ML081690534

Order (Corrections to the Oral Argument Transcript)

ML081690534
Person / Time
Site:	Indian Point
Issue date:	06/17/2008
From:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
To:
SECYRAS
References
07-858-03-LR-BD01, RAS - E-118
Download: ML081690534 (66)

Text

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-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating June 17, 2008 Units 2 and 3)

ORDER (Corrections to the Oral Argument Transcript)

In response to our Order dated March 18, 2008, regarding proposed corrections to the transcript of the Oral Argument which took place on March 10-12, 2008 in White Plains, New York,1 the Board received responses from the NRC Staff,2 Entergy,3 and a joint filing from various Petitioners (New York, Connecticut, Westchester County, the Town of Cortlandt, and Riverkeeper, Inc.).4 These responses are attached hereto as Appendix A, B and C, respectively. Apart from the exceptions and additions listed below, after reviewing all of the proposed changes we approve them, and hereby incorporate the proposed changes into the record.

1 Licensing Board Order (Proposed Changes to the Transcript) (Mar. 18, 2008).

2 NRC Staffs Proposed Corrections to the Transcript of the Oral Argument Held on March 10-12, 2008 (Apr. 2, 2008).

3 Response of Entergy Nuclear Operations, Inc. to Licensing Board Order Dated March 18, 2008 Regarding Proposed Changes to Oral Argument Transcript (Apr. 2, 2008).

4 Joint Corrections to Transcripts of Indian Point Oral Argument Match 10-12, 2008 While Plains, New York Submitted on Behalf of the State of New York; the State of Connecticut; the County of Westchester, New York; the Town of Cortlandt, New York; and Riverkeeper, Inc.

(Apr. 2, 2008).

There were only two instances where the parties differed in a proposed change. The first is on page 124, line 7. NRC Staff suggests that further should be changed to further action on them while the Petitioners seek to change it to simply further action. The Board hereby adopts the Staffs suggestion. The second conflicting proposal is on page 346, line 19 where the Petitioners propose changing COI217 to CLI-217 while Entergy proposes CLI-02-17. The Board hereby adopts Entergys proposal.

In addition, on page 522, line 21, Entergy suggests removing Sr. Spec. Agent Mullen and replacing it with Judge Wardwell. While the Board agrees that Sr. Spec. Agent Mullen was not present during the Oral Argument and certainly was not asking any questions, we hereby replace Sr. Spec. Agent Mullen with Judge McDade instead of Judge Wardwell.

Petitioners suggested change to add was on page 109, line 10 is rejected. Petitioners suggestion that what be added on page 109, line 14 is also rejected, however the Board inserts all in the same sentence after again and before that. Petitioners suggested change to replace DEIS with analysis on page 472, line 10 is also rejected. Finally, the Board changes your to our on page 32, line 15.

The above mentioned changes, along with all of the changes in Appendices A, B and C, not referenced in this order, are hereby adopted and incorporated into the record.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD5 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD June 17, 2008 5

Copies of this Order were sent this date by Internet e-mail to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for the State of Connecticut; (5) Counsel for Riverkeeper, Inc.; (6) Nancy Burton, the Representative of CRORIP; (7) Manna Jo Green, the Representative for Clearwater; (8) Counsel for Westchester County; (9) Counsel for the Town of Cortlandt; and (10) Counsel for WestCan, RCCA, PHASE, the Sierra Club - Atlantic Chapter; and Richard Brodsky.

APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMlSSlOlV BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LRl286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFF'S PROPOSED CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 10-12,2008 In accordance with the Licensing Board's "Order (Proposed Changes to the Transcript),"

issued on March 18, 2008, the hlRC Staff ("Staff') hereby files its proposed corrections to the transcript of the Oral Argument held on March 10-12, 2008. The Staff respectfully requests that the transcript be revised to incorporate the corrections identified in Appendix A hereto.

Respectfully submitted, Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 2ndday of April 2008

APPENDIX A NRC STAFF'S PROPOSED CHANGES /CORRECTIONS TO TRANSCRIPT OF ORAL ARGUMENT. MARCH 10-12,2008 PAGE I LlNE DELETE Points 2 and 3 Point Units 2 and 3 reviewing review has sought has set intervention intervenor renew at review at the page 56, line 46 page 56,946 since "since plants. plants."

there is "There is operation. operation."

accident Applicant from the Commission by the Commission by ---

muting meeting a state how a State who This Thus, proceeding would has proceeding, that would, as that state the State the CPU the CP that that GDCB adhere to. that a GDC be adhered to.

-- an exception.

their final. their final rule.

to develop in developing preparing their applications." preparing applications."

