ML081850535

LB Order (Directing Briefing in Response to New Yorks Motion to Preserve Working Papers)

ML081850535
Person / Time
Site:	Indian Point
Issue date:	07/03/2008
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:
SECY/RAS
References
07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS E-115
Download: ML081850535 (6)

Text

1 New York Motion To Preserve All NRC Staff Notes And Working Papers Pursuant To 10 C.F.R. § 2.336(b)(3) at 1 (June 30, 2008).

UNITED STATES OF AMERICA DOCKETED 07/03/08 NUCLEAR REGULATORY COMMISSION SERVED 07/03/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 July 3, 2008 ORDER (Directing Briefing in Response to New Yorks Motion to Preserve Working Papers)

On June 30, 2008, the State of New York filed a Motion in which it asked this Board to order the NRC Staff to preserve all NRC Staff documentation that would have to be produced, or identified as allegedly privileged pursuant to 10 C.F.R. § 2.336(b).1 The Certificate of Service that was attached to the Motion stated that service of the motion was perfected electronically on Jule 30, 2008. Accordingly, pursuant to 10 C.F.R. § 2.323(c), answers to this motion are due no later than July 10, 2008.

The Board hereby directs that on or before July 10, 2008, the NRC Staff shall respond to New Yorks Motion (or, in the alternative, request an extension of time within which to file an Answer) and, in its response it shall address, inter alia, the following questions:

1) For the retention of documents relevant to this proceeding, is the NRC Staff following the Audit and Review Plan for Aging Management Reviews and Programs, Indian Point Nuclear Generating Station, Units 2 and 3 (Sept. 27, 2007) [IP Audit and Review Plan]?

2) If the Staff is not following the IP Audit and Review Plan for document 2 The Board requests, but does not direct Entergy to file a response to New Yorks Motion and this Order. Such a response should be filed on or before the date on which the NRC Staffs response is due. New York may, but need not respond to the NRC Staff and Entergy. Other participants in this proceeding may submit comments on New Yorks Motion, this Order, and/or the NRC Staff and Entergys responses. Any such response or comment shall be filed no later than seven days after the NRC Staffs and Entergys responses are filed.

3 A copy of this Order was sent this date by First Class 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) Counsel for WestCAN, CAN, RCCA, PHASE and the Sierra Club - Atlantic Chapter; (7) Manna Jo Green, the representative for Clearwater; (8) Nancy Burton as the representative of CRORIP; (9) Counsel for Westchester County; (10) Counsel for the Town of Cortlandt.

retention, what guidance is the Staff using, and who made the decision to use that guidance as opposed to the IP Audit and Review Plan?

3) Explain the legal basis, and the policy basis, for using an alternative to the IP Audit and Review Plan.

4) Explain the Boards legal authority to order parties to retain records, and describe the authority for and nature of any sanctions the Board may issue to parties that violate such an order.

5) Advise the Board whether any documents that would potentially have been discoverable in this proceeding have been destroyed, identify those documents, explain when the documents were destroyed, why the documents were destroyed and identify the individual(s) who directed that the documents be destroyed.2 In addition, the Board directs that all documents now in existence that potentially would have to be produced, or identified as privileged pursuant to 10 C.F.R. § 2.336(b), be retained pending further Order from this Board.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD3 Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD July 3, 2008

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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ENTERGY NUCLEAR OPERATIONS, INC.

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Docket Nos. 50-247/286-LR

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(Indian Point Nuclear Generating Station,

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Units 2 and 3)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (DIRECTING BRIEFING IN RESPONSE TO NEW YORKS MOTION TO PRESERVE WORKING PAPERS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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 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 Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.

Ridgway, CO 81432 Sherwin E. Turk, Esq.

Beth N. Mizuno, Esq.

David E. Roth, Esq.

Jessica A. Bielecki, Esq.

Marcia J. Simon, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Arthur J. Kremer, Chairman New York AREA 347 Fifth Avenue, Suite 508 New York, NY 10016

2 Docket Nos. 50-247/286-LR LB ORDER (DIRECTING BRIEFING IN RESPONSE TO NEW YORKS MOTION TO PRESERVE WORKING PAPERS)

Michael J. Delaney, Vice President - Energy New York City Economic Development Corporation 110 William Street New York, NY 10038 Robert D. Snook, Esq.

Assistant Attorney General of the State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Martin J. ONeill, Esq.

Kathryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Mauri T. Lemoncelli, Esq.

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Thomas F. Wood, Esq.

Daniel Riesel, Esq.

Counsel for the Town of Cortlandt Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 Daniel E. ONeill, Mayor Village of Buchanan James Seirmarc, M.S., Liaison to Indian Point 236 Tate Avenue Buchanan, NY 10511 Nancy Burton Connecticut Residents Opposed to Relicensing (CROIP) 147 Cross Highway Redding Ridge, CT 06876 Charlene M. Indelicato, Esq.

Westchester County Attorney Justin D. Pruyne, Esq.

Assistant County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 Janice A. Dean, Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, NY 10271 Andrew M. Cuomo, Esq.

Attorney General of the State of New York John J. Sipos, Esq.

Assistant Attorney General The Capitol Albany, NY 12224-0341 Joan Leary Matthews, Esq.

Senior Counsel for Special Projects Office of General Counsel New York State Department of Environmental Conservation 625 Broadway Albany, NY 12224

Docket Nos. 50-247/286-LR LB ORDER (DIRECTING BRIEFING IN RESPONSE TO NEW YORKS MOTION TO PRESERVE WORKING PAPERS) 3 FUSE USA Heather Ellsworth Burns-DeMelo John LeKay Remy Chevalier Belinda J. Jaques Bill Thomas 351 Dyckman Street Peekskill, New York 10566 Elise N. Zoli, Esq.

Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 Diane Curran, Esq.

Counsel for Riverkeeper, Inc.

Harmon, Curran, Spielberg,

& Eisenberg, LLP 1726 M. Street NW, Suite 600 Washington, DC 20036 Riverkeeper, Inc.

Phillip Musegaas, Esq.

Victor Tafur, Esq.

828 South Broadway Tarrytown, NY 10591 Westchester Citizens Awareness Network (WestCan), Citizens Awareness Network (CAN), etc.

Susan H. Shapiro, Esq.

21 Perlman Drive Spring Valley, NY 10977 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 Mylan L. Denerstein Executive Deputy Attorney General Social Justice Office of the Attorney General of the State of New York 120 Broadway, 25th Floor New York, NY 10271

Docket Nos. 50-247/286-LR LB ORDER (DIRECTING BRIEFING IN RESPONSE TO NEW YORKS MOTION TO PRESERVE WORKING PAPERS) 4 Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.

112 Little Market St.

Poughkeepsie, NY 12601 Stephen C. Filler, Board Member Hudson River Sloop Clearwater, Inc.

303 South Broadway, Suite 222 Tarrytown, NY 10591

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 3rd day of July 2008