ML110310831
| ML110310831 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/01/2011 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, E-438 | |
| Download: ML110310831 (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. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) February 1, 2011 ORDER (Extending Page Limits and Establishing Deadline for Filing Responses to Waiver Petition)
Applicant, Entergy Nuclear Operations, Inc. (Entergy), has filed a two-part Unopposed Joint Motion on its own behalf and on behalf of the NRC Staff.1 Entergy and the NRC Staff first ask us to create a specific exception to paragraph G.1 of our July 1, 2010 Scheduling Order, by enlarging the page limit from twenty-five to forty, insofar as it may apply to any consolidated responses and cross-motions for summary disposition on Consolidated Contention NYS-35/36 to be filed by Entergy and/or the NRC Staff on February 3, 2011.2 Entergy and the NRC Staff also seek the establishment of February 18, 2011, as the deadline for filing responses to a specific portion of the January 24, 2011 filing of Intervenor State of New York.3 Because Entergys Motion was timely filed, is unopposed, includes a good faith estimate of the additional 1
Unopposed Joint Motion of Applicant and NRC Staff for Licensing Board Order Approving Enlargement of Page Limitation and Establishing Filing Deadline (Jan. 27, 2011).
2 Id. at 1.
3 Id. This specific portion of that filing is a document entitled State of New Yorks Request for a Determination that the Proposed Amended Bases for Contention 17A Are Not Barred by 10 C.F.R. § 51.23(b), or that Exemption from the Requirements of 10 C.F.R. § 51.23(b) Should Be Granted, or that the State Has Made a Prima Facie Case that § 51.23(b) Should Be Waived as Applied to Contention 17B.
pages that will be filed, and has demonstrated good cause in the form of judicial economy and efficiency for both the page limit and the deadline establishment, the Board hereby grants Entergys and the NRC Staffs Unopposed Joint Motion.4 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD5
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 1, 2011 4
See Licensing Board Scheduling Order (July 1, 2010) at 6 (unpublished).
5 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy Nuclear Operations, Inc.; (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 Sean Murray, the Representative for the Village of Buchanan; and (10) Michael J. Delaney, counsel for the City of New York.
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 (Extending Page Limits and Establishing Deadline for Filing Responses to Waiver Petition) 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 Mail Stop O-7H4M Mail Stop O-16C1 U.S. Nuclear Regulatory Commission 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
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limits and Establishing Deadline for Filing Responses to Waiver Petition)
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 Counsel for Entergy Nuclear Operation, Inc. of Environmental Conservation Morgan, Lewis & Bockius, LLP 625 Broadway, 14th Floor 1111 Pennsylvania Avenue, NW Albany, New York 12233-5500 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) 724 Wolcott Ave.
347 Fifth Avenue, Suite 508 Beacon, NY 12508 New York, NY 10016 2
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limits and Establishing Deadline for Filing Responses to Waiver Petition)
Sean Murray, Mayor Manna Jo Greene, Environmental Director Kevin Hay, Village Administrator Hudson River Sloop Clearwater, Inc.
Village of Buchanan 724 Wolcott Ave.
Municipal Building Beacon, New York 12508 236 Tate Avenue Buchanan, NY 10511-1298 Ross Gould, Board Member Hudson River Sloop Clearwater, Inc.
270 Route 308 Rhinebeck, NY 12572 Counsel for the Town of Cortlandt Nancy Burton, Esq.
Thomas F. Wood, Esq. Connecticut Residents Opposed Daniel Riesel, Esq. to Relicensing of Indian Point (CRORIP)
Jessica Steinberg, J.D. 147 Cross Highway Sive, Paget & Riesel, P.C. Redding Ridge, CT 06876 460 Park Avenue New York, NY 10022 Elise N. Zoli, Esq. Melissa-Jean Rotini, of counsel Goodwin Proctor, LLP Assistant County Attorney Exchange Place Office of Robert F. Meehan, 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 3
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limits and Establishing Deadline for Filing Responses to Waiver Petition)
Philip Musegaas, Esq. Richard L. Brodsky, Esq.
Deborah Brancato, Esq. Member of Assembly Riverkeeper, Inc. 92nd Assembly District, 20 Secor Road State of New York Ossining, NY 10562 5 West Main Street Suite 205 Elmsford, NY 10523 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 1st day of February 2011 4