ML12219A419
| ML12219A419 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/06/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23229, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12219A419 (8) | |
Text
August 6, 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC.
)
Docket Nos. 50-247-LR/286-LR
)
(Indian Point Nuclear Generating
)
Units 2 and 3)
)
NRC STAFFS MOTION FOR EXTENSION OF TIME TO RESPOND TO APPLICANTS MOTION FOR DECLARATORY ORDER AND MEMORANDUM CONCERNING THE COASTAL ZONE MANAGEMENT ACT Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff (Staff) hereby requests an extension of time, until October 1, 2012, or any later date that may be established for the filing of answers by other parties in this proceeding,1 to respond to the motion and memorandum filed by Entergy Nuclear Operations, Inc. (Applicant or Entergy) concerning satisfaction of the consistency review requirements of the Coastal Zone Management Act (CZMA), 16 U.S.C. § 1451, et seq.2 As discussed infra at 3, the Staff has discussed the instant motion for extension of time with the Counsel for Applicant, the State of New York (New York), Riverkeeper, Inc.
(Riverkeeper), and Hudson River Sloop Clearwater, Inc. (Clearwater) (collectively, Intervenors), none of whom has expressed opposition to this motion. In support of this request, the Staff states as follows:
1 The Staff notes that the State of New York has requested an extension of time until November 8, 2012, to file its answer to the Applicants motion. See State of New York Motion for Extension of Time to Respond to Entergys Motion for Declaratory Order Regarding the Coastal Zone Management Act (Aug. 6, 2012), at 1. During consultations between the parties, Counsel for the Staff opposed New Yorks requested extension of 90 days and sought agreement on a shorter extension for all parties.
2 Motion and Memorandum by Applicant Entergy Nuclear Operations, Inc. for Declaratory Order that It Has Already Obtained the Required New York State Coastal Management Program Consistency Review of Indian Point Units 2 and 3 for Renewal of Operating Licenses (Motion) (July 30, 2012).
- 1.
On July 24, 2012, Entergy filed an amendment to the Environmental Report submitted as part of its license renewal application (LRA), to reflect its conclusion that license renewal for Indian Point Units 2 and 3 (IP2 and IP2) is not subject to further consistency review by New York State because renewal will not result in coastal effects that are substantially different than the effects previously reviewed by the State. Motion at 2, citing 15 C.F.R. § 930.51(b)(3).
- 2.
On July 30, 2012, Entergy filed the instant Motion and Memorandum, requesting that the Atomic Safety and Licensing Board (Board) issue a declaratory order that further consistency review is neither necessary nor appropriate for renewal of the IP2 and IP3 operating licenses. Motion at 3. In accordance with 10 C.F.R. § 2.323(c), answers to Entergys Motion are due on or before August 9, 2012.
- 3.
Entergys Motion and Memorandum raise important issues that require a detailed factual and legal review of pertinent documents and legal authority, including a review of past CZMA certifications for IP2 and IP3, as well as the CZMA and implementing regulations issued by the U.S. Department of Commerce and the State of New York. These matters require sufficient time for review before the Staff is able to state its position.
- 4.
In addition, the Staff is considering the need to issue requests for additional information (RAIs) to the Applicant, concerning its July 24, 2012, amendment to its LRA. In the event that the Staff decides to issue such RAIs, sufficient time will be required for Entergy to respond thereto and for the Staff to consider those responses prior to filing its position on Entergys motion and memorandum.
- 5.
Further, the Staff is or soon will be engaged in other regulatory activities concerning the IP2/IP3 LRA, including consultations with the National Marine Fisheries Service (NMFS) on Endangered Species Act issues and review of any public comments on the Staffs draft Supplement to the Final Supplemental Environmental Impact Statement (FSEIS) in this proceeding.
- 6.
