2009/11/04 - 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: |
|---|
| 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) |
|
|
|---|
Category:Legal-Correspondence
MONTHYEARML0931001372009-11-0505 November 2009
E-mail from Ray P. Kuyler, Counsel for PSEG Nuclear in Response to Petitioner'S Request for Extension of Time to File a Request for Hearing and Petition to Intervene
ML0931001452009-11-0404 November 2009
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
ML0931001552009-11-0404 November 2009
2009/11/04- Notice of Appearances of Vincent C. Zabielski, Kathryn M. Sutton, Alex S. Polonsky, and Raphael P. Kuyler, Counsel for PSEG Nuclear in the Salem 1 and 2 License Renewal Proceeding
ML0931001532009-11-0404 November 2009
2009/11/04- Notice of Appearances by Vincent C. Zabielski, Kathryn M. Sutton, Alex S. Polonsky, and Raphael P. Kuyler, Morgan, Counsel for PSEG Nuclear in the Hope Creek License Renewal Proceeding
ML0931001522009-11-0404 November 2009
2009/11/04- Letter from Alex Polonsky, Counsel for PSEG Nuclear Petitioner'S Request for Extension of Time to File a Request for a Hearing in the Hope Creek License Renewal Proceeding
ML0931006172009-11-0202 November 2009
2009/11/02- Letter to Chairman Jaczko from Jane Nogaki, Nj Environmental Federation Requesting a 60 Day Extension to File a Hearing Request in the Hope Creek and Salem 1 and 2 License Renewal Proceedings
ML0931006042009-11-0202 November 2009
2009/11/02 - Email from Fred Stein, Maya K. Van Rossum, Delaware Riverkeeper Requesting a 60 Day Extension to File a Request for Hearing in the Hope Creek and the Salem 1 and 2 License Renewal Proceeding
ML0309700872003-03-25025 March 2003
Rothschild Inc.'S Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expenses for the Period February 1, 2003 - February 28, 2003
ML0234003322002-12-0606 December 2002
Memorandum from Emile L. Julian to Recipients of Letter Dated 12/04/02 from Annette L. Vietti-Cook to Norm Cohen Regarding DD-02-03
ML19029A8491981-02-17017 February 1981
02/17/1981 Certificate of Service on Copies of Licensee'S Response to Briefs in Support of Exceptions of Lower Alloways Creek Township and Mr. and Mrs. Alfred C. Coleman, Jr
ML19029A8531980-11-30030 November 1980
11/30/1980 Legal Correspondence Intervenors' Exception to Initial Decision of October 27, 1980
ML19029A8851980-05-13013 May 1980
Certificate of Service of Copies of Licensee'S Request for Extension of Time & Response to NRC Staff Motion for Extension of Time & Licensee'S Proposed Transcript Corrections for the Evidentiary Hearings of 3/28-29/1980.
ML19029A8861980-05-0202 May 1980
05/02/1980 Legal Correspondence Delaware'S Corrections of Transcript
ML19029A8781980-04-10010 April 1980
04/10/1980 Legal Correspondence Licensee'S Response to Licensing Board Question 5 on 'Gross Loss of Water' from the Salem Spent Fuel Pool
ML19029A8811980-04-0909 April 1980
04/09/1980 Legal Correspondence Submittal of Technical Report of Dr. Richard E. Webb in Response to ASLB Order of February 22, 1980
ML19029A8791980-04-0909 April 1980
04/09/1980 Legal Correspondence Written Testimony and Qualifications of Dr. David B. Fankhauser, in Response to ASLB Order of February 22, 1980
ML19029A8821980-04-0707 April 1980
04/07/1980 Legal Correspondence Intervenors' Inability to Prepare Written Testimony in Requisite Time to Most Recent Question Posed by Board
ML19029A7781979-12-13013 December 1979
Informing Licensee'S Installation Procedure for Increased Capacity Spent Fuel Racks Has Been Submitted
ML19029A7651979-08-31031 August 1979
Certify Copies of Licensee'S Response to Motion for Reconsideration of Coleman'S Contention No. 13 & Licensee'S Response to Motion to Re-open Coleman'S Contention 2 & 6 for Receipt of Newly Discovered Evidence.
ML19029A7641979-08-31031 August 1979
Licensee'S Response to Motion for Reconsideration of Colemans' Contention No. Thirteen
ML19029A7551979-08-22022 August 1979
Unit #1 - Intervenors', Coleman, Response to Boards Question Number Four: Was TMI a Class Nine Accident?
ML19029A7601979-08-10010 August 1979
Applicant'S Request for an Extension of Time to Respond to Intervenors' Motion to Reopen Coleman'S Contentions Two & Six for Receipt of Newly Discovered Evidence & Motion for Reconsideration of Dismissal of Coleman'S Contention No. 13.
