ML110100087
| ML110100087 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/23/2010 |
| From: | Gould R, Musegaas P, Sipos J, Snook R Hudson River Sloop Clearwater, Riverkeeper, State of CT, Office of the Attorney General, 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-434 | |
| Download: ML110100087 (8) | |
Text
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DOCKETED DOCKETED December 23, 2010 4:40 OFFICE OF SECRETAR')
RULEMAKINGS AND ADJUDICATIONS STAFF 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.
Docket Nos. 50-247-LR; 50-286-LR ASLBP No. 07-858-03-LR-BDOI DPR-26, DPR-64 December 23, 2010 JOINT MOTION OF THE STATE OF NEW YORK, THE STATE OF CONNECTICUT, RIVERKEEPER, INC., AND THE HUDSON RIVER SLOOP CLEARWATER FOR AN EXTENSION OF TIME TO FILE CONTENTIONS AND
SUMMARY
DISPOSITION MOTIONS CONCERNING THE NRC STAFF'S FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT
The State of New York, the State of Connecticut, Riverkeeper, Inc., and the Hudson River Sloop Clearwater respectfully request that the Atomic Safety and Licensing Board extend the time to file contentions or motions for summary disposition. concerning NRC Staff s Final Supplemental Environmental Impact Statement (FSEIS) for the requested renewal of the Indian Point operating licenses until February 3, 2011. NRC Staff and Entergy do not oppose this request.
REGULATORY BACKGROUND This Board's July 1, 2010 Scheduling Order provides that:
A motion and proposed new contention specified in the preceding paragraph shall be deemed timely under 10 C.F.R. § 2.309(f)(2)(iii) if it is filed within thirty (30) days of the date when the new and material information on which it is based first becomes available.
Scheduling Order ¶ F.2. The Scheduling Order also states:
[N]o motion for summary disposition or other dispositive motion relating to a National Environmental Policy Act (NEPA) contention may be filed more than thirty (30) days after the NRC Staff publishes the FEIS. With regard to any motion for summary disposition filed after that date, the moving piarty shall identify and explain the new information or event that gave rise to 'the motion and the reason why the motion could not be filed by the due date.
Scheduling Order.¶ H.4. The Scheduling Order further 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 REQUEST The National Environmental Policy Act requires NRC to prepare an environmental impact statement concerning Entergy's request to renew the operating licenses for the Indian Point reactors. Two years ago, on December 22, 2008, Staff completed the Draft Supplemental Environmental Impact Statement (DSEIS). The DSEIS consisted of two volumes spanning 730 pages.' Thereafter, the Staff received written and oral comments on the DSEIS.. Staff initially projected that it would complete the FSEIS in February 2010. Ultimately, Staff notified the Board and parties that the FSEIS was completed on December 3, 2010. The FSEIS consists of three volumes and spans 2,200 pages. 2 Staff mailed paper copies~of the FSEIS to the State on December 15, 2010.'
The movants seek additional time -to review the Staff's Final Supplemental Environmental Impact Statement (FSEIS) and prepare and submit contentions concerning the Staff's environmental review and motions for summary disposition concerning the FSEIS. The following reasons support the request:
- 1. The length of the FSEIS document. The FSEIS is a 2,200 page document and apparently is one of the longest in NRC history. According to NRC, "The average SEIS for a license renewal application totals about 480 pages in a single volume." NRC Press Release No.10-215.
- 2. The FSEIS contains many changes from the DSEIS. In the FSEIS: the NRC Staff amended its previous discussion of various issues that had appeared in the DSEIS. In
'ML083540594 (DSEIS Vol. 1), ML083540614 (DSEIS Vol.,2).
2 ML103350405 (FSEIS Vol. 1), ML103350438, ML103360209, M1L103360212 (FSEIS Vol. 2), and ML103350442 (FSEIS Vol. 3).
3 The New York State Office of the Attorney General received a paper copy of the FSEIS on Friday, December 17, 2010; the New York State Department of Environmental Conservation received a paper copy on Monday, December 20, 2010; Riverkeeper received a paper copy on Tuesday, December 21, 2010. Notice of the FSEIS appeared in the December 14 edition of the Federal Register,75 Fed. Reg. 77920 (Dec. 14, 2010).
addition, the FSEIS (Appendix A) contains NRC Staff responses to public comments on the December 2008 DSEIS...
- 3. The release of the FSEIS and the 30-day period for contentions and summary disposition motions come in the midst of the end-of-year holidays. A number of experts and attorneys for movants had and have preexisting vacations scheduled during this period.
- 4. The State of New York and the State of Connecticut are both experiencing changes in government. Voters elected new Governors and Attorneys General in both States in the November 2010 elections. On January 1, 2011, New York will have a new Governor (Governor Elect Andrew Cuomo (currently Attorney General)) and Attorney General (Attorney General Elect Eric Schneiderman). Connecticut also will have a new Governor (Governor Elect Daniel Malloy) and Attorney General (Attorney General Elect George Jepsen). Connecticut Attorney General Richard Blumenthal was elected to the U.S.
Senate. These transitions are taking place during the 30-day period for contentions and summary disposition motions.
Entergy and NRC Staff do not oppose the requested extension, and this motion is timely pursuant to the Scheduling Order, ¶ G.4.
CONCLUSION In light of the above, the State of New York, the State of Connecticut, Riverkeeper, Inc.,
and the Hudson River Sloop Clearwater respectfully submit that appropriate cause exists to justify the proposed extension and request that the Board grant this unopposed motion to extend the filing date for contentions concerning the NRC Staff s FSEIS and motions for summary disposition concerning the FSEIS until February 3, 2011.
Respectfully submitted, John as Janice A. Dean Assistant Attorneys General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 Robert Snook Assistant Attorney General Office of the Attorney General.
. for the State of Connecticut 55 Elm Street Hartford, Connecticut 06016 (860) 808-5020 Ross Gould Board Member Representative.
Hudson River Sloop Clearwater 724 Wolcott Avenue Beacon, New York 12508 (917) 658-7144 Phillip Musegaas Program Director Deborah Brancato Staff Attorney Riverkeeper, Inc.
20 Secor Road Ossining, New York 10562 (914) 478-4501, ext. 224, 230 Dated: December 23, 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 J. Sipos UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING-BOARD) x In re:
Do6ket Nos. 50-247-LR and 50-286-LR License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
ASLBP No. 07-8"58-03-LR-BD0I DPR-26, DPR-64 December 23, 2010 CERTIFICATE OF SERVICE I hereby certify that on December 23, 2010, copies of the Combined Motion of the State of New York, The State of Connecticut, Riverkeeper, Inc., and The Hudson River: Sloop Clearwater for an Extension of Time to File Contentions and Summary Disposition Motions Concerning The NRC Staff's Final Environmental Impact Statement 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 Mailstop3 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.g4v 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 Regulatbry Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Josh.Kirstein@nrc.gov I
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 & BocIkius 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.corn 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 Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 MJRI @westchestergov.com Daniel E. O'Neill, Mlyor 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.
Director Energy Regulatory Affairs NYC Dep't of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 Mannajo@clearwatfr.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.corn Phillip Musegaas, Escq'.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org dbrancato@riverkeeper.org John J. Sipos Assistant Attorney GQeneral State of New York (518) 402-2251 Dated at Albany, New York this 23rd day of December, 2010 3