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 Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) 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
/RA/
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.
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 U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop O-7H4M Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Sherwin E. Turk, Esq.
Administrative Judge Beth N. Mizuno, Esq.
Lawrence G. McDade, Chair David E. Roth, Esq.
Brian Harris, Esq.
Administrative Judge Andrea Z. Jones, Esq.
Richard E. Wardwell Emily L. Monteith, Esq.
Karl Farrar, Esq.
Administrative Judge Brian Newell, Paralegal Kaye D. Lathrop 190 Cedar Lane E.
Ridgway, CO 81432 Joshua A. Kirstein, Law Clerk
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time)
William C. Dennis, Esq. Andrew M. Cuomo, Attorney General Assistant General Counsel John J. Sipos, Assistant Attorney General Entergy Nuclear Operations, Inc. Mylan L. Denerstein, Deputy Assistant Attorney 440 Hamilton Avenue General, Division of Social Justice White Plains, NY 10601 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. Joan Leary Matthews, Esq.
Paul M. Bessette, Esq. Senior Attorney for Special Projects Martin J. ONeill, Esq. New York State Department Counsel for Entergy Nuclear Operation, Inc. of Environmental Conservation Morgan, Lewis & Bockius, LLP 625 Broadway, 14th Floor 1111 Pennsylvania Avenue, NW Albany, NY 12233-5500 Washington, DC 20004 Michael J. Delaney Robert D. Snook, Esq.
Vice President, Energy Department Office of The Attorney General New York City Economic Development State of Connecticut Corporation (NYCEDC) 55 Elm Street 110 William Street P.O. Box 120 New York, NY 10038 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman Stephen C. Filler, Board Member New York Affordable Reliable Electricity Hudson River Sloop Clearwater, Inc.
Alliance (AREA) 724 Wolcott Ave.
347 Fifth Avenue, Suite 508 Beacon, NY 12508 New York, NY 10016 2
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time)
Sean Murray, Mayor Manna Jo Greene, Environmental Director Kevin Hay, Village Administrator Hudson River Sloop Clearwater, Inc.
Village of Buchanan 724 Wolcott Ave.
Municipal Building Beacon, NY 12508 236 Tate Avenue Buchanan, NY 10511-1298 Ross Gould, Board Member Hudson River Sloop Clearwater, Inc.
270 Route 308 Rhinebeck, NY 12572 Counsel for the Town of Cortlandt Nancy Burton, Esq.
Thomas F. Wood, Esq. Connecticut Residents Opposed Daniel Riesel, Esq. to Relicensing of Indian Point (CRORIP)
Jessica Steinberg, J.D. 147 Cross Highway Sive, Paget & Riesel, P.C. Redding Ridge, CT 06876 460 Park Avenue New York, NY 10022 Elise N. Zoli, Esq. Melissa-Jean Rotini, of counsel Goodwin Proctor, LLP Assistant County Attorney Exchange Place Office of Robert F. Meehan, 53 State Street Westchester County Attorney Boston, MA 02109 148 Martine Avenue, 6th Floor White Plains, NY 10601 John LeKay Susan H. Shapiro, Esq.
Heather Ellsworth Burns-DeMelo Westchester Citizens Awareness Network Remy Chevalier (WestCan), Citizens Awareness Network, Bill Thomas (CAN), et al Belinda J. Jaques 21 Pearlman Drive FUSE USA Spring Valley, NY 10977 351 Dyckman Street Peekskill, NY 10566 3
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks and Clearwaters/Riverkeepers Motions for Extensions of Time)
Philip Musegaas, Esq. Richard L. Brodsky, Esq.
Deborah Brancato, Esq. Member of Assembly Riverkeeper, Inc. 92nd Assembly District, 20 Secor Road State of New York Ossining, NY 10562 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 4