ML11216A341
| ML11216A341 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/04/2011 |
| From: | Sherwin Turk NRC/OGC |
| To: | NRC/OCM |
| References | |
| 50-247-LR, 50-286-LR, RAS E-568 | |
| Download: ML11216A341 (7) | |
Text
August 4, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. SO-247-LR/286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
NRC STAFF'S MOTION FOR A THREE-DAY EXTENSION OF TIME TO FILE ITS ANSWER TO APPLICANT'S PETITION FOR REVIEW Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff ("Staff") hereby requests a three-day extension of time, until August 11, 2011, to file its Answer to "Applicant's Petition for Review of LBP-11-17 Granting Summary Disposition of Consolidated Contention NYS-3S/36" ("Petition")
filed by Entergy Nuclear Operations, Inc. ("Entergy" or "Applicant") on July 29, 2011. In support of this request, the Staff respectfully states as follows:
- 1. The Applicant's Petition seeks Commission review of the Atomic Safety and Licensing Board's ("Board") decision in LBP-11-17, in which the Board (a) granted the State of New York's ("New York") motion for summary disposition of Contention NYS-3S/36, and (b) denied the Applicant's and Staff's cross-motions for summary disposition of that contention. 1 Pursuant to 10 C.F.R. § 2.341 (b)(3) and (f)(2), answers to the Applicant's Petition are due to be filed within 10 days after the filing thereof, i.e., on or before Monday, August 8,2011.
- 2. The Applicant's Petition was served on the Staff by E-mail after the close of business, at 9:37 PM on Friday, July 29, 2011, and was effectively received by Staff Counsel on 1 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC _ (July 14,2011) ("Memorandum and Order (Ruling on Motion and Cross-Motions for Summary Disposition of NYS-35/36)" ("Order").
-2 Monday, August 1. 2011. The timing of the Applicant's filing and service of its Petition, while not improper, effectively afforded eight days for the Staff to prepare its Answer to the Petition.
- 3. The time available for the Staff to respond to the Applicant's Petition has been further constricted due to a planned outage of the NRC electronic network, and the expected closure of the NRC's White Flint complex. on Saturday, August 6. In this regard. the Office of Information Services has announced that it will conduct testing of the NRC network infrastructure from 6:00 pm on Friday. August 5. until 6:00 am on Sunday. August 7, 2011.
Further. the Office of Administration plans to perform electrical maintenance and installation of power conditioning equipment throughout the White Flint complex from 6:00 am until 6:00 pm on Saturday. August 6.2011. As a result, there will be no power for lighting. cooling, elevators or other services on Saturday, August 6, 2011, and the Staff will lack access to the office during that period. In addition, the Staff has been informed that network users may become disconnected from the network and may be unable to save their work during this period, and that they should not connect to the NRC network from remote locations due to expected slowness and intermittent disruption of network connectivity.
- 4. The Staff's review of the Applicant's Petition leads it to conclude that the Petition raises important questions of law that should be addressed by the Commission, and that the Board's decision in LBP-11-17 threatens to have a pervasive or unusual effect on this proceeding. For this reason, the Staff intends to file an answer in support of the Applicant's Petition. The Staff has commenced preparation of its Answer. in which it sets forth its views regarding this matter. Given the importance of this matter, the Staff wishes to assure that it has sufficient time to prepare its Answer, including time for review, comment, and concurrence by appropriate Staff members and management. Due to the circumstances described above, however, the Staff has determined that it will require an additional period of three days, i.e., until Thursday, August 11, 2011, to complete and file its Answer.
-3
- 5. The Staff is aware of the importance of avoiding unnecessary delay in the conduct of this proceeding. The Staff respectfully submits that a three-day extension of time for the filing of its Answer is not unreasonable under the circumstances, and that it will not cause hardship for any party or substantial delay in the proceeding.
- 6. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York and Counsel for Entergy. Counsel for New York stated that "New York does not support" the Staff's request for an extension of time but, IT the Staff's request is granted, New York requests "that the time for the State (and Connecticut) to file an answer be similarly extended." Counsel for Entergy stated that the Applicant does not object to the Staff's request for an extension of time but requests, for the sake of efficiency, that a single date be established for the filing of its replies to both the Staff's and New York's Answers to its Petition under 10 C.F.R. § 2.341 (b)(3); pursuant to that request, the Applicant's replies to both New York's and the Staff's Answers would be filed on August 16, 2011, rather than being filed on August 15 and 16, respectively. The Staff does not oppose either New York or the Applicant's request.
