ML112061201

2011/07/25-LB Order (Regarding Implementation of E-Filing Procedures)

ML112061201
Person / Time
Site:	Indian Point
Issue date:	07/25/2011
From:	McDade L G Atomic Safety and Licensing Board Panel
To:
SECY/RAS
References
07-858-03-LR-BD01
Download: ML112061201 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01

July 25, 2011 ORDER (Regarding Implementation of E-Filing Procedures) The NRC has prescribed use of the agency's electronic filing (E-Filing) system, the Electronic Information Exchange (EIE), for filings in all proceedings noticed after October 15, 2007. However, "[f]or any proceeding noticed before that . . . date, filings may be submitted via the E-Filing system, but only . . . upon agreement of all participants and the presiding officer."

1 This proceeding was originally noticed on July 25, 2007, before the E-Filing rule took effect, and therefore commenced unencumbered by the NRC's E-Filing procedures.

2 1 Use of Electronic Submissions in Agency Hearings, 72 Fed. Reg. 49,139, 49,139, 49,144 (Aug. 28, 2007).

2 See Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR-26 and DPR-64 for an Additional 20-Year Period, 72 Fed. Reg. 42,134, 42,134-35 (Aug. 1, 2007) (outlining procedures for submission of hearing requests). On September 25, 2007, the original deadline for submission of hearing requests was extended to November 30, 2007, and that second notice was also made before application of the E-Filing procedures. See Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR-26 and DPR-64 for an Additional 20-Year Period: Extension of Time for Filing of Requests for Hearing or Petitions for Leave To Intervene in the License Renewal Proceeding, 72 Fed. Reg. 55,834, 55,834 (Oct. 1, 2007).

On February 19, 2009, we declined to transfer this proceeding to the EIE because not all participants to this proceeding assented to such a transfer, but we held open the possibility of revisiting this issue in the future.

3 At a teleconference with participants in this proceeding convened on June 6, 2011, among other things, we instructed the NRC Staff to report the participants' views on converting this proceeding from a "non-EIE" proceeding to an "EIE" proceeding.

4 In letters dated June 30, 2011, and July 1, 2011, the NRC Staff responded that all parties either favored or did not oppose converting this proceeding to an EIE proceeding.

5 The Staff also noted that if E-filing procedures are adopted, [T]he parties suggest that conversion to the electronic filing procedures occur on September 1, 2011, to allow time for the parties to obtain the necessary digital IDs and to acclimate themselves to the new procedures. In addition, if possible, the parties would like to begin using the electronic procedures on a trial basis during the months of July and August, along with the current filing and service procedures, to allow them to gain experience with the new procedures before those procedures go into effect.

6 Our law clerk, Mr. Joshua Kirstein, Esq., communicated to the participants that the Board was not favorably disposed to the adoption of the NRC's E-Filing procedures on a "trial basis," and thus requested that any participants wishing to withdraw their support for adoption of the E-Filing procedures notify the Board and all other participants no later than July 22, 2011.

Because no participant has withdrawn its support expressed to the NRC Staff, we adopt the E-Filing procedures to govern all submissions filed on or after September 1, 2011 in this proceeding. All filings submitted on or after September 1, 2011, shall be pursuant to the E-3 Licensing Board Order (Declining to Transfer the Proceeding to the NRC's Electronic Filing System) (Feb. 19, 2009) at 2 (unpublished).

4 Tr. at 974.

5 Letter from Sherwin E. Turk, Counsel for NRC Staff, to Atomic Safety and Licensing Board at 1 (July 1, 2011); Letter from Sherwin E. Turk, Counsel for NRC Staff, to Atomic Safety and Licensing Board at 1-2 (June 30, 2011) [hereinafter June 30, 2011 NRC Staff Letter].

