ML13142A562
| ML13142A562 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/22/2013 |
| From: | Brancato D, Musegaas P Riverkeeper |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24565, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13142A562 (7) | |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos.
)
50-247-LR Entergy Nuclear Operations, Inc.
)
and 50-286-LR (Indian Point Nuclear Generating
)
Units 2 and 3)
)
May 22, 2013
___________________________________________ )
RIVERKEEPER, INC. OPPOSITION TO ENTERGYS MOTION FOR LEAVE TO SUPPLEMENT ITS MOTION FOR DECLARATORY ORDER In accordance with 10 C.F.R. § 2.323(c), Riverkeeper, Inc. (Riverkeeper), hereby submits the instant opposition to Entergys Motion for Leave to Supplement its Motion for Declaratory Order that it Has Already Obtained the Required New York State Coastal Management Program Consistency Review of Indian Point Unit 2 and 3 for Renewal of the Operating Licenses, dated May 20, 2013.1 For the reasons that follow, the Atomic Safety and Licensing Board (ASLB) should deny Entergys motion for leave as untimely.
NRC regulations related to Rules of General Applicability for NRC hearing proceedings provide that [a]ll motions must be made no later than ten (10) days after the occurrence or circumstances from which the motion arises.2 [A]ll motions includes any motions except § 2.309 motions for new or amended contentions filed after the deadline.3 The ASLB has acknowledged the general applicability of the 10-day timeframe provided for in 1 The instant response is intended as a response to Entergys motion for leave to file a supplement to its original motion for declaratory order, without prejudice to Riverkeepers opportunity to respond in the event that the ASLB grants Entergys request for leave. As Entergy has represented, in the event that the ASLB so grants Entergys request for leave, the New York State, Riverkeeper, and NRC Staff have agreed upon a workable date by which to respond, June 21, 2013, which Riverkeeper respectfully requests the ASLB grant. See Entergys Motion for Leave at 3.
2 10 C.F.R. § 2.323(a)(2) (emphasis added).
3 Id. § 2.323(a)(1) (emphasis added).
2 NRCs regulations in the above-captioned proceeding.4 Other than for specific types of motions, such as motions to compel discovery and motion related to the filing of new or amended contentions, the ASLB has not altered the general 10-day timeframe in relation to motion practice in this proceeding.5 Entergys request for leave to file a supplement to its motion for a declaratory order related to Entergys compliance with Federal coastal zone management consistency review requirements, dated July 30, 2012, is based upon documents that Entergy has represented to the parties it has been in possession of since February 27, 2013, approximately three months ago. In particular, Entergy proposes to supplement its original motion with new exhibits that Entergy obtained through New York State Freedom of Information Law requests on February 27, 2013.
Even assuming this is the latest potential date trigger date for the circumstances or occurrence giving rise to Entergys motion, that is, the date on which Entergy received the documents it now seeks to supplement its original motion for declaratory order with, Entergy has blatantly and grossly failed to meet the 10-day deadline within which to filed its motion for leave to supplement. Nor has Entergy sought an extension of time in which to file its motion, despite the ASLBs clear procedures providing the opportunity to do so.6 Entergy has failed to provide any justification for failing to abide by the clear procedures established in NRCs regulations as well as in this proceeding relating to motion practice. Thus, Entergys motion for leave to file a supplement to its July 30, 2012 motion for declaratory order must be denied as untimely.
4 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos.
50-0247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BD01, Scheduling Order (July 1, 2010), at footnote 17.
5 See id. at ¶¶ D, F.2., H; see id. footnote 17.
6 See id. at ¶ G.4.
3 Respectfully submitted, Signed (electronically) by Deborah Brancato, Esq.
Phillip Musegaas, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 (914) 478-4501 dbrancato@riverkeeper.org phillip@riverkeeper.org Dated: May 22, 2013
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos.
)
50-247-LR Entergy Nuclear Operations, Inc.
