ML080370535
| ML080370535 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/31/2008 |
| From: | Brodsky R, Shapiro S Entergy Nuclear Indian Point 2, Entergy Nuclear Indian Point 3, Entergy Nuclear Operations, Public Health & Sustainable Energy (PHASE), Rockland County Conservation Association, Sierra Club, Atlantic Chapter, Westchester Citizens Awarenesss Network (WestCAN) |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, RAS 15036 | |
| Download: ML080370535 (6) | |
Text
IE.Ps UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC January 31, 2008 (1:53pm)
ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, ENTERGY NUCLEAR INDIAN POINT 3, LLC, and ENTERGY NUCLEAR OPERATIONS, INC. D()cket Nos.
50 -247-LR & 50-286-LR INDIAN POINT NUCLEAR GENERATING UNTS 2&3 A* SLBP No.
Regarding the Renewal of Facility Operating Licenses 07 -858-03-LR-BDO0 No. DPR-26 and No. DPR-64 for an Additional 2-year Period PETITONER OF WESTCHESTER CITIZEN'S AWARENESS NETWORK (WestCAN), ROCKLAND COUNTY CONSERVATION ASSOCIATION (RRCA),
PROMOTING PUBLIC HEALTH AND SUSTAINABLE ENERGY (PHASE),
SIERRA CLUB-ATLANTIC CHAPTER and RICHARD BRODSKY MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A REPLY
- 1. Petitioners Westchester Citizen's Awareness Network (WestCAN), Rockland County Conservation Association (RCCA), Promoting Public Health and Sustainable Energy (PHASE), Sierra Club - Atlantic Chapter and Richard Brodsky, (herein referred to as the Petitioners) respectfully request an additional seven (7) days in which to file its Reply to the Answers of the applicant, Entergy, and NRC Staff in the above captioned license renewal proceeding. This request is based on the delay in receiving a complete set of the applicant's Answer to New York's Petition to Intervene. Only on January 28, did counsel Susan Shapiro receive a complete set of the documents comprising the applicant's Answer.
- 2. On December 10, 2007, the Petitioners filed its Notice of Intention to Participate and Petition to Intervene. This Petition set forth fifty contentions in a three hundred eighty 0ev
six page document. It was also accompanied by declarations and numerous exhibits in support of the Petition, these documents were compiled in four volumes.
- 3. On December 10, 2007, Petitioners served these papers on parties by overnight courier, service (Federal Express).
- 4. By Order dated November 27, 2007, this Board required that all responses to the petitions in this matter be filed on or before January 22, 2008.
- 5. By Order dated January 2, 2008, this Board required that Replies to those Answers be filed on or before February 8, 2008.
- 6. According to their Certificates of Service, the applicant and NRC Staff served their Answers to the State's Petition on January 22, 2008. The NRC Staff served all of its papers both electronically and by regular first class mail. Counsel for the Petitioners received the electronic version of the NRC Staffs papers just before midnight on January 22, 2008; and received the paper copies of that submission on Friday, January 25, 2008.
- 7. The applicant's attorneys served the applicant's Answer upon Petitioners by regular first class mail. It also transmitted a courtesy copy of the applicant's Answer electronically, without any declarations or exhibits, just before midnight on January 22, 2008.
Petitioners, however, only received the answer with exhibits of all of the applicant's submission on January 28, 2008 - six days after service. Petitioners, have lost about a week's time to prepare a reply and therefore requests this extension.
- 8. Additionally, counsel for the Petitioners have been unable to acces's the NRC's ADAMS document management system over this past weekend and specifically on January 26 and 28"', 2008.
2
- 9. Additionally one of our experts witness will be unavailable next week due to ACRS hearings regarding Vermont Yankee Nuclear Power Plant.
- 10. Petitioners recognize and appreciate that the ASLB and the NRC have been generous in granting extensions in this matter. The State of New York and Riverkeeper have requested extensions based on similar reasons, and have been granted a seven day extensions. Because of the importance of this matter and of Petitioner's need to efficiently coordinate its Reply, the Petitioners respectfully request that the ASLB grant its request for a 7-day extension within which to file its Reply. This would mean that the Petitioner's Reply would be served on or before Friday, February 15, 2008.
CERTIFICATION
- 11. The movant, through its undersigned attorneys, certifies pursuant to 10 C.F.R.§ 2.32,3(b) that it has made a sincere effort to contact other parties in the proceeding and to resolve the issues raised on the motion. Specifically, the Petitioner's attorneys contacted attorneys for both the applicant and NRC Staff today to obtain their agreement to this request for a seven-day extension. The attorneys for both of these parties have agreed to a seven-day extension.
