ML080450181

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Transmittal of Petitioners Westchester Citizen'S Awareness Network (Westcan), Et Al., Answer and Affidavit of Richard L. Brodsky, Esq. in Response to Atomic Safety and Licensing Board Order Dated February 1, 2008
ML080450181
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 02/11/2008
From: Brodsky R
Public Health & Sustainable Energy (PHASE), Rockland County Conservation Association, Sierra Club, Atlantic Chapter, State of NY, State Assembly, Westchester Citizens Awarenesss Network (WestCAN)
To:
NRC/SECY
SECY/RAS
References
07-85803-LR-BD01, 50-247-LR, 50-286-LR, RAS 15067
Download: ML080450181 (43)
v • d • e


Text

A5/ 50o 7 THE ASSEMBLY STATE OF NEW YORK I

~XCELSIOS ALBANY RICHARD L. BRODSKY CHAIRMAN Assemblyman 9 2 ND District Committee on Corporations, Authorities Westchester County and Commissions DOCKETED February 11, 2008 USNRC February 12; 2008 (8:47am)

Office of the Secretary OFFICE OF SECRETARY U.S. Nuclear Regulatory Committee RULEMAKINGS AND Sixteenth Floor ADJUDICATIONS STAFF One White Flint North

-11555 Rockville Pike Rockville, Maryland 20852 To Whom It May Concern:

Enclosed please find Petitioners Westchester Citizen's Awareness Network (WestCAN),

Rockland County Conservation Association, Inc. (RCCA), Public Health and SustainableEnergy (PHASE), Sierra Club - Atlantic Chapter (Sierra Club), and New York State Assemblyman Richard L. Brodsky's Answer and Affidavit of Richard L. Brodsky, Esq. in response to the Atomic Safety and Licensing Board Order dated February 1, 2008.

5~CX- 61g Siff-(fonp D ALBANY OFFICE: Room 422, Legislative Office Building, Albany, New York 12248, (518) 455-5753 D DISTRICT OFFICE: 5 West Main Street, Suite 205, Elmsford, New York 10523, (914) 345-0432

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 ) Docket Nos. 50-247 and

") 59-286-LR ENTERGY NUCLEAR OPERATIONS, INC ) ASLBP No. 07-858-03-LR (Indian Point Nuclear Generating Units 2 and 3) ) February 1, 2008 ORDER ANSWER TO ORDER (Concerning Certain Exhibits Submitted by Petitioners WestCAN et. al.)

Petitioners Westchester Citizen's Awareness Network (WestCAN), Rockland County Conservation Association, Inc. (RCCA), Public Health and Sustainable Energy (PHASE), Sierra Club - Atlantic Chapter (Sierra Club), and New York State Assemblyman Richard L. Brodsky (hereinafter "Petitioners") respectfully respond to the Atomic Safety and Licensing Board Order dated February 1, 2008. Petitioners respectfully submit the following affidavits of legal co-counsel Richard L. Brodsky, Esq. and Susan Shapiro, Esq., which affidavits provide the information requested by the Atomic Safety Licensing Board Order. Petitioners submit that they filed and served their Petition and exhibits appropriately in the above matter, and complied with Nuclear Regulatory Commission regulations. Susan Shapiro's affidavit will be mailed / separately to the Office of the Secretary of the Nuclear Regulatory Commission. /

Dated: February 11, 2008 R ptl11 tted, /

/ichard L. Brodsky S'zA9c, - -Co-counsel for Petitioners West ANet. al.

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4 .BRIAN R. HAAK Notary Public, State of New York Qual. in Montgomery Co. No. 01HA4956617 Co~mmission Expires Sept 25, 04C'

i 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 ) Docket Nos. 50-247 and

) 59-286-LR ENTERGY NUCLEAR OPERATIONS, INC

) ASLBP No. 07-858-03-LR (Indian Point Nuclear Generating Units 2 and 3) ) February 1, 2008 ORDER ANSWER TO ORDER (Concerning Certain Exhibits Submitted by Petitioners WestCAN et. al.)

STATE OF NEW YORK

)s COUNTY OF.WESTCHESTER RICHARD L. BRODSKY, being duly sworn, deposes and says:

1. I am legal co-counsel for Westchester Citizen's Awareness Network (WestCAN),

Rockland County Conservation Association, Inc. (RCCA), Public Health and Sustainable Energy (PHASE), Sierra Club - Atlantic Chapter (Sierra Club), and New York State Assemblyman Richard L. Brodsky (hereinafter "Petitioners"). I am familiar with the facts contained herein.

answer to the ASLB Order of February 1, 2008. (ASLB Order dated February 1, 2008 p. 3).

3. On December 10, 2007, Petitioners brought a Petition for Intervention in the above matter with exhibits that were electronically served to all parties named in Exhibit A attached hereto.
4. On December 11, 2007, hard copies of said Petition and exhibits were served on the Commission and Commission staff by Fed Ex served by "... courier, express mail, and expedited delivery services to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rule Making and Adjudication Staff." (10 C.F.R. 2.309(c) as instructed in the application). The Fed Ex package included three (3) hard copies and CD disks of the Petition and exhibits, in a box weighing 45 lbs, tracking number 86348708254. The Fed Ex box was received by the Nuclear Regulatory Commission (hereinafter "NRC") on December 12, 2007. Two copies were designated for the Commission and one copy was designated for the staff. P. Neal signed for receipt of the package. (Attached hereto as Exhibit "B").
5. Said copies of said Petition and exhibits were made at the same time and location and thus were identical.
6. The exhibits sent on December 10, 2007 and December 11, 2007 included the following contained in Appendix B as specified by the ASLB Order:

Exhibit K: Safety Evaluations by the Division of Reactor Licensing Unit 2 Nov 16, 1970, Exhibit K Supplement, Appendix A pages 1-7: Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 &

4 above);

Exhibit T: Exhibit T was not submitted;

Exhibit Y: Status of Decommissioning Funding for Plants March 25, 2005: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit Z: Federal Register, August 1, 2007: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit AA: H.R. 994: To Require the NRC to conduct an ISA: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit BB: Notice of Availability of the Final License Renewal Interim Staff Guidance August14, 2007: Exhibit served electronically on December 10, 2007 and a hardcopy served by FedEx on December 11, 2007. (See 3 & 4 above);

Exhibit CC: NRC Regulatory Issue Summary 2003-09 Environmental Qualification of Low Voltage Instrumentation and Control Cables, May 2, 2003: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit DD: Entergy Replacement Reactor Vessel Head, Doosan Heavy Industries Co.: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). The table of contents of the exhibits inadvertently omitted Exhibit DD, but Exhibit DD was appropriately served; Exhibit EE: CRS Report to Congress-Nuclear Power Plant Vulnerability to Terrorist Attack: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the. December 19t", 21 st, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

Exhibit JJ: Entergy Questionnaire 7/31/06: Groundwater Protection Baseline Info IPEC 1, 2, & 3 : Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit KK: Indian Point 2 2Q/2007 Plant Inspection Findings: Exhibit served electronically on December.10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit LL: Declaration of Gordon Thompson in Support of Petitioner's Concern:

Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit MM: Gordon Thompson: Robust Storage of Spent Nuclear Fuel: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). The exhibit was inadvertently omitted from the table of contents; Exhibit 00: James Lee Witt Associates - Executive Summary: Review of -

Emergency Preparedness IP/ Millstone 2003: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). The table of contents inadvertently omitted the Exhibit, but the first page is marked Exhibit "00";

Exhibit PP: POGO on Nuclear Security Act: Exhibit: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit SS: Notes from 8/30/07 Conference Call Regarding Dry Cask Storage at Indian Point: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above);

Exhibit LLL: Richard Brodsky's Declaration: Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was inadvertently omitted from the table of contents; Exhibit FP No. 5: "Entergy Letter dated July.24, 2006, Re: Indian Point Unit NO. 3 Docket No. 50-286, NL-06-078 Request for Revision of Existing Exemptions from 10 C.F.R. 50, et al": Exhibit served electronically on December 10, 2007 and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 19th, 21s',

and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

FP No. 7: "First Declaration of Ulrich Witte": Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 1 9 tb, 2 1st, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

FP No.8: "NUCLEAR REGULATORY COMMISSION REGION I, 475 ALLENDALE ROAD, KING OF PRUSSIA. PENNSYLVANIA 19406-1415, May 11, 1995, New York Power Authority Indian Point 3 Nuclear Power Plant Post Office Box 215 Buchanan, NY 10511,

SUBJECT:

SPECIAL INSPECTION TO RESTART ITEMS, INSPECTION: Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This.

exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 1 9 th, 2 1st, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

FP No. 9: contains three parts: (1)"Updated FSAR Chapter 7 provided with renewal application" (2) Second Part Drawing that is referenced on Page 8 of this document, and (3) Third part -- Drawing - 392-F-31193: Exhibit served electronically on December 10, 2007, and a hardcopy served by FedEx on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 1 9 th, 2 1St, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

Attorneys Turk and O'Neill and was part of the December l9th, 21St, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

FP No. 12: December 9, 2003, POGO Letter to NRC Chairman Nils Diaz: Exhibit served electronically on December 10, 2007, and a hardcopy served by FedEx on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 19th, 2 1 st, and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

