ML073530892
| ML073530892 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 12/10/2007 |
| From: | Webster R Grandmothers, Mothers & More for Energy Safety, Jersey Shore Nuclear Watch, New Jersey Environmental Federation, New Jersey Public Interest Research Group (NJPIRG), Nuclear Information & Resource Service (NIRS), Rutgers Environmental Law Clinic, Sierra Club, New Jersey Chapter |
| To: | Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-0219-LR, RAS 14791 | |
| Download: ML073530892 (7) | |
Text
12A5 ItI7 n t7 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION December 11, 2007 (7:37am))
OFFICE OF THE SECRETARY OFFICE OF SECRETARY RULEMAKINGS AND ATOMIC SAFETY AND LICENSING BOARD ADJUDICATIONS STAFF Before Administrative Judges:
E. Roy Hawkens, Chair Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of )
) Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC )
)
(License Renewal for the Oyster Creek ) December 10, 2007 Nuclear Generating Station) )
)
CITIZENS' MOTION FOR AN EXTENSION OF TIME TO FILE ANY APPEAL This motion is filed on behalf of 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 (collectively "Citizens"). On November 19, 2007, the clerk to the Atomic Safety and Licensing Board (the "Board") advised the parties that the Board anticipated a decision by December 20, 2007. Without an extension, Citizens would face great difficulties preparing any appeal if the Board makes its decision within the anticipated time-frame. Citizens' lead counsel, Mr. Richard Webster, is going out of the country early on December 22, 2007 to spend the holiday period.
with relatives in the United Kingdom and will not return until late on December 30, 2007.
Citizens therefore request that the Board grant them an extension of time to file any appeal by not counting the days when Mr. Webster is away towards the minimum of 15 days allotted by
- f - lnape -- C,0,'/
- 10. C.F.R. § 2.341(b). 1 For example, if the Board decides this matter on December 20, 2007 and serves Citizens the next day, Citizens request until January 14, 2008 to file any appeal.
The Part 2 rules grant the Board discretion to grant extensions of time limits for "good caufe." 10 C.F.R. § 2.307(a). The unavailability of Mr. Webster for the 9 days from December 22, 2007 to December 30, 2007 could effectively deprive Citizens of 9 out of the minimum 15 days allowed to file an appeal if the Board decided the proceeding between today and December 24th. The minimum appeal period of 15 days is already very short given the length and complexity of this hearing. Even if Citzens have the minimum of 15 days that the rules allow, the time period will be challenging because the bulk of the work on this case has been done by Mr. Webster and the law clinic has limited capacity to provide other attorneys to work on this matter. Furthermore, the Board could reasonably anticipate that a decision so close to the holiday week would raise such issues and the Board has correctly taken account of the personal constraints of the attorneys working on this matter in scheduling the response to the motion for summary disposition2 and in scheduling the hearing.3 As before, Mr. Webster's absence provides good cause for the Board to grant Citizens an extension of time.
Citizens contacted both AmerGen and NRC Staff about this motion on the morning of December 10, 2007.
Citizens received enquiries about this from both AmerGen and NRC Staff and responded promptly, but neither took a definitive position by close of business. NRC Staff stated that they will "respond in writing" to this Motion, while AmerGen did not provide any further response.
2 Board Memorandum and Order, dated April 5, 2007 Board Memorandum and Order, dated April 17, 2007 at 8-9.
2
CONCLUSION For the foregoing reasons, the Board should extend Citizens' time to file an appeal from its final decision so that Citizens have at least 15 days during which Mr. Webster is in the country to file any appeal. In the alternative, the Board could delay its decision until after December 30, 2007.
Respectfully submitted, Richard Webster, Esq RUTGERS ENVIRONMENTAL LAW CLINIC Attorneys for Citizens Dated: December 10, 2007 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges E. Roy Hawkens Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of )
) Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC )
) ASLB No. 06-844-01-LR (License Renewal for the Oyster Creek )
Nuclear Generating Station) ) December 10, 2007
)
CERTIFICATE OF SERVICE I, Richard Webster, of full age, certify as follows:
I hereby certify that on December 10, 2007, I caused Citizens' Motion To For an Extension of Time to Appeal to be served via email and U.S. Postal Service (as indicated) on the following:
Secretary of the Commission (Email and original and 2 copies via U.S Postal Service)
United States Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemaking and Adjudications Staff E-mail: HEARINGDOCKET@NRC.GOV Administrative Judge E. Roy Hawkens, Chair (EmaiI and U.S. Postal Service)
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: erhginrc.gov Administrative Judge Dr. Paul B. Abramson (Email and U.S. Postal Service)
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-0001
.1
E-mail: pbagnrc.gov Administrative Judge Dr. Anthony J. Baratta (Email and U.S. Postal Service)
Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-,0001 E-mail: ajb5@nrc.gov Law Clerk Emily Krause (Email and U.S. Postal Service)
Atomic Safety & Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: EIK1(aNRC.qov Office of General Counsel (Email and U.S. Postal Service)
United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OGCMAILCENTER@NRC.GOV Mary C. Baty (Email and U.S. Postal Service)
U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: 0-15 D21 Washington, DC 20555-0001 E-mail: mcbI @,nrc.gov (1
Alex S. Polonsky, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: apolonskygmorganlewis.com Kathryn M. Sutton, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksuttongmorganlewis.com Donald Silverman, Esq. (Email and U.S. Postal Service)
Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: dsilvermanemorganlewis.com 2
J. Bradley Fewell (Email and U.S. Postal Service)
Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 E-mail: bradley.fewellgexceloncorp.com John Covino, DAG (Email and U.S. Postal Service)
State of New Jersey Department of Law and Public Safety Office of the Attorney General Hughes Justice Complex 25 West Market Street P.O. Box 093 Trenton, NJ 08625 E-mail: jolm.corvino(dol.lps.state.ni.us Valerie Gray (Email)
State of New Jersey Department of Law and Public Safety Office of the Attorney General Hughes Justice Complex 25 West Market Street P.O. Box 093 Trenton, NJ 08625 E-mail: valerie. gray@dol. lps.state.nj .us.
Paul Gunter (Email and U.S. Postal Service) c/o Nuclear Information and Resource Service 6930 Carroll Ave., Suite 340 Takoma Park, MD 20912-4446 E-mail: paulgbeyondnuclear.org Edith Gbur (Email)
Jersey Shore Nuclear Watch, Inc.
364 Costa Mesa Drive. Toms River, New Jersey 08757 E-mail: gburlgcomcast.net Paula Gotsch (Email)
GRAMMIES 205 6 th Avenue Normandy Beach, New Jersey 08723 E-mail: paulagotsch@Verizon.net Jeff Tittel (Email)
New Jersey Sierra Club 139 West Hanover Street Trenton New Jersey 08618 E-mail: Jeff.Tittel)sierraclub. ori 3
¥ Peggy Sturmfels (Email)
New Jersey Environmental Federation 1002 Ocean Avenue Belmar, New Jersey 07319 E-mail: nsturnifels(Rcleanwater.ora Michele Donato, Esq. (Email)
PO Box 145 Lavalette, NJ 08735 E-mail: mdonato@micheledonatoesq.com Signed:
Richard Webster Dated: December 10, 2007 4