GDC [GDCI further." further action on them."

little sufficiency legal sufficiency discussion if you discussion than if you analysis analyses of the regulations it states in the regulations that states A&Ps AMPS tank systems? tank systems.

their concerned they're concerned to their contention so their contention SAMA analysis A SAMA analysis those to generate those, to generate A Generic The Generic that is that are factor factored MS. SUTTON: NIR. TURK:

MR. TURK: MS. SUTTON:

that meets more that needs more

PAGE I LINE DELETE INSERT 365 1 9 the present of the premise of 4301 11 So possibility of So the possibility of 432 / 6 "The Groundwater Contamination: "Groundwater Contamination (Tritium) at Tritium at 432 I 10 type hydrogen type of hydrogen 4321 11 Water containing "Water containing 432 / 12 and is normally is normally 432 I13-14 in our controlled /monitored under controlled, monitored conditions the Conditions. The releases. And all releases, and all what extent, if any, what, if any, to sustain compliance to sustained compliance Category 2 issue A Category 2 issue the section 7 section 7 valid termination valid determination application. application regulations.

regulations or require regulations require unless the Staff accept and asks the Staff to accept as stands as it stands

• (9:33:14) and we is admissible, today. We will we'll have a we'll make a 206 2.206 of that on that 25 days is 25 days, that is is it in use is in use industry as industry, and is the location and the the location, the sealed components and steel components in the segment the statement of the fact of the FAC program. of the FAC, of the FAC program.

state that statement that Reviews, and AMPs are reviewed. Reviews, "and AMPs are reviewed.

The act that may have used The applicant may choose to use 10 CFR 54.2183." 10 CFR 54.21(a)(3)."

float-accelerated flow-accelerated MR. TURK: NIR. TAFUR:

We certainly object We certainly don't object applicable and applicable law and responses are response is on their own if they are on their own. If they are The state on The statement on

I2J~*, 4/3 ,DOCKETED USNRC April 2, 2008 (2:44pm)

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

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

) Docket Nos. 50-247-LR and 50-In the Matter of ) 286-LR ENTERGY NUCLEAR OPERATIONS, INC. )

) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) )

) April 2, 2008 RESPONSE OF ENTERGY NUCLEAR OPERATIONS, INC.

TO LICENSING BOARD ORDER DATED MARCH 18, 2008 REGARDING PROPOSED CHANGES TO ORAL ARGUMENT TRANSCRIPT In response to the Board Order dated March 18, 2008, we have reviewed the transcript of the Oral Argument held on March 10 through 12, 2008 in the above captioned proceeding. Proposed corrections to the transcript pertaining to counsel for Entergy's arguments and responses are noted on the attached Errata.

Resp

• ubmitted, Kathryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Martin J. O'Neill, Esq.

MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Phone: (202) 739-5738 Fax: (202) 739-3001 E-mail: ksutton a morganlewis.com E-mail: pbessette@morganlewis.com E-mail: martin.o'neillamorganlewis.com I1-WA/2952 5.

>iGL~

William C.. Dennis, Esq.

Assistant General Counsel ENTERGY NUCLEAR OPERATIONS, INC.

440 Hamilton Avenue White Plains, NY 10601 Phone: (914) 272-3202 Fax: (914) 272-3205 E-mail: wdennisgentergy.com COUNSEL FOR ENTERGY NUCLEAR OPERATIONS, INC.

Dated at Washington, DC this 2nd day of April, 2008 2

Errata for Official Transcript of Proceedings -

Nuclear Regulatory Commission Entergy Nuclear Indian Point, Units 2 & 3 Docket No.: 50-247-LR & 50-286-LR ASLBP No.: 07-858-03-LR-BDO1 March 10, 2008, Pages 1-246 Page Line Reads Should Read 11 11 Kathy Sutton for Kathryn Sutton of 45 8 licensing relicensing 45 14 for or 47 22 time the time, if the 66 23 you guide your guide 91 8 renew renewal 91 18 Yankee. Yankee case.

138 6 license or license 143 7 Sr. Spec. Agent Mullen: Strike these words 150 11 discussions, how discussions, describe how 150 16 53.21 54.21 151 25 you've we've 159 6 B.1.1 B.1.6 159 7 to an entirety it in its entirety 159 13-14 As we noticed As noted 159 21 some sum 160 4 .2, point to 160 11 codings coatings 160 15 coding coating 183 22 sufficient insufficient 185 10 renew renewed 188 11, 13 1.E(3) XI.E(3) 192 18 said it's said why it's 195 1 basis a basis for a 202- - 23-- properties .- .- ------ properties."

202- 23 statement's statement of 228 24 "To insure The purpose of 229 1 units." units.

230 12 emergent planning merchant plants 235 20 is as 237 6 full fully responsive I-WA/2951580.1

March 11. 2008, Pages 247-528 Page Line Reads Should Read 254 23 Plan Plant 255 7 0501 05-01 256 19 measurements measures 257 15 identifying identify 257 16 explaining explain 257 21 effect affect 258 2 it's Strike this word 258 6 SAMAS SAMDAS 258 10 for through 258 11-12 through a licensing for the licensing renewal 258 23 are is 259 2 28481 28,481 259 4 licensee licensees 259 13 in official of implementing a 262 23 win and win winnowing down 264 14 CIRCA (phonetic) CERCLA 265 19-20 time past time-tested 265 22 context contexts 265 22 you I 267 1 fast and cast in 267 20, 24 05.01 05-01 267 22 a this 268 9 that and 270 1 challenge to that to the challenge to the 270 13 at Pilgrim emphasize in Pilgrim emphasized 276 25 those no 280 13, 20 effect affect 287 21 tiny weighted attenuated 289 11 consultants consultant 289 12 State Staff 290 21-22 respect and not quite respect,.I'm not quite sure the common authorship common authorship matters established 306 17 condition Commission 307 21-22 your performance in conformance 308 11 documented NUREG documented in NUREG 308 17 effected affected 311 18-19 risk for IP 1 and critical risk for IP 1 (and to the conjoin in adjacent conjoined and adjacent Units Units 2 and 3 2 and 3) 313 6 effect, and the affect, the 2

