ML073440519
| ML073440519 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/06/2007 |
| From: | Indelicato C Westchester County, NY |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247/286-LR, ASLBP 07-858-03-LR-BD01, RAS 14757 | |
| Download: ML073440519 (11) | |
Text
'RVft t 4+75e7 DOCKETED USNRC December 7, 2007 (12:07pm)OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL------------------
In re: License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BDO1 DPR-26, DPR-64 x WESTCHESTER COUNTY'S NOTICE OF INTENTION TO PARTICIPATE AND PETITION TO INTERVENE Filed on December 7, 2007 CHARLENE M. INDELICATO Westchester County Attorney 148 Martine Avenue, 6'h Floor White Plains, New York 10601 (914) 995-2660 em Ec V-037 5e cy, 6a PRELIMINARY STATEMENT Westchester County respectfully submits this Notice of Intention to Participate and Petition to Intervene.'
Westchester County jointly sponsors and adopts all the contentions filed by New York State in its Petition to Intervene.
2 NOTICE OF INTENT TO PARTICIPATE Pursuant to 10 C.F.R. § 2.309 and the Notice of Consideration of Issuance 6f a Renewed License for Operating (72 Fed.Reg. 42134 [Aug.1, 2007]; 72 Fed.Reg. 55834 [Oct. 1, 2007] (for an additional twenty (20) years) and Opportunity for a Hearing (Notice), Petitioner Westchester County hereby respectfully submits this Notice of Intention to Participate and Petition to Intervene
("Petition")
in this proceeding regarding Entergy's application for renewal of its license to operate the Indian Point 2 ("IP 2") and Indian Point 3 ("IP 3") nuclear power plants for an additional twenty (20) years, or until 2033 and 2035, respectively.
3 Westchester County supports and joins in New York State's request for, and entitlement to, a full adjudicatory hearing with all the rights of discovery and cross-examination provided by 10 C.F.R. Subpart G.WESTCHESTER COUNTY'S STANDING IP2 and IP3 are located within the boundaries of Westchester County. 10 C.F.R. §2.309(d)(2)(i) provides that any "local government body ... that wishes to be a party in a Pursuant to an Order issued on November 28, 2007, the time for filing this Petition to Intervene was extended to December 10, 2007.2 On November 30, 2007, Westchester County Executive Andrew J. Spano sent a letter to Nuclear Regulatory Commission Chairman Klein also indicating Westchester County's support for, and adoption of, New York State's contentions, attached hereto as Exhibit A.3 This Petition also applies to Indian Point 1 ("IP1") to the extent its components are still in use for the operation of IP 2 and IP3.I proceeding for a facility located within its boundaries need not address the standing requirements under this paragraph." 10 C.F.R. § 2.309(d)(2)(ii) further provides that "[i]n determining the request/petition of a ... local governmental body .... for a facility located within its boundaries, the .... Board .... shall not require a further demonstration of standing." Thus, Westchester is deemed to have standing for the purposes of this proceeding and no further showing is required on that issue.WESTCHESTER COUNTY'S SINGLE REPRESENTATIVE Pursuant to 10 C.F.R. §§ 2.309(d)(2)(i) and 2.309(f)(3), Westchester County designates the following single representative for this hearing: CHARLENE M. INDELICATO Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, New York 10601 Attn: Justin D Pruyne, Assistant County Attorney, of Counsel (914) 995-5102 phone (914) 995-3132 facsimile jdp3@westchestergov.com WESTCHESTER COUNTY'S CONTENTIONS Pursuant to 10 C.F.R. § 2.309(f)(3), Westchester County hereby co-sponsors and/or adopts the thirty-two (32) contentions submitted by New York State in its November 30, 2007 filing. As required by 10 C.F.R. § 2.3 09(f)(3), Westchester agrees that New York State, as the original sponsor of these contentions, shall have authority to act for, and shall act for, Westchester County with respect to these contentions.
The contentions submitted by New York State, and co-sponsored and or/adopted by Westchester County, are fully admissible pursuant to 10 C.F.R. § 2.309(f)(1) for all the reasons stated in New York State's Petition.2 WESTCHESTER COUNTY'S RESERVATION OF ALL RIGHTS If the Board denies Westchester County's instant Petition, Westchester County hereby reserves any and all right(s) to participate at a future time in any and all hearing(s) that may be granted on any contention(s) as an interested local governmental body pursuant to 10 C.F.R. §2.315(c), to make a limited appearance pursuant to 10 C.F.R. § 2.315(a) and/or to submit amicus curiae brief(s) pursuant to 10 C.F.R. § 2.315(d).CONCLUSION For all these reasons, Westchester County respectfully requests that the Board grant its petition for a hearing and to intervene.
