ML080850714
| ML080850714 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/20/2008 |
| From: | Wagner S Public Health & Sustainable Energy (PHASE), Rockland County Conservation Association, Sierra Club, Atlantic Chapter, State of NY, State Assembly, Westchester Citizens Awarenesss Network (WestCAN) |
| To: | Lathrop K, Lawrence Mcdade, Wardell R Atomic Safety and Licensing Board Panel |
| SECYRAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS-E-29 | |
| Download: ML080850714 (15) | |
Text
R~~L-- -9j DOCKETED THE ASSEMBLY USNRC STATE OF NEW YORK March 20, 2008 (2:00Pm)
ALBANY OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF RICHARD L. BRODSKY CHAIRMAN Committee on Westchester County Corporations, Authorities and Commissions March 20, 2008 Lawrence G. McDade, Chair Dr. Kaye Lathrop Atomic Safety and Licensing Board Administrative Judge Mail Stop--T-3 F23 Atomic Safety and Licensing Board Two White Flint North 190 Cedar Lane E.
11545 Rockville Pike Ridgway, CO 81432 Rockville, MD 20852-2738 Richard E. Wardell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop-T-3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Re: License Renewal Application submitted by Entergy Indian Point Unit 2, LLC, Entergy Indian Point Unit 3, LLC, and Entergy Nuclear Operations, Inc. for Indian Point Nuclear Generating Station, Unit 2 and 3 Docket Nos. 50-247-LR/50-286-LR; ASLB No. 07-858-03-LR-BDO1
Dear Administrative Judges:
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") submit this letter in response to the Atomic Safety and Licensing Board (hereinafter "ASLB" or "Board") Order of February 29, 2008.
In the February 29, 2008 decision, the ASLB held that Petitioners WestCAN et. al.
unsuccessfully demonstrated to the Board that the documents referenced in Appendix B in the ASLB Order of February 1, 2008 (hereinafter "exhibits") were not properly submitted and served, and thus will not be considered -by the Board.
I See attachment 1 for a list of exhibits questioned by the ASLB Order February 1, 2008.
ALBANY OFFICE: Room 422, Legislative Office Building, Albany, New York 12248 (518) 455-5753 DISTRICT OFFICE: 5 West Main Street, Ste. 205, Elmsford, New York 10523 (914) 345-0432 EMAIL: brodskr@assembly.state.ny.us
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The majority of the exhibits listed by the Board's Order of February 1, 2008 are readily available public documents; the Board should consider these exhibits in support of the admissibility of Petitioners' contentions. 2 Petitioners' understanding of NRC protocol provides that participant in NRC proceedings are obligated to append, attach, annex exhibits to its' brief that are readily available in the public domain because it would cause undue burden to parties.
Furthermore, when Petitioners' questioned Entergy's omission of exhibits with its Answer of January 22, 2008, Entergy's'counsel informed Petitioners that they were not required to append or attach "documents readily available in the public domain." (See attachment 2, email correspondence dated February 14, 2008 between Ms. Wagner and Mr. O'Neill). Mr. O'Neill further stated that "[t]he Commission no doubt expects litigants to familiarize themselves with the NRC public document sources and become proficient in their use." (Attachment 2).
Alternatively, Petitioners submit that the exhibits not served on Petitioners, must similarly be excluded from the Board decision.
Therefore, Petitioners respectfully request that the ASLB admit and consider the exhibits that are publicly available that the Board excluded in its decision February 29, 2008.
Respectfully submitted, Sarah L. Wagner cc: service list 2 The only exhibits that are not publicly available are Exhibit GG. I - Declaration of Ulrich Witte for Contention 14:
Safety/Aging Management, exhibit SS: Notes from 8/30/07 Conference Call Regarding Dry Cask Storage at IP, Exhibit LLL: Richard Brodsky's Declaration, Fire Protection exhibit No. 7: Declaration of Ulrich Witte.