FP No. 13: CRS Report for Congress Received through the CRS Web Order Code RS21131 Updated August 9, 2005 Nuclear Power Plants: Vulnerability to Terrorist Attack Carl Behrens and Mark Holt Specialists in Energy Policy Resources, Science, and Industry Division.: Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 19h , 21't, and was brought to the attention of all parties on December 28, 2007. (See 7, 8,

& 9 below);

FP No. 14: March 27, 2007,Re: NRC Proposed Rule: Power Reactor Security Requirements (RIN 3150-AG63), Annette Vietti-Cook, Secretary, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001,Attn: Rulemakings and Adjudications Staff Submitted via e-mail to SECYr(nrc.gov by, Council On Intelligent Energy & Conservation Policy (Ciecp) Comments To Proposed Rule 10 C.F.R. Parts 50, 72 And 73 Regarding Power Reactor Security Requirements At Licensed Nuclear Facilities Cured with electronic file send via You Send It on December 19, 2008: Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 1 9 th, 2 1 st, and was brought to the-attention of all parties on December 28, 2007. (See 7, 8, &.9 below);

FP No.15: CRS Report for Congress, Received through the CRS Web Order Code RS21131, Updated August 9, 2005 Nuclear Power Plants: Vulnerability to Terrorist Attack Carl Behrens and Mark Holt Specialists in Energy Policy Resources,

Commission, Office of Nuclear Regulatory Research, Washington, DC 20555-0001:

Exhibit served electronically on December 10, 2007, and a hardcopy served by Fed Ex on December 11, 2007. (See 3 & 4 above). This exhibit was the subject of concern to Attorneys Turk and O'Neill and was part of the December 19t', 21", and was brought to the attention of all parties on December 28, 2007. (See 7, 8, & 9 below);

7. On December 19, 2007, Sherwin Turk, Esq. of the NRC, and Martin O'Neill, Esq. and Ms. K. Sutton, Esq. representing Entergy, telephoned Petitioners' attorneys pursuant to 10 C.F.R. 2.323(b) to inform us that were planning to move to strike unless certain action was taken by five p.m. that day. (Emails resulting from that conversation are attached hereto as Exhibit C). Without admitting the existence of any defects in any papers already served, or the validity of any putative deadlines, Petitioners asked for a list of specific matters of concern to the NRC and Entergy. (Exhibit C). Upon receipt of such information from NRC's attorney qnd Entergy's attorneys, Petitioners sent the requested clarifications to Attorney Turk and Entergy's attorneys electronically by direct email on December 19, 2007. (Exhibit C). Receipt of said email was acknowledged'by Attorneys Turk and O'Neill. (Exhibit C).

Petitioners in several emails informed NRC attorney Sherwin Turk and Entergy's Attorneys that if any further clarification or documents were needed, they were to contact Petitioners. No such requests were made of Petitioners. (See, e.g., Exhibit C).

attorneys. (See Exhibit D). Attorneys Turk and O'Neill subsequently acknowledged receipt of the hard copy of said Petition with exhibits. (See Exhibit D). "The staff received your delivery on Friday, December 21, 2007 as promised. I did not request anything other than that." (See email of December 28, 2007 from Sherwin Turk in Exhibit E).

9. On December 28, 2008, Petitioner sent its exhibits along with a new table of contents for the exhibits electronically to all parties. (See Exhibit E). The email provided a link to YouSendIt.com that instructed all parties to click on the website and download the exhibits. (See Confirming Documents, an email dated December 28, 2007 and "list of exhibits dec 28[1].jpg" in Exhibit E).
10. The said email of December 28, 2007 expressly notified all parties that additional hard copies of Petitioner's exhibits would be provided upon request. (See Exhibit E). Petitioner received no such requests.
11. Petitioners did not receive any further requests for clarification by any party or the by any office of the NRC until the ASLB Order of February 1, 2008.
12. Petitioners timely filed and served Petition and exhibits with the Office of the Secretary and all other parties, as required by 10 C.F.R. 2.304, and all requested clarifications were made immediately.
13. Petitioner respectfully submits that the Petition and its exhibits of December

thereof have been consistent with the letter and the spirit of the NRC regulations, including but not limited, to the table of contents which appears not to be a regulatory requirement. Petitioners also assert that they have complied with the NRC Regulations and responded to any requests for clarification made by any party.

14. Petitioner acknowledges the specific guidelines set forth in the ASLB Order of February 1, 2008.
15. Pursuant to 10 C.F.R. 2.306, if the last day to answer falls on a Sunday, the period runs until the end of the next day. 10 C.F.R. 2.306 Accordingly, since the ASLB Ordered required a response to be served on February 10, 2008, which was a Sunday, Petitioners are filing on Monday, February 11, 2008.

Dated: February 11, 2008 submitted, spectfully Richard L. Brodsky Co-counsel for Petitione estCAN et. al t ' n LINDA A. VAN 2WE-RONGEN Notary Publ!c - Sltae ocNew York, No. 01 VA602356.3

~Quaf*dfliJAny CcAflty

TABLE OF CONTENTS Exhibit A-Email of December 10, 2007 Exhibit B- Fed Ex receipt for mailing of Petition to Nuclear Regulatory Commission dated December 11-12, 2007 Exhibit C- Combined Emails dated December 19, 2007 Exhibit D- UPS receipt for mailing of hard copies to Attorneys Turk and O'Neill on December 21, 2007 and emails dated December 21, 2007 Exhibit E- Emails dated December 28-31, 2007 and list of documents sent on December 28, 2007

EXHIBIT A aolrich://234115.11094/

Subj: Fwd: Cover Letter & Notices

Date
Monday, December 10, 2007 10:55:41 PM From: Palisadesart To: secy@nrc.gov, chairman@nrc.gov, hearingdocket@nrc.gov, ocaamail@nrc.gov, Igml@nrc.gov, rew@nrc.gov, kdl2@nrc.gov, Royce Penstinger, mdelaney@nycedc.com, kremer@area-alliance.org, set@nrc.gov, lbs3@nrc.gov, ZXK1@nrc.gov, ksutton@morganlewis.com, pbessette@morganlewis.com, martin.o'.neill@morganlewis.com, dcurran@harmoncurran.com; john.sipos@oag.state.ny.us, robert.snook@po.state.ct.us, phillip@riverkeeper.o'rg, mannajo@clearwater.org, vtafur@riverkeeper.org,.

richardbrodsky@msn.com, ElieWestCan@gmail.com, ciecplee@verizon.net, ulrich@ulrichwitte.com, Palisadesart, shs@ourrocklandoffice.com See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoltop00030000000004)

Subj: Fwd: No Subject Date: Monday, December 10, 2007 10:14:09 PM From: Palisadesart To: chairman@nrc.gov, hearingdocket@nrc.gov, NancyBurtonCT, ocaamail@nrc.gov, Igm-1@nrc.gov, rew@nrc.gov, Palisadesart, kdl2@nrc.gov, Royce Penstinger, mdelaney@nycedc.com, kremer@area-ailiance.org, set@nrc.gov, lbs3@nrc.gov, ZXK1@nrc.gov, ksutton@morganlewis.com, pbessette@morganlewis.com, mo'neill@morganlewis.com, dcurran@harmoncurran.com, john.sipos@oag.state.ny.us, robert.snook@po.state.ct.us, phillip@riverkeeper.org, mannajo@clearwater.org, vtafur@riverkeeper.org, richardbrodsky@msn.com, ElieWestCan@gmail.com, secy@nrc.gov, ciecplee@verizon.net, ulrich@ulrichwitte.com See AOL's top rated recipes (http://food.ao1.com/top-rated-recipes?NCID=aoltop00030000000004)

-Subj:

Date: Monday, December 10, 2007 1 0:10:03 PM From: Palisadesart Lo . . Palisadesart __....

MILTON B. SHAPIRO,- ESQ. 21 PERLMAN DRIVE SUSAN H, SHAPIRO, ESQ. SPRING VALLEY, NY 10977 ATTORNEYS ATLAW (845) 371-2100 TEL (845) 371-3721 FAX MBS@OURROCKLANDOFFICE.COM 12/10/07 Honorable Chairrhan Klein Nuclear Regulatory Commission Washington, DC 20555 1 of 2 2/7/08 5:45 PM

I1

  • aolrich://23411511094/

chairman@nrc.gov Lawrence G. McDade Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Lgml@nrc.gov EMAIL COVER LETTER:

RE: PETITION FOR LEAVE TO INTERVENE WITH CONTENTIONS, and REQUEST FOR HEARING re: License

-Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3 LLC, Entergy Nuclear Operations, Inc.:

Docket Nos 50-247-LR and 50-286-LR ASLB No, 07-858-03-LR-BDO1, DPR -26, DPR-64

Dear Honorable Chairmen:

Please find enclosed the electronic filing of Petition to Intervene for Westchester Citizen's Awareness Network, Rockland County Conservation Association, Public Health and Sustainable Energy, Sierra Club- Atlantic Chapter, and Assemblyman Richard Brodsky, including all Exhibits.

This filing consists of 29 files contained in distinct emails.

Sincerely yours, Susan Shapiro More new features than ever. Check out the new AOL Mail!

2 of 2 2/7/08 5:45 PM

PAGE @2

'L *. B SHAPIRO Page 1 of 1 8453713721 02/08/209@@ 16:e5 EXHIBIT B Track Shipments/FedEx Kinko's Orders Detailed Results

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863467082547 Delivered to Receptionist/Front Desk Tracking number Service type Standard Overnight Signed for by P.NEAL 45.0 lbs.

