ML110560269
| 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Operations,Inc. (Indian Point Nuclear Generating Units 2 & 3), Licensing Board Scheduling Order at 6 (July 1, 2010) (unpublished) ("Scheduling Order").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. tat M. Sutton, Esq.
Entergy Nuclear Operations, Inc. Paul M. Bessette, Esq.
440 Hamilton Avenue Martin J. O'Neill, Esq.
White Plains, NY 10601 MORGAN, LEWIS & BOCKIUS LLP Phone: (914) 272-3202 1111 Pennsylvania Avenue, N.W.
Fax: (914) 272-3205 Washington, D.C. 20004 E-mail: wdennis@entergy.com 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 ) Docket Nos. 50-247-LR and
) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Indian Point Nuclear Generating Units 2 and 3) )
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 Administrative Judge Lawrence G. McDade, Chair Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 190 Cedar Lane E.
U.S. Nuclear Regulatory Commission Ridgway, CO 81432 Washington, DC 20555-0001 (E-mail: kdl2Anrc.gov)
(E-mail: lgrnlm nrc.gov)
Administrative Judge Office of the Secretary*
Richard E. Wardwell Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission (E-mail: hearingdocket(nrc. gov)
Washington, DC 20555-0001 (E-mail: rewanrc.gov)
Office of Commission Appellate Adjudication Josh Kirstein, Law Clerk U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: O-16G4 Mail Stop: T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission (E-mail: ocaamail(&nrc.gov) Washington, DC 20555-0001 (E-mail: Josh.Kirstein@,nrc.gov)
Sherwin E. Turk, Esq. Melissa-Jean Rotini, Esq.
Beth N. Mizuno, Esq. Assistant County Attorney David E. Roth, Esq. Office of Robert F. Meehan, Westchester Brian G. Harris, Esq. County Attorney Andrea Z. Jones, Esq. 148 Martine Avenue, 6th Floor Office of the General Counsel White Plains, NY 10601 Mail Stop: 0-15 D21 (E-mail: MJR1 @iwestchestergov.com)
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 Thomas F. Wood, Esq.
Stephen C. Filler, Board Member Daniel Riesel, Esq.
Hudson River Sloop Clearwater, Inc. Ms. Jessica Steinberg, J.D.
724 Wolcott Ave. Sive, Paget & Riesel, P.C.
Beacon, NY 12508 460 Park Avenue (E-mail: mannaio(aclearwater.org) New York, NY 10022 (E-mail: sfiller(&nylawline.com) (E-mail: driesela-sprlaw.com)
(E-mail: isteinberg~asprlaw.com)
Joan Leary Matthews, Esq. John Louis Parker, Esq.
Senior Attorney for Special Projects Regional Attorney Office of the General Counsel Office of General Counsel, Region 3 New York State Department of NYS Dept. of Environmental Conservation Environmental Conservation 21 S. Putt Corners Road 625 Broadway, 14th Floor New Paltz, New York 12561-1620 Albany, NY 12207 (E-mail: iloarker(-aw.dec.state.ny.us)
(E-mail: ilmatthe6gw.dec.state.ny.us)
Ross Gould, Member Michael J. Delaney, V.P. - Energy Hudson River Sloop Clearwater, Inc. New York City Economic Dev. Corp.
270 Route 308 110 William Street Rhinebeck, NY 12572 New York, NY 10038 (E-mail: rgouldesigrgMail.com) (E-mail: mdelanevynvcedc.com)
Phillip Musegaas, Esq. Daniel E. O'Neill, Mayor Deborah Brancato, Esq. James Siermarco, M.S.
- Riverkeeper, Inc. Liaison to Indian Point 20 Secor Road Village of Buchanan Ossining, NY 10562 Municipal Building (E-mail: phillip(ariverkeeper.org) 236 Tate Avenue (E-mail: dbrancato(riverkeeper.org) Buchanan, NY 10511-1298 (E-mail: vobabestweb.net)
(E-mail: smurrayv(villageofbuchanan.com)
Robert D. Snook, Esq. Mylan L. Denerstein, Esq.
Assistant Attorney General Executive Deputy Attorney General, Office of the Attorney General Social Justice State of Connecticut Office of the Attorney General 55 Elm Street of the State of New York P.O. Box 120 120 Broadway, 2 5th Floor Hartford, CT 06141-0120 New York, New York 10271 (E-mail: Robert.Snook(apo.state.ct.us) (E-mail: Mylan.Denersteinaoag.state.ny.us)
John J. Sipos, Esq. Janice A. Dean, Esq.
Charlie Donaldson Esq. Assistant Attorney General Assistants Attorneys General Office of the Attorney General Office of the Attorney General of the State of New York of the State of New York 120 Broadway, 26th Floor The Capitol New York, New York 10271 Albany, NY 12224-0341 (E-mail:
(E-mail: John.Sipos@a.n .gov) 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