Finally, the Staff is and/or soon will be engaged in numerous other litigation tasks in this proceeding, including preparation of (a) the Staffs testimony and statement of position on Contention NYS-38 (due August 20, 2012), (b) proposed Board questions on all Track 1 contentions (due August 29, 2012), and (c) preparation for evidentiary hearings, scheduled to be held October 15-24, 2012.
- 7.
In light of the above, the Staff has determined that it requires an extension of time of approximately 53 days, until October 1, 2012, to file its answer to the Applicants Motion.
Further, however, in the event that the Board affords a longer period of time for other parties to respond to the Applicants motion and memorandum, the Staff requests that it be afforded an equal amount of time in which to file its response, such that a uniform date be established for filing of the Staffs and other parties answers to the Applicants Motion.
- 8.
In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for the Applicant, New York, Riverkeeper, and Clearwater. Counsel for the Applicant stated that Entergy consents to the Staffs request. Counsel for New York, Riverkeeper and Clearwater stated that they take no position on the Staffs motion.
- 9.
The Staff respectfully submits that the instant request for an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. Further, this extension of time will not affect the hearing on Track 1 contentions (scheduled to commence on October 15, 2012) and will not interfere with or overlap any currently-scheduled filings concerning Track 1 hearing contentions.
WHEREFORE, the Staff respectfully requests that it be afforded an extension of time, until October 1, 2012, in which to file its answer to the Applicants motion and memorandum, or until such later date, if any, that may be established for the filing of other parties answers thereto.
Respectfully submitted, Signed Electronically by Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 6th day of August 2012 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 other parties to this proceeding to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful, in part, to the extent set forth above.
Signed Electronically by Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 6th day of August 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC. )
Docket Nos. 50-247/286-LR
)
(Indian Point Nuclear Generating
)
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS MOTION FOR EXTENSION OF TIME TO RESPOND TO APPLICANTS MOTION FOR DECLARATORY ORDER AND MEMORANDUM CONCERNING THE COASTAL ZONE MANAGEMENT ACT, dated August 6, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 6th day of August, 2012.
Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Lawrence.McDade@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, DC 20555-0001 E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Richard.Wardwell@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Michael.Kennedy@nrc.gov Anne Siarnacki, Esq.
Shelbie Lewman, Esq.
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U. S, Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: shelbie.lewman@nrc.gov E-mail: Anne.Siarnacki@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, DC 20555-0001 Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of Robert F. Meehan, Esq.
Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Jonathan Rund, Esq.
Raphael Kuyler, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, D.C. 20004 E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com E-mail: rkuyler@morganlewis.com John J. Sipos, Esq.
Charlie Donaldson, Esq.
Assistants Attorney General New York State Department of Law Environmental Protection Bureau The Capitol Albany, NY 12224 E-mail: John.Sipos@ag.ny.gov Martin J. ONeill, Esq.
Morgan, Lewis & Bockius, LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 E-mail: martin.o'neill@morganlewis.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com Janice A. Dean, Esq.
Assistant Attorney General, Office of the Attorney General of the State of New York 120 Broadway, 25th Floor New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Joan Leary Matthews, Esq.
Senior Attorney for Special Projects New York State Department of Environmental Conservation Office of the General Counsel 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 E-mail: wdennis@entergy.com John Louis Parker, Esq.
Office of General Counsel, Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Daniel E. ONeill, Mayor James Seirmarco, M.S.
Village of Buchanan Municipal Building Buchanan, NY 10511-1298 E-mail: vob@bestweb.net E-mail: smurray@villageofbuchanan.com Manna Jo Greene Karla Raimundi Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 E-mail: mannajo@clearwater.org E-mail: karla@clearwater.org Robert Snook, Esq.
Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 E-mail: robert.snook@ct.gov Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria S. Treanor, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com E-mail: vtreanor@sprlaw.com Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 E-mail: phillip@riverkeeper.org E-mail: 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
/Signed (electronically) by/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: sherwin.turk@nrc.gov