313 7 effect affect 324 1-2 CLI -- 17 CLI-02-17 327 14 looked for looked at for 339 7 into to 339 12 properly improperly 339 13 let led 340 7 chemical, there are air chemical air 345 12 to in 345 16 drop draw 346 19 C01217 CLI-02-17 346 23 51 which 51 in which 360 15 MR. MS.

360 22 values at values during 375 18 MR. MS.

375 21 the IPA in fully the IPA. In fully 376 18 certain certainly 383 19 MR. MS.

383 22 dispute Dr. dispute between Dr.

404 25 sharpey Charpy 405 25 non-disruptive non-destructive 439 12 incorrect correct 139 17 issue. Consider doing issue considering new and 440 20 spend spent 440 23-24 This year nothing to This has nothing to do with with license rework, license renewal. At Unit unit 440 24 on no 441 4 dada is that the leak data is that the first leak 441 5 prepared repaired 441 8 there is therefore 441 14 seated exceeded 441 23 may they 442 10 site basis site specific basis 443 . 11 typical original 450 1 through to 450 15 resources releases 461 19 a Strike the word "a" at the beginning of this line 461 19 determination determinations 461 21 state State 462 15 section 1708.01 Environmental Conservation Law section 17-0801 462 15 your new or 463 20 was were 3

464 2 this the word "this" at the end of the line should be "his" 464 14 the SPDES the draft SPDES 465 23 HAS HRSA 467 24 of if 478 1 (b) (B) 480 17 (b) (B) 480 24 entrapment entrainment 481 6 affluents effluents 481 12 (b) (B) 482 6 (b) (B) 483 3 maybe may 484 24 isn't is 488 24 GElS DEIS 489 12 the draft SPDES the SPDES 504 19 License for Renewal License Renewal 522 21 Sr. Spec. Agent Mullen: Strike these words 4

March 12 2008, Pages 529-747 Page Line Reads Should Read 539 19 passed the passed to the 545 17 it the 546 23 2206 2.206 548 1 precedence precedents 548 1 A and 01 and A and 02 ANO-1 and ANO-2 548 15 wasn't was.

550 8 2206 2.206 551 14 findings our findings of our 552 4 2206 2.206 562 4 5421 54.21 562 4 54.29A 54.29(a) 586 10 estrangement entrainment 595 14 FAQ sheet Fact Sheet 596 22 (b) (B) 600 24 prescription in both instances, the word prescription should be prohibition 601 21 FAQ sheet Fact Sheet 606 14 (b) (B) 622 16 what is the a litigable 623 3 I They 633 15 of regulatory duress to adequately address 633 16 cascading cascade 643 1'5 belies applies 665 16 as are 665 17 do not challenge do challenge 665 22 at made in 665 23 takes a acts as 668 14 contention contention." It 668- 15 adoption." You can adoption. You can't 683 8- Sainie Some 688 12 could would 697 23-24 Vogel early cite from Vo tle early site permit that-698 4 even to even go 698 5 and Strike this word 698 9 this now there is no 699 5,.8, 12 Vogel Vogtle 699 18 averse adverse 700 25 Vogel- Vogtle 701 1,25 Vogel Vogtle 5

701 19 a part as part 702 17, 23 Vogel 705 2 mines miles 705 8 said see 738 5 standards and standards. And 738 7 self-reporting the self-reporting. The 6

APPENDIX C DOCKETED USNRC

-'CELSIO0 April 3, 2008 (8:30am)

OFFICE OF SECRETARY STATE OF NEW YORK RULEMAKINGS AND OFFICE OF THE ATTORNEY GENERAL ADJUDICATIONS STAFF ANDREW M. CUOMO DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU April 2, 2008 Lawrence G. McDade, Chair Richard E. Wardwell, Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Mail Stop - T-3 F23 Two White Flint North Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 Dr. Kaye D. Lathrop Administrative Judge Atomic Safety and Licensing Board 190 Cedar Lane E.

Ridgway, CO 81432 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 Unit 3,

• DocketNos. 50-247-LR/50-286-LR:ASLBP No. 07-858-03-LR-BDO I

Dear Administrative Judges:

In response to the March 18, 2008 Order of the Licensing Board, enclosed please find joint corrections to the transcripts of the Indian Point oral argument held March 10, 11, and 12, 2008 in White Plains which are submitted on behalf of the State of New York, the State of Connecticut, the County of Westchester, New York, Town of Cortlandt, New York, and Riverkeeper, Inc.

