ML14351A527
| ML14351A527 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/17/2014 |
| From: | Kuyler R Entergy Nuclear Operations, Entergy Services, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-255-LA, Pending, RAS 27020 | |
| Download: ML14351A527 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket No. 50-255-LA
)
ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Palisades Nuclear Plant) ) December 17, 2014
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APPLICANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO PETITION TO INTERVENE AND REQUEST FOR HEARING Pursuant to 10 C.F.R. §§ 2.323 and 2.307(a), Entergy Nuclear Operations, Inc.
(Entergy) hereby files this unopposed motion for an extension of time, to January 12, 2015, to file its answer to the petition to intervene and request for hearing (Petition)1 filed by Beyond Nuclear, Dont Waste Michigan, Michigan Safe Energy Future - Shoreline Chapter, and the Nuclear Energy Information Service (collectively, Petitioners).2 I. BACKGROUND On September 30, 2014, the NRC published in the Federal Register a notice of opportunity to request a hearing on Entergys July 29, 2014, license amendment request for 1
Petition to Intervene and for a Public Adjudication Hearing of Entergy License Amendment Request for Authorization to Implement 10 CFR §50.61a, Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events (Dec. 1, 2014) (ADAMS Accession No. ML14335A807).
Petitioners later amended the Petition. See Amended Petition to Intervene and for a Public Adjudication Hearing of Entergy License Amendment Request for Authorization to Implement 10 CFR §50.61a, Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events (Dec. 8, 2014)
(ADAMS Accession No. ML14344A321).
2 In accordance with 10 C.F.R. § 2.323(b), counsel for Entergy certify that they made a sincere effort to contact the other parties in this proceeding, to explain to them the factual and legal issues raised in this Motion and to resolve those issues to the extent practicable, and certify that their efforts have been successful. Counsel for the U.S. Nuclear Regulatory Commission (NRC) Staff does not oppose Entergys motion, and requests that the same extension be afforded the Staff for the filing of its Answer, due to the intervening holidays and planned absences from the office, and in the interest of establishing a uniform date for filing the Staffs and Applicants Answers and the Petitioners Reply thereto. Petitioners have no objection to the proposed extension.
Palisades Nuclear Plant.3 The license amendment request seeks NRC approval to implement the alternate fracture toughness requirements for pressurized water reactor (PWR) reactor vessels in 10 C.F.R. § 50.61a.4 The Notice provided an opportunity to request a hearing within sixty days of the date of the notice.5 Petitioners submitted the Petition via Electronic Information Exchange (EIE) on December 1, 2014.6 The Petition was not accompanied by a certificate of service.7 On December 10, 2014, Petitioners submitted an Amended Petition dated December 8, 2014.8 The Office of the Secretary (SECY) referred the Petition and Amended Petition to the Chief Judge of the Atomic Safety and Licensing Board (ASLB) Panel on December 11, 2014,9 and the Chief Judge established the presiding ASLB on December 17.10 Entergy, however, was not served with a copy of the Petition, Amended Petition, or the Referral Memo. Instead, Entergy learned of the pending hearing request through a courtesy call from NRC Staff counsel on December 11, 2014.
In accordance with 10 C.F.R. § 2.309(i)(1), applicants may file answers to hearing requests and intervention petitions within twenty-five days after service of the request [or]
petition. Assuming service and accounting for weekends and holidays, the resulting due date 3
Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 79 Fed. Reg. 58,812, 58,814-15 (Sept. 30, 2014) (Notice).
4 PNP 2014-049, Letter from A. Vitale to NRC Document Control Desk, License Amendment Request to Implement 10 CFR 50.61a, Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events (July 29, 2014) (ADAMS Accession No. ML14211A520).
5 Notice, 79 Fed. Reg. at 58,813.
6 Letter to E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel, Request for Hearing in the Matter of Entergy Nuclear Operations, Inc., Palisades Nuclear Plant, Docket No. 50-255-LA at 1 (Dec. 11, 2014) (Referral Memo).
7 See Petition.
8 See Amended Petition; Certificate of Service (Dec. 10, 2014) (certifying service of the Amended Petition upon the parties to this proceeding on December 10).
9 Referral Memo.
10 Establishment of Atomic Safety and Licensing Board (Dec. 17, 2014).
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for responses to the Petition would be Monday, December 29, 2014. Likewise, the resulting due date for responses to the Amended Petition would be Monday, January 5, 2015.
II. ARGUMENT Entergy respectfully requests a modest extension of time for filing its answer, until Monday, January 12, 2015.
Under 10 C.F.R. § 2.307(a), the presiding officer may extend procedural deadlines for good cause, or by stipulation approved by the Commission or the presiding officer. The Commission has stated that [t]he presiding officer will ultimately determine on a case-by-case basis whether a participant has demonstrated good cause for a § 2.307 request to extend a filing deadline.11 Good cause exists for two reasons. First, Entergy was not notified by SECY of the establishment of the docket, nor served with a copy of the Petition or the Amended Petition, and only learned of the filings and independently obtained copies on December 11, 2014.12 Second, the time to respond falls during the holiday/vacation season.13 Essential Entergy employees will have limited availability for much of the time allotted for the responses. Absent an extension, Entergy will have difficulty reviewing the legal and factual circumstances surrounding the Petition, analyzing that information, and drafting and reviewing its response. Granting a modest extension to January 12, 2015, will not prejudice any party or cause undue delay to the resolution of this proceeding.
11 Final Rule, Amendments to Adjudicatory Process Rules and Related Requirements, 77 Fed. Reg. 46,562, 46,572 (Aug. 3, 2012).
12 The Notice identifies William Dennis as counsel for Entergy. However, Mr. Dennis is no longer an Entergy employee. Entergy understands that SECY attempted to contact Mr. Dennis at the time the Petition was filed, but was not successful, and did not contact any other representative from Entergy.
13 See, e.g., Exelon Generation Co, LLC (Dresden Nuclear Power Station, Units 2 & 3) Order (Granting Joint Unopposed Motion for Extension of Time), at 1-2 (Dec. 20, 2013) (unpublished ASLB order) (ADAMS Accession No. ML13354B938) (finding that good cause exists because the time to respond falls during the holiday season.).
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III. CONCLUSION Accordingly, Entergy respectfully requests that this unopposed motion be granted, and that it be afforded an extension of time, until January 12, 2015, in which to file its answer to the Petition and Amended Petition.
Respectfully submitted, Signed (electronically) by Raphael P. Kuyler William B. Glew, Jr., Esq. Paul M. Bessette, Esq.
ENTERGY SERVICES, INC. Raphael P. Kuyler, Esq.
440 Hamilton Avenue MORGAN, LEWIS & BOCKIUS LLP White Plains, NY 10601 1111 Pennsylvania Avenue, NW Phone: (914) 272-3360 Washington, DC 20004 Fax: (914) 272-3242 Phone: (202) 739-3000 E-mail: wglew@entergy.com Fax: (202) 739-3001 E-mail: pbessette@morganlewis.com E-mail: rkuyler@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.
Dated at Washington, DC this 17th day of December 2014 4
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of: ) Docket No. 50-255-LA
)
ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Palisades Nuclear Plant) ) December 17, 2014
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of the foregoing Applicants Unopposed Motion for Extension of Time to File Answer to Petition to Intervene and Request for Hearing were served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding.
Signed (electronically) by Raphael P. Kuyler Raphael P. Kuyler Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5146 Fax: 202-739-3001 E-mail: rkuyler@morganlewis.com DB1/ 81575440