ML110480608
| ML110480608 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/17/2011 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SEC RAS | |
| References | |
| 07-858-03-LR-BD01, Indian Point 2 & 3, RAS E-456 | |
| Download: ML110480608 (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 ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 February 17, 2011 ORDER (Extending Page Limitations for Pleadings as They Apply to Answers to Clearwaters and Riverkeepers January 24, 2011, Joint Motion, and New York States Motion to Amend Contention 17A and Waiver Petition, Filed January 24, 2011)
Applicant, Entergy Nuclear Operations, Inc. (Entergy) has filed an Unopposed Joint Motion on its own behalf and on behalf of the NRC Staff, which it characterizes as a Motion for Clarification.1 The Motion would more appropriately have been characterized as a Motion to Extend the Page Limitations on Pleadings.
Entergy and the NRC Staff request that we extend by 25 pages the 25-page limit imposed by Paragraph G.1 of our Scheduling Order dated July 1, 2010, as that limit applies to Entergys and the NRC Staffs responses to January 24, 2011 filings by Hudson River Sloop Clearwater, Inc.
(Clearwater), Riverkeeper, Inc. (Riverkeeper), and the State of New York (New York).2 We grant the request.
While we have characterized Entergys pleading as a Motion to Extend the Page Limitations on Pleadings, we concede that some clarification is appropriate. On January 24, 2011, Clearwater and Riverkeeper filed a Joint Motion for Leave to Add New Contentions. The Motion as presented consisted of 50 pages. Movants neither requested nor received approval from the Board to exceed 1 Unopposed Joint Motion for Licensing Board Order Clarifying Page Limitation (Feb. 15, 2011) at 1.
2 Id. at 1-2.
the 25-page limitation imposed by Paragraph G.1 of the Boards Scheduling Order dated July 1, 2010. However, when the Motion is examined, it appears that the first 16 pages articulate the Motion for Leave to File, and the remainder of the pleading states the newly proposed contention.
When the Board issued its Scheduling Order on July 1, 2010, we directed that any motion for leave to file a new or amended contention be filed simultaneously with the new or amended contentions themselves.3 Further, when we issued the Scheduling Order, we anticipated that such motions and their proposed contentions would be filed as separate documents, each separately subject to the 25-page limit set at Paragraph G.1 of that Order. That was the procedure followed by New York with its January 24th pleadings. While we anticipated separate filings, we did not direct them and, after reviewing Clearwaters and Riverkeepers pleading, we believe that a single pleading may well have been preferable. Accordingly, in the event additional new or amended contentions are filed in this proceeding, the moving party may, but need not, consolidate the motion for leave to file, and the substantive contention, into a single pleading subject to a 50-page limit. Moreover, if such a consolidated pleading is submitted, the answers to those pleadings may be consolidated and, if consolidated, shall also be subject to a 50-page limit.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD4 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 17, 2011 3 Licensing Board Scheduling Order (July 1, 2010) at para. F.1 (unpublished).
4 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.
/RA/
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 Limitations for Pleadings as They Apply to Answers to Clearwaters and Riverkeepers January 24, 2011, Joint Motion, and New York States Motion to Amend Contention 17A and Waiver Petition, Filed January 24, 2011) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication Mail Stop O-7H4M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 Administrative Judge Lawrence G. McDade, Chair Administrative Judge Richard E. Wardwell Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.
Ridgway, CO 81432 Joshua A. Kirstein, Law Clerk U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Sherwin E. Turk, Esq.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Brian Harris, Esq.
Andrea Z. Jones, Esq.
Karl Farrar, Esq.
Brian Newell, Paralegal
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limitations for Pleadings as They Apply to Answers to Clearwaters and Riverkeepers January 24, 2011, Joint Motion, and New York States Motion to Amend Contention 17A and Waiver Petition, Filed January 24, 2011) 2 William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Andrew M. Cuomo, Attorney General John J. Sipos, Assistant Attorney General Mylan L. Denerstein Deputy Assistant Attorney General 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.
Paul M. Bessette, Esq.
Martin J. ONeill, Esq.
Counsel for Entergy Nuclear Operation, Inc.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Joan Leary Matthews, Esq.
Senior Attorney for Special Projects New York State Department of Environmental Conservation 625 Broadway, 14th Floor Albany, New York 12233-5500 Michael J. Delaney Vice President, Energy Department New York City Economic Development Corporation (NYCEDC) 110 William Street New York, NY 10038 Robert D. Snook, Esq.
Office of The Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman New York Affordable Reliable Electricity Alliance (AREA) 347 Fifth Avenue, Suite 508 New York, NY 10016 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave.
Beacon, NY 12508
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limitations for Pleadings as They Apply to Answers to Clearwaters and Riverkeepers January 24, 2011, Joint Motion, and New York States Motion to Amend Contention 17A and Waiver Petition, Filed January 24, 2011) 3 Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Manna Jo Greene, Environmental Director Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave.
Beacon, New York 12508 Ross Gould, Board Member Hudson River Sloop Clearwater, Inc.
270 Route 308 Rhinebeck, NY 12572 Counsel for the Town of Cortlandt Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Jessica Steinberg, J.D.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Nancy Burton, Esq.
Connecticut Residents Opposed to Relicensing of Indian Point (CRORIP) 147 Cross Highway Redding Ridge, CT 06876 Elise N. Zoli, Esq.
Goodwin Proctor, LLP Exchange Place 53 State Street Boston, MA 02109 Melissa-Jean Rotini, of counsel Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 FUSE USA John LeKay Heather Ellsworth Burns-DeMelo Remy Chevalier Bill Thomas Belinda J. Jaques 351 Dyckman Street Peekskill, New York 10566 Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network, (CAN), et al Susan H. Shapiro, Esq.
21 Pearlman Drive Spring Valley, NY 10977
Docket Nos. 50-247-LR and 50-286-LR ORDER (Extending Page Limitations for Pleadings as They Apply to Answers to Clearwaters and Riverkeepers January 24, 2011, Joint Motion, and New York States Motion to Amend Contention 17A and Waiver Petition, Filed January 24, 2011) 4 Philip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 Richard L. Brodsky, Esq.
Member of Assembly 92nd Assembly District, State of New York 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 17th day of February 2011