2
ATTACHMENT 1
ATTACHMENT 1 Petitioners' Appendix B Exhibits referenced in the ASLB Order of February 1, 2008 Exhibit K: Safety Evaluations by the Division of Reactor Licensing Unit 2 Nov 16, 1970, Exhibit K Supplement, Appendix A pages 1-7; Exhibit T (omitted by Petitioners);
Exhibit U (omitted by Petitioners);
Exhibit X: Memorandum of Chairman Diaz of April 25, 2003; Exhibit Y: Status of Decommissioning Funding for Plants March 25, 2005; Exhibit Z: Federal Register, August 1, 2007; Exhibit AA: H.R. 994: To Require the NRC to conduct an ISA; Exhibit BB: Notice of Availability of the Final License Renewal Interim Staff Guidance Augustl4, 2007; Exhibit CC: NRC Regulatory Issue Summary 2003-09 Environmental Qualification of Low Voltage Instrumentation and Control Cables, May 2, 2003; Exhibit DD: Entergy Replacement Reactor Vessel Head, Doosan Heavy Industries Co.;
Exhibit EE: CRS Report to Congress-Nuclear Power Plant Vulnerability to Terrorist Attack; Exhibit FF (omitted by Petitioners);
Exhibit HH: NYS Notice to Intervene in Petition; Exhibit JJ: Entergy Questionnaire 7/31/06: Groundwater Protection Baseline Info IPEC 1, 2, & 3; i
Exhibit KK: Indian Point 2 2Q/2007 Plant Inspection Findings; Exhibit LL: Declaration of Gordon Thompson in Support of Petitioner's Concern; Exhibit MM: Gordon Thompson: Robust Storage of Spent Nuclear Fuels; Exhibit 00: James Lee Witt Associates - Executive Summary: Review of Emergency Preparedness IP/ Millstone 2003; Exhibit PP: POGO on Nuclear Security Act: Exhibit; Exhibit SS: Notes from 8/30/07 Conference Call RegardingDry Cask Storage at Indian Point; Exhibit XX: Replacement Energy for Indian Point: How Much Do We Need?;
Exhibit LLL: Richard Brodsky's Declaration; 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 a199)
FP No. 7: "First Declaration of Ulrich Witte";
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; 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; FP No. 11: "United States Nuclear Regulatory Commission Office Of Nuclear Reactor Regulation Office Of Nuclear Material Safety And Safeguards Washington D.C. 20555-ii
0001 April 1, 2005 INFORMATION NOTICE 2005-07: Results Of Hemyc Electrical Raceway Fire Barrier System Full Scale Fire Testing.");
FP No. 12: December 9, 2003, POGO Letter to NRC Chairman Nils Diaz; 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.;
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 SECY(&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; 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, Science, and Industry Division; FP No. 20: NUREG-1852 Demonstrating the Feasibility and Reliability of Operator Manual Actions in Response to Fire Final Report U.S. Nuclear Regulatory Commission, Office of Nuclear Regulatory Research, Washington, DC 20555-0001);
iii
ATTACHMENT 2
Forwarded message------
From: Richard Brodsky <richardbrodskv@msn.com>
Date: Feb 15, 2008 11:02 AM
Subject:
FW: Indian Point Exhibits Request 2.14.08 To: sarah <sarahwagneresqc(agmail.com>
To: sarahwagneresq.ugmail.comn CC: ksutton~morganlewis.com; Pal isadesart(5,aol.conm; pbessetteamorganlew is.com; richardbrodskvOimsn.com; setdnrc.gov; Sherwin.turk~y~nrc.gov; uilrichuIh'li chwitte.com
Subject:
Re: Indian Point Exhibits Request 2.14.08 From: martin.o'neilh*_morgan lewi S.com Date: Thu, 14 Feb 2008 19:33:33 -0500
Dear Ms. Wagner:
This e-mail is in response to your statements and requests below. First, I must emphasize that we did not deliberately or inadvertently omit from our answer the documents which you appear to believe Entergy should have been provided as exhibits (or any other documents for that matter). All of the references that you have identified are publicly available documents, and can be readily obtained (as shown below) from the NRC (ADAMS, the NRC Electronic Hearing Docket, or the NRC's Public Document Room), or from other public websites. Indeed, we obtained the majority of the documents you refer to below from precisely those sources. Neither Entergy nor any other participant in this proceeding is obligated to append, as exhibits or attachments to its brief, documents that are readily available in the public domain. I know this from my experience in prior NRC proceedings. Indeed, such a requirement would impose an unnecessary and undue burden on all litigants. The Commission no doubt expects litigants to familiarize themselves with the NRC public document sources and to become proficient in their use.
Based upon our review of your e-mail, it appears that you seek the following documents. Generously, I have provided links to the references documents.
(1) January 11, 2008, ASLB Order Denying Pilgrim Watch's Motion for Reconsideration (see ADAMS Accession Number ML080110358).
(2) Federal Register Notices for the Entergy indirect license transfer proceedings, 73 Fed. Reg. 2948-58 (Jan. 16, 2008) (available through http:!/www.vtpoaccess.gov!fi'index.html)
(3) NRC Office Instruction LIC-100, Rev. 1 (Jan. 2004) (see ADAMS Accession Nos. ML072000067 and ML010660227).
(4) NEI-95-10. It is not clear to me that Entergy even cited this document in its answer. It' may have been cited by WestCAN et al. In any case, it is available at http ://,A~w-. nrc.e.ov/reactors/operatiic/l icensin c/renewali/u id-inceinei95-IOrev3.pdf.
(5) GSI-168 - Again, this is document cited by, and apparently relied upon, by WestCAN -- not Entergy. To the extent our answer mentions this document, it is merely in reference to your petition's citation to the document. Any publicly available information related to GSI-168 should be available through ADAMS/NRC website.