Dec 11, 2007 Weight Ship data Delivery date Dec 12, Z007 9:46 AM Status Delivered Signature image Yes available Activity Location Detail Date/Time Dec 12, 2I07 9:46 AM Delivered 7:55 AM4 On FedEx vehicle for delivery ROCKVILLE, MD 7:36 AM At local FedEx facility ROCK"VILLE, MD 6:41 AM At dest sort facility DULLES, VA NEWARK, NJ Dec 11, 2007 10:08 PM Arrived at FedEx location 7:59 PM Left origin MAHWAH, NJ 4:03 PM Picked up NANUET, NY Signature proof E-mail results Track more shipments/ordef Subscribe to tracking updates (optional)

Your name: i Your e-mail address: 1 E-mail address Exception Deliv upda Language English E

i'English English uupdates [I E

'Eng lish Select format - HTML Text Wireless Add personal message:

Not available for Wireless or non-English characters. .

By selec t ing this check box and the Submit button, I agree to these Terms and El] Conditions http:i/fedex.com/Tracking/Detail?ftcstart uri =&totalPieceNum= &backTo= &templat... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 1 of 11 11 EXHIBIT C Sarah Wagner <sarahwagneresq@gmaiI.com>

FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al 11 messages Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:11 PM To: sarahwagneresq@gmail.com To: Palisadesart(Daol.com; mbs(courrocklandoffice.com; RichardBrodskycmsn.com CC: pbessetteia.morganlewis.com; ksutton*Dmorganlewis.com; SETanrc.gov

Subject:

Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al. Petition to Intervene From:. martin.o'neillmorganlewis.com Date: Wed, 19 Dec 2007 13:20:59 -0500 Ms. Shapiro and Mr. Brodsky:

This e-mail is a follow-up to our telephone conference call this afternoon that included you, Kathryn Sutton of Morgan Lewis, myself, and Sherwin Turk, Counsel for the NRC Staff. As we explained, we contacted you (and patched in Mr. Turk at his request) pursuant to 10 CFR 2.323 (b), which provides as follows:

"A motion must be rejected if it does not include a certification by the attorney or representative of the movingandparty that the proceeding resolve the movant issue(s) has made raised a sincere in the motion,effort to contact and that other parties the movant's efforts into the resolve the issue(s) have been unsuccessful."

As we further explained, we contacted youpursuant to Section 2.323(b) in anticipation of the need to file a motion to strike or dismiss the petition to intervene you filed initially on December 10, 2007, on behalf of WestCAN, PHASE, Sierra Club, and Mr. Brodsky in the Indian Point license renewal proceeding. We are contemplating the filing of such a motion because of numerous procedural deficiencies in your petition, principally missing and incomplete exhibits.

During the call, we further explained that we have not received complete copies of the exhibits associated with a separate filing you made on December 4, 2007, regarding the NRC's recent grant of a fire protection-related exemption for Indian Point.

As we discussed, we are providing you with the opportunity to furnish us with electronic copies of the missing items or exhibits by 5:00 pm today. As we agreed, we ask that you forward the missing documents to us by 5:00 PM today in a format that is accessible/user-friendly. In the past, certain electronic documents that you provided to us have proven to be inaccessible (i.e.,

files incapable of being opened or corrupted files). We ask that all exhibits be clearly labeled with the appropriate exhibit numbers. If you are unable to cure the deficiencies identified herein, we intend to file a motion to strike the petition.

Below is a listing of the documents which we have identified as missing or incomplete. In those cases where missing pages are identified below, we ask that you please provide a complete copy of the full document (not just the missing pages).

(1) WestCAN et al. "Objection to Grant of Exemption and License Amendment, Petition to Reopen for Consideration, Petition for Leave to Intervene and Request for Hearing, and http://mail.go og-le.com/maill/?ui=1&ik=06f3 1cd561&viewApt&th=1 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 2 of 11 Contentions" (Dec. 4. 2007).

  • Copies of all supporting exhibits (which we have not received to date).
  • Another copy of the petition itself (to ensure conformance between the Petition and exhibits).

(2) WestCAN et al. "Petition to Intervene with Contentions and Request for Hearing" (Initially filed December 10, 2007 by e-mail with subsequent hard copy received by Morgan Lewis on December 12, 2007).

Please address and/or correct the following specific deficiencies:

  • Contention 21 appears to be missing;
  • Exhibit K is missing pages36-116;
  • Exhibit Q. 1 is the "Second Declaration of Ulrich Witte," but the exhibit list notes that this should be the "FirstDeclaration of Ulrich Witte";
  • The pages for Exhibit V are out of order and missing Page 35;
  • Exhibit EE, "CRS Report to Congress - Nuclear Power Plant Vulnerability to Terrorist Attack," is missing;
  • The "Third Declaration of Ulrich Witte, Review of Contention 35", is marked as Exhibit 11.2, but is listed on the exhibit list as GG. 1;
  • -Exhibit HH, "NYS Notice to Intervene in Petition [sic]" appears to be missing;
  • The last page of Exhibit UU is not marked and does not appear to be related to the Declaration of J. Mangano;
  • Exhibit VV, "Quality Control - Whistleblower Letter" appears to be missing;
  • Exhibit XX, "Replacement Energy for Indian Point: How Much Do We Need?"

appears to be missing;

  • Exhibit EEE does not appear on the exhibit list, but appears to be the "Declaration of Susan H. Shapiro";

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 3 of 11 Petition, nor does it appear to exist; 0 There appear to be two exhibits labeled "Exhibit FP No. 5";

0 Exhibit FP No. 7 contains 10 blank pages;

  • Exhibit FP No. 9 does not appear to exist; 0 Exhibit FP No. 12 appears to be missing pages98-108; and
  • Exhibit FP Nos. 13-20 do not appear to exist.

We also ask that you provide us with the operative or current exhibit list. We note that the hard-copy exhibit list you provided is different than the one you provided electronically.

Specifically, the hard-copy exhibit list indicates that exhibit FF is "Replacing the Electricity at Indian Point - Nov. 5, 2007," exhibit WW is the "GAO Report - NRC liability Insurance," and exhibit JJJ is "Quality Control - Whistleblower Letter." However, the electronic copy of the exhibit list indicates that exhibit FF is "omitted." Exhibit WW is "blank" and does not mention Exhibit JJJ.

We appreciate your cooperation in this matter. Please contact Kathryn Sutton (202-739-5738) or me if.you have further questions.

Regards, Martin O'Neill, Counsel for Entergy Nuclear Operations, Inc.

Martin J. O'Neill M~organ, Lewis & Bockius LLP 1111 Pennsylvania.Ave., N.W. I Washington, DC, 20004 Tel: 202,739.5733 I Fax: 202.739.3001 martin.oneillgmorganlewiscom I www.morganlewis.com DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:12 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodskyOcmsn.com

" To: martin.o'neill(omorganlewis.com

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> Date: Wed, 19 Dec 2007 13:31:03 -0500 http://mail.google.com/mail/?ui=l &ik=06f3 1cd56 l&view=pt&th= 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 4 of 11

> Thank you for your e-mail. My e-mail to you obviously crossed with yours.

>R

[Q.;oted tex: hidden]

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:13 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodsky(Dmsn.com

> To: martin.o'neill (cmorganlewis.com; palisadesartaaol.com; mbs _ourrocklandoffice.com

> CC: pbessetteamorganlewis.com; ksuttonamorganlewis.com; setanrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> Date: Wed, 19 Dec 2007 13:41:37 -0500

Dear Mr. Lewis,

> A quick review of your e-mail reveals that your request for documents described as related to

>" (1) WestCAN et al. "Objection to Grant of Exemption and License Amendment, Petition to Reopen for Consideration, Petition for Leave to Intervene and Request for Hearing, and Contentions" (Dec. 4, 2007).

  • > Copies of all supporting exhibits (which we have not received to date).
  • > Another copy of the petition itself (to ensure conformance between the Petition and exhibits)."

> does not contain the promised specific list of papers you believe you have not received, although your parenthetical statement seems to ask only for such papers. Would you be so good as to clarify which such papers you wish to receive today?

> Best wishes,

> Richard Brodsky Susan Shapiro

[Quoted text hidden]

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:14 PM To: sarah <sarahwagneresq@gmail.com>

to: richardbrodsky(msn.com CC: ksuttoncmorganlewis.com; mbscourrocklandoffice.com; palisadesart@aol.com; pbessettec-morganlewis.com; setbnrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al From: martin.o'neill(-morganlewis.com Date: Wed, 19 Dec 2007 14:26:56 -0500 Mr. Brodsky:

Just to clarify, my name is Mr. O'Neill, not Mr. Lewis (no harm).

With respect to Item (1) (the December 4, 2007 fire protection-related filing), I have confirmed http://mail.google.com/mail/?ui= l &ik=06f3 1cd56 1&view=pt&th= 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 5 of 11 that we previously received a copy of the Petition and exhibits on compact disc, but that we encountered great difficulty in extracting the files from the disc (even with the aid of our IT department) in a comprehensible and usable format. As a result, Ms. Lemoncelli of our office contacted Ms. Shapiro, who I understand agreed to provide hard copies of that filing (including the exhibits). To date, and to our knowledge, we have not received the promised hard copies of the December 4, 2007, filing.

