ML081920422

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2008/07/10 Indian Point: Order (Granting the Nrc'S Staff Unopposed Motion for Extention of Time)
ML081920422
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 07/10/2008
From: Lawrence Mcdade
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
07-858-03-LR-BD01
Download: ML081920422 (6)


Text

1 Motion to Preserve All NRC Staff Notes and Working Papers Pursuant to 10 C.F.R.

§ 2.336(b)(3) (June 30, 2008).

2 Licensing Board Order (Directing Briefing in Response to New York's Motion to Preserve Working Papers) (July 3, 2008).

3 NRC Staff's Unopposed Request for an Extension of Time to Respond to the State of New York's Motion to Preserve All NRC Staff Notes and Working Papers and the Licensing Board's Related Order of July 3, 2008 (July 9, 2008).

4 Id. at 1. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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

July 10, 2008 ORDER (Granting the NRC Staff's Unopposed Motion for Extension of Time)

In response to the State of New York's Motion to preserve all NRC Staff notes and working papers pursuant to 10 C.F.R. § 2.336(b)(3), that was filed on June 30, 2008, 1 the Board, on July 3, 2008, issued an Order which, inter alia , directed the NRC Staff to brief several issues.2 On July 9, 2008, the NRC Staff filed an unopposed motion for an extension of time to respond to our request.

3 The NRC Staff requested that it be allowed to submit its response to the Board's Order by July 21, 2008.

4 The State of New York indicated to the Staff that it did not oppose the extension of time so long as it had an additional two days, until July 30, 2008, to 5 Id. at 3-4.6 A copy of this Order was sent this date by First Class Mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for the State of Connecticut; (5) Counsel for Riverkeeper, Inc.; (6) Counsel for WestCAN, CAN, RCCA, PHASE and the Sierra Club - Atlantic Chapter; (7) Manna Jo Green, the representative for

Clearwater; (8) Nancy Burton as the representative of CRORIP; (9) Counsel for Westchester

County; (10) Counsel for the Town of Cortlandt.

respond to the Staff's filing because of conflicts that it had during the week of July 21, 2008.

5 The Motion for an extension is granted. The NRC Staff may file its response on or before July 21, 2008 and New York may file its response thereto on or before July 30, 2008.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 6

/RA/

Lawrence G. McDade, Chairman

ADMINISTRATIVE JUDGE Rockville, MD

July 10, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONIn the Matter of) )ENTERGY NUCLEAR OPERATIONS, INC.)Docket Nos. 50-247/286-LR )

)(Indian Point Nuclear Generating Station, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING THE NRC STAFF'SUNOPPOSED MOTION FOR EXTENSION OF TIME) 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.

Beth N. Mizuno, Esq.

David E. Roth, Esq.

Jessica A. Bielecki, Esq.

Marcia J. Simon, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal

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 (GRANTING THE NRC STAFF'S UNOPPOSED MOTION

FOR EXTENSION OF TIME)

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. O'Neill, 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. O'Neill, 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, 6 th Floor White Plains, NY 10601 Janice A. Dean, Assistant Attorney General Office of the Attorney General

of the State of New York

120 Broadway, 26 th 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 (GRANTING THE NRC STAFF'S UNOPPOSED MOTION

FOR EXTENSION OF TIME) 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, LLP

1726 M. Street NW, Suite 600

Washington, DC 20036 Riverkeeper, Inc.

Phillip Musegaas, Esq.

Victor Tafur, Esq.

828 South Broadway

Tarrytown, NY 10591 Westchester Citizen's Awareness Network (WestCan), Citizens Awareness Network (CAN), etc.

Susan H. Shapiro, Esq.

21 Perlman Drive

Spring Valley, NY 10977 Richard L. BrodskyAssemblyman

5 West Main Street

Suite 205 Elmsford, NY 10523 Sarah L. Wagner, Esq.

Legislative Office Building, Room 422

Albany, NY 12248 Mylan L. Denerstein

Executive Deputy Attorney General

Social Justice

Office of the Attorney General

of the State of New York

120 Broadway, 25 th Floor New York, NY 10271 Docket Nos. 50-247/286-LR LB ORDER (GRANTING THE NRC STAFF'S UNOPPOSED MOTION

FOR EXTENSION OF TIME) 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 Christine M. Pierpoint]

__________________________________

Office of the Secretary of the Commission Dated at Rockville, Maryland this 10 th day of July 2008