ML13094A459
| ML13094A459 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/04/2013 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24346, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13094A459 (5) | |
Text
April 4, 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 SUPPLEMENT TO AND RESTATEMENT OF 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 the Atomic Safety and Licensing Boards (Board) Order (Denying NRC Staffs Motion for an Extension of Time) (Apr. 4, 2013) (Order), the NRC Staff (Staff) hereby supplements, restates, and renews the NRC Staffs Unopposed Motion for Extension of Time to Respond to Applicants Motion for Declaratory Order and Memorandum Concerning the Coastal Zone Management Act, filed on April 2, 2013 (Motion).
- 1.
As stated in the Staffs Motion, on April 2, 2013, a telephone conference was held among Counsel for Entergy Nuclear Operations, Inc. (Entergy), the State of New York (New York), Riverkeeper, Inc. (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. Motion at 2 ¶ 4. For reasons unknown to the Staff, Counsel for Hudson River Sloop Clearwater, Inc. (Clearwater) did not participate in that call.
- 2.
During the conference call, the undersigned Staff Counsel informed the other parties that he was considering the filing of a motion for extension of time to respond to Entergys motion, to allow the Staffs response to be filed at the same time that it responds to New Yorks Cross-Motion. Following the conference call, Counsel for Entergy, New York and Riverkeeper advised Staff Counsel that they do not oppose the Staffs request.
- 3.
As stated above, Counsel for Clearwater did not participate in the telephone conference call. The conference call was held from 1:00 to 1:45 PM on April 2. Inasmuch as the Staff was required to file any motion for extension of time that same day, i.e., no more than three days before the April 5 deadline for filing its Answer to Entergys motion,1 Staff Counsel attempted to contact Karla Raimundi, Esq., Counsel for Clearwater, by telephone at her office, to obtain her position on the Staffs request. That telephone call was not answered.
- 4.
In view of the three-day deadline for filing motions for an extension of time, the Staff proceeded to file its Motion within hours after the conference call was held on April 2, prior to being able to speak with Counsel for Clearwater. In its Motion, Staff Counsel reported the positions expressed by Counsel for New York, Entergy and Riverkeeper; further, Staff Counsel accurately stated that [t]he Staff attempted to contact Counsel for [Clearwater], but was unable to reach her prior to the filing of this motion.2
- 5.
The Staff recognizes that consultation requires that other parties must be contacted with sufficient time to consider a proposed motion.3 In this instance, however, Staff Counsel was required to file the Staffs Motion on extremely short notice, within hours after consulting with New York and other parties about New Yorks proposed Cross-Motion, and before he was able to speak with Clearwater regarding its position, in light of the three-day deadline for seeking an extension of time.
1 See Scheduling Order (July 1, 2010), at 7 ¶ 4.
2 Motion at 1 n.2; cf. id. at 3 ¶ 7 (Counsel for the Staff was not able to reach Counsel for Clearwater prior to filing this motion.).
3 See Order (Denying New York States Motion to Supplement) (June 7, 2012), at 3-4.
- 6.
Following issuance of the Boards Order today, Staff Counsel again contacted Counsel for Clearwater, by telephone and E-mail. Counsel for Clearwater responded by E-mail, stating as follows: Regarding the Staff's motion requesting an extension of time in the CZMA matter, Clearwater does not oppose the Staff's motion. Counsel for Clearwater further stated that she has been out of the office with limited access to email/Internet, provided her cell phone number, and stated that her cell phone number is the best way to reach me as recent professional responsibilities keep me out of the office most days of the week.
- 7.
The Staff hereby supplements and updates its Motion with the information provided above. In all other respects, the Staff restates, incorporates by reference, and renews its Motion for a 10-day extension of time to respond to Entergys motion on CZMA issues.
- 8.
Staff Counsel telephoned the Boards Law Clerk (Ms. Shelbie Lewman) earlier this afternoon, and informed her (a) that Clearwater does not oppose the Staffs Motion, and (b) of the Staffs intention to file this Supplement.
- 9.
The Staff appreciates the Boards stated willingness to expeditiously review a second motion if filed by the NRC Staff, Order at 2. Under the circumstances described above, the Staff respectfully requests that favorable consideration be afforded to the Staffs Motion and this Supplement.
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 on CZMA issues.
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 4th 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 all of the other parties to this proceeding to resolve the issues raised in its Motion, as supplemented, and that his efforts to resolve this issue have been successful, as 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 4th 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 SUPPLEMENT TO AND RESTATEMENT OF 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 4, 2013, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 4th 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