Because we would prefer that you focus on getting us electronic copies of the missing/incomplete exhibits associated with the December 10, 2007, petition to intervene by 5:00 pm today, we are amenable to you sending a hard copy of the December 4, 2007 filing and exhibits by FedEx (or comparable courier) for delivery to us this Friday morning (12/21). Please send to my attention. In other words, to ease your-burden, you need not send us the documents requested under Item.(1) today by e-mail.

However, we do ask that you still send us the documents requested under Item (2) re: the December 10th Petition today by e-mail.

Hope this clarifies things.

Regards, Marty O'Neill Martin J. O'Neill Mor~gan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W. IWashington, D.C. 20004 Tel: 202,739,5733 I Fax: 202.739,3001 martin.oneillkamorganlewis.com I www.mor-ganlewis.com "Richard Brodsky" <richardbrodsky@.msn.com> To martin.o'neillImorqanlewis.com, palisadesart(c.aol.com, 12/19/2007 01:41 PM mbscourrocklandoffice.com cc pbessette*.morganlewis.com, ksuttoncamornanlewis.com, setcnrc.go*

Subject RE: Indian Point License Renewal - Request by Entergy Counsel to Cu Deficiencies in WestCAN et al

[Quoted text hidden]

Richard Brodsky: <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:15 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodskyamsn.com

" To: martin.o'neillamorganlewis.com

> CC: ksuttoncamorganlewis.com; mbs(courrocklandoffice.com; palisadesartc-aol.com; pbessette(bmorganlewis.com; set(@nrc.qov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> Date: Wed, 19 Dec 2007 14:40:45 -0500

> Dear Mr. O'Neill; http ://mail.google.com/mail/?ui= 1&ik=06f3 1cd5 61 &view-pt&th= 117efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 6 of 11

> Thanks for your understanding. We believe we have a Fed Ex receipt for the previously sent second copy of the Item (1) materials, which we will get to you shortly, but we're glad to work out any uncertainties tomorrow as you suggest. You can also expect the Item (2) materials later today.

>R

  • > To: richardbrodskyDmsn.com

> > CC: ksutton(@morganlewis.com; mbsfourrocklandoffice.com; palisadesart(ýaol.com; pbessettef.morQanlewis.com; set(cnrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> > From: martin.o'neill(cmorganlewis.com

> > Date: Wed, 19 Dec 2007 14:26:56 -0500

> > Mr. Brodsky:

> > Just to clarify, my name is Mr. O'Neill, not Mr. Lewis (no harm).

> > With respect to-Item (1) (the December 4, 2007 fire protection-related filing), I have confirmed that we previously received a copy of the Petition and exhibits on compact disc, but that we encountered great difficulty in extracting the files from the disc (even with the aid of our IT department) in a comprehensible and usable format. As a result, Ms. Lemoncelli of our office contacted Ms. Shapiro, who I understand agreed to provide hard copies of that filing (including the exhibits)[ To date, and to our knowledge, we have not received the promised hard copies of the December 4, 2007, filing.

> > Because we would prefer that you focus on getting us electronic copies of the missing/incomplete exhibits associated with the December 10, 2007, petition to intervene by 5:00 pm today, we are amenable to you sending a hard copy of the December 4, 2007 filing and exhibits by FedEx (or comparable courier) for delivery to us this Friday morning (12/21). Please send to my attention. In other words, to ease your burden, you need not send us the documents requested under Item (1) today by e-mail.

> > However, we do ask that you still send us the documents requested under Item (2) re: the December 10th Petition today by e-mail.

>> Hope this clarifies things.

> > Regards,

> > Marty O'Neill

>> Martin J. O'Neill

>> Morgan, Lewis & Bockius LLP

>> 1111 PennsylvaniaAve., N.W. I Washington, D.C. 20004

> > Tel: 202.739.5733 I Fax: 202.739.3001

>> martin.oneill(amorganlewis.com i www.morganlewis.com

> > "Richard Brodsky" Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:16 PM To: sarah <sarahwagneresq@gmail.com>

http://mail.google.com/mail/?ui= 1&ik=06f3 Icd56 1&view=pt&th=1 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 7 of 11 To: richardbrodskyc',msrf.com CC: ksuttonamor-ganiewis.com; mbsaourrocklandoffice.com; palisadesart(Daol.com; pbessetteDmorganlewis.com; set(dnrc.qov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestC et al From: martin.o'neillkmorganlewis.com Date: Wed, 19 Dec 2007 14:43:09 -0500 Thank you.

Martin J. O'Neill Moran. Lewis & Bocidus LLP 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004 Tel: 202.739.5733 I Fax: 202.739.3001 martin.oneillt@morganlewis.com I www.morganlewis.com "Richard Brodsky" <richardbrodsky@msn.com> To martin.o'neill(d-)morganlewis.com 12/19/2007 02:40 PM cc ksutton*.morganlewis.com, mbs*..ourrocklandoffice.com, palisadesart*,aol.com, pbessettea.morganlewis.com, setanrc .gov Subject RE: Indian Point License Renewal - Request by Entergy Counsel to Cu Deficiencies in WestCAN et al

Dear Mr. O'Neill,

Thanks for your understanding. We believe we have a Fed Ex receipt for the previously sent second cop) the Item (1) materials, which we will get to you shortly, but we're glad to work out any uncertainties tomorrow as you suggest. You can also expect the Item (2) materials later today.

R

> To: richardbrodsky@msn.com

> CC: ksutton@morganlewis.com; mbs@ourrocklandoffice.com; palisadesart@aol.com; pbessette@morganlewis.

set@nrc .gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in Westt et al

> From: martin.o'neill@morganlewis.com

> Date: Wed, 19 Dec 2007 14:26:56 -0500

> Mr. Brodsky:

> Just to clarify, my name is Mr. O'Neill, not Mr. Lewis (no harm).

> With respect to Item (1) (the December 4, 2007 fire protection-related filing), I have confirmed that previously received a copy of the Petition and exhibits on compact disc, but that we encountered great difficulty in extracting the files from the disc (even with the aid of our IT department) in a comprehensible and usable format. As a result, Ms. Lemoncelli of our office contacted Ms. Shapiro, whc understand agreed to provide hard copies of that filing (including the exhibits). To date, and to oui knowledge, we have not received the promised hard copies of the December 4, 2007, filing.

> Because we would prefer that you focus on getting us electronic copies of the missing/incomplete exhi associated with the December 10, 2007, petition to intervene by 5:00 pm today, we are amenable to you sending a hard copy of the December 4, 2007 filing and exhibits by FedEx (or comparable courier) for delivery to us this Friday morning (12/21). Please send to my attention. In other words, to ease youx burden, you need not send us the documents requested under Item (1) today by e-mail.

> However, we do ask that you still send us the documents requested under Item (2) re: the December 1C Petition today by e-mail.

> hope this clarifies things.

> Regards, http://mail.google.com/mail/?ui= 1&ik=06f3 1cd561 &view-=pt&th=1 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal-- Request by Entergy Counsel to Cure Defici... Page 8 of 11

> Marty O'Neill

> Martin J. O'Neill

> Morgan, Lewis & Bockius LLP

> 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004

> Tel: 202.739.5733 1 Fax: 202.739.3001

> martin.oneill@morganlewis.cos I www.morganlewis.com

> "Richard Brodsky" DISCLAIMER This e-mail message is intended only for the personal use of the iecipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-fmail and delete the original message.

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:18 PM To: sarah <sarahwagneresq@gmail.com>

From: Palisadesart(oaol.com Date: Wed, 19 Dec 2007 15:57:07 -0500

Subject:

Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al. Petition to Intervene To: martin:o'neill(amorganlewis.com; RichardBrodsky~.msn.com; ksuttonamorganlewis.com; mbs(aourrocklandoffice.com; Palisadesart(Daol.com; pbessette(a.morganlewis.com; -

set(anrc.gov

Dear Mr. O'Neill,

All the various documents you've requested are now being e-mailed, as explained in the e-mails. Please understand that in providing them to you we do not concede that they were not fully and properly sent to you, or that clarifications of any questions could not have been raised earlier, as they were apparently raised yesterday with the NRC. Please also understand that we also do not concede any violations of any NRC rule or procedure, and that we do not view the 5 p.m. deadline as consistent with the letteror spirit of 10 CFR 2.323(b). But since we can provide the documents to you, we are glad to do so. If we can be of further assistance please let us know.

We are sending a combination of emails-with attachments and Usendit files.

Sincerely yours, RIchard Brodsky and Susan Shapiro (914 345-0432 See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoltopOO030000000 004).

http://mail.google.com/mail/?ui= 1&ik=06f31 cd561 &view=pt&th= 117efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Defici... Page 9 of 11 EXHIBITS 1218.zip 1864K Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:20 PM To: sarah <sarahwag neresq@gmail.com>

> From: richardbrodskyamsn.com

" To: martin..o'neill(amorganlewis.com; palisadesart(caol.com; mbst)ourrocklandoffice.com

> CC: pbessette(amorganlewis.com; ksuttoncmorganlewis.com; set(Cnrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> Date: Wed, 19 Dec 2007 16:59:23 -0500

Dear Mr. O'Neill,

> We have now completed transmission to you of the "missing" materials referenced in your e-mail. In addition, with the addendum to this e-mail, we have also clarified all other matters, with additional information about the renumbering of fire protection exhibits to be sent either later today or tomorrow. There are bound to be these kind of questions, and the rules do insist that we resolve them amicably. We are glad we could respond so quickly and would be pleased to do so if any other matters arise. Please confirm receipt of the documents e-mailed earlier today.