Respectfully submitted, s/. s/ s/

John J. Sipos Janice A. Dean Joan Leary Matthews Assistant Attorney General Assistant Attorney General Senior Attorney for Special Projects Office of the Attorney General Office of the Attorney General New York State Department The Capitol 120 Broadway, 26th Floor of Environmental Conservation Albany, NY 12224 New York, New York 10271 625 Broadway, 14th floor (518) 402-2251 (212) 416-8459 Albany, New York 12233-5500 John.S ipos@oag.state.ny.us Janice.Dean@oag.state.ny.us (518) 402-9190 jlmatthe@gw.dec.state.ny.us

~/4,~LfJ~ s~f-:c-The Capitol, Albany, NY 12224 0 (518) 474-8096 S Fax (518) 473-2534 (Not for Service.Qf Papers) 0 http://www.oag.state.ny.us

2 s/ s/ s/

Robert D. Snook, Esq. Justin D. Pruyne, Esq. Daniel Riesel, Esq.

Assistant Attorney General Assistant County Attorney Attorney, Town of Cortlandt Office of the Attorney General Westchester County Sive, Paget & Riesel, P.C.

State of Connecticut Michaelian Office Building 460 Park Avenue 55 Elm Street 148 Martine Avenue, 6th Floor New York, NY 10022 P.O. Box 120 White Plains, NY 10601 (212) 421-2150 x 224 Hartford, CT 06141-0120 (914) 995-5102 driesel@sprlaw.com robert.snook@po.state.ct.us jdp3@westchestergov.com s/

Phillip Musegaas, Esq.

Riverkeeper, Inc.

828 South Broadway Tarrytown, NY 10591 (914) 478-4504 phillip@riverkeeper.org cc: Service List

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, Docket Nos.

ENTERGY NUCLEAR INDIAN POINT 3, LLC, and 50-247-LR & 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.

ASLBP No.

07-858-03-LR-BDO1 Regdrding the Renewal of Facility Operating Licenses No. DPR-26 and No. DPR-64 for an Additional 20-year DPR-26, DPR-64 Period for INDIAN POINT NUCLEAR GENERATING UNITS 2 & 3.

Joint Corrections to Transcripts of Indian Point Oral Argument March 10-12, 2008 White Plains, New York Submitted on Behalf of the State of New York; the State of Connecticut; the County of Westchester, New York; the Town of Cortlandt, New York; and Riverkeeper, Inc.

Text in brackets [] has been deleted; underscored text has been added or corrected.

MARCH 10, 2008 PROCEEDINGS:

Page/line Correction Chairman McDade Introduction P. 7/1.8 Atomic Safety and Licensing Board P. 7/1.20 [that] then the NRC staff

Text in brackets [ has been deleted; underscored text has been added or corrected.

Page/Line Correction Questions on Westchester County's Petition P. 13 / 1.21 [AUDIENCE MEMBER] MichaelKaplowitz, Vice-Chair, Westchester County Board of Legislators, P. 13 / 1.22 [I'm] he's representing me.

P. 13 / 1.25 denied the right to be properly represented [ing].

P. 19 / 1.2 we do have [our] full faith and confidence[. And] that the State of P. 26 / 1. 8 the staff that [the] 309 Questions on New York State's Petition P.31 /1. 16 [Royceman] Roisman P.31 /1. 21 [Royceman] Roisman P. 32 /1.9 [Jody]Jodi P. 32 / 1. 11-13 Janice Dean, who is an Assistant Attorney General [in Cape] and Kit Kennedy, who is in charge of the environmental protection[s]

bureau there P. 34 / 1. 22 [state] spate P. 36 / 1.7 [in the courts] and reports P. 36 / 1. 12 [ripe] rife P. 40 / 1.3 contentions P. 42 / 1.5 or is the [renew] review at P. 45 / 1.9 Indian Point [Entergy center] Energy Center P. 49 / 1. 1 Is that [tin]

P. 53 / 1. 20 under an [sanction] accession number P. 56 / 1. 18 at[e]

Text in brackets [ has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 59 / 1. 13 Commissioners P. 61/1. 6 [at] on their behalf P. 62 / 1.23 seismic information from [the] circa P. 68 / 1.24 but it would be in current licensing [space] basis P. 69 / 1. 23 is a real possibility of a more significant [termor] tremor P. 70 / 1.9 were necessary, it would begin in part 50 [space] basis, P. 70 / 1. 10 current operating [space] basis P. 71 / 1.2-3 There was a draft [NRC] AEC GDC in 1967. There was a final

[NRC] AEC GDC in 1971.

P. 71 /1.8 the [NRC] GDC '67 draft?

P. 71 / 1.24 [pushed] published P. 72 /1.8 [COL] CLB P. 73 / 1. 18 were to change, then the [accident] applicant P. 75 / 1. 1 [all].old P. 80 / 1. 14 [let] left P. 81 /1. 6 [seize] cease P. 86 / 1. 17 and am now P. 86 / 1.25 [muting] meeting P. 91 /1.25 [how] who P. 92 / 1.24 [This] Thus if you suspend the P. 92 /1.25 proceeding would [has] ,as Judge McDade pointed out_