WHEREFORE, the Staff respectfully requests that it be afforded a three-day extension of time, until August 11, 2011, in which to file its Answer to the Applicant's petition for review.
Respectfully submitted,
~tAJ~E(u 1 (;; ~
Sherwin E. Turk --~
Counsel for NRC Staff Dated at Rockville, Maryland this 4th day of August 2011
-4 CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the Applicant and the State of New York, to resolve the issues raised in this Motion, and that his efforts to resolve this issue have thus far been unsuccessful, in part.
Respectfully submitted, A~~
Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 4th day of August 2011
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "NRC STAFF'S MOTION FOR A THREE-DAY EXTENSION OF TIME TO FILE ITS ANSWER TO APPLICANT'S PETITION FOR REVIEW,"
dated August 4, 2011, have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, or by deposit in the U.S. Postal Service, as indicated by an asterisk, with copies by electronic mail, this 4th day of August, 2011:
Lawrence G. McDade, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Mail Stop: 0-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T -3 F23 Mail Stop: 0-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov E-mail: Hearing.Docket@nrc.gov Dr. Kaye D. Lathrop Josh Kirstein, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 190 Cedar Lane E. Mail Stop - T -3 F23 Ridgway, CO 81432 U. S, Nuclear Regulatory Commission E-mail: Kaye.Lathrop@nrc.gov Washington, D.C. 20555-0001 E-Mail: Josh.Kirstein@nrc.gov
-2 Atomic Safety and Licensing Board Panel Melissa-Jean Rotini, Esq.
U.S. Nuclear Regulatory Commission Assistant County Attorney Mail Stop: T-3 F23 Office of Robert F. Meehan, Esq.
Washington, DC 20555-0001 Westchester County Attorney (Via Internal Mail Only) 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-Mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq.
- John J. Sipos, Esq.*
Paul M. Bessette, Esq. Charlie Donaldson, Esq.
Jonathan Rund, Esq. Assistants Attorney General Morgan, Lewis & Bockius, LLP New York State Department of Law 1111 Pennsylvania Avenue, NW Environmental Protection Bureau Washington, D.C. 20004 The Capitol E-mail: ksutton@morganlewis.com Albany, NY 12224 E-mail: pbessette@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: jrund@morganlewis.com Janice A. Dean, Esq.*
Martin J. O'Neill, Esq.
- Assistant Attorney General, Morgan, Lewis & Bockius, LLP Office of the Attorney General 1000 Louisiana Street, Suite 4000 of the State of New York th Houston, TX 77002 120 Broadway, 25 Floor E-mail: martin.o.neill@morganlewis.com New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Elise N. loli, Esq.* Joan Leary Matthews, Esq.*
Goodwin Procter, LLP Senior Attorney for Special Projects Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 02109 Office of the General Counsel E-mail: ezoli@goodwinprocter.com 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq.* John Louis Parker, Esq.
- Assistant General Counsel Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental conservation White Plains, NY 10601 21 South Putt Corners Road E-mail: wdennis@entergy.com New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us
- 3 Daniel E. 0' Neill, Mayor* Manna Jo Greene*
James Seirmarco, M.S. Stephen Filler Village of Buchanan Hudson River Sloop Clearwater, Inc.
Municipal Building 724 Wolcott Avenue Buchanan, NY 10511-1298 Beacon, NY 12508 E-mail: vob@bestweb.net E-mail: mannajo@clearwater.org E-mail: smurray@villageofbuchanan.com E-mail: stephenfiller@gmail.com Robert Snook, Esq.* Daniel Riesel, Esq.*
Office of the Attorney General Thomas F. Wood, Esq.
State of Connecticut Victoria Shiah, Esq.
55 Elm Street Sive, Paget & Riesel, P.C.
P.O. Box 120 460 Park Avenue Hartford, CN 06141-0120 New York, NY 10022 E-mail: robert.snook@ct.gov E-mail: driesel@sprlaw.com vshiah@sprlaw.com Phillip Musegaas, Esq.*
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 E-mail: phillip@riverkeeper.org dbrancato@riverkeeper.org Michael J. Delaney, Esq.*
Director, Energy Regulatory Affairs New York City Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 E-mail: mdelaney@dep.nyc.gov
~~~J/wI<--
Sherwin E. Turk Counsel for NRC Staff