> Additionally we will be sending you a hard copy of all the emailed items, which you will receive on Friday morning December 21, 2008.

>R

> CONTENTION 21 was intentionally omitted

> Exhibit K was resent by USEND IT.

> Exhibit Q1 is correctly entitled "Second Declaration of Ulrich Witte", the "First Declaration of Ulrich Witte" is contained in Exhibit FP7.

> Exhibit V is was resent.

> Exhibit EE "CRS Report to Congress was resent

> Exhibit 112 is the "Third Declaration of Ulrich Witte, Review of Contention 35" Leak Before Break

> Exhibit GG2 is Declaration of U. Witte of Contention 14: Safety/Aging Management.

> Exhibit HH, "NYS Notice to Intervene in Petition [sic]" was resent.

> Exhibit UU the last page # 8. If there are any other pages they have been inadvertently included and should be omitted.

> Exhibit VV, "Quality Control - Whistleblower Letter" was resent.

> Exhibit XX, "Replacement Energy for Indian Point: How Much Do We Need?", was resent.

http://mail.google.com/mail/?ui=I&ik=06f3 1cd561 &view=pt&th= 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Def... Page 10 of 11

> Exhibit EEE the "Declaration of Susan H. Shapiro" has been included in the Table of Exhibits.

> Exhibit FP No.4 has been intentionally omitted.

> We do not note duplication of Exhibit FP No. 5 could you please clarify?

> Exhibit FP No. 7 was resent.

> Exhibit FP No. 9 was resent.

> We are resending Exhibits 12 -20, and are confirming the numbering, of these exhibits. A final numbering of these exhibits will be sent to you later tonight or tomorrow morning.

> We are sending you a courtesy copy of the Final ExhibitList and Table of Contents, which supercedes both the electronic and hard copy lists you have previously received.

> For clarification:

> Exhibit FE has been intentionally omitted and has been replaced by Exhibit X)

> Exhibit JJJ has been intentionally omitted and has been replaced by Exhibit V V.

> Exhibit WW is the GAO report, which has been resent.

> > To: Palisadesart(oaol.com; mbscýourrocklandoffice.com; RichardBrodsky@msn.com

> > CC: pbessette~cbmorganlewis.com; ksutton)morganlewis.com; SETdnrc.gov

Subject:

Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al. Petition to Intervene

[Quoted text hidden]

>> Martin J. O'Neill

>> Morgan, Lewis & Bockius LLP

> > 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004

> > Tel: 202.739.5733 1 Fax: 202.739.3001

> > martin.oneillcmorganlewis.com I www.morganlewis.com

  • > DISCLAIMER

> > This e-mail message is intended only for the personal

> > use of the recipient(s) named above. This message may

> > be an attorney-client communication and as such privileged

> > and confidential. If you are not an intended recipient,

> > you may not review, copy or distribute this message. If

> > you have received this communication. in error, please

> > notify us immediately by e-mail and delete the original

> > message.

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at.12:21 PM To: sarah <sarahwagneresq@gmail.com>

http://mail.google.com/mail/?ui= l&ik=06f31 cd56 l&view=pt&th=1 17efc55b26050d0&sear... 2/6/2008

Gmail - FW: Indian Point License Renewal -- Request by Entergy Counsel to Cure Def... Page 11. of 11

> From: richardbrodsky(Dmsn.com

> To: martin.o'neill@(.morganlewis.com; palisadesart~caol.com; mbs cDourrocklandoffice.com

" CC: pbessette(amorganlewis.com; ksutton~morganlewis.com; set(nrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al

> Date: Wed, 19 Dec 2007 17:00:38 -0500

[Quoted text hidden]

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:22 PM To: sarah <sarahwagneresq@gmail.com>

To: richardbrodskyvcmsn.co m CC: ksutton(omorqanlewis.com; mbsoourrocklandoffice.com; palisadesart(Daol.com; pbessette(Dmorganlewis.com; set(cnrc.gov

Subject:

RE: Indian Point License Renewal -- Request by Entergy Counsel to Cure Deficiencies in WestCAN et al From: martin.o'neillkmorganlewis.com Date: Wed, 19 Dec 2007 17:15:06 -0500 Thank you Mr. Brodsky. We are in the process of reviewing the various e-mail transmittals you have made. This will take some time. We appreciate your prompt response. At this point, I cannot represent that all electronic files you have sent are readily retrievable or accessible, but I will alert you to any potential problems as soon as I can.

Martin J. O'Neill Morgan. Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004 Tel: 202,739,5733 1 Fax: 202.739.3001 martin.oneilll.)morganlewis.com I www.morganlewis.com "Richard Brodsky" <richardbrodsky@msn.com> To martin.o'neill(a.moroanlewis.com, palisadesarttataol.com, 12/19/2007 04:59 PM mbslaourrocklandoffice.com CC pbessettearornqanlewis.com, ksuttonamorganlewis.com, setatnrc..oq Subject RE: Indian Point License Renewal - Request by Entergy Counsel to Cu Deficiencies in WestCAN et al Quoted text hidden]

Sarah Wagner <sarahwagneresq@gmai.com> Wed, Feb 6, 2008 at 4:53 PM To: "Palisadesart@aol.com" <Palisadesart@aol.com>

2.323(b)

[Qu'oted text hidden]

http://mail.google.com/mail/?ui= l&ik=06f3 1cd561 &view=pt&th= 117efc55b26050d0&sear... 2/6/2008

h2S0 1Ld~- 43 84371"721, HILTON B SHAPIRO pgGE 02 qffkek~m ga4.

Store, 0DS02471 135 R~oute 59 EXHIBIT D Customear lnfotfalomtOl SuS,;in Shapiro Nanu~~t, NY 10954 21 Periman Drive (845)627-2:L23 Spring t'ailey, NY'10977 Telephone; [845)371-2100 Employer: ODS02471 01TICEDepot Ship Date: 1.21201 .707 SKU price Recipient information UIPS Next Day Air $42.77 .Martin O'Nell Morgn, Letwis &,Botklts. LLP 1111 Penlsyiv~llio Ava NAv.W'smi-GIINTN-., DC2010C4 D13361000042778 MANWT;s 600 LOS aim: 12,00 ir X10=0 In, Y 9.00 In Zn: 1l03 Delivery- Date-UPSNext -Day Air -S $61.22 Sherwin Turk Nr(C - Office of General CouriOs..

mail Sto;).0-15-D-21 11.555 Rotkviiie Pike ROCKVrLLE, IvD 20$52 003773601 W0OOB72E IA taT: ISt00 B In. X 9,011in.

Zn: 10§ Deiivery Oale:

12/21/Z007 Total S10379 The quarante- 0oes not apply to UPS Groujnd cad UPS.Standird to Canada packagee plcked up oe sCheduled for d~llvery between Dec, 1.I and Dec. 24. Guarantees on shipments to countries other titan the US emalrn.

unichoanige belwFr tonai loIn or UPS caJendar go W hltp://Www~pro5rO Lýpý.tomip./hollda5P lenPdar.

  • I rnerntp-td Office Depot will ent De liable for damaoe to Iparcels improperly paCked.
  • 1 understanid hiet Office Depot wli not s*lp any hazarzous materlals. Please ace an omce Depot associare I, you nave any item In quetl*on,.

" Packing gidelilnes are avitilabie upon request at the shipping counter.

" I declare tIat the value of my parcel does not eyceed l;00 unlesS otnerwise tta&ed on this receipt and tile aorepraJite fte has been paid.

SAllclairms r lost or damaged parcels must he made at the same OS*,ce Depot locatIon that shipped :ha parcel,

. To ensure your packages are hipped your receipt must be validated when you pay and returned to the Copy Customer Slgn;etUre IMPORTANT INFORMATION REGARDING PACKING SHIPPING PROGRAM Your package can be tracked onrine at www.UP5.com Thursday, Decembe-r 20, 2007 16:17:32 PM

.0 2/E! 1'20 08 14: 43 8415-71 372: HILTON B 3HWFP1RD U4ri. II10.Nli-gINUIGU On d~

Trackiing Summary Tr*ckinq Nurmbe*rs Trackring Numbe,r 1Z 005 ORE 01 0001 401 9 Type: Package status: Delivered Dailvered On: IZ/21/2037 9:46 A.M.L Delivered To: ROCKI~'LLE, MD, US Signed By: HILLARD Serviep: NEXT DAY AIR Tracking results provided by UPS: 12121/2007 11:27 A.M. ET NOTICE, UPS.authorizee you to use UPS tracking systems solely to t-ack shi;rnents tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking system, and information in sttictly prohibited.

ElCIoie Window

-opyigh~t 50 99-200)ý Un~ted Pucrtb Soierif,,o Ameri-i, Inc. 0! rightS e~s&wved.

littp://vwwwapps.ups.com/WebTracking/printSummary?loc~en-US&page=summary... 12/21/2007

02/6-62008 14:43 5453713721 M'ILTON B SHAPIIPO Trackling Summary Trackini Numnbers Tracking Number: 1Z 00$ BRE 01 0001 400 0 Type: packk)pe Statjs: Delivered Delivered On: 12/21/2007 9:5 A.M.