(6) RIS-2003 This is another document referenced by WestCAN. In any case, it is available at httrp://wwxv.n rc. ov/read inŽ-rri/doc-collectionsioen-comm/reo-issuesl/2003/.
(7) January 4, 2008 Letter (NL-08-006) from Entergy to NRC (see ADAMS Accession No. ML080110372).
(8) NUREG/CR-6936, WCAP-10977, and WCAP-10931. These are documents thatwere relied upon by WestCAN, not Entergy. Again, to the extent we reference them, we do so simply in reference to your petition. In any case, the NUREG is available at htip://www.nrc.Cov/readine-rm/doc-collections/nure-sicontract/. The WCAP documents likely would need to be obtained through the NRC's PDR. These, in actuality, are your "exhibits."
(9) In footnote 195, which you identify below, we provided the applicable URL to view the cited license renewal applications. Footnote 195 states: "See http:,,'wwA.nrc.gov/reactors/operatin-,/licensinr.renewal/applications.html (providing links to the cited license renewal applications and the Staffs related safety and environmental review documents)."
(10) The three documents cited in footnotes 372-374 are publicly available and should be readily obtainable through the NRC's Public Document Room. Because of their vintage, however, I have attached copies of these three particular documents. Moreover, I note that, in our answer, we specifically quoted the relevant. language.
I believe this e-mail is more than responsive to your requests (and; in fact, goes well beyond the call of duty.) That being said, I firmly believe that this should eliminate the need for an eleventh-hour extension request by WestCAN (as you are seeking an extension the evening before your reply is due). We cannot help that the Board required you to make a filing earlier this week in response to the same exhibit-related infirmities in your petition that we wrestled with previously at considerable time and expense.
I have conferred with lead counsel on this matter (Ms.Sutton and Mr. Bessette), and they have indicated that Entergy strongly opposes any further extension requests by WestCAN. We note that Entergy has been more than accommodating thus far, e.g., by permitting WestCAN to provide numerous exhibit-related clarifications in December (to which your 2/11 filing attests), not opposing your prior Board-granted request for an additional week to file your reply, and by promptly providing the electronic citations and documents identified herein. Therefore, we sincerely hope that you reconsider seeking another extension, which we unequivocally oppose.
Please contact Ms. Sutton, Mr. Bessette, or me if you have further questions.
- Regards, Marty O'Neill Martin J. O'Neill Morgan, Lewis & Boc;ýtus LLP 1111 Pennsylvania Ave,, N.W. I Washington, D.C. 20004 Tel; 202.739.5733 1 Fax: 202,739.3001 martin.oneillkdmorqanlewis.com I www. moroanlewis.com "Sarah Wagner" <sarahwagneresw.wrgailco To Icuttonu/ihooruanewis corn, martin.o'neill*noreanlewiscotn,
- rcQV, 02/14/2008 05:13 PM pbessettCýleT organlewvis.com, Shwcivin.tirk'*)2,nrc.
ov cc "PalisadCsarT(nJaol.com" <Pal isadesai*0,aolcoin>, "Ulrich Winte"
<tIrich(4.).ulrichlwitlccoj>, "Richard Brodsky" <iichardbrodskv(ienisi.cCm>
Subject Indian Point Exhibits Request 2.14.08 Following our conversation earlier this afternoon, as you requested, we are emailing you a list of exhibits that we believe were not submitted. Several issues have arisen which we will describe
'in detail below that support our request. These issues came to light in the past few da.ys, given that we were working intensely to served our response on February 10, 2008..
The issues fall into two exhibits are fall into two groups. First, new precedence dated only days ago regarding other renewal proceedings. These include the exhibits in footnote 148, 204, LIC 100 rev GA and rev 1, NEI 95-10, GSI-168, footnote 419 new, and 444. These documents we simply cannot find in any public forum. Second, the following are a list exhibits cited in the following in footnotes that we believe we did not receive: 195, 204, 369, 372, 272, 374, 396, and 419. We would appreciate if you could please provide us with these documents by tomorrow morning.
-We intend to move for an extension requesting extra time to file our replies to due February 15, 2008. However, given that our replies will be 'filed within a few days after February 15, 2008, as stated in the Order dated February 1, 2008, we hope that you both will be agreeable to a short extension to allow us to review the above exhibits.
Thank you for your cooperation.
Sincerely, Sarah L. Wagner 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 L. Wagner Legal Counsel for Assemblyman Richard L. Brodsky L.O.B. Room 422
Albany, N.Y. 12248 518-455-5753
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
))
ENTERGY NUCLEAR OPERATIONS, INC.)
