ML073531869

Declaration of Dr. Peter Henderson in Support of Riverkeeper'S Contention EC-1

ML073531869
Person / Time
Site:	Indian Point
Issue date:	11/30/2007
From:	Henderson P Riverkeeper
To:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLB 07-858-03-LR-BD-01, RAS 14794
Download: ML073531869 (7)

Text

Contentionq, EC-1 DOCKETED DCKETED Exhibit 1 USNRC November 30, 2007 December 19, 2007 (9:02am)

OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop

)

Entergy Nuclear Operations, Inc. ) Docket Nos.

(Indian Point Nuclear Generating ) 50-247-LR Units 2 and 3) ) and 50-286-LR DECLARATION OF DR. PETER HENDERSON IN SUPPORT OF RIVERKEEPER'S CONTENTION EC-1 I, Peter Henderson, declare as follows:

1. I am a director of Pisces Conservation Ltd., ("Pisces"), a corporation based in Great Britain. Our office is located in Pennington, Lymington, Hampshire. Pisces provides expert consulting services in the United States, Great Britain, and other countries on a range of aquatic environmental issues, including effects of power plant impingement, entrainment, and thermal effluent discharge.

2. I am also a senior research associate at the University of Oxford where I lecture in population dynamics and ecological methods. I have extensively published on the subject of ecology and I am the co-author of the standard text book "Ecological Methods".

3. I am an expert in the effects of power plants on the aquatic environment, the population dynamics of fish and crustaceans, and the modeling of ecological impacts.

I received an undergraduate education in zoology at Imperial College, University of London where I obtained a Ist class Honours degree and the governors' prize for zoology. Subsequently, I pursued graduate studies at Imperial College and received a Doctorate of Philosophy in 1975, for a thesis on the analysis of population control mechanisms in crustaceans. Currently, I lecture and hold a position as a senior research associate in the department of Zoology, University of Oxford.

4. I have worked as an ecological consultant and research scientist for 28 years on theoretical, applied and field research. I have wide experience in the effects of power plant cooling water systems, including the preparation and presentation of evidence at public inquires and the writing of environmental impact assessments. I also have extensive experience of the management of major ecological assessment projects, including preparation and presentation of material for public enquires and liaising with conservation bodies and engineers. Projects undertaken include conservation JýC

-dA, I

planning for large tropical nature reserves, ecological effects studies of nuclear power station intakes, conservation studies of rare freshwater life and effects of climate change and drought.

5. My Curriculum Vitae is provided here as Attachment 1.

6. In support of Riverkeeper's request for a hearing and petition to intervene with respect to the license renewal proceeding for the Indian Point Nuclear Power Station, I co-authored, with Dr. Richard Seaby, the following reports: "Status of Fish Populations and the Ecology of the Hudson River" and "Analysis of Entrainment, Impingement and Thermal Impacts at Indian Point Power Station. Copies of these reports are provided as Attachments 2 and 3, respectively. The technical factual statements in the reports are true and correct to the best of my knowledge, and the opinions expressed therein are based on my best professional judgment.

7. I also assisted in the preparation of Riverkeeper's Contention EC-1, regarding the adverse impacts on aquatic resources by heat shock, impingement and entrainment of fish caused by Indian Point's once through cooling system. The factual assertions in these contentions are true and correct to the best of my knowledge and belief, and the opinions expressed therein are based on my best professional judgment.

8. In preparing my reports and Contention EC-1, I reviewed Entergy Nuclear Operations, Inc.'s April 23, 2007, license renewal application for the Indian Point nuclear power plant, including the Environmental Report.

Peter Henderson, Ph.D November 30, 2007 2

Contention EC-1 Exhibit,)2 November 30, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop

)

Entergy Nuclear Operations, Inc. ) Docket Nos.

(Indian Point Nuclear Generating ) 50-247-LR Units 2 and 3) ) and 50-286-LR DECLARATION OF DR. RICHARD SEABY IN SUPPORT OF RIVERKEEPER'S CONTENTION EC-1 I, Richard Seaby, declare as follows:

1. I am a managing director of Pisces Conservation Ltd., ("Pisces"), a corporation based in Great Britain. Our office is located in Pennington, Lymington, Hampshire.

Pisces provides expert consulting services in the United States, Great Britain, and other countries on a range of aquatic environmental issues, including effects of power plant impingement, entrainment, and thermal effluent discharge.

2. I received an undergraduate education in zoology at Goldsmiths College, University of London where I obtained a 2.1 Honors degree. Subsequently, I pursued graduate studies at Liverpool University and received a Doctorate of Philosophy in 1992, for a thesis on the coexistence of lake-dwelling triclads and leeches.

3. I have worked as an ecological consultant and research scientist for 15 years. I am an expert in the effects of power plants on the aquatic environment, the population dynamics of fish and crustaceans and the modeling of ecological impacts.

4. My Curriculum Vitae is provided here as Attachment 1.

5. In support of Riverkeeper's request for a hearing and petition to intervene with respect to the license renewal proceeding for the Indian Point Nuclear Power Station, I co-authored, with Dr. Peter Henderson, the following reports: "Status of Fish Populations and the Ecology of the Hudson River" and "Analysis of Entrainment, Impingement and Thermal Impacts at Indian Point Power Station. Copies of these reports are attached to Dr. Henderson's declaration as Attachments 2 and 3, respectively. The technical factual statements in the reports are true and correct to the best of my knowledge, and the opinions expressed therein are based on my best professional judgment.