Delivered To; WASHINGTON, DC, US Signed By: HALL Service: NEXT DAY AIR Tracking msuls provided by UPS: 12/21/2007 11:24 AýM. ST NOTICE: UPS authorizes you to use UPS tra-king tyslerms 5tlely tO "at.k shlpmrontu tendered by or for you to UPS for delivery and for no other purpose. Any other use of UPS tracking Vy*nems and Information is trictiy prohibited.

mCicse Window cory inrtk "' "'191 ý0Q) Vrit ez! PerreplOrieof Amm::r--u, Inc. All rightsriennrý-n0.

http://%wwapps.ups~com/WebTracking/printSummary?kycen-USpagemsummary... -12/21/2007

Gmail - FW: Indian Point Petitions Page I of 5 Sarah Wagner <sarahwagneresq@gmaiI.com>

7TA FW: Indian Point Petitions 8 messages Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:32 PM To: sarah <sarahwagneresq@gmail.com>

From: Palisadesartc-aol.com Date: Fri, 21 Dec 2007 01:02:09 -0500

Subject:

Indian Point Petitions To: setcnrc.gov; richardbrodskyDmsn.com UPS delivery is set for no later than 10:30 tomorrow morning, the Tracking # is 1Z0058RE0100014019.

Please confirm you have received it. Thank you.

Susan Shapiro and Richard Brodsky (845) 371-2100 See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoItopOO030000000 004)

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:33 PM To: sarah <sarahwagneresq@gmail.com>

From: Palisadesart(daol.com Date: Fri, 21 Dec 2007 01:02:04 -0500

Subject:

RE: Indian Point Petitions To: martin.o'neill~cmorganlewis.com; richardbrodsky(msn.com UPS delivery is set.for no later than 10:30 tomorrow morning, the Tracking # is 1Z0058RE0100014000.

Please confirm you have received it. Thank you.

Susan Shapiro and Richard Brodsky (845) 371-2100 See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoltop00030D00000 004) http://mail.google.com/mail/?ui=l &ik=06f3 lcd561&view=pt&th= 117f0b165c2645 52&sear... 2/7/2008

Gmail - FW: Indian Point Petitions Page 2 of 5 Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:35 PM To: sarah <sarahwagneresq@gmail.com>

To: Palisadesart(aaol.com CC: richardbrodsky(amsn.com; ksutton(ýmorganlewis.com; pbessette(@morganlewis.com

Subject:

RE: Indian Point Petitions From: martin.o'neill~cmorganlewis.com Date: Fri, 21 Dec 2007 11:18:10,-0500 We have received the package. Thank you.

Marty O'Neill Martin J. O'Neill Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004 Tel: 202,739.5733 1 Fax: 202.739,3001 martin.oneillacmorqanlewis.com I www.morganlewis.com Palisadesart@,aol.com 12/21/2007 01:02 AM To martin.o'neilk*,morqanlewis.com, richardbrodskyamsn.com cc Subject RE: Indian Point Petitions UPS delivery is set for no later than 10:30 tomorrow morning, the Tracking # is 1Z0058RE0100014000.

Please confirm you have received it. Thank you.

Susan Shapiro and Richard Brodsky (845) 371-2100 See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?

NCID=aoltop00030000000004)

DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:35 PM To: sarah <sarahwagneresq@gmail.com>

http://mail.cgoogle.com/mail/?ui= l&ik=06f31 cd561 &view-=pt&th=l 17f0b 165c264552&sear... 2/7/2008

Gmail - FW: Indian Point Petitions Page 3 of 5

> Date: Fri, 21 Dec 2007 11:42:43 -0500

> From: SETcnrc.gov

> To: Palisadesart~caol.com; richardbrodskyOmsn.com

Subject:

Re: Indian Point Petitions

> Thank you.

> The delivery has arrived; we're going through it now.

> Sherwin Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:36 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodskyDmsn.com

" To: martin.o'neillIcmorganlewis.com

Subject:

RE: Indian Point Petitions

> Date: Fri, 21 Dec 2007 13:51:41 -0500

> We're glad we wereable to respond to you concerns. Feel free to stay in touch if we can provide further information. Enjoy your holidays.

> Richard Brodsky Susan Shapiro

[Quotid text hidden]

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:36 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodsky(amsn.com

" To: set(Dnrc.gov

Subject:

RE: Indian Point Petitions

> Date: Fri, 21 Dec 2007 13:51:00 -0500

> We're glad we were able to respond to you concerns. Feel free to stay in touch if we can provide further information. Enjoy your holidays.

> Richard Brodsky Susan Shapiro

[Quoted text hidden]

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb.6, 2008 at 12:37 PM To: sarah <sarahwagneresq@gmail.com>

To: richardbrodsky@msn.com

Subject:

RE: Indian Point Petitions From: martin.o'neill(aDmorganlewis.com http ://mail.google.comrmail/?ui= l&ik=06f3 1cd56 1&view=pt&th=1 17fb 165c264552&sear... 2/7/2008

Gmail - FW: Indian Point Petitions Page 4 of 5 Date: Fri, 21 Dec 2007 14:28:02 -0500 Thanks again. Enjoy your holiday as well.

Martin J. O'Neill Morgan. Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W. IWashington, D.C, 20004 Tel: 202.739.5733 1Fax: 202.739.3001 martin.oneillImorganlewis.com I www.morganlewis.com "Richard Brodsky" <richardbrodsky@msn.com> To martin.o'neillacmorganiewis.com 12/21/2007 01:51 PM cc Subject RE: Indian Point Petitions We're glad we were able to respond to you concerns. Feel free to stay in touch if we can provide furth information. Enjoy your holidays.

Richard Brodsky Susan Shapiro

> To: Palisadesart@aol.com

> CC: richardbrodsky@msn.cor; ksutton@morganlewis.com; pbessette@morganlewis.com

Subject:

RE: Indian Point Petitions

> From: martin.o'neill@morganlewis.com

> Date: Fri, 21 Dec 2007 11:18:10 -0500

> We have received the package. Thank you.

> Marty O'Neill

> Martin J. O'Neill

> Morgan, Lewis & Bockius LLP

> 1111 Pennsylvania Ave., N.W. I Washington, D.C. 20004

> Tel: 202.739.5733 I Fax: 202.739.3001

> martin.oneill@morganlewis.com 1 www.morganlewis.com

> Palisadesart@aol.com

> 12/21/2007 01:02 AM

> To

> martin.o'neill@morganlewis.com, richardbrodsky@msn.com

> cc

> Subject

> RE: Indian Point Petitions

> UPS delivery is set for no later than 10:30 tomorrow morning,

> the Tracking # is 1Z0058RE0100014000.

> Please confirm you have received it. Thank you.

> Susan Shapiro and Richard Brodsky

> (845) 371-2100

> ** ** *** * *** * **** ***** * * ****0

> See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoltopO0030000000004) http://mail.google.com/mail/?ui= l&ik=06f3 lcd561 &view=pt&th= 117f0b 165c264552&sear... 2/7/2008

Gmail - FW: Indian Point Petitions Page 5 of 5

> DISCLAIMER

> This e-mail message is intended only for the personal

> use of the recipient(s) named above. This message may

> be an attorney-client communication and as such privileged

> and confidential. If you are not an intended recipient,

> you may not review, copy or distribute this message. If

> you have received this communication in error, please

> notify us immediately by e-mail and delete the original

> message.

DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

Sarah Wagner <sarahwagneresq@gmaiI.com> Wed, Feb 6, 2008 at 4:40 PM To: "Palisadesart@aol.com" <Palisadesart@aol.com>

An email Richard had.

I'll be sending more.

[Quoted text hidden]

http://mail.google.com/mail/?ui= 1&ik=06f3 1cd561 &view=pt&th= 117f~b 165c264552&sear... 2/7/2008

'mail - FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, Page 1 of 5 EXHIBIT E Sarah Wagner <sarahwagneresq@gmail.com>

FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, PHASE 4 messages Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:38 PM To: sarah <sarahwag neresq@gmail.com>

From: Palisadesart aol.com Date: Fri, 28 Dec 2007 16:45:24 -0500

Subject:

Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, PHASE To: secycnrc.gov; chairmananrc.gov; hearingdocketcnrc.gov; ocaamailanrc.gov; gmml nrc.gov; rew(@nrc.gov; kdl2@nrc.qov; RoycePenstingercDaol.com; set@nrc.qgov; Ibs3(nrc.gov; ZXKl(cnrc.gov; ksuttoncmorganlewis.com; pbessetteomorganiewis.com; dcurran(aharmoncurran.com; iohn.sipos(coaq.state. ny us; robert.snookpo.state.ct.us; phillip(criverkeeper.org; mannaioclearwater.orq; richardbrodskybmsn.com; ulrich u lrichwitte.com; Palisadesartcaol. com Richard Brodsky, Esq. 21 Perlman Drive Susan H, Shapiro, Esq. Spring Valley, NY 10977 Attorneys at Law (845) 371-2100 tel (845) 371-3721 fax mbs )ourrocklandoffice.com 12/27/07 RE: Petition for Leave to Intervene with Contentions and Request for Hearing by WestCAN.RCCA, PHASE, SIERRA CLUB and Assemblyman Richard Brodsky, : RE: Indian Point Docket Nos 50-247-LR and 50-286-LR ASLB No. 07-858-03-LR-DBO1, DPR 26 and DPR 64

Dear Parties:

Upon the request of Mr. O'Neill of Morgan Lewis & Bockius, LLP and Mr. Sherwin Turk of the NRC we are clarifying and resending the following attached exhibits:

Fire Protection Exhibits 1 -20 Exhibits J, K, V, EE, HH, WW, XX, and JJJ Also included are revised Table of Contents of the Contentions, Table of Contents of Exhibits and Table of Contents of Fire Protection Exhibits.

