ML111190472
| ML111190472 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/29/2011 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECYRAS | |
| References | |
| 07-858-03-LR-BD01, RAS E-512 | |
| Download: ML111190472 (7) | |
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) April 29, 2011 ORDER (Granting NRC Staffs Unopposed Motion for Extension of Time and Providing Instructions for Submission of Documents for In Camera Inspection)
The NRC Staff has moved unopposed to extend the time within which it may answer a pending Motion to Compel filed on April 22, 2011, by the State of New York (New York).1 The NRC Staff represents it has asked that its employees and consultants review the documents in their possession, to assure that all documents which it is required to produce or identify, that are the subject of New Yorks Motion, have been (or are) disclosed or identified.2 To complete this process, the NRC Staff requests that its deadline to respond to New Yorks Motion to Compel be extended from May 2, 2011, to May 9, 2011.3 The NRC Staffs Motion comes nearly three months after New York requested the documents at the heart of its Motion to Compel4 and less than two months before New Yorks direct testimony on contentions 1
NRC Staffs Unopposed Request for an Extension of Time to Respond to the State of New Yorks Motion to Compel the Production of Documents (Apr. 27, 2011) [hereinafter NRC Staff Motion]; see State of New York Motion to Compel NRC Staff to Produce Documents Relied Upon in Staffs Final Supplemental Environmental Impact Statement (Apr. 22, 2011) [hereinafter New York Motion to Compel]. New York has filed an Answer to the NRC Staffs Motion that responds to points raised in the NRC Staffs Motion, but does not oppose the NRC Staffs Motion. See State of New York Answer to NRC Staffs Unopposed Motion for Extension of Time (Apr. 28, 2011) at 1.
2 NRC Staff Motion at 2-3.
3 Id. at 3.
4 See New York Motion to Compel at 2-3.
potentially related to these documents is due.5 Given the time expended to date as a critical evidentiary hearing milestone approaches, we are more skeptical than the NRC Staff that this additional delay in the Staffs filing of its answer to New Yorks Motion will not cause hardship for any party or substantial delay in the proceeding.6 Nevertheless, because the NRC Staffs Motion is unopposed and appears to be aimed at resolving this dispute, we hereby grant the NRC Staffs Motion for an extension of time to respond to New Yorks Motion to Compel.
In addition to the documents that the NRC Staff has pledged to search for and produce or identify as privileged no later than May 9, 2011, the instant discovery dispute questions whether certain documents already withheld by the NRC Staff have been appropriately categorized and described in its privilege logs.
Accordingly, in order to expedite a full resolution of the issues presented by New Yorks Motion to Compel and in accord with our duties pursuant to 10 C.F.R. § 2.319, we direct that on or before May 9, 2011, the NRC Staff shall electronically submit to the Board for in camera inspection those documents it has claimed as privileged (as well as any newly identified documents for which the NRC Staff desires to withhold or claim as privileged) that were generated or reviewed by Information Systems Laboratories, Inc. and/or Sandia National Laboratory in conjunction with the NRC Staffs environmental review of Entergy Nuclear Operations, Inc.s License Renewal Application for Indian Point Units 2 and 3 that are the subject of New Yorks Motion to Compel. This in camera filing shall also include a justification for and an explanation of why a privilege is applicable to each document. Once the Board is in receipt of these documents and their accompanying explanations, we will evaluate the privilege claims and, if appropriate, expeditiously order the production of 5
See id. at 5 (arguing that preparation of direct testimony on contentions including Contentions 12/12A/12B and 16/16A/16B is due in less than 60 days. Staff has not provided the documents it should have produced when it issued the FSEIS, documents the State requested three months ago. This Motion to Compel is essential to permit the State to fully prepare its case.); Licensing Board Scheduling Order (July 1, 2010) at para. K.1 (unpublished).
6 See NRC Staff Motion at 3.
any documents that we find may not be properly withheld as privileged.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 29, 2011 7
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.
NITED 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 ORDER (Granting NRC Staffs Unopposed Motion for Extension of Time and Providing Instructions for Submission of Documents for In Camera Inspection) has been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission Mail Stop O-7H4M Mail Stop O-16C1 U.S. Nuclear Regulatory Commission 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 NRC Staffs Unopposed Motion for Extension of Time and Providing Instructions for Submission of Documents for In Camera Inspection)
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 440 Hamilton Avenue Deputy Assistant Attorney General White Plains, NY 10601 Division of Social Justice Janice A. Dean Assistant Attorney General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 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, New York 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 NRC Staffs Unopposed Motion for Extension of Time and Providing Instructions for Submission of Documents for In Camera Inspection)
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, New York 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 FUSE USA Westchester Citizens Awareness Network John LeKay (WestCan), Citizens Awareness Network, Heather Ellsworth Burns-DeMelo (CAN), et al Remy Chevalier Susan H. Shapiro, Esq.
Bill Thomas 21 Pearlman Drive Belinda J. Jaques Spring Valley, NY 10977 351 Dyckman Street Peekskill, New York 10566 3
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting NRC Staffs Unopposed Motion for Extension of Time and Providing Instructions for Submission of Documents for In Camera Inspection)
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
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 29th day of April 2011 4