ML072400312

2007/08/28-LB Order (Ruling on Citizens Motion for an Extension of Time)

ML072400312
Person / Time
Site:	Oyster Creek
Issue date:	08/28/2007
From:	Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
06-844-01-LR, 50-0219-LR, RAS 14034
Download: ML072400312 (4)

Text

1 The six organizations are Nuclear Information and Resource Service, Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental

Federation.

2[Citizens] Motion to Cross-Examine Peter Tamburro and For an Extension of Time Regarding NRC's Errata at 2 (Aug. 24, 2007) [hereinafter Citizens Motion]. Citizens'

motion, in addition to requesting an extension of time, also requests permission for Citizens to

cross-examine Mr. Tamburro. The Board will issue its ruling on the latter request after it has

received responses from AmerGen and the NRC Staff. UNITED STATES OF AMERICA DOCKETED 08/28/07 NUCLEAR REGULATORY COMMISSION SERVED 08/28/07 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of AMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek Nuclear Generating Station)

Docket No. 50-0219-LR ASLBP No. 06-844-01-LR

August 28, 2007 ORDER (Ruling on Citizens Motion for an Extension of Time)

On August 24, 2007, Intervenors in the above-captioned proceeding (six organizations hereinafter referred to collectively as Citizens 1), submitted to the Licensing Board a Motion for an Extension of Time to file "motions and questions it may seek to admit, related to the NRC errata, which was filed after 5 pm on August 23, 2007."

2 Citizens request that the deadline to submit questions and motions relating to the NRC errata be extended until September 18.

According to Citizens' Motion, AmerGen does not object to the request for an extension of time, however, the NRC Staff would only agree to an extension until August 31 (Citizens Motion at 2 n.1). 3 Copies of this Order were sent this date by Internet e-mail to counsel for: (1)

AmerGen; (2) Citizens; (3) the NRC Staff; and (4) New Jersey.

Because the NRC Staff's errata consisted of a single change to one answer (see Letter from Mitzi Young to Administrative Judges (Aug. 23, 2007) (correcting a misstatement in Answer 28)), we agree with the Staff that the requested extension is excessive. Citizens' time to file any motions and questions regarding the NRC Staff's August 23 errata is extended until Wednesday, September 5, 2007. It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 3/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland

August 28, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONIn the Matter of )

)AMERGEN ENERGY COMPANY, LLC )Docket No. 50-219-LR

)

)(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (RULING ON CITIZENS MOTION FORAN EXTENSION OF TIME) 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

Washington, DC 20555-0001 Administrative Judge E. Roy Hawkens, Chair

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Paul B. Abramson

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Mitzi A. Young, Esq.

Mary C. Baty, Esq.

Office of the General Counsel

Mail Stop - O-15 D21

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Richard Webster, Esq.

Rutgers Environmental Law Clinic

123 Washington Street

Newark, NJ 07102-5695 Paul Gunter, Reactor Oversight Beyond Nuclear

Nuclear Policy Research Institute

6930 Carroll Avenue, Suite 400

Takoma Park, MD 20912 Donald J. Silverman, Esq.

Kathryn M. Sutton, Esq.

Alex S. Polonsky, Esq.

Morgan, Lewis & Bockius LLP

1111 Pennsyvlania Ave., NW

Washington, DC 20004 2 Docket No. 50-219-LR LB ORDER (RULING ON CITIZENS MOTION FOR AN

EXTENSION OF TIME)

Bradley M. Campbell, Commissioner New Jersey Department of

Environmental Protection

P.O. Box 402

Trenton, NJ 08625-0402 Jill Lipoti, Director New Jersey Department of

Environmental Protection

Division of Environmental Safety and Health

P.O. Box 424

Trenton, NJ 08625-0424 Ron Zak New Jersey Department of

Environmental Protection

Nuclear Engineering

P.O. Box 415

Trenton, NJ 08625-0415 J. Bradley Fewell, Esq.

Exelon Corporation

4300 Warrenville Road

Warrenville, IL 60555 Suzanne Leta NJPIRG 11 N. Willow St.

Trenton, NJ 08608 John A. Covino, Esq.

Ellen Barney Balint, Esq.

Valerie Anne Gray, Esq.

Caroline Stahl, Esq.

Deputy Attorneys General

New Jersey Office of the Attorney General

Environmental Permitting &

Counseling Section

Division of Law

Hughes Justice Complex

P.O. Box 093

Trenton, NJ 08625

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 28 th day of August 2007