You will be receiving them by YouSentlt because the files are very large. The link is http:H/download.vousendit.com/l 8E3286C466B302A.

If you have any further questions or would like hard copies of any or all of these exhibits please contact us.

Happy Holidays.

Sincerely yours, http ://mail.google.comr/mail/?ui= 1&ik=06f3 lcd56 1&view=pt&th= 17f56359517daea&sear... 2/7/2008

'Gmail - FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, ... Page 2 of 5 Susan Shapiro and Richard Brodsky See AOL's top rated recipes (http:I/food.aol.com/top-rated-recipes?NClD=aoltop00030000000 004)

Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:38 PM To: sarah <sarahwagneresq@gmail.com>

> Date: Fri, 28 Dec 2007 17:42:59 -0500

> From: SET(5_nrc.gov

> To: PalisadesartP.aol.com; richardbrodskycýmsn.com

> CC: NancyBurtonCTL-aol.com; roycepenstingeraaol.com; kremer-area-alliance.org; brodskr~assembly.state.ny. us; vobabestweb.net; mannaioa-clearwater.orq; wdennishentergy.com;

  • lmatthegw.dec.state.ny. us; dcurranDharmoncurran.com; ksuttonPmorganlewis.com; martin.o'neilk~morganlewis.com; pbessetteDmorganIewis.com; BMP nrc.gov; BNM1 .TWGWPOO1.HQGWDO01 (@nrc.go ; BPN1 .TWGWPOO1 .HQGWDO01 .nrc.gov; CCC1.OWGWPOO3.HQGWDO0 1(@nrc.gov; DER.TWGWPO03.HQGWDO01 @nrc.gov; HearingDocketanrc.gov; IPNonPublicHearingFile(anrc.gov; KAS2.TWGWPOO2.HQGWDOO1 cnrc.gov; KDL2@nrc.gov; LBS3.TWGWPO02. HQGWDO01 L)nrc. gov; LGM1 (@nrc.gov; OCAAMAIL(anrc.go; REWanrc.gov; ZXK1l)nrc.gov; mdelaney(aŽnycedc.com; John. Sipos(doag. state. ny. us; mbsdourrocklandoffice.com; Robert.Snook5po.state.ct. us; phillipD(riverkeeper.org; vtafur(__uriverkeeper.orq; aikremer@rmfpc.com; driesel@sprlaw.com; isteinberg(Dsprlaw.com; idp3(cwestchestergov.com; fuse usa(cyahoo.com

Subject:

Re: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, PHASE

Dear Ms. Shapiro and Mr. Brodsky:

" I just received your E-mail message, dated December 27 but sent today,

> December 28, at 4:46 PM, from Ms. Shapiro's "Palisadesart" E-mail

> address.

> Your message incorrectly states that you are '"clarifying and resending

> the following attached exhibits" upon my request, in part. Let's be

> clear.

> You had previously sent the NRC Staff your petition to intervene and

> exhibits by E-mail on December 10, followed by the delivery-of a CD

> containing the exhibits. You did not serve the Staff with a paper copy

> of your exhibits. We found we couldnot open numerous electronic files

> containing your exhibits, as they were corrupt and could not be

> accessed; many other exhibits were missing or incomplete. In our

> telephone conference call with you and Entergy's Counsel on December 19,

> you committed to send the Staff a complete paper copy of your petition

> and all exhibits, along with a correct table of exhibits, for delivery

> on Friday morning, December 21. You made other commitments to Entergy's

" Counsel, promising to send them certain materials by E-mail that day, to

> rectify the problems they had encountered with your exhibits. In

> return, both Entergy's attorneys and I indicated we would not file

> motions to strike, subject to our receipt of the promised materials

> within the agreed time. The Staff received your delivery on Friday,

> December 21, as promised. I did not request anything other than that.

http://mail.google.com/mail/?ui=l &ik=06f3 1cd561 &view=pt&th=l 17f56359517daea&sear... 2/7/2008

"Gmail - FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, Peo Page 3 of 5

" I do not understand what you are attempting to file now, or whether it

> differs in any way from the paper copy we received from you on December

> 21. If you are filing anything else now, you are late. You are also

> late in trying to supplement or rectify your previous filings, without

> seeking leave to do so. Further, due to the numerous problems we have

> encountered with your electronic filings in the past several months, we

> will not even attempt to open your latest electronic files. Proper

> service requires a paper copy; your E-mail message and electronic

> transmissions do not constitute proper service.

> We do not have time, nor should we have to sort through your repeated

> bulk mailings to try to determine what is new or different from your

> previous filings. If your latest E-mail messages and electronic contain

> anything different from the paper copy that you delivered to us on

> December 21, please advise me immediately, identifying any such changes.

> Thank you.

> Sincerely,

> Sherwin Turk

> Counsel for NRC Staff Richard Brodsky <richardbrodsky@msn.com> Wed, Feb 6, 2008 at 12:47 PM To: sarah <sarahwagneresq@gmail.com>

> From: richardbrodskyamsn.com

> To: setDnrc.gov; palisadesartDaol.com

> CC: nancyburtonctoaol.com; kremeraarea-alliance.org; brodskrpassembly.state. ny.us; vobc.bestweb.net; mannaio(c.clearwater.org; wdennisDentergy.com; ilmatthepgw.dec.state. ny. us; dcurranDharmoncurran.com; ksuttono)_morganlewis.com; martin.o'neill(cmorganlewis.com; pbessetteamorganlewis.com; bmpdnrc.qov; bnml.twgwpo01 .hqgwdo01@nrc.gov; bpnl .twgwpoOl .hqgwdo01@cnrc.gov; cccl .owgwpo03.hqgwdoOlnrc.gov; der.twgwpo03.hqgwdoO1anrc.gov; elw2anrc.gov; hearingdocket*nrc.gov; ipnonpublichearingfileanrc.gov; kas2.twgwpo02.hqgwdoO01 @.nrc.gov; kdl2@nrc.gov; lbs3.twgwpo02.hqgwdo0l @nrc.gov; Igml (@nrc.gov; ocaamailknrc.gov; rew*.nrc.gov; zxkl Dnrc.gov; mdelaneyvcnycedc.com; john.sipos~.oag. state. ny. us; mbsoourrocklandoffice.com; robert.snook(Dpo.state.ct.us; phillip(E.riverkeeper.org; vtafurp~riverkeeper.org; ajkremer~crmfpc.com; drieseldsprlaw.com; isteinberg(.sprlaw.com; idp3@westchesterqov.com; fuse usa(byahoo.com

Subject:

RE: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, PHASE

> Date: Mon, 31 Dec 2007 15:14:23 -0500

Dear Mr. Turk:

> Thank you for your e-mail of earlier today. Although we do not believe our earlier answer to be incomplete, we are glad to walk you through our continuing efforts to meet the demands made jointly and severally by you, and by counsel to Entergy.

> As we explained earlier today. the e-mail on the 28th is identical to the December 21 documents; you received the 28th transmission as part of a wide distribution to all parties.

> As to the differences between the 12/10 transmission and the 12/21-28 transmissions, those differences were specifically set forth in our response to letters sent to us by counsel to Entergy after your discussions with them, and in letters part of the later transmissions, both of which you received in a timely manner.

htt-o://mail.google.com/mail/?ui= 1&ik=06f3 1cd561 &view=pt&th= 117f56359517daea&sear... 2/7/2008

-Gmail - FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, ... Page 4 of 5

> Again, the 12/21 exhibits differed from the 12/10 exhibits in minor ways, such as replacing missing or mis-ordered pages and formatting concerns, but to prevent confusion we reprinted and redistributed the exhibits at issue in their entirety.

> And, again, the following is the lists of the Exhibits re-sent for clarification:

> Fire Protection Exhibits 1-20

> Exhibits J, K, V, EE, HH, WW, XX and JJJ

> Additionally as a courtesy we included Table of Contents of the Contentions, Exhibts and Fire Protection Exhibit.

> While we may be misreading the tone and substance of your e-mails, and we are glad to work with you to insure that the spirit and wording of the Commission rules are met, may we suggest that our responses have been speedy and effective, the changes and clarifications were not profound in scope or portent, and that the goal is to join issue on important substantive questions 'of public health and safety.

> Best wishes,

> Richard Brodsky Susan Shapiro

> > Date: Mon, 31 Dec 2007 13:13:58 -0500

> > From: SET)nrc.gov

> > To: palisadesart~aol.com; richardbrodsky(dmsn.com

> > CC: NancyBurtonCTa-aol.com; kremer(Darea-alliance.orgi; brodskrDassembly.state.ny.us; vob(Dbestweb.net; mannaio(oclearwater.org; wdennis(Dentergy.com; ilmatthe*gw.dec.state.ny. us; dcurran~charmoncurran.com; ksuttoncmorganlewis.com; martin.o'neill(*,morganlewis.com; pbessette@morganlewis.com; BMP(anrc.gov; BNM I.TWGWPOO1 .HQGWDO01 @nrc.gov0; BPN 1 .TWGWPOO1. HQGWDO01 *,nrc.gov; CCC1 .OWGWPOO3. HQGWDO01 (Cnrc.gov; DER.TWGWPO03.HQGWDOOI@nrc.gov; ELW2@nrc.gov; HearingDocket(dnrc.gov; IPNonPublicHearingFileanrc.gov; KAS2.TWGWPOO2.HQGWDO01@ nrc.gov; KDL2(dnrc.gov; LBS3.TWGWPOO2.HQGWDO01(a)nrc.gov; LGMl})nrc.gov; OCAAMAILLnrc.gov; RW@*nmcgoy; ZXK1ldŽnrc.gov; mdelaneyacnycedc.com; John.Siposdoaq.state.ny.us; mbsaourrocklandoffice.com; Robert.Snooka-po.state.ct. us; phillipa-riverkeeper.org; vtafurc)riverkeeper.org; aikremer(@rmfpc.com; drieseltsprlaw.com; jsteinberqgsprlaw.com; idp3@westchestergov.com; fuse usa(vyahoo.com

Subject:

RE: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, PHASE

> > Mr. Brodsky and Ms. Shapiro:

> > I have received your E-mail response, transmitted at 11:07 this

> > morning, to my E-mail message of December 28.

