ML11290A233

Order Granting NRDC an Ext. of 30 Days to File a Petition to Intervene Regarding License Renewal of Limerick, Units 1 and 2

ML11290A233
Person / Time
Site:	Limerick
Issue date:	10/17/2011
From:	Vietti-Cook A L NRC/SECY
To:	NRC/OCM
SECY RAS
References
License Renewal, RAS 21248, 50-352-LR, 50-353-LR
Download: ML11290A233 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of: )

)

EXELON GENERATION COMPANY, LLC ) Docket Nos. 50-352-LR ) 50-353-LR (Limerick Generating Station, Units 1 and 2) )

ORDER The Natural Resources Defense Council ("NRDC") seeks a 30-day extension of the deadline in which to request a hearing and file a petition for leave to intervene in the above-captioned proceeding.

1 Exelon Generation Company ("Exelon"), the Applicant, and the NRC Staff have both responded and do not oppose the NRDC request.

2 However, Exelon points out that the original filing deadline was October 24, 2011; thus, NRDC's new deadline will be November 22, 2011, which is the Tuesday before the Thanksgiving holiday. Therefore, Exelon requests an extension of five days (from 25 days to 30 days 3) in which to file its Answer to any petition filed by NRDC to account for the interruption caused by the Thanksgiving holiday. Exelon represents that NRDC does not object to this request. The NRC Staff joins Exelon's request for an additional five days in which to file an 1 See Letter from Geoffrey H. Fettus, Senior Project Attorney, Natural Resources Defense Council, to Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission (Sept. 22, 2011).

2 See Exelon's Answer to NRDC's Request for Extension of Time (Sept. 26, 2011);

NRC Staff's Response to NRDC's and Exelon's Requests for Ext ensions to File Petitions for Hearing and Answers to Petitions (Sept. 30, 2011).

3 See 10 C.F.R. § 2.309(h)(1).

Answer. I grant NRDC an extension of 30 days (until November 22, 2011) in which to file a request for hearing and petition to intervene in this proceeding. This extension is granted solely to NRDC and not to any other person or organization. I also grant both Exelon and the NRC Staff an extension of five days for a total of 30 days in which to file their Answers to any petition for leave and request for hearing in this proceeding. The Staff further requests that the Commission treat any petitions to intervene in the proceeding that are filed before November 22, 2011 as filed on November 22, 2011 for purposes of calculating the time by which the Staff must file an Answer to those petitions.

However, this request is premature. Should any persons other than NRDC file a request for hearing and petition to intervene in this proceeding on or before the regular due date of October 24, 2011, the Staff may renew its request at that time.

This Order is issued pursuant to my authority under 10 C.F.R. §§ 2.346(a) and (b). IT IS SO ORDERED.

For the Commission

[NRC SEAL] /RA/

_____________________

Annette L. Vietti-Cook Secretary of the Commission

Dated at Rockville, Maryland this 17 th day of October, 2011.

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

)

Exelon Generation Company, LLC ) Docket Nos. 50-352-LR and 50-353-LR (Limerick Generating Station, Units 1 and 2) )

) (License Renewal) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop T-3F23 Washington, DC 20555-0001 E. Roy Hawkens, Chief Judge

roy.hawkens@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001

Hearing Docket: hearingdocket@nrc.gov

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-16C1 Washington, DC 20555-0001 OCAA Mail Center:

ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Catherine Kanatas, Esq.

Maxwell Smith, Esq. Mary Spencer, Esq. Edward Williamson, Esq.

Lauren Woodall, Esq.

Brian Newell, Paralegal catherine.kanatas@nrc.gov maxwell.smith@nrc.gov mary.spencer@nrc.gov edward.williamson@nrc.gov lauren.woodall@nrc.gov brian.newell@nrc.gov OGC Mail Center:

OGCMailCenter@nrc.gov

. Limerick Generating Station, Units 1 and 2, Docket Nos. 50-362-LR and 50-363-LR ORDER OF THE SECRETARY 2 Exelon Generation Company, LLC

Exelon Business Services Company

200 Exelon Way, Suite 305

Kennett Square, PA 19348 Donald Ferraro, Asst. General Counsel donald.ferraro@exeloncorp.com

Exelon Generation Company, LLC

4300 Warrenville Road Warrenville, IL 60555 J. Bradley Fewell, Dep. General Counsel

bradley.fewell@exeloncorp.com Morgan, Lewis & Bockius, LLP

1111 Pennsylvania Avenue, N.W.

Washington, DC 20004

Alex Polonsky, Esq. Kathryn Sutton, Esq. Edwin Villarico, Sr. Paralegal

apolonsky@morganlewis.com ksutton@morganlewis.com evillarico@morganlewis.com Morgan, Lewis & Bockius, LLP

1701 Market Street Philadelphia, PA 19103-2921 Brooke Leach, Esq.

bleach@morganlewis.com Natural Resources Defense Council (NRDC)

1152 - 15 th Street, N.W., #300 Washington, DC 20005 Geoffrey H. Fettus, Sr. Project Attorney gfettus@nrdc.org

[Original signed by Christine Pierpoint] Office of the Secretary of the Commission

Dated at Rockville, Maryland This 17 th day of October, 2011