P. 93 / 1. 19 summary [deposition] disposition Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 93 /1. 22 summary [deposition] disposition P. 95 / 1. 8 Are we adopting [intention] contentions P. 103 / 1. 23 use the word "[intention] contention" P. 106 / 1. 10 [effected] affected P. 1'07 / 1. 4 [GOC] GDC P. 109 / 1. 10 statement was connected P. 109 / 14 that what there P. 109/ 1. 15 [buy-buy] abide by P. 112 / 1. 21 [GDCB adhere] GDC be adhered P. 116/1. 21 [can], can't attack the current licensing basis P. 117 / 1. 2 part of the staff [at] or Entergy P. 119 / 1. 21 action" and it carries on. ["]

P. 120 / 1. 22 (Laughter.)

P. 121 /1. 16 Unit [3] 2 P. 124 / 1. 7 further action."

P. 129 / 1. 22 [infects] affects P. 130 / 1.3 Unit [3] 2 P. 132 /1. 19 license approved, P. 135 / 1. 10 Unit [3] 2 P. 140 / 1. 17 But it is not that [they're] there P. 141/1. 1 [2.000] 2,000 P. 141 / 1. 8 I think it's "each nuclear facility" Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 142 / 1. 7 operate [A,] a nuclear P. 142 / 1. 16 and the regulation says to operate "a" nuclear power plant P. 143 /1. 7 [SR. SPEC. AGENT MULLEN] JUDGE WARDWELL P. 148 / 1. 1 that's of importance here P. 150 / 1.20 It just seems like [there] there's a difference, P. 151 / 1. 19 proposal is strictly the combined power [outages] outputs of P. 152 / 1. 11 contain radioactive[ly] contaminants P. 154 / 1. 5 [of curves] occurs P. 154 / 1. 25 It was aerosolized_

P. 156 / 1. 12 hydro-geologically influenced P. 156/1. 18 of this effort [on] in P. 158 /1.23 one of the [A&Ps] AMPs P. 167 /1. 18 tank systems[?].

P. 168 /1. 16 applies to[;]

P. 168 / 1. 17 [field] fuel oil P. 169 /1. 7 Okay, if I could sort [of] out P. 170 / 1.23 They specifically [site] cite P. 171./1. 5 possible:

P. 171 / 1. 15 contention, supported P. 171 /1. 25 [application] declaration P. 177 /1. 3 [Adams] ADAMS P. 189 / 1. 11 And to come to Section [54-29] 54.29 Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 191/1. 11 [2309] 2.309 P. 201/1.3 [54.21-A. 1.(i)] 54.21(a)(1)(i)

P. 204 /1.21 [54.21-A.1.(i)] 54.21(a)(1)(i)

P. 208 /L.1 Part 54 at page [22.471] 22,471 P. 209 / 1.10 from Paul [Blanche] Blanch P. 209 /. 24 Paul [Blanche's] Blanch's P. 210/1. 18 Federal Register [22.471] 22,471 P. 210/1.24 Paul [Blanche] Blanch P. 213 /1. 3 [22-477] 22,477 P. 214 /1.24 Federal Register [22-471] 22,471 P. 215/1.9 Mr. [Blanche's] Blanch's P.215/1. 23 Mr. [Blanche] Blanch P. 221/1.4 putting up a wind farm, of conservation, P. 224 / 1. 13 Clinton was an early site P. 229 1. 21 their replies to [your's] yours P. 229 1. 24 in our Environmental [report] Repor P. 234 /1.3 Contention Eleven is that [DER] the ER P. 234 1. 5-6 Indian Point [II] 2 and Indian Point [III] 3 P. 234 1.9 [1I] 2 and [III] 3 P. 234 1.24 [conservatism] conservation P. 237 1. 10 Indian Point [II] 2 and Indian Point [III] 3 Text in brackets [ has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 241 / 1. 24 [C3.IIL] (c)(3)(ii)(L)

MARCH 11, 2008 PROCEEDINGS:

P. 253 /1. 4 Cortlandt, [CT] NY P. 254/1.11 specific [intentions] contentions P. 259/1. 1 Register [28.481] 28,48 P. 264/1. 13 responsibilities under [CIRCA (phonetic)] CERCLA P. 266 /1.25 threshold. It's [a really fast and] really cast in generic terms.

P. 270/1.10 of the Code at any particular power [point] plant P. 272/1.5 [in] and P. 272 /1. 7 [residents] residences P. 273 /1.25 summary [deposition] disposition stage P. 274 / 1.4 contention, which P. 274 /1. 5 contention that was at issue in Pilgrim P. 274/1.7 inputs, Judge Lathrop, as you said and [assumption] assumptions P. 274 / 1. 14 And I would just note that to [Entergy] Entergy's P. 274 / 1. 22 "[Date] Data on recovery P. 275/1. 1 severe reactor accidents."

