ML081290592

Indian Point, Units 2 & 3: Renewal of Operating License Nos. DPR-26 and DPR-064 for an Additional 20-Year Period

ML081290592
Person / Time
Site:	Indian Point
Issue date:	01/03/2008
From:	Matthews J, Sipos J State of NY, Dept of Environmental Conservation, State of NY, Office of the Attorney General
To:	Julian E NRC/SECY/RAS
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 14860
Download: ML081290592 (7)

Text

-OA MIT5 JtIF60 DOCKETED IISNRC January 7, 2008 (3:56pm)

OFFICE OF SECRETARY RULEMAKINGS AND AD.Ii IDICATIONS STAFF STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ANDREW M. CUOMO DivisIoN OF' SOCIAL JUSTICE AvroRNEY GENERlAL EN-vIRONMIENTAL 1PioiTCTION B.UREAU January 3, 2008 Emile Julian Assistant for Rulemakings and Adjudication U.S. Nuclear Regulatory Colnission Mailstop 16C1 I White Flint North 11555. Rockville Pike Rockville, MD 20852-2738 Re: Indian Point Nuclear Generating Unit Nos. 2 and 3: Renewal of1 Operating License Nos.

DPR-26 and DPR-64 for an Additional 20-Year Period (ASLBP No. 07-858-03-LR-BD01 )

Dear Emile:

The State of New York. a petitioner in the above referenced proceeding, has learned that an exhibit referenced in the supporting declaration of Mr. Jacobson was inadvertently Omitted from the State's November 30, 2007 submission. In addition, six exhibits to the same declaration contained incorrect cross-reflerencing exhibit letters. To rectirf this matter, on December 21, 2007, the State provided tile NRC' Oftice of the Secretary, the ASLB, Entergy's counsel,. and other petitioners a compact disk containing the missing exhibit along with the other exhibits referenced in the declaration. A copy of this correspondence is enclosed.

New York respectfully requests that the enclosed corrected compact disk of the Jacobson Dec'aration Exhibits be added to the docket in this proceeding.

Respectfully submitted, A-John J. Sipos Joan Leary Matthews Assistant Attorney General Senior Counsel for Special Projects Olflice of the Attorney General Department of Environmental Conservation enclosure: corrected compact disk I

Ti aioAlbany, N.Y 122 24- u34 i 0 Phone,, (5 i8) 4 74-60)96

• Fa~x (51 8ý47 3-2534 0*gsat-l~.

. 5D3

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL.

ANDREW M. CUOMO DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU December 21, 2007 Office of the Secretary of the Commission United States Nuclear Regulatory Commission One White Flint North, 1 6 th Floor 11555 Rockville Pike Rockville, MD 20852-2738 Attention: Rulemaking and Adjudications Staff Re: Indian Point Nuclear Generating Unit Nos. 2 and 3: Renewal of Operating License Nos. DPR-26 and DPR-64 for an Additional 20-Year Period (ASLBP No. 07-858-03-LR-BDO1)

Dear Sir/Madam:

The State of New York, a petitioner in the above referenced proceeding, has learned that an exhibit referenced in a supporting declaration was inadvertently omitted from the State's November 30, 2007 submission. In addition, six exhibits to the same declaration contained incorrect cross-referencing exhibit letters. To rectify this matter, the State is providing the ASLB and other petitioners a compact disk containing the missing exhibit along with the other exhibits referenced in the declaration. The State already has forwarded the missing exhibit to Entergy's and NRC's counsel.

Specifically, on.December 19, 2007, counsel for NRC Staff, Sherwin Turk, notified the State of New York that an exhibit referenced in the Declaration of DEC Biologist Roy Jacobson was not included in the compact disk of exhibits accompanying his declaration that was submitted on November 30. The documpent (referenced as Exhibit G to the Jacobson Declaration) is a June 2003 report on Hudson River aquatic issues that was prepared by ASA Analysis and Communication, Inc. on behalf of Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC ("ASA 2003 Response"). Upon receipt of Mr. Turk's communication, we reviewed the compact disk and determined that Mr. Turk was correct and that the disk contained only 9 exhibits (instead of 10). We then forwarded to NRC counsel and counsel for Entergy a pdf version of the ASA 2003*Response document.