> > Your response is incomplete. I did notsee in your message any.

>> response to my specific question as to whether your E-mail transmission

> > of documents on December 28 is identical to, or is somehow different

> > from, the paper copies of exhibits which you delivered to the NRC Staff

> > on December 21. Also, your E-mail message transmission of December 28

> > omits any indication of whether (and if so, how) that transmission of

> > documents differs from the Petition and Exhibits you served on December

> > 10. These clarifications were required by the Licensing Board's Order

> > of November 29, 2007, regarding the filing of confusing / duplicative

  • > filings.

> > I hope that your response to this message will resolve these questions

> > in full.

http://mail.google.com/mail/?ui= 1&ik=06f3 1cd561 &view-pt&th=l 17f5 6359517daea&sear... 2/7/2008

Gmail - FW: Exhibit Clarification - Petition to Intervene WestCAN, RCCA, Sierra Club, Page 5 of 5

  • > Counsel for NRC Staff Sarah Wagner <sarahwagneresq@gmail.com> Thu, Feb 7, 2008 at 2:33 PM To: Ulrich Witte <ulrich@ulrichwitte.com>

[Quoted text hidden]

http://mail.google.com/mail/?ui= 1&ik=06f3 1cd561 &view=pt&th=l1 7f56359517daea&sear... 2/7/2008

QGmail - list of exhibits dec 28.jpg Page 1 of 1

__Open 7 .2 Wok in: j4 exhibits for Clarification V ýM

  • Name , Date modified Type Size Tags 7lUExhibit FP No 1 .pdf Recent Places _-2Exhibit FP No, 2 -oig-report-nrc-acceptance-thermo-lag (2),pdf 3 Exhibit FP No 3.pdf 4Exhibit FP no 4 .pdf Desktop 15Exhibit FP No 5.pdf

..lCExhibit fp no 6,pdf 1.,*17Exhibit FP No. 7signeddeclaration.pdf

  • 7 Exhibit FP no 7 UlrichKonradWitte resume.pdf IUirich K, Witte 68Exhibit FP no 8.pdf
  • l9gExhibit Fp-no 9 supplemental draw.ing;pdf

, ý9Exh b t FP No 9,pdf--AdobeAcrobatProfession~pdf

. omputer P,;0exhibit FP no10.pdf

,iExhibit FP no'l1,pdf "162*Exhibf- FP No. 12 Pogo letter pdf i.3 Exhibit FP no I3.pdf 4

Netivork:

  • ,_14Exhibit FP no 14 CCIEP ,pdf

ý 155Exhibit FP No 1'5pdf Si.'16exhibit FP no 16 manual actions.pdlf 17 Exhibits FP no 17 18 19 ,pdf i',20 Exhibit FP no 20,pdf RiF4 21Exhibit J.pdf

! _2Exhib it K pdf

. ,ý-T223.Exhibt VSynpase Study.pdf E24Exhibit EE CRS Vulnerability to Terrorist Attackpdf

-t_124ExhibitEECCIEP~pdf 725Exhibit HH NYS Notice of Intention to Participate and Petition to Interpdf r.26 Exhibit WW GAO-04-654,pdf

,* 27 Exhibit XX Replacement Energy copy~doc 728 Exhibit JJJ, pdf

_Table of Contents - Exhibitspdf

¶TABLE OF CONTENTS- Contentions. df t'Table of ContentsExhibitFPN.pdf

'K; s e f,OL

'~M 2> ~ 2

'4

- 4.

I http://mail.google.com/mail/?ui= 1&realattid=0.1 &attid=0.1 &disp=inline&view=att&th= 11... 2/7/2008

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 Answer and Affidavits dated February 11, 2008, have been served upon the following by electronic mail where email address provi. thi!of February, 2008 and a signed original and two paper copies have been deposit* . I. y overnight service on the Office of the Secretary, U.S. Nuclear Regula ry, Sixteenth Floor, One Flint North, 11555 Rockville Pike Rockville, Maryland 20852: I441 Lawrence G. McDade, Chair Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Mail Stop: O-16G4 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Email: OCAAMAIL(anrc.qov E-mail: LGM1@tnrc..qov -

Dr. Richard E. Wardwell Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23 Mail Stop: O-16G4 U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-mail: REWa)nrc..qov Email: HEARINGDOCKET(dnrc.gov Dr. Kaye D. Lathrop Zachary S. Kahn, Law Clerk Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 190 Cedar Lane E. Mail Stop - T-3 F23 Ridgeway, CO 81432 U. S. Nuclear Regulatory Commission E-mail: KDL2@nrc.gov Washington, D.C. 20555-0001 Email: ZXK1 c@nrc.gov Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Mail Stop - T-3 F23

2 Washington, D.C. 20555-70001 William C. Dennis, Esq.

Manna Jo Greene Assistant General Counsel Hudson River Sloop Clearwater, Inc.

Entergy Nuclear Operations, Inc. 112 Little Market Street 440 Hamilton Avenue Poughkeepsie, NY 12601 White Plains, NY 10601 Email: Mannaio(@clearwater.org Email: wdennis(aenterqy.com Sherwin.turkonrc.gov Beth.mizuno()nrc.,qov Kathryn M. Sutton, Esq. Justin D. Pruyne, Esq.

Paul M. Bessette, Esq. Assistant County Attorney Martin J. O'Neill, Esq. Office of the Westchester County Attorney Morgan, Lewis & Bockius, LLP 148 Martine Avenue, 6 th Floor 1111 Pennsylvania Avenue, NW White Plains, NY 10601 Washington, D.C. 20004 E-mail: idp3(cwestchestergov.com E-mail: ksutton(),morcqanlewis.com E-mail: pbessette(amorganlewis.com Daniel E. O'Neill, Mayor E-mail: martin.o'neill()morganlewis.com James Seirmarco, M.S.

Village of Buchanan Michael J. Delaney, Esq. Municipal Building Vice President - Energy Department Buchanan, NY 10511-1298 New York City Economic Development E-mail: vob(abestweb.net Corporation (NYCDEC) 110 William Street John J. Sipos, Esq.

New York, NY 10038 Charlie Donaldson, Esq.

E-mail: mdelaney()nycedc.com Assistants Attorney General New York State Department of Law John LeKay Environmental Protection Bureau FUSE USA The Capitol 351 Dyckman Street Albany, NY 12224 Peekskill, NY 10566 E-mail: iohn.sipos(coag.state.ny.us E-mail: fuse usa()yahoo.com Arthur J. Kremer, Chairman Joan Leary Matthews, Esq.

New York Affordable Reliable Electricity Senior Attorney for Special Projects Alliance (AREA) New York State Department of 347 Fifth Avenue, Suite 508 Environmental Conservation New York, NY 10016 Office of the General Counsel E-mail: aikremer(,rmfp.com 625 Broadway, 1 4 th Floor kremer(a.area-alliance.orq Albany, NY 12233-1500 E-mail: ilmatthe(Dqw.dec.state.ny.us Diane Curran, Esq.

3 Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street, NW, Suite 600 Washington, D.C. 20036 E-mail: dcurran(oharmoncurran.com Robert Snook, Esq. Victor Tafur, Esq.

Office of the Attorney General Phillip Musegaas, Esq.

State of Connecticut Riverkeeper, Inc.

55 Elm Street 828 South Broadway P.O. Box 120 Tarrytown, NY 10591 Hartford, CT 06141-0120 E-mail: phillip(d.riverkeeper.org E-mail: robert.snook(apo.state.ct.us vtafur(Driverkeeper.orgq Daniel Riesel, Esq.

Thomas F. Wood, Esq.,

Ms. Jessica Steinberg, J.D.

Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 E-mail: drieselksprlaw.com Elise N. Zoli, Esq.

isteinbercqisprlaw.com Goodwin Procter, LLP Exchange Place Ms. Nancy Burtop 53 State Street 147 Cross Highway Boston, MA 02109 Redding Ridge, CT 06876 E-mail: ezolia~aoodwinDrocter.com E-mail: nancvburtonctDaol.com Kimberly A. Sexton Janice A. Dean Counsel for NRC Staff Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Office of the General Counsel 120 Broadway, 2 6 th Floor Washington, D.C. 20555 New York, NY 10271 E-mail: kimberly.sextonc)nrc.cov E-mail: ianice.deant.oaa.state.nv.us Christopher C. Chandler U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, D.C. 20555 E-mail: christopher.chandlerCnrc.gov Sarah L. Wa ne'r, Esq.

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