P. 27(5/1.8 fortunately a [dire] dearth P. 279 /1. 7 a time because I'm this [hard-scribble] hard-scrabble P. 280 /1.20 saying it could [effect] affect Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 280 /1. 24 might get influenced by that, P. 280 / 1.25 smaller particles, P. 283 /1.20 [upper west side] Upper West Side P. 289/1. 12 same term that the discussion that [State] Staff references P. 289/1. 15 [Wash] WASH P. 290 /'1. 10 MACCS2 Code, not that they demonstrated P. 292 /1.23 it's increased clean-up costs P. 302 /1. 15 identified the risk [that's at the] that a fire will disable P. 302 /1. 19 was [no] not evaluated P. 306/1. 15 information is going to [effect] affect P. 306/1. 17 controlling [condition] Commission case law P. 306 /1.23 of SAMA analysis that [is's] it's P. 308/1. 1 Because again we think it's a P. 308 /1.6 would materially [effect] affect P. 308 /1. 14 consider this information or you haven't [to] considered P. 308 /1. 17 properly~has [effected] affected P. 309 /1. 17 does this [effect] affect P. 311/1. 17-21 ["In order.to reduce the earthquake risk for IP 1 and to critical conjoin in adjacent Units 2 and 3 is necessary to improve the ability of IP l's critical components to withstand the effects of an earthquake."] "In order to reduce the earthquake risk for IPI (and to the conjoined and adjacent Units 2 and 3), it is necessary to improve the ability of IPl's critical components to withstand the effects of an earthquake."

Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 313/1. 6 [effect] affect P. 313/1.7 thing, how it's going to [effect] affect P. 316/1. 15 [siOtuations] situations P. 319/1.17 Is that correct[>] ?

P. 326/1. 3 system by system P. 327 / 1. 13 been [s] scoped in P. 329 /1.23 [Sherman] Sherwin P. 330 /1. 17 magnitude events and that's what's then [factor] factored into P. 333 /1. 1 [MS. SUTTON:] MR. TURK:

P. 333 /1. 3 [MR. TURK:] MS. SUTTON:

P. 335/1.5 But [is] if the dose is P. 336/1.21 [burroughs] boroughs P. 337/1. 13 into question - - this is an outdated, obsolete [node] model, P. 337/1. 17 [this] the siting of this plant, that [if] this P. 337/1. 19 what New York is interested in here P. 343 / 1. 14 in here (holding up CFR).

P. 343 /1. 24 promulgated, I believe it's part [2309] 2.309 P. 344/1.8 That's our burden under [2309] 2.309.

P. 346/1. 12 [NOAA Evaluation] no - evacuation P. 346/1. 19 what the Commission said in McGuire, [CO1217] CLI-217 P. 347 / 1. 15 not [a] at the contention [of] admissibility stage Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 350/1. 16 [20.13] 2013 P. 350/1. 17 [20.15] 2015 P. 351 / 1.23 of the regulation that that be [addresses] addressed, P. 354 /1. 7 [MR. SIPOS:] MR. CHANDLER P. 360 / 1. 15 [MR.] MS. SUTTON:

P. 362 / 1. 15 Is this the [new reg.] NUREG of P. 362 / 1. 18 I believe it is. The [new reg.]NUREG P. 365 / 1.9 I would note, however, that the [present] premise of P. 373 / 1.9 systems, [structure] structures, P. 373 / 1. 10 the scope of 54.21(a) and therefore [is] are subject to P. 374 /1. 4, 11 [Leahy] Lahey P. 374 / 1. 12 declaration [in] and P. 375 /1. 18 [MR.] MS. SUTTON P. 376 / 1.5, 25 [Leahy] Lahey P. 376 /1. 7 [MR.] MS. SUTTON P. 376 / 1. 12 [MR.] MS. SUTTON P. 377 / 1.13 [Leahy] Lahey P. 378 /1. 1, 17, 20, 23 [Leahy] Lahey P. 379 /1.4, 11 [Leahy] Lahey P. 379 / 1. 16 they have [filed] followed the guidance, P. 379 / 1. 18, 22 [Leahy] Lahey Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 380 / 1.6 with now, then you won't know what [you] you've got as you're P. 380 / 1. 14, 16, 25 [Leahy] Lahey P. 381 / 1.8 program, and that's Entergy's burden. Our [expect] expert has P. 381 /1. 17 [Leahy] Lahey P. 381 / 1. 18 one paragraph on [pages] page 126 P. 382./1. 1 down to is a dispute between experts.

P. 382 /1. 17, 19 [Leahy] Lahey P. 383 / 1.6, 14, 22 [Leahy] Lahey P. 383 /1. 19 [MR.] MS. SUTTON P. 386 / 1. 10 [werer] were recessed, P. 388 /1.18 correct when they say that they have [gotten] got in their P. 391 /1. 18, 22 [Leahy] Lahey P. 393 /1.7 [Leahy] Lahey P. 395 /1. 20 facilities. It's [giving] given experience and aging.

P. 401 /1. 7 contention number [5] 25, P. 401 /1. 14 [Leahy] Lahey P. 402 /1. 3, 9, 14 [Leahy] Lahey P. 403 1. 3, 8, 22 [Leahy] Lahey P. 404 / 1. 5, 22 [Leahy] Lahey P. 404 /1. 25 requirements. But he also discusses the [sharpey] Charp test P. 406 / 1. 17 [Leahy] Lahey Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 406 /1. 25 stainless steel. And even the welds of the [in-course] in-core P. 407 /1. 3 [Leahy] Lahey P. 407 /1. 6 these loads can damage the [course] core P. 407 /1. 9, 13, 18 [Leahy] Lahey P. 408 /1. 4, 9, 25 [Leahy] Lahey P. 409 1.4, 10, 15 [Leahy] Lahey P. 409 /. 16 [serous] serious P. 410 1. 11 [Leahy] Lahey P. 412 1. 10 [along] on the same date as its reply.