ML19029A8181979-06-26026 June 1979
06/26/1979 Licensee'S Answer to Motion by Intervensors, Coleman, to Compel Supplementation of Answers to Interrogatories by Licensee
ML19029A8211979-06-25025 June 1979
Intervenor Township of Lower Alloways Creek Response to NRC Staff Objection to Board Question
ML19029A8231979-06-18018 June 1979
Licensee'S Response to NRC Staff Objection to Board Question and Motion for Extension of Time to File Response to Board Question Relating to Class 9 Accidents
ML19029A8251979-06-14014 June 1979
Enclosed Brief on Behalf of Interveners in Opposition to Staff'S Objection to Board'S Consideration of Impacts of Class Nine Accident on Salem Spent Fuel Pool
ML19029A8281979-06-12012 June 1979
06/12/1979 Legal Correspondence Response to the Atomic Safety and Licensing Board Order Dated April 18, 1979
ML19029A8301979-06-11011 June 1979
06/11/1979 Legal Correspondence Intervenor Township of Lower Alloways Creek Motion for Extension of Time to Respond to NRC Staff Objection to Board Question
ML19029A8541979-04-26026 April 1979
04/26/1979 Legal Correspondence Professional Qualifications of Warren S. Nechodom
ML19029A8631979-04-25025 April 1979
04/25/1979 State of New Jersey'S Outline of Cross-Examination
ML19029A8611979-04-25025 April 1979
04/25/1979 Licensee'S Outline of Cross-Examination
ML19029A8601979-04-25025 April 1979
04/25/1979 Legal Correspondence Outline of Cross-Examination of Evidence Submitted by the Nuclear Regulatory Commission
ML19029A8581979-04-25025 April 1979
04/25/1979 Legal Correspondence Outline of Areas of Cross-Examination
ML19029A8571979-04-25025 April 1979
04/25/1979 Intervenors' Response to ASLBP Order Dated April 18, 1979
ML19029A8561979-04-25025 April 1979
04/25/1979 Outline of Intervenors, Colemans, Cross-Examination; Contentions Two and Six
ML19029A8641979-04-24024 April 1979
04/24/1979 Legal Correspondence Non-Proprietary Version of Exxon Nuclear Company'S Report on Fuel Storage Racks Corrosion Program
ML19029A8671979-04-23023 April 1979
04/23/1979 Licensee'S Objections to Intervenors' Profferred Testimony
ML19029A8731979-04-12012 April 1979
04/12/1979 Legal Correspondence Application for Stay by the Township of Lower Alloways Creek
ML19029A8741979-04-11011 April 1979
04/11/1979 Legal Correspondence Intervenors Submit Their Proposed Direct Testimony to Be Elicited from Robert M. Crockett, Vice President for Fuel Supply, Public Service Electric and Gas Company
ML19029A8771979-04-0707 April 1979
04/07/1979 Legal Correspondence Township of Lower Alloways Creek Objections to Prehearing Order and Requests for Revision of Order or Recertification
ML19029A4421979-04-0202 April 1979
Letter Re Prehearing Conference to Fulfill the Requirements by the ASLBP for the Identification of Written Testimony and the Proposed Order or Proof
ML19029A8471979-04-0202 April 1979
04/02/1979 Legal Correspondence Identification of Written Testimony to Be Filed
ML19029A4541979-03-26026 March 1979
Interveners, Colemans' Memorandum in Opposition to the Licensee'S Motion for Summary Disposition, Interveners' Statement of Material Facts in Dispute Pertaining to Contention Two
ML19029A4571979-03-20020 March 1979
Interested State of Delaware'S Answer to Licensee'S Motion for Summary Judgment
ML19029A4591979-03-12012 March 1979
Intervenor Township of Lower Alloways Creek'S Answer to Motion for Summary Disposition
ML19029A4601979-03-12012 March 1979
Request for Report & Correspondence for Constituent'S Inquiry
ML19029A4641979-03-0707 March 1979
Intervenors, Colemans, Motion to Consolidate Prehearing Conference with Special Prehearing Conference for Purposes of Prehearing Order
ML19029A4651979-03-0606 March 1979
Letter Re Resolution Which Was Approved & Adopted by Township Committee of Township of Pennsville
ML19029A4691979-02-27027 February 1979
Public Service Electric & Gas Co. - Licensee'S Memorandum in Support of Its Motion for Summary Disposition
ML19029A4731979-02-16016 February 1979
Resolution Opposing Storage of High Level Radioactive Wastes in Lower Alloways Creek Township
2009-11-05
[Table view] |
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
- 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