ML110770144
| ML110770144 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/04/2011 |
| From: | Gould R, Greene M Hudson River Sloop Clearwater |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, RAS E-473 | |
| Download: ML110770144 (7) | |
Text
DOCKETED 1s' 1
Zý4 March 4, 2011 (4:17 p.m.)
OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nosa. 50-247-LR
) and
) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Indian Point Nuclear Generating Units 2 and 3) )
)_ March 4, 2011 HUDSON RIVER SLOOP CLEARWATER, INC.'S URGENT REQUEST FOR EXTENSION OF TIME TO REPLY TO NRC STAFF AND ENTERGY'S ANSWER TO AMENDED ENVIRONMENTAL JUSTICE CONTENTION Pursuant to 10 C.F.R. 10.323(a), Hudson River Sloop Clearwater, Inc. ("Clearwater" or "Petitioners") respectfully requests an extension of time of one week, until March 21, 2011, for the filing of a reply to the answers of the NRC Staff ("Staff") and Entergy, Inc. ("Entergy") on Clearwater's amended and extended environmental justice contention. ' In support of its Request for an Extension of Time, Petitioners state as follows:
- 1. On December 3, 2010, the Staff of the NRC ("Staff") issued its Final Supplemental Environmental Impact Statement ("FSEIS") in this proceeding. 2 On December 27, 2010, the Atomic Safety and Licensing Board ("Board") granted a motion filed by Petitioners, Riverkeeper, Inc. ("Riverkeeper"), and the State of New York ("NYS" or "New York") seeking a 30-day extension of time to file new or amended contentions based on any new and material information that first became available in the FSEIS.3 "Motion for Leave to Amend and Extend Contention EC-3 Regarding Environmental Justice and Petition To Do So" (February 3, 2011).
2 "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3" (Dec. 2010) ("FSEIS").
3 "Order (Granting Intervenor's Unopposed Joint Motion for an Extension of Time)" (Dec. 27, 2010).
1
- 2. Pursuant to the Board's Order, NYS, Clearwater, and Riverkeeper filed their new and/or amended contentions on February 3, 2011. Pursuant to the Board's Scheduling Order of July 1, 2010, and 10 C.F.R. 2.309(h)(1), answers to amended and/or new contentions were due to be filed within twenty-five (25) days of the filing of the contentions. Here, answers were originally due February 28, 2011.
- 3. On February 23, 2011, the NRC Staff filed a Request for an Extension of Time for the Staff's and Entergy's Answers to FSEIS Contentions, to permit such answers to be filed one week later, on March 7, 2011. This request was unopposed. On February 25, 2011, the Board granted the request, giving the Staff and Entergy until March 7, 2011 to file their answers. 4
- 4. Pursuant to the Board's Scheduling Order of July 1, 2010 and 10 C.F.R. 2.309(h)(2),
Clearwater' s reply to these answers is due within seven (7) days. If the Staff and Entergy file their answer on March 7, 2011, Clearwater's response will be due on March 14, 2011.
- 5. Clearwater will not be able to devote the considerable time and effort it will take to reply to the Staff and Entergy's answers by March 14 due to a reorganization of its legal team.
Specifically, Ross Gould is transitioning out of day-to-day representation of Clearwater, and Clearwater is working to find a new representative to replace Mr. Gould in this respect. This change was previously unanticipated. Getting a new representative up to speed on the issues in this case will take considerable time and effort, and Clearwater would like to ensure that any reply filed to the Staff and Entergy's answers is accurate and complete, so as not to waste the Board's time.
Clearwater estimates that an additional period of one week will be necessary to prepare this reply, such that the reply would be due Monday, March 21, 2011.
- 6. Clearwater has contacted Counsel for Entergy, Counsel for the NRC Staff, Counsel for New York, and Counsel for Riverkeeper. Counsel for Entergy objects to this extension of time.
4 "Order (Granting Time Extension)" (February 25, 2011).
.2
Counsel for the NRC Staff, Counsel for New York and Counsel for Riverkeeper have authorized Clearwater to state that they do not object to Clearwater's request for an extension of time by seven (7) days until Monday, March 21, 2011, to fileits reply to the NRC Staff and Entergy's answers to Clearwater's amended and extended environmental justice contention.
- 7. Petitioners would like to underscore that they did not object when Entergy requested a seven (7) day extension to file its answer to Clearwater's environmental justice contention. In the interest of fairness and common sense, Clearwater respectfully asks the Board to consider this petition despite Entergy's opposition.
WHEREFORE, Petitioners respectfully request that Clearwater be afforded an extension of time, until March 21, 2011, in which to file their reply to the NRC Staff and Entergy's answers to Clearwater's environmental justice contention.
Respectfully submitted, Manna Jo Greene Environmental Director Hudson River Sloop Clearwater, Inc.
112 Market St.
Poughkeepsie, NY 12601 845 454-7673 x 113
/s/
Ross Gould Board of Directors Hudson River Sloop Clearwater, Inc.
10 Park Avenue #5L New York, NY 10016 917-658-7144 March 4, 2011 3
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) )
___ ___ ___ ___ ___ March 4, 2011 CERTIFICATE OF SERVICE Prior to filing the enclosed "HUDSON RIVER SLOOP CLEARWATER, INC.'S URGENT REQUEST FOR EXTENSION OF TIME TO REPLY TO NRC STAFF AND ENTERGY'S ANSWER TO AMENDED ENVIRONMENTAL JUSTICE CONTENTION" I certify that on March 3, 2011 petitioners consulted in good faith with Nuclear Regulatory Commission (NRC)
Staff and with Entergy Staff.