P. 415 /1. 14 regulation, [5413] 54.13 P. 440 1. 20 Unit 1 [spend] spent fuel pool P. 441 1.4 accurate [dada] data P. 441 / 1. 5 was [prepared] repaired P. 452 / 1.24 56 Federal Register [64-967] 64,967, P. 453 / 1.20 doesn't have to be made in the relicense [goes] does not go to the P. 453 / 1.21 mitigation of the environmental impacts [or] of a postulated P. 453 /1.22 or a severe accident, should it occur P. 454 / 1.7 [meteorological] radiological emergency preparedness plan for Indian P. 454 / 1.20 under the Part 51 regulations P. 454 / 1.21 appendix [subpart] B to subpart [appendix] A P. 454 / 1. 24 also gets to the heart of* yes, it was studied Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line " Correction P. 455 /1. 15 environmental impacts of a nuclear facility P. 455/1. 17 us has failed to comply with the [updated] updating requirements P. 455 /1.22 the incorporation by reference of the [Wood] Witt report, P. 456 /1.8 [one is producing] once it sunsets, P. 459 /1.4 [sound] stated P. 460 /1.2 [Roni] Rani Franovich in her statement on the 19th of P. 460 /1.7 to that ten-year obligation [,] we had discussed earlier, P. 460 1. 11 2006, they really "kicked" it off "in earnest." That is P. 469 1.24 [permanent] permit in effect, P. 472 / 1.3 This is where I would not ask you to do the P. 472 1. 10 And the [DEIS] analysis P. 472 1. 24 Dilks. He has demonstrated [in] with great specificity and P.488/1. 10 issues means that they have [weighed] waived their legal P. 491 /1.23 as a sovereign state, is at this time unable to [see] cede P. 492 /1.5 now [that] and New York P. 492 /1. 13 individual [intervenor] intervenors P. 493 / 1. 21 excused. We would then start with [Portland] Cortlandt at 4:00 P. 493 /1.22 o'clock. Anyway, I believe [Portland] Cortlandt would be next at Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction Questions on the Town of Cortlandt's Petition P. 496 / 1. 13 they have been very [obstructive] instructive P. 496 / 1. 16 of our contentions, Technical Contention [and Contention] 2 - on P. 496 / 1.25 and also appear P. 498 / 1. 1 course [of] in and of itself P. 498 / 1.3 Environmental Impact Statement [proceeds] precedes [and] such P. 500 /1. 2 report are generally promises to carry out [our] programs as P. 504 / 1. 1 [trust] thrust of the Sans'oucy affidavit P. 505 /1. 9 - 11 facility; [and] there is a considerable concern that we examine the issues of not licensing this facility [for] or relicensing [its] this facility.

P. 507 /1. 7 and indicate[s] that in that instance P. 509 /1. 3 pool issue, then we would elect to proceed under [23.5] 2.315.

Questions on the State of Connecticut's Petition P. 510 / 1.3 [started] stated yesterday P. 510 / 1. 14 [the] Westchester County P. 511 /1. 14 [effect] affect P. 512 / 1. 1 a significant amount P. 512 / 1.3 [west] east P. 516 / 1.24 [changed] changes P. 520 / 1.23 [for seeding] proceeding P. 522 /1. 22 [SR. SPEC. AGENT MULLEN] JUDGE WARDWELL Text in brackets [] has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 524 / 1.2 [2-335] 2.335 MARCH 12, 2008 PROCEEDINGS:

Questions on Riverkeeper, Inc.'s Petition P. 529 / 1. 14 [Daronoco] Daronco P. 534 / 1. 16 [Philip] Phillip P. 537 / 1. 1 [and] of P. 537 / 1. 9 admissibility [and]

P. 537 / 1.20 [simple] simply P. 538 / 1. 13 pool[s]

P. 544 /1.4 that this was a P. 544 /1.6 the[y]

P. 544 / 1. 11 [this] that P. 544 / 1.22 broaden P. 545 / 1.2 position that P. 546 / 1.23 [2206] 2.206 P. 550 / 1.8 [2206] 2.206 P. 552 / 1.4 [2206] 2.206 P. 557 / 1.4 [3.206] 2.206 P. 557/ 1. 13 [206] 2.206 P. 557 /1. 16 says P. 568 / 1. 5 unsuc'cessful Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 568/1. 11 it seems to me for P. 568 /1.24 referenced P. 575 /1. 15 [operated] uprate P. 580/1.6 [float] flow P. 584/1.9 CHECWORKS, P. 586/1. 10 [estrangement] entrainment P. 588/1.7 [MR. TURK] MR. TAFUR P. 589 /1. 12-13 entrainment and impingement P. 589 / 1. 14 entrainment and impingement P. 590 / 1. 13-14 entrainment and impingement P. 590/1. 19 levels [and] of impingement entrainment P. 595 / 1. 14 [FAQ] Fact P. 595 / 1. 17 entrainment and ,impingement P. 595 /1. 20 analysis is, P. 595 / 1. 21 submit it:

P. 605 /1.23 DEC P. 610/1. 17 [intentionally cause an] intentionally caused P. 610 / 1. 19 intentional P. 611/1. 16 caused attacks P. 612/1.25 [be] we have to do that P. 612/1. 14 [an amenable] a meaningful

.Text in brackets []has been deleted; underscored text has been added or corrected.

