ML110700282
| ML110700282 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/11/2011 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, Indian Point 2 & 3, RAS E-490 | |
| Download: ML110700282 (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 March 11, 2011 ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time)
Before the Board are two motions for extensions of time: (1) the State of New York (New York) has moved to extend the time within which it may reply to Answers filed on March 7, 2011, by Entergy Nuclear Operations, Inc. (Entergy) and the NRC Staff to New Yorks proposed contentions NYS-12C and NYS-37,1 and (2) Hudson River Sloop Clearwater, Inc. and Riverkeeper, Inc. (Clearwater/Riverkeeper) have moved to extend the time within which they may answer Entergys pending Motion to Strike, which was filed on March 4, 2011.2 New York asks that the time within which it may file its reply be extended from March 14, 2011, to March 18, 2011, because of expert and consultant availability and the length and content of the Answers to which it intends to reply. Further, it claims that the additional time will be beneficial to the Board through the efficiency New York hopes to achieve by filing a single reply to the Answers for each contention.3 Clearwater/Riverkeeper ask that the time within which they may file an answer to Entergys Motion to Strike be extended from March 14, 2011, to March 21, 2011, due to Clearwaters reorganization of its legal team and the 1 Motion of the State of New York for a Four Day Extension of Time to File Replies to NRC Staff and Entergys March 7, 2011 Answers (Mar. 9, 2011) [hereinafter New York Motion].
2 Hudson River Sloop Clearwater, Inc. and Riverkeeper, Inc.s Motion for Extension of Time to Respond to Entergys Motion to Strike (Mar. 9, 2011) [hereinafter Clearwater/Riverkeeper Motion].
3 New York Motion at 2-3.
limited resources Clearwater/Riverkeeper have to file the reply to another contention by March 14, 2011.4 Both New Yorks Motion and Clearwaters/Riverkeepers Motion represent that the NRC Staff does not object to their respective extensions, while they concede that Entergy opposes their Motions.5 Entergy filed Answers opposing each Motion on March 10, 2011.6 Given the length and number of the pleadings recently filed and that granting these extensions will not alter the trigger date for evidentiary hearing filings we established in our Scheduling Order,7 we hereby grant both Motions. New York may reply to Entergys and the NRC Staffs Answers to NYS-12C and NYS-37 no later than March 18, 2011, and Clearwater/Riverkeeper may file their answer to Entergys Motion to Strike no later than March 21, 2011.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD8 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 11, 2011 4 Clearwater/Riverkeeper Motion at 2-3. In a prior Order, we mandated that Clearwater had until March 14, 2011, to respond to Entergys Motion to Strike. See Licensing Board Order (Deadline to Respond to Entergys Motion to Strike (Mar. 8, 2011) at 1 (unpublished).
5 New York Motion at 3; Clearwater/Riverkeeper Motion at 3-4.
6 See Applicants Answer to New York States Motion for Extension of Time to File Reply to Answers to FSEIS Contentions (Mar. 10, 2011); Applicants Answer to Hudson River Sloop Clearwater, Inc. and Riverkeeper, Inc.s Motion for Extension of Time to File an Answer to Applicants Motion to Strike (Mar. 10, 2011).
7 See Licensing Board Scheduling Order (July 1, 2010) at 13 (unpublished). The Board previously granted an extension to Clearwater until March 21, 2011, within which to reply to another proposed contention, Clearwater EC-3. See Licensing Board Order (Granting Clearwaters Motion for Extension of Time) (Mar. 8, 2011) at 2 (unpublished).
8 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 Licensing Board ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-7H4M 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.
Emily L. Monteith, Esq.
Karl Farrar, Esq.
Brian Newell, Paralegal
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time) 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 State of New York The Capitol State Street Albany, NY 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, NY 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 (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time) 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, NY 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 John LeKay Heather Ellsworth Burns-DeMelo Remy Chevalier Bill Thomas Belinda J. Jaques FUSE USA 351 Dyckman Street Peekskill, NY 10566 Susan H. Shapiro, Esq.
Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network, (CAN), et al 21 Pearlman Drive Spring Valley, NY 10977
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time) 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
[Signed by Linda D. Lewis]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 11th day of March 2011