6 June 30, 2011 NRC Staff Letter at 2. Filing procedures in 10 C.F.R. §§ 2.302, 2.304, 2.305, and 2.306. Participants shall also follow the directions for obtaining digital certificates and submitting e-filings on the agency's E-Filing website.7 It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 8

___________________________

Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE

Rockville, Maryland

July 25, 2011

7 See Electronic Submittals, http://www.nrc.gov/site-help/e-submittals.html. Participants should contact the NRC's Office of the Secretary to obtain a digital certificate in advance of September 1, 2011 (by e-mail at hearing.docket@nrc.gov or by telephone at (301) 415-1677). If participants require assistance in navigating the agency's E-Filing system, they should contact the NRC's MetaSystem Help Desk (accessible through the "Contact Us" link located on E-Filing website, by e-mail at mshd.resource@nrc.gov, or by telephone at (866) 672-7640).

8 Copies of this Memorandum and Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Co unsel for the State of New York; (4) Counsel for Riverkeeper, Inc.; (5) Manna Jo Green, the Representative for Clearwater; (6) Counsel for the State of Connecticut; (7) Counsel for Westchester County; (8) Counsel for the Town of Cortlandt; (9) Mayor Sean Murray, the Representative for the Village of Buchanan; and (10) Michael J. Delaney, counsel for the City of New York.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR

) and 50-286-LR

)

(Indian Point Nuclear Generating Station, ) Units 2 and 3) )

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing ORDER (Regarding Implementation of E-Filing Procedures) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication

Mail Stop O-7H4M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001

Hearing Docket U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001

Lawrence G. McDade, Chair Administrative Judge

Richard E. Wardwell

Administrative Judge

Kaye D. Lathrop Administrative Judge 190 Cedar Lane E.

Ridgway, CO 81432

Joshua A. Kirstein, Law Clerk Sherwin E. Turk, Esq.

Beth N. Mizuno, Esq. David E. Roth, Esq.

Brian Harris, Esq.

Andrea Z. Jones, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal U.S. Nuclear Regulatory Commission Office of the General Counsel

Mail Stop O-15D21 Washington, DC 20555-0001 OGC Mail Center

Docket Nos. 50-247-LR and 50-286-LR ORDER (Regarding Implementation of E-Filing Procedures)

2 William C. Dennis, Esq. Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue

White Plains, NY 10601

Thomas F. Wood, Esq. Daniel Riesel, Esq.

Victoria Shiah, Esq.

Counsel for Town of Cortlandt Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022

Elise N. Zoli, Esq.

Goodwin Proctor, LLP Exchange Place 53 State Street Boston, MA 02109 Philip Musegaas, Esq.

Deborah Brancato, Esq. Riverkeeper, Inc.

20 Secor Road

Ossining, NY 10562 Kathryn M. Sutton, Esq. Paul M. Bessette, Esq. Martin J. O'Neill, Esq.

Counsel for Entergy Nuclear Operation, Inc.

Morgan, Lewis & Bockius, LLP

1111 Pennsylvania Avenue, NW Washington, DC 20004

Melissa-Jean Rotini, Esq. Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney

148 Martine Avenue, 6 th Floor White Plains, NY 10601 Michael J. Delaney, Esq.

Director, Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373

Manna Jo Greene, Environmental Director Steven C. Filler

Hudson River Sloop Clearwater, Inc. 724 Wolcott Ave.

Beacon, NY 12508

Docket Nos. 50-247-LR and 50-286-LR ORDER (Regarding Implementation of E-Filing Procedures)

3 Joan Leary Matthews, Esq. Senior Attorney for Special Projects New York State Department

of Environmental Conservation

625 Broadway, 14 th Floor Albany, New York 12233-5500 Robert D. Snook, Esq. Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120

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

Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building

236 Tate Avenue

Buchanan, NY 10511-1298

John J. Sipos, Esq. Charles Donaldson, Esq.

Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224

Janice A. Dean, Esq. Assistant Attorney General Office of the Attorney General of the State of New York

120 Broadway, 26 th Floor New York, New York 10271

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission

Dated at Rockville, Maryland

this 25 th day of July 2011