1

6. I also assisted in the preparation of Riverkeeper's Contention EC-1, regarding the adverse impacts on aquatic resources by heat shock, impingement and entrainment of fish caused by Indian Point's once through cooling system. The factual assertions in these contentions are true and correct to the best of my knowledge and belief, and the opinions expressed therein are based on my best professional judgment.

7. In preparing my reports and Contention EC- 1, I reviewed Entergy Nuclear Operations, Inc.'s April 23, 2007, license renewal application for the Indian Point nuclear power plant, including the Environmental Report.

Richard Seaby, Ph.D November 30, 2007 2

HARMON, CURRAN, SPIELBER G -E1SENBERG, LLP 1726 M Street, NW, Suite 600 Washington, DC 20036 *-(.202) 328-3500 (202) 328-6918 fax December 11, 2007 Office of the Secretary Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555

SUBJECT:

Filingin Indian PointLicense Renewal Proceeding, Docket Nos. 50-247LR and 50-246-LR

Dear Madam/Sir:

Enclosed please find the original and two copies of the signed declarations of Drs. Peter Henderson and Richard Seaby. Please substitute them for the faxed copies that Riverkeeper, Inc. submitted on November 30, 2007, in support of Riverkeeper's Request for Hearing and Petition to Intervene in Indian Point License Renewal Proceeding. Dr.

Henderson's declaration should be attached as Exhibit 1 to Contention EC-l and Dr.

Seaby's declaration should be attached as Exhibit 2 to contention EC-1.

Copies of the declarations have been served on the parties and the Atomic Safety and Licensing Board, as listed in the attached certificate of service.

Sincerely, ianeru~rra-n Cc: Service List

CERTIFICATE OF SERVICE I certify that on December 11, copies of the foregoing Declaration of Dr. Peter Henderson in Support of Riverkeeper's Contention EC-I and Declaration of Dr. Richard Seaby in Support of Riverkeeper's Contention EC-1 were served on the following by first-class mail:

Lawrence G. McDade, Chair Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Also by e-mail: LGM1 @nrc.gov Also by e-mail: KDL2@nrc.gov Richard E. Wardwell Michael J. Delaney, V.P. - Energy Atomic Safety and Licensing Board New York City Economic Development U.S. Nuclear Regulatory Commission Corp.

Washington, D.C. 20555 110 William Street Also by e-mail: REWnrc.gov New York, NY 10038 Also by e-mail: mdelaney@nycedc.com Sherwin E. Turk, Esq. Martin J. O'Neill, Esq.

Lloyd B. Subin, Esq. Kathryn M. Sutton, Esq.

Beth N. Mizuno, Esq. Paul M. Bessette, Esq.

Atomic Safety and Licensing Board Panel Mauri T. Lemoncelli, Esq.

U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius, LLP Washington, D.C. 20555 1111 Pennsylvania Ave. N.W.

Also by e-mail: sbtanrc.gov; Washington, D.C. 20004 lbs3@nrc.gov; Also by e-mail:

bnm2@nrc. gov martin.oneill@morganlewis.com pbessette@morganlewis.com ksuttongmorganlewis.com Susan H. Shapiro, Esq. Office of Commission Appellate Adjudication 21 Perlman Drive U.S. Nuclear Regulatory Commission Spring Valley, NY 10977 Washington, D.C. 20555 Also by e-mail: mbsO,,ourrocklandoffice.com Also by e-mail: OCAAMAILknrc.gov

Joan Leary Matthews, Esq. Arthur J. Kremer, Chairman Senior Attorney for Special Projects New York AREA New York State Department 347 Fifth Avenue, Suite 508 of Environmental Conservation New York, NY 10016 625 Broadway, 14th floor Also by e-mail: aikremer@rmfpc.com Albany, New York 12233-5500 kremer(.areaalliance.org Also by e-mail: jlmatthews@gw.dec.state.ny.us Office of the Secretary William C. Dennis, Esq.

Rulemakings and Adjudications Staff Assistant General Counsel U.S. Nuclear Regulatory Commission Entergy Nuclear Operations, Inc.

Washington, D.C. 20555 440 Hamilton Avenue Also by e-mail: HEARINGDOCKET(,nrc.gov White Plains, NY 10601 Also by e-mail: wdennis@entergy.com Sherwood Martinelli Manna Jo Greene FUSE USA Hudson River Sloop Clearwater, Inc.

351 Dyckman Street 112 Little Market Street Peekskill, NY 10566 Poughkeepsie, NY 12601 Also by e-mail: fuse usagyahoo.com; Also by e-mail: Mannaio@clearwater.org roycepenstinger@aol.com Zackary S. Kahn, Esq. John J. Sipos, Esq.

Law Clerk Assistant Attorney General Atomic Safety and Licensing Board Panel Office of the Attorney General U.S. Nuclear Regulatory Commission for the State of New York Washington, D.C. 20555 The Capitol Also by e-mail: ZXK1(,nrc.gov State Street Albany, New York 12224 Also by e-mail: John.Sipos@oag.state.ny.us Diane Curran 2