ML110560268
| ML110560268 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/18/2011 |
| From: | Sherrie Taylor State of NY, Office of the Attorney General |
| To: | NRC/SECY/RAS |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS E-457 | |
| Download: ML110560268 (5) | |
Text
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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 February 18, 2011 UNOPPOSED MOTION OF THE STATE OF NEW YORK FOR AN EXTENSION OF TIME TO FILE A REPLY TO ANSWERS ON THE STATE'S MOTION FOR LEAVE TO FILE AMENDED BASES ON CONTENTION 17A/B AND FOR ENLARGEMENT OF PAGE LIMITATION FOR THE STATE'S CONSOLIDATED ANSWER TO SEPARATE MOTIONS FOR
SUMMARY
DISPOSITION ON CONTENTION 35/36 DOCKETED February 18, 2011 (3:54 p.m.)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Office of the Attorney General for the State of New York The Capitol State Street Albany, New York 12224 mry.~
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The State of New York respectfully requests that the Atomic Safety and Licensing Board extend by seven days its time to file its reply to the responses of NRC Staff and Entergy to the State's motion for leave to file amended bases to Contention 17A (to be designated Contention 17B), timely. filed on January 24, 2011. With respect to the State's answer, to the separate Cross-Motions for Summary Disposition on NYS Combined Contention 35/36 filed by Entergy and NRC Staff, the State also seeks permission to enlarge the page limit to fifty (50) pages for its consolidated answer. NRC Staff and Entergy do not oppose these requests.
REGULATORY BACKGROUND Request for Extension of Time This Board's July 1, 2010 Scheduling Order provides that a party seeking to file a motion or request for leave to file a new or amended contention may do so. Scheduling Order ¶ F. 1. It further authorizes answers and replies to the motion and proposed contention. Id. Replies are due within seven days of the filing of an answer. Id.; 10 C.F.R. § 2.309(h)(2).
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.
Request /br Enlargement of Page Limit This Board's July 1, 2010 Scheduling Order provides that:
Motions and answers to motions shall not exceed twenty-five (25) pages in length (including signature page but excluding attachments, see paragraph M.5, inf-a),
absent preapproval of the Board. A motion for preapproval to exceed this page limitation shall be submitted in writing no less than three (3) business days prior to the time the motion or answer is due to be filed. A motion to exceed this page limitation must (i) indicate whether the request is opposed or supported by the other'participants in the proceeding and, if opposed, to succinctly describe the grounds stated for such opposition; (ii) provide a good faith estimate of the number of additional pages that will be filed; and (iii) demonstrate good cause for being permitted to exceed the page limitation.
Scheduling Order ¶ G. 1.
APPROPRIATE CAUSE SUPPORTS THE REQUESTS The State of New York moved on January 24, 2011 for leave to file amended bases to New York State Contention 17A (to be renamed 177B). Answers by Entergy and NRC staff are due on February 18, 2011, giving New York until February 25, 2011 to reply. Of the seven days allowed by Scheduling Order ¶ G.4, one is a federal holiday and two are days on which the lawyer with primary responsibility for the State's reply will be out of the office. Under the circumstances, appropriate cause exists for a modest extension of one week. Entergy and NRC Staff do not oppose the requested extension, and this motion is timely pursuant to the Scheduling Order ¶ G.4.
The State also requests formal authorization from the Board to enlarge the page limit on the State's answer to Entergy and Staffs two Cross Motions for Summary Disposition on NYS Combined Contention 35/36 to fifty (50) pages. The Board's July 1, 2010 Scheduling Order establishes a 25-page limit for an answer to a motion. Scheduling Order ¶ G. 1. Thus, the State would be authorized to submit two separate answers collectively totaling 50 pages. In the interests of efficiency, the State envisions filing a single consolidated answer to the two cross motions, but wishes to ensure that in so doing such a consolidated answer would not be limited to only 25 pages. Accordingly, the State. seeks leave to increase its filing to a maximum of 50 pages - the number of pages to which it would be entitled if it filed separate answers.1 The State has discussed this matter with counsel for Entergy and Staff and they do not object to the State's request, which is timely.
CONCLUSION In light of the above, the State of New York respectfully submits that appropriate cause exists to justify the proposed extensions and requests that the Board grant these unopposed requests. The new response date for the State of New York's reply on its motion for leave to file amended bases for Contention 17A/B would be March 4, 2011; the new page limit on the State's answer to Entergy and Staff s two Cross Motions for Summary Disposition on NYS Combined Contention 35/36 would be fifty (50) pages.
Respectfully submitted, John J. Sipos Susan L. Taylor Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol Albany, New York 12224 (518) 402-2251 (518) 474-2432 Dated: February 18, 2011 The State notes that such a single consolidated filing may be less than 50 pages.
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