ML110560269

Unopposed Joint Motion for Licensing Board Order Clarifying Page Limitation

ML110560269
Person / Time
Site:	Indian Point
Issue date:	02/15/2011
From:	Bessette P, O'Neill M, Sutton K Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, RAS E-460
Download: ML110560269 (6)

Text

RAS CIlo 4&1 DOCKETED February 15, 2011 (2:48 p.m.)

UNITED STATES OF AMERICA OFFICE OF SECRETARY RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos.

50-247-LR and

)*

50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.

))

(Indian Point Nuclear Generating Units 2 and 3)

)

_)

February 15, 2011 UNOPPOSED JOINT MOTION FOR LICENSING BOARD ORDER CLARIFYING PAGE LIMITATION In accordance with 10 C.F.R. § 2.323(a), Entergy Nuclear Operations, Inc. ("Entergy"),

applicant in the above-captioned proceeding, and the NRC Staff (jointly, "Movants") submit this Unopposed Joint Motion requesting that the Atomic Safety and Licensing Board ("Board") issue an Order confirming a 25-page enlargement of the 25-page page limit imposed by paragraph G. I of the Board's July 1, 2010 Scheduling Order,' insofar as it may apply to the Movants' responses to:

I. Hudson River Sloop Clearwater, Inc. ("Clearwater") and Riverkeeper, Inc.'s

("Riverkeeper") "Joint Motion for Leave to Add Contentions based Upon New Information and Petition to Add New Contentions" ("Joint Contentions"); and

2. New York's: (a) "Motion for Leave to File Timely Amended Bases to Contention 17A (Now to Be Designated Contention 17B)" ("Motion"); (b) "Contention 17B" ("Contention 17B"); and (c) "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"

("Waiver Petition").

Counsel for Entergy and the NRC Staff have consulted with counsel for Riverkeeper, Clearwater, and New York State, which have authorized the Movants to state that they do not oppose the relief or actions requested herein.

Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 & 3), Licensing Board Scheduling Order at 6 (July 1, 2010) (unpublished) ("Scheduling Order").

On January 24, 2011, Clearwater and Riverkeeper filed their Joint Contentions and New York State filed the Motion, Contention 17B, and Waiver Petition. The Joint Contentions appear in a single pleading totaling 49 pages. In addition, New York filed its Motion, Contention 17B, and Waiver Petition, in pleadings totaling approximately 42 pages. Entergy and the NRC Staff plan to each (separately) consolidate their answers to Clearwater and Riverkeeper's filings, as well as to New York's Motion, Contention 17B, and Waiver Petition into a single pleading in response to each of those parties (so that each Movant will file a total of two pleadings, as opposed to filing their respective responses as three separate pleadings).

Paragraph G. 1 of the Board's Scheduling Order states: "Motions and answers to motions shall not exceed twenty-five (25) pages in length... absent preapproval of the Board.",2 While Entergy and the NRC Staff believe that this provision in the Board's Scheduling Order would not apply to their consolidated responses to: (1) the Joint Contentions and (2) New York's Motion, Contention 17B, and Waiver Petition, they are nevertheless filing this unopposed motion out of an abundance of caution. The Movants therefore request that the Board set the page limit for each of their two responses to no more than fifty (50) pages in these special circumstances. 3 Good cause to exceed the 25-page limitation for motions exists because, in the case of the Joint Contentions, the initial pleading exceeds 25 pages, and in the case of New York's filings, the three pleadings exceed 25 pages and the (separate) consolidation of Entergy and the NRC Staff's responses will avoid duplicative arguments and pleadings on the same topics. This motion is timely because it is submitted no less than three (3) business days prior to the due date for Entergy and the NRC Staff's respective answer briefs.4 2

Scheduling Order at 6.

3 The Movants also note that, at this time, it is not clear that all 50 pages will be necessary for all four of Entergy and the NRC Staff's respective responses.

4 See Scheduling Order at 6.

CERTIFICATION OF COUNSEL UNDER 10 C.F.R. § 2.323(b)

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 the NRC Staff, as joint movant, supports this request, and Clearwater, Riverkeeper, and New York State do not oppose this request.

Respectfully submitted, William C. Dennis, Esq.

Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Phone: (914) 272-3202 Fax: (914) 272-3205 E-mail: wdennis@entergy.com tat M. Sutton, Esq.

