ML112061201

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

ML112061201
Person / Time
Site:	Indian Point
Issue date:	07/25/2011
From:	Lawrence Mcdade 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 Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) July 25, 2011 ORDER (Regarding Implementation of E-Filing Procedures)

The NRC has prescribed use of the agencys 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 NRCs 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 NRCs 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 NRCs 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 agencys E-Filing website.7 It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD8

/RA/

___________________________

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 NRCs 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 agencys E-Filing system, they should contact the NRCs 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) Counsel 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 U.S. Nuclear Regulatory Commission Mail Stop O-7H4M Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket U.S. Nuclear Regulatory Commission Sherwin E. Turk, Esq.

Atomic Safety and Licensing Board Panel Beth N. Mizuno, Esq.

Mail Stop T-3F23 David E. Roth, Esq.

Washington, DC 20555-0001 Brian Harris, Esq.

Andrea Z. Jones, Esq.

Lawrence G. McDade, Chair Karl Farrar, Esq.

Administrative Judge Brian Newell, Paralegal U.S. Nuclear Regulatory Commission Richard E. Wardwell Office of the General Counsel Administrative Judge Mail Stop O-15D21 Washington, DC 20555-0001 Kaye D. Lathrop Administrative Judge OGC Mail Center 190 Cedar Lane E.

Ridgway, CO 81432 Joshua A. Kirstein, Law Clerk

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

William C. Dennis, Esq. Thomas F. Wood, Esq.

Assistant General Counsel Daniel Riesel, Esq.

Entergy Nuclear Operations, Inc. Victoria Shiah, Esq.

440 Hamilton Avenue Counsel for Town of Cortlandt White Plains, NY 10601 Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 Elise N. Zoli, Esq. Philip Musegaas, Esq.

Goodwin Proctor, LLP Deborah Brancato, Esq.

Exchange Place Riverkeeper, Inc.

53 State Street 20 Secor Road Boston, MA 02109 Ossining, NY 10562 Kathryn M. Sutton, Esq. Melissa-Jean Rotini, Esq.

Paul M. Bessette, Esq. Assistant County Attorney Martin J. ONeill, Esq. Office of Robert F. Meehan, Counsel for Entergy Nuclear Operation, Inc. Westchester County Attorney Morgan, Lewis & Bockius, LLP 148 Martine Avenue, 6th Floor 1111 Pennsylvania Avenue, NW White Plains, NY 10601 Washington, DC 20004 Michael J. Delaney, Esq. Manna Jo Greene, Environmental Director Director, Energy Regulatory Affairs Steven C. Filler NYC Department of Environmental Protection Hudson River Sloop Clearwater, Inc.

59-17 Junction Boulevard 724 Wolcott Ave.

Flushing, NY 11373 Beacon, NY 12508 2

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

Joan Leary Matthews, Esq. Robert D. Snook, Esq.

Senior Attorney for Special Projects Assistant Attorney General New York State Department Office of the Attorney General of Environmental Conservation State of Connecticut 625 Broadway, 14th Floor 55 Elm Street Albany, New York 12233-5500 P.O. Box 120 Hartford, CT 06141-0120 John Louis Parker, Esq. Sean Murray, Mayor Office of General Counsel, Region 3 Kevin Hay, Village Administrator New York State Department Village of Buchanan of Environmental Conservation Municipal Building 21 South Putt Corners Road 236 Tate Avenue New Paltz, NY 12561-1620 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, 26th Floor New York, New York 10271

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of July 2011 3