Westchester County further requests that the contentions presented by New York State, and co-sponsored or adopted by Westchester County, be accepted.DATED: White Plains, New York Respectfully submitted, December 6, 2007 CHARLENE M. INDELICATO Westchester County Attorney 3 1%*TT-er rom Andrew J. Spano County Executive December 3, 2007 Chairman Dale Klein U.S. Nuclear Regulatory Commission Washington, DC 20555-000 1
Dear Chairman Klein:
On behalf of Westchester County, as the County Executive, I respectfully submit this letter supporting and adopting the contentions filed on November 30, 2007 by Attorney General Andrew M. Cuomo of New York opposing the relicensing the Indian Point nuclear power plants.Respectfully submitted, AJS/STT Office of the County Executive Michaelian Office Building White Plains, New York 10601 Telephone:
(914)995-2900 E-mail: ceo@westchestergov.com EXHIBIT "A' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL--------------------------
x In re: License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BDO1 DPR-26, DPR-64------------------------------------------------------------
x NOTICE OF APPEARANCE PLEASE TAKE NOTICE that Petitioner-Intervenor Westchester County hereby appears by the undersigned, whose address and telephone number are as set forth below.Dated: White Plains, New York December 7, 2007 CHARLENE M. INDELICATO Westchester County Attorney 148 Martine Avenue, 6 th Floor White Plains, New York 10601.A istant County Attornm o unsel (914) 995-3132 facsimile jdp3@westchestergov.com UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL------------------------------------------
x In re: Docket Nos. 50-247-LR and 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BDO1 Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and DPR-26, DPR-64 Entergy Nuclear Operations, Inc.-------------------------
x CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.302(b) and §§ 2.305(b) and (f), I hereby certify that copies of the foregoing Notice of Appearance and Notice of Intention to Participate and Petition to Intervene have been served upon the following parties by the following means: Honorable Dale E. Klein, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail and electronic mail to chairman@nrc.gov]
Honorable Lawrence G. McDade, Chairman Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail and electronic mail to lgml@nrc.gov]
Sherwin E. Turk, Esq.Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail, electronic mail to ogcmailcenter@nrc.gov, set@nrc.gov, lbs3@nrc.gov, bnml@nrc.gov, and facsimile to (301) 415-3725]1 Office of the Secretary Sixteenth Floor One White Flint North 11555 Rockville Pike Rockville, Maryland 10852 Attention:
Rulemaking and Adjudications Staff[By overnight courier and first class mail]Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention:
Rulemaking and Adjudications Staff[By overnight courier, first class mail, electronic mail to hearingdocket@nrc.gov and facsimile to (301) 415-1101]Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail and electronic mail to ocaamail@nrc.gov]
Richard E. Wardwell, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail and electronic mail to rew@nrc.gov]
Kaye D. Lathrop, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop -T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
[By overnight courier, first class mail and electronic mail to kdl2@nrc.gov]
William C. Dennis, Esq.Assistant General Counsel Entergy Nuclear Operations, Inc.440 Hamilton Avenue White Plains, New York 10601[By overnight courier and first class mail]2 Hon. Andrew M. Cuomo Attorney General of the State of New York The Capitol Albany, New York 12224-0341 Attn: John J. Sipos, Esq.Assistant Attorney General[By overnight courier, first class mail and electronic mail to John.Siposoag.state.
ny. us]New York State Department of Environmental Conservation Office of General Counsel 625 Broadway Albany, New York 12224 Attn: Joan Leary Matthews, Esq.Senior Counsel for Special Projects[By overnight courier, first class mail and electronic mail tojlmathe@gw.state.
ny. us]Susan H. Shapiro, Esq.21 Perlman Drive Spring Valley, New York 10977[By overnight courier, first class mail and electronic mail tofuseusa@yahoo.com]
Michael J. Delaney, Esq.Vice President
-Energy Department New York City Economic Development Corporation 110 William Street New York, New York 10038[By overnight courier, first class mail and electronic mail to mdelaney@nycedc.com]
Chairman Arthur J. Kremer The New York Affordable Reliable Electricity Alliance 347 Fifth Avenue, Suite 508 New York, New York 10016[By overnight courier, first class mail and electronic mail to kremer@area-alliance.org]
3 Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, D.C. 20004[By overnight courier, and electronic mail to mnartin.o
'neill@morganlewis.com; ksutton@morganlewis.com; pbessette@morganlewis.com; mlemoncelli@morganlewis.com; cadams@morganlewis.
corn]By. T/tin D. PraYne s(ý>tant County Atto4 :;Counsel Office of the Westchester County Attorney Dated at White Plains, New York this 7 th day of December, 2007 4 NOTi CE. OF ENT'I'f RY.Sir. Please take notice that the within is 'a,(crtified) true copy of a duly entered in the office of the clerk of the within named C01171 017 Dated, Yours, etc.CHARLENE M. INDELICATO C'ounty Attorney Attorney for County of Westchester MICHAELIAN OFFICE BUILDING 148 MARTINE AVENUE WHITE PLAINS, N.Y. 10601 To Attorney for NOTICE OF SETTLEMENT Sir -Please take notice that an order of which the within is a true copy of will be presented for settlement to the Hon.one of thejudges of the within named C0o1rt, at oni the doy of at.Dated, Yours, etc.CHARLENE M. INDELICATO County Attorney Attorney for MICHAELIAN OFFICE BUILDING 148 MARTINE AVENUE WHITE PLAINS, N.Y. 10601 Docket 50-247-LR anid 50-286-LR;.
Nos ASLBP No. 07-858-03-LR-BDOI DPR-26, DPR-64 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In re: License Renewal Application Submitted by ENTERGY NUCLEAR INDIAN POINT 2, LLC.ENTERGY NUCLEAR INDIAN POINT 3, LLC, And ENTERGY NUCLEAR OPERATIONS, INC.WESTCHESTER COUNTY'S NOTICE OF INTENTION TO PARTICIPATE AND PETITION TO INTERVENE CHARLENE M. INDELICATO County Attorney Westchester County MICHAELIAN OFFICE BUILDING 148 MARTINE AVENUE WHITE PLAINS, N.Y. 10601 (914)995-5102 JUSTIN D. PRUYNE Assistant County Attorney of Counsel To Attorney for To Attorney fOr7 Service of a copy of the within Dated Attorney for is hereby admitted.