Respectfully submitted, -.
ichard Brodsky 3 san Shapio 5 West Main Street 21 Perlman Drive Suite 205 Spring Valley, NY 10977 Elmsford, NY 10523 (845) 371-2100 (518) 455 5753 mbs@ourrocklandoffice.com rpI[_l.I.Ih.c*_
1c.ic~b_! palisadesart@aol.com 3
CERTIFICATE OF SERVICE I certify that on January 31, 2008, copies of the foregoing Unopposed Motion by Westchester Citizen's Awareness Network (WestCAN), Rockland County Conservation Association (RCCA), Promoting Health and Sustainable Energy (PHASE), Sierra Club-Atlantic Chapter, and Richard Brodsky (herein referred to as the "Petitioners") for Extension of Time in Which to Reply to Oppositions to Petitioners' Hearing Request were served on the following by e-mail and first-class mail:
Lawrence G. McDade, Chair Atomic Safety and Licensing Board John J. Sipos, Esq.
Panel Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission for the State of New York Washington, D.C. 20555 The Capitol State Street Also by e-mail: LGMl@nrc.gov Albany, New York 12224 Also by e-mail:
Judge Kaye D. Lathrop John. Sipos@oag. state. ny.us 190 Cedar Lane East Ridgeway, CO 81432 Sherwin E. Turk, Esq.
Also by e-mail: KDL2@nrc.gov Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq.
Richard E. Wardwell David E. Roth Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Also by e-mail: REW@nrc.gov Washington, D.C. 20555 sbt@nrc.gov; lbs3@nrc.gov; Martin J. O'Neill, Esq. bnm2@nrc.gov ; der@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq. Michael J. Delaney, V.P. - Energy Mauri T. Lemoncelli, Esq. New York City Econ. Development Morgan, Lewis & Bockius, LLP Corp.
1111 Pennsylvania Ave. N.W. 110 William Street Washington, D.C. 20004 New York,*NY 10038 martin.oneill@morganlewis.com Also by e-mail:
pbessette@morganlewis.com mdelaney@nycedc.com ksutton@morganlewis.com Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Also by e-mail: OCAAMAIL@nrc.gov
John LeKay Stephen C. Filler, Board Member Heather Ellsworth Burns-DeMelo Hudson River Sloop Clearwater, Inc.
Remy Chevalier 303 South Broadway, Suite 222 Bill Thomas Tarrytown, NY 10591 Belinda J. Jaques Also by e-mail: sfiller@nylawline.com FUSE USA 35 1 Dyckman Street Manna Jo Greene Peekskill, NY 10566 Hudson River Sloop Clearwater, Inc.
Also by e-mail: Il-Sc _ -_ 112 Little Market Street Poughkeepsie, NY 12601 Office of the Secretary Also by e-mail:
Rulemakings and Adjudications Staff Mannajo@clearwater.org U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Justin D. Pruyne, Esq.
Also by e-mail: Assistant County Attorney, Litigation HEARINGDOCKET@nrc.gov Bureau Of Counsel to Charlene M. Indelicato, William C. Dennis, Esq. Esq.
Assistant General Counsel Westchester County Attorney Entergy Nuclear Operations, Inc. 148 Martine Avenue, 6 th Floor 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Also by e-mail:
Also by e-mail: wdennis@entergy.com jdp3@westchestergov.com Diane Curran Harmon, Curran, Spielberg, & Joan Leary Matthews, Esq.
Eisenberg, L.L.P. Senior Attorney for Special Projects 1726 M Street N.W., Suite 600 New York State Department Washington, D.C of Environmental Conservation Also by email: 625 Broadway, 14 th floor Albany, New York 12233-5500 By e-mail:
Phillip Musegaas j Imatthews@gw. dec. state. ny. us Staff Attorney Riverkeeper, Inc.
828 South Broadway Zackary S. Kahn, Esq. Law Clerk Tarrytown, NY 10591 Atomic Safety and Licensing Also by email: phillip@riverkeeper.org Board Panel U.S. Nuclear Regulatory Commission Victor M. Tafur Washington, D.C. 20555 Senior Attorney Riverkeeper, Inc. Also by e-mail: ZXKl@nrc.gov 828 South Broadway Tarrytown, NY Also by email: vtafur@riverkeeper.org
Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Sive, Paget and Riesel, P.C.
460 Park Avenue New York, NY 10022 Also by e-mail: driesel@sprlaw.com Robert D. Snook, Esq.
Assistant Attorney General 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 By e-mail: Robert. Snook@po. state.ct.us Nancy Burton 147 Cross Highway Redding Ridge, CT 06878 Also by e-mail:
NancyBurtonCT@aol.com Elise N. Zoli, Esq.
Goodwin Procter, LLP 53 State Street Boston, MA 02109 Also by e-mail:
Susan Shapiro