ML080840458
| ML080840458 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/24/2008 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS E-30 | |
| Download: ML080840458 (6) | |
Text
1 Counsel for the NRC Staff filed a timely response to the Boards Order on March 18, 2008.
UNITED STATES OF AMERICA DOCKETED 03/24/08 NUCLEAR REGULATORY COMMISSION SERVED 03/24/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 March 24, 2008 ORDER (Second Order Relating to the Service and Content of WestCANs Reply Dated Feb. 15, 2008)
Introduction On March 7, 2008, the Board issued an Order in which we requested specific information relating to the pleading dated February 15, 2008, that was filed on behalf of Westchester Citizens Awareness Network, et al. (WestCAN).1 On March 21, 2008, WestCAN filed a timely response titled Petitioners WestCAN et al.
Reply to the Atomic Safety and Licensing Board Order of March 7, 2008. However, while WestCans Reply on March 21st made reference to Exhibits H and I, those Exhibits were not listed on the Table of Contents accompanying that response, nor were they enclosed with the submission. Thereafter, on March 24, 2008, the members of the Board received via electronic mail a second copy of WestCANs Reply. This submission was accompanied by a Table of Contents which, unlike the earlier submission, listed Exhibits H and I and included a copy of Exhibit I. Neither submission included a copy of Exhibit H - DHL receipts.
2 Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for WestCAN, RCCA, PHASE, the Sierra Club - Atlantic Chapter; and Richard Brodsky; (2) Counsel for the NRC Staff; (3) Counsel for Entergy; (4) Counsel for the State of New York; (5) Counsel for the State of Connecticut; (6) Counsel for Riverkeeper, Inc.; (7) Nancy Burton, the Representative of CRORIP; (8) Manna Jo Green, the Representative for Clearwater; (9)
Counsel for Westchester County; and (10) Counsel for the Town of Cortlandt.
Petitioner, WestCAN, shall submit copies of the DHL tracking documents that were requested in the Boards Order of March 7, 2008, and which apparently were referred to on pages 2, 7 and 8 of WestCANs March 21st Reply, and listed on WestCANs March 24th Table of Contents. These documents shall be submitted so that they are received by the Board no later than 5:00 PM EDT on March 26, 2008.
WestCAN shall also submit a brief explanation (not more than 2 pages including heading and signature) of why these documents were not included with WestCANs Reply on March 21st or March 24th and why WestCAN did not highlight and explain that the Table of Contents submitted on March 24th was different from the Table of Contents submitted with its Reply on March 21st.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD2 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD March 24, 2008
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR OPERATIONS, INC. )
Docket Nos. 50-247/286-LR
)
)
(Indian Point Nuclear Generating,
)
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (SECOND ORDER RELATING TO SERVICE AND CONTENT OF WESTCANS REPLY DATED FEB. 15, 2008) 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 Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.
Ridgway, CO 81432 Sherwin E. Turk, Esq.
Lloyd B. Subin, Esq.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Kimberly A. Sexton, Esq.
Christopher C. Chandler, Esq.
Karl Farrar, Esq.
Catherine Marco, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Arthur J. Kremer, Chairman New York AREA 347 Fifth Avenue, Suite 508 New York, NY 10016
2 Docket Nos. 50-247/286-LR LB ORDER (SECOND ORDER RELATING TO SERVICE AND CONTENT OF WESTCANS REPLY DATED FEB. 15, 2008)
Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 Robert D. Snook, Esq.
Assistant Attorney General of the State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Martin J. ONeill, Esq.
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Mauri T. Lemoncelli, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Counsel for the Town of Cortlandt Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 Daniel E. ONeill, Mayor Village of Buchanan James Seirmarc, M.S., Liaison to Indian Point 236 Tate Avenue Buchanan, NY 10511 Nancy Burton Connecticut Residents Opposed to Relicensing (CROIP) 147 Cross Highway Redding Ridge, CT 06876 Charlene M. Indelicato, Esq.
Westchester County Attorney Justin D. Pruyne, Esq.
Assistant County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 Janice A. Dean, Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, NY 10271 Andrew M. Cuomo, Esq.
Attorney General of the State of New York John J. Sipos, Esq.
Assistant Attorney General The Capitol Albany, NY 12224-0341 Joan Leary Matthews, Esq.
Senior Counsel for Special Projects Office of General Counsel New York State Department of Environmental Conservation 625 Broadway Albany, NY 12224
Docket Nos. 50-247/286-LR LB ORDER (SECOND ORDER RELATING TO SERVICE AND CONTENT OF WESTCANS REPLY DATED FEB. 15, 2008) 3 FUSE USA Heather Ellsworth Burns-DeMelo John LeKay Remy Chevalier Belinda J. Jaques Bill Thomas 351 Dyckman Street Peekskill, New York 10566 Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 Diane Curran, Esq.
Counsel for Riverkeeper, Inc.
Harmon, Curran, Spielberg,
& Eisenberg, L.L.P.
1726 M. Street N.W., Suite 600 Washington, DC 20036 Riverkeeper, Inc.
Phillip Musegaas, Esq.
Victor Tafur, Esq.
828 South Broadway Tarrytown, NY 10591 Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN), etc.
Susan H. Shapiro, Esq.
21 Perlman Drive Spring Valley, NY 10977 Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523 Mylan L. Denerstein Executive Deputy Attorney General Social Justice Office of the Attorney General of the State of New York 120 Broadway, 25th Floor New York, NY 10271
Docket Nos. 50-247/286-LR LB ORDER (SECOND ORDER RELATING TO SERVICE AND CONTENT OF WESTCANS REPLY DATED FEB. 15, 2008) 4 Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
112 Little Market St.
Poughkeepsie, NY 12601 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.
303 South Broadway, Suite 222 Tarrytown, NY 10591
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 24th day of March 2008