Paul M. Bessette, Esq.

Martin J. O'Neill, Esq.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: (202) 739-5738 Fax: (202) 739-3001 E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: martin.oneill@morganlewis.com COUNSEL FOR ENTERGY NUCLEAR OPERATIONS, INC.

Dated in Washington, D.C.

this 15th day of February 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 February 15, 2011 CERTIFICATE OF SERVICE I hereby certify that copies of the "Unopposed Joint Motion for Licensing Board Order Clarifying Page Limitation" were served this 15th day of February, 2011 upon the persons listed below, by first class mail and e-mail as shown below.

Administrative Judge Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: lgrnlm nrc.gov)

Administrative Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: rewanrc.gov)

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, DC 20555-0001 (E-mail: ocaamail(&nrc.gov)

Administrative Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane E.

Ridgway, CO 81432 (E-mail: kdl2Anrc.gov)

Office of the Secretary*

Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (E-mail: hearingdocket(nrc. gov)

Josh Kirstein, Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: Josh.Kirstein@,nrc.gov)

Sherwin E. Turk, Esq.

Beth N. Mizuno, Esq.

David E. Roth, Esq.

Brian G. Harris, Esq.

Andrea Z. Jones, Esq.

Office of the General Counsel Mail Stop: 0-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: set(anrc. gov)

(E-mail: bnml (dnrc.gov)

(E-mail: david.rothanrc.gov)

(E-mail: brian.harris6ýnrc.gov)

(E-mail: andrea.iones@dnrc.gov)

Manna Jo Greene, Environmental Director Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.

724 Wolcott Ave.

Beacon, NY 12508 (E-mail: mannaio(aclearwater.org)

(E-mail: sfiller(&nylawline.com)

Joan Leary Matthews, Esq.

Senior Attorney for Special Projects Office of the General Counsel New York State Department of Environmental Conservation 625 Broadway, 14th Floor Albany, NY 12207 (E-mail: ilmatthe6gw.dec.state.ny.us)

Ross Gould, Member Hudson River Sloop Clearwater, Inc.

270 Route 308 Rhinebeck, NY 12572 (E-mail: rgouldesigrgMail.com)

Melissa-Jean Rotini, Esq.

Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 (E-mail: MJR1 @iwestchestergov.com)

Thomas F. Wood, Esq.

Daniel Riesel, Esq.

Ms. Jessica Steinberg, J.D.

Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 (E-mail: driesela-sprlaw.com)

(E-mail: isteinberg~asprlaw.com)

John Louis Parker, Esq.

Regional Attorney Office of General Counsel, Region 3 NYS Dept. of Environmental Conservation 21 S. Putt Corners Road New Paltz, New York 12561-1620 (E-mail: iloarker(-aw.dec.state.ny.us)

Michael J. Delaney, V.P. - Energy New York City Economic Dev. Corp.

110 William Street New York, NY 10038 (E-mail: mdelanevynvcedc.com)

Phillip Musegaas, Esq.

Deborah Brancato, Esq.

• Riverkeeper, Inc.

20 Secor Road Ossining, NY 10562 (E-mail: phillip(ariverkeeper.org)

(E-mail: dbrancato(riverkeeper.org)

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 (E-mail: Robert.Snook(apo.state.ct.us)

John J. Sipos, Esq.

Charlie Donaldson Esq.

Assistants Attorneys General Office of the Attorney General of the State of New York The Capitol Albany, NY 12224-0341 (E-mail: John.Sipos@a.n.gov)

Daniel E. O'Neill, Mayor James Siermarco, M.S.

Liaison to Indian Point Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 (E-mail: vobabestweb.net)

(E-mail: smurrayv(villageofbuchanan.com)

Mylan L. Denerstein, Esq.

Executive Deputy Attorney General, Social Justice Office of the Attorney General of the State of New York 120 Broadway, 2 5th Floor New York, New York 10271 (E-mail: Mylan.Denersteinaoag.state.ny.us)

Janice A. Dean, Esq.

Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, New York 10271 (E-mail:

JDean.ADVO APOP.NEW.YORK.CITY~ag.nv.aov)

• Original and 2 copies provided to the Office of the Secretary.

/f0or Raphael P. Kuyler, Esq.

DB 1/66567405