)
and 50-286-LR (Indian Point Nuclear Generating
)
Units 2 and 3)
)
May 22, 2013
___________________________________________ )
Certification Pursuant to 10 C.F.R. § 2.323(b)
In accordance with 10 C.F.R. § 2.323(b) and the ¶ G.7 of the ASLBs July 1, 2010 Scheduling Order in the above-reference proceeding, I certify that I have made a sincere effort to make myself available to listen and respond to the moving party, and to resolve the factual and legal issues raised in the motion, and that my efforts to resolve the issues have been unsuccessful.
Signed (electronically) by Deborah Brancato Deborah Brancato, Esq.
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos.
)
50-247-LR Entergy Nuclear Operations, Inc.
)
and 50-286-LR (Indian Point Nuclear Generating
)
Units 2 and 3)
)
May 22, 2013
___________________________________________ )
CERTIFICATE OF SERVICE I certify that on May 22, 2013, copies of Riverkeeper, Inc. Opposition to Entergys Motion for Leave to Supplement its Motion for Declaratory Order, were served on the following by NRCs Electronic Information Exchange:
Lawrence G. McDade, Chair Richard E. Wardwell, Administrative Judge Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lawrence.McDade@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov Shelbie Lewman Law Clerk Anne Siarnacki Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 shelbie.lewman@nrc.gov anne.siarnacki@nrc.gov John J. Sipos, Esq.
Assistant Attorney General Office of the New York Attorney General for the State of New York The Capitol Albany, NY 12224 E-mail: John.Sipos@oag.state.ny.us Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 Phone: (202) 662-6000 Fax: (202) 662-6291 E-mail: rmeserve@cov.com Martin J. ONeill, Esq.
Morgan, Lewis & Bockius, LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 E-mail: martin.oneill@morganlewis.com
2 Janice A. Dean, Esq.
Assistant Attorney General Office of the Attorney General 120 Broadway, 26th Floor New York, NY 10271 E-mail: Janice.dean@oag.state.ny.us William C. Dennis, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 E-mail: wdennis@entergy.com Office of the Secretary Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555 E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 E-mail: OCAAMAIL@nrc.gov Manna Jo Greene Karla Raimundi Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave Beacon, New York 12508 E-mail: Mannajo@clearwater.org karla@clearwater.org stephenfiller@gmail.com Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Victoria S. Treanor Sive, Paget and Riesel, P.C.
460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com vtreanor@sprlaw.com Melissa-Jean Rotini, of counsel Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Sean Murray, Mayor Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 E-mail: vob@bestweb.net, SMurray@villageofbuchanan.com, Administrator@villageofbuchanan.com Elise N. Zoli, Esq.
Goodwin Procter, LLP 53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com Richard Webster, Esq.
Public Justice, P.C.
Suite 200 1825 K Street, NW Washington, DC 20006 rwebster@publicjustice.net Robert D. Snook, Esq.
Assistant Attorney General 55 Elm Street, P.O. Box 120 Hartford, CT 06141-0120 E-mail: Robert.Snook@po.state.ct.us Michael J. Delaney Department of Environmental Protection 59-17 Junction Boulevard Flushing NY 11373 E-mail: mdelaney@dep.nyc.gov
3 Sherwin E. Turk Beth N. Mizuno Brian G. Harris David E. Roth Joseph A. Lindell Anita Ghosh, Esq.
Office of General Counsel Mail Stop: 0-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail:
Sherwin.Turk@nrc.gov Beth.Mizuno@nrc.gov brian.harris@nrc.gov David.Roth@nrc.gov Joseph.Lindell@nrc.gov anita.ghosh@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Jonathan M. Rund, Esq.
Raphael Kuyler, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave. N.W.
Washington, D.C. 20004 E-mail:
pbessette@morganlewis.com ksutton@morganlewis.com jrund@morganlewis.com rkuyler@morganlewis.com Edward F. McTiernan Deputy Counsel Office of General Counsel New York State Department of Environmental Conservation 625 Broadway, 14th floor Albany, NY 12233-150024 (518) 402-9185 phone (518) 402-9018 fax efmctier@gw.dec.state.ny.us Signed (electronically) by Deborah Brancato Deborah Brancato May 22, 2013