ML13092A493
| ML13092A493 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/02/2013 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24336, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13092A493 (6) | |
Text
April 2, 2013 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 UNOPPOSED 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(a), the NRC Staff (Staff) hereby requests a ten-day extension of time, until April 15, 2013, to file its answer 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.1 As discussed infra at 3, Counsel for Applicant, the State of New York (New York), and Riverkeeper, Inc. (Riverkeeper) do not oppose this motion.2 In support of this request, the Staff states as follows:
- 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 CZMA consistency review by New York State because such renewal will not result in coastal effects 1 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).
2 The Staff attempted to contact Counsel for Hudson River Sloop Clearwater, Inc. (Clearwater),
but was unable to reach her prior to the filing of this motion.
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 its pending Motion, 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.
- 3.
In accordance with 10 C.F.R. § 2.323(c), and the Boards scheduling orders in this proceeding, answers to Entergys Motion are due to be filed on or before Friday, April 5, 2013.3
- 4.
On April 2, 2013, a telephone conference call was held by and among Counsel for Entergy, New York, Riverkeeper, and the Staff, at the request of Counsel for New York, for the purpose of consulting on New Yorks proposed filing of a Cross-Motion for Declaratory Judgment on CZMA issues. Counsel for New York explained, inter alia, that New York intends to file that Cross-Motion on April 5, 2013, seeking a declaratory order that Entergys LRA requires a CZMA consistency review by the State. Counsel for New York further advised that the State will file its Cross-Motion in or with its response to Entergys Motion, and that it will file certain documents in support of its position beyond those that had been filed by Entergy.
- 5.
Entergys Motion raises important issues that have required 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. New Yorks proposed filing of its Cross-Motion, along with additional documents in support of its position, will require further 3 See Order (Granting Parties Joint Motion for Alteration of Filing Schedule) (Feb. 28, 2013),
at 1.
review and consideration by the Staff regarding these issues.4 In light of the above, the Staff has determined that it would benefit from being able to review and address all of the arguments and documentary materials that have been or are planned to be filed by Entergy and New York, at the same time in its answers to the Motion and Cross Motion.
- 6.
Accordingly, the Staff requests that it be afforded a 10-day extension of time to file its response to Entergys Motion, i.e., until April 15, 2013, the day that it expects to file its response to New Yorks Cross-Motion for Declaratory Judgment in accordance with 10 C.F.R.
- 7.
In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has discussed this request with Counsel for the Applicant, Counsel for New York, and Counsel for Riverkeeper.
Counsel for each of those parties stated that they do not oppose the Staffs request. Counsel for the Staff was not able to reach Counsel for Clearwater prior to filing this motion.
- 8.
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 filing of reply findings of fact and conclusions of law on any Track 1 contentions or the litigation of any Track 2 hearing contentions.
4 In addition, the Staff is currently engaged in various other regulatory and litigation activities concerning the IP2/IP3 LRA, including preparation and issuance of the Final Supplement (Volume 4) to its Final Supplemental Environmental Impact Statement (FSEIS), and Reply Findings of Fact and Conclusions of Law on the nine Track 1 contentions.
WHEREFORE, the Staff respectfully requests that it be afforded an extension of time, until April 15, 2013, in which to file its answer to the Applicants Motion.
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 2nd day of April 2013 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, 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 2nd day of April 2013 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 Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO APPLICANTS MOTION FOR DECLARATORY ORDER AND MEMORANDUM CONCERNING THE COASTAL ZONE MANAGEMENT ACT, dated April 2, 2013, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 2nd day of April, 2013.
/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