ML093100145

Letter from Alex Polonsky, Counsel for PSEG Nuclear in Response to Nov. 2, 2009 Request for Extension of Time to File by Delaware Riverkeeper and the New Jersey Environmental Federation

ML093100145
Person / Time
Site:	Salem, Hope Creek
Issue date:	11/04/2009
From:	Polonsky A Morgan, Morgan, Lewis & Bockius, LLP
To:	Annette Vietti-Cook NRC/SECY
SECY RAS
Shared Package
ML093100144	List: ML093100137 ML093100145 ML093100152 ML093100153 ML093100155
References
50-272-LR, 50-311-LR, 50-354-LR, RAS 16644, RAS MM-03, RAS MM-3, FOIA/PA-2011-0113
Download: ML093100145 (2)

Text

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Tel. 202.739.3000 Fax: 202.739.3001 www.morganlewis.com Alex S. Polonsky Partner 202.739.5830 apolonsky@morganlewis.com November 4, 2009 Ms. Annette Vietti-Cook Secretary Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ATTENTION: Rulemaking and Adjudications Staff Re: Requests for Extension of Time in PSEG Nuclear LLC (Hope Creek Generating Station, Unit 1, License Renewal, Docket No. 50-354-LR; Salem Nuclear Generating Station, Units 1 and 2, License Renewal, Docket Nos. 50-272-LR and 50-311-LR) _

Dear Ms. Vietti-Cook:

On November 2, 2009, Delaware Riverkeeper and the New Jersey Environmental Federation (the movants) sent two separate, but substantially identical, letters to Chairman Jaczko requesting 60-day extensions of time in which to file requests for hearing and petitions for leave to intervene in the above-referenced proceedings (the Extension Requests). This letter provides the views of the applicant, PSEG Nuclear LLC (PSEG) in response to the Extension Requests.

For the reasons set forth below, PSEG would not oppose the Secretarys issuance of an order granting a fourteen-day extension of time.

The Extension Requests are subject to denial because movants did not consult with PSEG prior to filing their Extension Requests, and did not even provide a copy of their Requests to PSEG.

Specifically, neither Request certifies that its authors made a sincere effort to contact the other parties and resolve the issues raised in the Extension Requests, as required by 10 C.F.R.

§ 2.323(b).1 Also, neither Request was transmitted via the NRCs Electronic Information 1

Cf. Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2), Unpublished Order (June 24, 2009)

(granting an unopposed motion for a fourteen day extension for an initial request for hearing).

DB1/63901984

Ms. Annette Vietti-Cook November 4, 2009 Page 2 Exchange in accordance with the NRCs E-Filing rules or the Notices of Hearing,2 or in any other way provided to PSEG. Instead, the NRC forwarded copies of the letters to counsel for PSEG via e-mail on November 3, 2009. The Extension Requests are therefore subject to rejection in their entirety.3 In addition, the duration of the extensions sought is inordinately lengthy. PSEG submitted the above-referenced Applications on August 18, 2009, and the NRC provided public notice that both of the applications were available for inspection on September 8, 2009.4 The movants, therefore, would have nearly four months to prepare their Request for Hearing before the existing December 22 deadline. This is sufficient time to review a license renewal application, even if it is for more than one unit. Granting the requested extension in full would provide the movants with nearly six months to review the Applications and prepare any Requests for Hearing.

Nevertheless, PSEG would not oppose the Secretarys issuance of an order granting, under 10 C.F.R. § 2.346(b), a fourteen-day extension of time for the submission of requests for hearing and petitions to intervene, until Tuesday, January 5, 2010.

Finally, both Extension Requests refer to the UNPLUG Salem Campaign, as a network of organizations that intends to request a hearing. To the extent that the Extension Requests seek to extend the deadline for other, unidentified organizations, PSEG cannot agree to any such relief, nor should the Commission. Accordingly, PSEG respectfully requests that any order granting an extension of time be limited to the movants.