(Indian Point Nuclear Generating)
)
Docket Nos. 50-247/286-LR ASLBP No. 07-853-03-LR-BD01 Units 2 and 3)
))
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing letter dated March 20, 2008, has been served by electronically on the 2 0 th day of March, 2008, and by first class mail on the 20th day of March, 2008 to the following:
Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: LGM1 (@nrc.,ov Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: REWanrc.gov Dr. Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane E.
Ridgeway, -CO 81432 E-mail: KDL2(@nrc.gov Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, D.C. 20555-0001 William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Email: wdennis(aenterqV.com Office of Commission Appellate Adjudication U. S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, D.C. 20555-0001 Email: OCAAMAIL(&)nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16G4 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Email: HEARINGDOCKETO.nrc.aov Zachary S. Kahn, Law Clerk Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Email: ZXK1 (nrc.qov Manna Jo Greene Hudson River Sloop Clearwater, Inc.
112 Little Market Street Poughkeepsie, NY 12601 Email: Mannaio(cclearwater.o¢cl, 3
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Martin J. O'Neill, Esq.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, D.C. 20004 E-mail: ksuttona-morqanlewis.com E-mail: pbessette(omor-qanlewis.com E-mail: martin.o'neilla-morqanlewis.com Michael J. Delaney, Esq.
Vice President - Energy Department New York City Economic Development Corporation (NYCDEC) 110 William Street New York, NY 10038 E-mail: mdelanevynvcedc.com John LeKay FUSE USA 351 Dyckman Street Peekskill, NY 10566 E-mail: fuse usa(yvahoo.com Arthur J. Kremer, Chairman New York Affordable Reliable Electricity Alliance (AREA) 347 Fifth Avenue, Suite 508 New York, NY 10016 E-mail: ajkremer(Drmfp.com kremer~cDarea-alliance.orq Diane Curran, Esq.
Harmon, Curran, Spielberg &-Eisenberg, LLP 1726 M Street, NW, Suite 600 Washington, D.C. 20036 E-mail: dcurranoharmoncurran.com Justin D. Pruyne, Esq.
Assistant County Attorney Office of the Westchester County Attorney 148 Martine Avenue, 6 th Floor-White Plains, NY 10601 E-mail: idp3t@westcheste'rqov.com Daniel E. O'Neill, ýMayor James Seirmarco, M.S.
Village of Buchanan Municipal Building Buchanan, NY 10511-1298 E-mail: vobcbestweb.net John J. Sipos, Esq.
Charlie Donaldson, Esq.
Assistants Attorney General New-York State Department of Law Environmental Protection Bureau The Capitol Albany, NY 12224 E-mail: iohn.sipos~oapq.state. ny. us Joan Leary Matthews, Esq.
Senior Attorney for Special Projects New York State Department of Environmental Conservation Office of the General Counsel 625 Broadway, 1 4 th Floor Albany, NY 12233-1500 E-mail: ilmatthe@,qw.dec.state.ny. us Robert Snook, Esq.
Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 E-mail: robert.snook(d.po.state.ct.us Victor Tafur, Esq.
Phillip Musegaas, Esq.
R'iverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 E-mail: philliprxriverkeeper.org vtafur(Driverkeeper. org Daniel Riesel, Esq.,
Thomas F. Wood, Esq.
Ms. Jessica Steinberg, J.D.
Sive, Paget & Riesel, P.C.
4
460 Park Avenue New York, NY 10022' E-mail: drieselksprlaw.com jsteinberqg(sprlaw.com Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 06876 E-mail: nancyburtonct(aaol.com Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, D.C. 20555 E-mail: kimberly.sexton(anrc.gov Sherwin.turka~nrc.qov christopher.chandler(dnrc.qov Beth. Mizuno(anrc.gov David.Rothcnrc.qov Lloyd. Subin(*)nrc.qov Office of the Secretary*
U.S. Nuclear Regulatory Sixteenth Floor One Flint North 11555 Rockville Pike Rockville, Maryland 20852 Mvlan. Denerstein(-oaa.state.nv. us Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 E-mail: ezolicD.qoodwinprocter.com Janice A. Dean, Esq.
Assistant Attorney General Office of the Attorney General 120 Broadway, 2 6th Floor New York, NY 10271 E-mail: janice.dean(DoaQ. state.ny.us Mylan L. Denerstein Executive Deputy Attorney General Office of the N.Y. Attorney General 120 Broadway, 2 5 th floor New York, New York 10271 E-mail:
5
John Louis Parker, Esq.
Regional Attorney Office of General Counsel, Region 3 NYS Dep't of Envt'l Conservation 21 S. Putt Corners Road New Paltz, New York 12561-1620 Marcia Carpentier, Law Clerk Atomic Safety and Licensing Board Mail Stop: T-3 E2B U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Marcia.Carpentiercnrc.,qov ilparker(acqov.dec.state. nv. us
/Sarah L. Wagner
- Original and two copies 6