Petitioners certify that the parties on. the service list below were served by e-mail today with copies of the enclosed "HUDSON RIVER SLOOP CLEARWATER, INC.'S URGENT REQUEST FOR EXTENSION OF TIME TO REPLY TO NRC STAFF AND ENTERGY'S ANSWER TO AMENDED ENVIRONMENTAL JUSTICE CONTENTION," and I caused a mail copy to be sent to the same parties:
Lawrence G. McDade, Chair Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane East Atomic Safety and Licensing Board Ridgeway, CO 81432 U.S. Nuclear Regulatory Commission E-mail: Kaye.Lathrop@ nrc.gov Washington, D.C. 20555 E-mail: Lawrence.McDade@nrc.gov Richard E. Wardwell Michael J. Delaney Atomic Safety and Licensing Board Department of Environmental Protection U.S. Nuclear Regulatory Commission 59-17 Junction Boulevard Washington, D.C. 20555 Flushing NY 11373 E-mail: Richard.Wardwell@ nrc.gov E-mail: mdelaney@dep.nyc.gov (718) 595-3982
John J. Sipos, Esq. Kathryn M. Sutton, Esq.
Assistant Attorney General Paul M. Bessette, Esq.
Office of the New York Attorney General Jonathan M. Rund, Esq.
for the State of New York Morgan, Lewis & Bockius, LLP The Capitol 1111 Pennsylvania Ave. N.W.
Albany, NY 12224 Washington, D.C. 20004 E-mail: John.Sipos@oag.state.ny.us E-mail:
pbessette@morganlewis.com ksutton@morganlewis.com jrund@morganlewis.com Josh Kirstein, Martin J. O'Neill, Esq.
Law Clerk Morgan, Lewis & Bockius, LLP Atomic Safety and Licensing Board Panel 1000 Louisiana Street, Suite 4000 U.S. Nuclear Regulatory Commission Houston, TX 77002 Washington, D.C. 20555 E-mail: martin.oneill @morganlewis.com Josh.Kirstein@nrc.gov Janice A. Dean, Esq. Office of Commission Appellate Adjudication Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C. 20555 120 Broadway, 26th Floor E-mail: OCAAMAIL@nrc.gov New York, NY 10271 E-mail: Janice.dean@oag.state.ny.us Office of the Secretary William C. Dennis, Esq.
Rulemakings and Adjudications Staff Entergy Nuclear Operations, Inc.
U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, D.C. 20555 White Plains, NY 10601 E-mail: HEARINGDOCKET@nrc.gov E-mail: wdennis@entergy.com Stephen C. Filler, Board Member Phillip Musegaas, Esq.
Hudson River Sloop Clearwater, Inc. Deborah Brancato, Esq.
724 Wolcott Ave Riverkeeper, Inc.
Beacon, New York 12508 20 Secor Road E-mail: sfiller@nylawline.com Ossining, NY 10562 Emails: phillip@riverkeeper.org dbrancato@riverkeeper.org Melissa-Jean Rotini, of counsel Joan Leary Matthews, Esq.
Assistant County Attorney Senior Attorney for Special Projects Office of Robert F. Meehan, Westchester New York State Department County Attorney of Environmental Conservation 148 Martine Avenue, 6th Floor 625 Broadway, 14 th floor White Plains, NY 10601 Albany, New York 12233-5500 2
E-mail: MJR 1@westchestergov.com E-mail: jlmatthe@gw.dec.state.ny.us Ross H. Gould, Esq. Thomas F. Wood, Esq.
270 Route 308 Daniel Riesel, Esq.
Rhinebeck, NY 12572 Jessica Steinberg, Esq.
E-mail: rgouldesq@qmail.com Sive, Paget and Riesel, P.C.
460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com jsteinberg@sprlaw.com Robert D. Snook, Esq. John L. Parker, Esq.
Assistant Attorney General Regional Attorney, Region 3 55 Elm Street, P.O. Box 120 New York State Department of Hartford, CT 06141-0120 Environmental Conservation E-mail: Robert.Snook@po.state.ct.us 21 South Putt Corners New Paltz, NY 12561 E-mail: jlparker@ gw.dec.state.ny.us Elise N. Zoli, Esq.
Goodwin Procter, LLP 53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com Sherwin E. Turk Sean Murray, Mayor Beth N. Mizuno Village of Buchanan Brian G. Harris Municipal Building David E. Roth 236 Tate Avenue Andrea Z. Jones Buchanan, NY 10511-1298 Office of General Counsel E-mail: vob@bestweb.net, Mail Stop: 0-15D21 SMurray@ villageofbuchanan.com, U.S. Nuclear Regulatory Commission Administrator@villageofbuchanan.com Washington, D.C. 20555-0001 E-mail: Sherwin.Turk@ nrc.gov; Beth.Mizuno@nrc.gov; brian.harris @nrc.gov; David.Roth @nrc.gov; andrea.jones @nrc.gov; Z14ý ý ylzý Manna Jo Greene, Environmental Director Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, New York 12508 E-mail: Mannajo@clearwater.org 3
March 4, 2011 4