, NY 10038 mdelaney@nycedc.com Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 Mannajo@clearwater.org Stephen Filler, Esq.
Board Member Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 stephenfiller@gmail.com Ross H. Gould Board Member Hudson River Sloop Clearwater, Inc.
270 Route 308 Rhinebeck, NY 12572 rgouldesq@gmail.com Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org dbrancato@riverkeeper.org JohnJ. Sipos Assistant Attorney General State of New York (518) 402-2251 Dated at Albany, New York this 14th day of October 2010 3