2 See Nuclear Regulatory Commission, Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR-70 and DPR-75 for an Additional 20-Year Period; PSEG Nuclear LLC, Salem Nuclear Generating Station, Units 1 and 2, 74 Fed.

Reg. 54,854, 54855-56 (Oct. 23, 2009); Nuclear Regulatory Commission, Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. NPF-57 for an Additional 20-Year Period; PSEG Nuclear LLC, Hope Creek Generating Station, Unit 1, 74 Fed. Reg. 54,856, 54,858 (Oct. 23, 2009) (the Notices of Hearing).

3 Cf. Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-08-29, 68 NRC __

(slip op. at 4 n.12) (Dec. 9, 2008) (rejecting a motion for failure to comply with the certification requirements of 10 C.F.R. § 2.323(b)).

4 Nuclear Regulatory Commission, PSEG Nuclear LLC; Notice of Receipt and Availability of Application for Renewal of Hope Creek Generating Station for an Additional 20-Year Period, 74 Fed. Reg. 46,238 (Sept. 8, 2009); Nuclear Regulatory Commission, PSEG Nuclear LLC; Notice of Receipt and Availability of Application for Renewal of Salem Nuclear Generating Station, Units 1 and 2 Facility Operating Licenses Nos.

DPR-70 and DPR-75 for an Additional 20-Year Period, 74 Fed. Reg. 46,238 (Sept. 8, 2009).

Ms. Annette Vietti-Cook November 4, 2009 Page 3 Thank you for your attention to this matter.

Sincerely, Signed (electronically) by Alex S. Polonsky Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq.

Raphael P. Kuyler, Esq.

Morgan, Lewis & Bockius LLP E-mail: ksutton@morganlewis.com E-mail: apolonsky@morganlewis.com E-mail: rkuyler@morganlewis.com Vincent C. Zabielski, Esq.

Associate General Counsel - Nuclear PSEG Services Corporation P.O. Box 236, N21 Hancocks Bridge, NJ 08038 Phone: (856) 339-1090 E-mail: vincent.zabielski@pseg.com Counsel for PSEG cc: Service List

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

)

In the Matter of )

) Docket Nos. 50-272-LR & 50-311-LR PSEG NUCLEAR LLC )

(Salem Nuclear Generating Station, ) November 4, 2009 Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that, on this date copies of the foregoing letter from Counsel for PSEG Nuclear LLC to the Secretary were filed with the Electronic Information Exchange in the above-captioned proceeding on the following recipients. The same letter was also served via e-mail on those persons listed below with an asterisk, because they have not yet registered with the EIE for this docket.

NRC Office of the Secretary Edward Williamson U.S. Nuclear Regulatory Commission Mary Baty Mail Stop: O-16G4 Brian Harris Washington, DC 20555-0001 Christine Jochim Boote E-mail: hearingdocket@nrc.gov Circe Martin Brian Newell NRC Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 E-mail: elw2@nrc.gov mary.baty@nrc.gov brian.harris@nrc.gov caj3@nrc.gov bpn1@nrc.gov ogcmailcenter@nrc.gov DB1/63901984

NRC Office of Appellate Commission Administrative Judge E. Roy Hawkens Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Mail Stop T-3 F23 Washington, DC 205555-0001 Washington, DC 205555-0001 E-mail: ocaamail@nrc.gov E-mail: erh@nrc.gov Maya K. van Rossum

• Jane Nogaki

• Delaware Riverkeeper Network New Jersey Environmental Federation 300 Pond St., Second Floor 223 Park Avenue Bristol, PA 19007 Marlton, NJ 08053 E-mail: drkn@delawareriverkeeper.org E-mail: janogaki@comcast.net fred@delawareriverkeeper.org Signed (electronically) by Alex S. Polonsky Alex S. Polonsky Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: 202-739-5830 Fax: 202-739-3001 E-mail: apolonsky@morganlewis.com Counsel for PSEG Dated in Washington, D.C.

this 4th day of November 2009 4