The Capitol, Albany, NY 122240(518)474-80960 Fax (518) 473-2534 (Not for Service of Papers)@http://www.oag.state.ny.us

Upon further review, it appears that November 30 compact disk containing the Jacobson exhibits also mislabeled Exhibits D through J as Exhibits E through L. An accurate reference list 'of exhibits was contained in the Jacobson Declaration at p. 19, "List. of Exhibits."

To remedy this, the State of New York is submitting a corrected compact disk for the Jacobson Declaration. The accompanying disk includes all 10 exhibits referred to in the Jacobson Declaration. Specifically, the corrected disk includes Exhibits A through J, and it includes the ASA 2003 Response document as Exhibit G.

New York respectfully requests that corrected compact disk of the Jacobson Declaration be added to the docket in this proceeding. We regret any inconvenience to the Commission, the Board, or the parties.

Respectfully submitted, John J. Sipos Joan Leary Matthews Assistant Attorney General Senior Counsel for Special Projects Office of the Attorney General Department of Environmental Conservation enclosure: corrected compact disk cc: attached service list Declaration of Service Pursuant to 28 U.S.C. § 1746, I hereby declare upon penalty of perjury that on December 21, 2007, 1 served the attached letter and corrected compact disk of exhibits by placing a true and correct copy thereof in a Federal Express pre-paid envelopes directed to the following judges, law clerk, entities, attorneys, and/or petitioners at the following addresses and depositing those envelopes in a Federal Express drop box located at 146 State Street in Albany, New York:

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC.20555-0001 ocaamail(anrc.gov Administrative Judge Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 lgm 1@nrc.gov Administrative Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 rew@nrc.gov Administrative Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 kdl2@anrc.gov Zachary S, Kahn, Esq.

Law Clerk Atomic Safety and Licensing Board U.S. Regulatory Commission Washington, DC 20555-0001 Sherwin E. Turk, Esq.

Lloyd B. Subin, Esq.

Beth N. Mizuno, Esq.

Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 set@nrc.gov lbs3@nrc.gov bnrn 1@nrc.gov Martin J. O'Neill, Esq.

Kathryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Mauri T. Lemoncelli, Esq.

Morgan, Lewis & Bockius LLP 111 Pennsylvania Avenue, NW Washington, DC 20004 martin.o'neill@morganlewis.com; ksutton@morganlewis.com; pbessette@morganlewis~com; rnlemoncelli@morganlewis.com; cadams@morganlewis.com Robert D. Snook, Esq.

Assistant Attorney General of the State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 061-41-0120 robert.snook@po.state.ct.us Justin D. Pruyne, Esq.

Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 jdp3 @westchestergov.com

Daniel E. O'Neill, Mayor Village of Buchanan James Seirmarc, M.S., Liaison to Indian Point 236 Tate Avenue Buchanan, NY 10511 Fax: 914-737-6587 Thomas F. Wood, Esq.

Daniel Riesel, Esq.

Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 driesel@sprlaw.com Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 mdel aney@nycedc.corn Arthur J. Kremer, Chairman The New York Affordable Reliable Electricity Alliance 347 Fifth Avenue, Suite 508 New York, NY 100 16 kremer@area-a Iliance. org Diance Curren, Esq.

Harmon Curran Spielberg & Eisenberg LLP 1726 M Street, NW, Suite 600 Washington, DC 20036 MannaJo Greene, Director Hudson River Sloop Clearwater, Inc.

112 Little Market St.

Poughkeepsie, NY 12601 Mannajo(clearwater.org Weschester Citizen's Awareness Network (WestCan), Citizens Awareness Network (CAN),etc.

Susan H. Shapiro, Esq.

21 Perlman Drive Spring Valley, NY 10977 mbs~c)iourrocklando ffice. comn Nancy Burton 147 Cross Highway Redding Ridge, CT 06876 NancyBurtonCT@aol.com Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523

.brodskr@assernbiy.state.ny.us FUSE USA 351 Dyckman Street Peekskill, New York 10566 www.fuiseusa.org fuseusa(yahoo.com Executed on:

December 21, 2007 Albany, New York