Page/Line Correction P. 613/1. 16 that's [a] Baltimore P. 615/1. 13 consequences P. 616/1. 19 you[r]

P. 623 / 1.25 says P. 623 /1. 1 [NUREG CR 6295] NUREG/CR-6295 P. 627 / 1.25 [balder] bald or P. 629/1.11 [difference is] differences P. 640 / 1.25 outlined P. 647 /1.21 [find] fine Capitalization Consistency Note:

If "Applicant," "Agency," and "Commission" are to be capitalized, then so, too, should "State" and "County" be capitalized.

Dated: April 2, 2008

/////

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-LR

)

)

(Indian Point Nuclear Generating Station, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (CORRECTIONS TO THE ORAL ARGUMENT TRANSCRIPT) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Lawrence G. McDade, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard E. Wardwell Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane E.

Mail Stop - T-3 F23 Ridgway, CO 81432 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sherwin E. Turk, Esq. Arthur J. Kremer, Chairman Beth N. Mizuno, Esq. New York AREA David E. Roth, Esq. 347 Fifth Avenue, Suite 508 Jessica A. Bielecki, Esq. New York, NY 10016 Marcia J. Simon, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal Office of the General Counsel Mail Stop 15021 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket Nos. 50-247/286-LR LB ORDER (CORRECTIONS TO THE ORAL ARGUMENT TRANSCRIPT)

Michael J. Delaney, Vice President - Energy Robert D. Snook, Esq.

New York City Assistant Attorney General Economic Development Corporation of the State of Connecticut 110 William Street 55 Elm Street New York, NY 10038 P.O. Box 120 Hartford, CT 06141-0120 Martin J. O'Neill, Esq. Thomas F. Wood, Esq.

Kathryn M. Sutton, Esq. Daniel Riesel, Esq.

Paul M. Bessette, Esq. Counsel for the Town of Cortlandt Mauri T. Lemoncelli, Esq. Sive, Paget & Riesel, P.C.

Morgan, Lewis & Bockius LLP 460 Park Avenue 1111 Pennsylvania Avenue, NW New York, NY 10022 Washington, DC 20004 Daniel E. O'Neill, Mayor Nancy Burton Village of Buchanan Connecticut Residents Opposed to James Seirmarc, M.S., Liaison to Indian Point Relicensing (CROIP) 236 Tate Avenue 147 Cross Highway Buchanan, NY 10511 Redding Ridge, CT 06876 Charlene M. Indelicato, Esq. Janice A. Dean, Assistant Attorney General Westchester County Attorney Office of the Attorney General Justin D. Pruyne, Esq. of the State of New York Assistant County Attorney 120 Broadway, 26 th Floor 148 Martine Avenue, 6th Floor New York, NY 10271 White Plains, NY 10601 Andrew M. Cuomo, Esq. Joan Leary Matthews, Esq.

Attorney General of the State of New York Senior Counsel for Special Projects John J. Sipos, Esq. Office of General Counsel Assistant Attorney General New York State Department of The Capitol Environmental Conservation Albany, NY 12224-0341 625 Broadway Albany, NY 12224

3 Docket Nos. 50-247/286-LR LB ORDER (CORRECTIONS TO THE ORAL ARGUMENT TRANSCRIPT)

FUSE USA Elise N. Zoli, Esq.

Heather Ellsworth Burns-DeMelo Goodwin Procter, LLP John LeKay Exchange Place Remy Chevalier 53 State Street Belinda J. Jaques Boston, MA 02109 Bill Thomas 35" Dyckman Street Peekskill, New York 10566 Diane Curran, Esq. Riverkeeper, Inc.

Counsel for Riverkeeper, Inc. Phillip Musegaas, Esq.

Harmon, Curran, Spielberg, Victor Tafur, Esq.

& Eisenberg, LLP 828 South Broadway 1726 M. Street NW, Suite 600 Tarrytown, NY 10591 Washington, DC 20036 Westchester Citizen's Awareness Network Mylan L. Denerstein (WestCan), Citizens Awareness Network Executive Deputy Attorney General (CAN), etc. Social Justice Office of the Attorney General Susan H. Shapiro, Esq. of the State of New York 21 Perlman Drive 120 Broadway, 25th Floor Spring Valley, NY 10977 New York, NY 10271 Richard L. Brodsky Assemblyman 5 West Main Street Suite 205 Elmsford, NY 10523 Sarah L. Wagner, Esq.

Legislative Office Building, Room 422 Albany, NY 12248

4 Docket Nos, 50-247/286-LR LB ORDER (CORRECTIONS TO THE ORAL ARGUMENT TRANSCRIPT)

Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.

112 Little Market St.

Poughkeepsie, I\IY 12601 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.

303 South Broadway, Suite 222 Tarrytown, NY 10591

/\ .

CLL~-~~

Office of the Secretar)lOfthCommission Dated at Rockville, Maryland this 17th day of June 2008