ML090560649
| ML090560649 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/05/2009 |
| From: | Filler S, Greene M, Matthews J, Musegaas P, Sipos J, Snook R Hudson River Sloop Clearwater, Riverkeeper, State of CT, Office of the Attorney General, State of NY, Dept of Environmental Conservation, State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS E-223 | |
| Download: ML090560649 (8) | |
Text
DOCKETED USNRC February 5, 2009 (4:55pm)
OFFICE OF SECRETARY RULEMAKINGS AND UNITED STATES ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD0l Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. February 5, 2009
x JOINT MOTION REQUESTING ESTABLISHMENT OF A DATE CERTAIN FOR THE FILING OF NEW OR AMENDED CONTENTIONS RELATED TO THE DRAFT SAFETY EVALUATION REPORT AND AUDIT REPORTS Pursuant to 10 CFR §2.323, the State of New York, State of Connecticut, Riverkeeper, Inc., and Hudson River Sloop Clearwater ("Petitioners") file this joint motion to request that the time within which they would be required to file new or amended contentions based on the NRC Staff's Draft Safety Evaluation Report (SER) and Audit Reports be no later than March 18, 2008. As noted in the section on Consultation pursuant to §2.323(b) below, Petitioners bring this motion after engaging in substantial discussions among the parties in an attempt to resolve the issue. Despite the series of discussions, the parties were unable to come to a resolution.
The NRC Staff served its SER and accompanying Audit Reports on the parties on January 15, 2009. See Letter from Brian Holian, Director, Division of License Renewal, Office of Nuclear Reactor Regulation, to Joseph E. Pollock, Vice President, Operations, Entergy Nuclear Operations, Inc. (Jan. 15, 2009) (ADAMS Accession No. ML090060045); Letter from Kimberly Green, Safety Projects Manager, Project Branch 2, Division of License Renewal, Office of Nuclear Reactor Regulation, to Vice President, Operations, Entergy Nuclear Operations, Inc. (Jan. 13, 2009) (ADAMS Accession Nos.
I
ML083540648, ML083540662). Although the Board, in its Memorandum and Order Summarizing Pre-Hearing Conference issued February 4, 2009 in this proceeding did not specify a specific time-frame within which new contentions based upon newly available information must be filed, other ASLB Panels have adopted schedules specifying that new contentions filed within 30 days of the issuance of major documents, such as the draft SER, will be deemed timely filed within the meaning of 10 C.F.R. §2.309(c) and need only meet the requirements of 10 C.F.R. § 2.309(f), particularly § 2.309(f)(2). See, e.g., In the Matter of Entergy Nuclear Vermont Yankee, LLC, Docket No. 50-271-LR, ASLBP No. 06-849-03-LR, Initial Scheduling Order (Nov. 17, 2006) at 7.
Using that analysis, new contentions based on the SER, if any, would be due no later than February 17, 2009. Petitioners' request for additional time to file new or amended contentions based on the recently issued SER is entirely reasonable, in light of the following. First, the SER is complex and voluminous, reaching almost 900 pages in length. It covers a multitude of issues that require review by the Petitioners' technical experts. In the SER, the NRC Staff has performed analyses and reviews that must be examined to determine what, if any, additional contentions Petitioners believe are warranted. The requested extension will allow a careful review of the SER, which will improve the quality of the contentions that Petitioners may file, and will facilitate the Board's consideration of the admissibility and merits of any new contentions offered. In addition, the Audit Report for Plant Aging Management Programs and Reviews ("Audit Report") includes an extensive list of Entergy documents reviewed by the NRC Staff during the onsite audits. See Audit Report pgs. 92-94. Based on discussions with NRC counsel, Petitioners believe many of these documents were not taken into possession by 2
the NRC Staff, and thus were not entered into the ADAMS database or are not otherwise publicly available, unless they were included in Entergy's initial discovery disclosures in this proceeding. Determining which relevant documents are included in Entergy's disclosures will take additional time, as will requesting the relevant documents from Entergy and reviewing them thoroughly.
Second, the requested extension will not have a material impact on the schedule for completing these hearings. As a result, it does not appear that harm or prejudice will result to Entergy or the NRC Staff. Although no full schedule has yet been set for the adjudicatory hearing in this proceeding, typically, the adjudicatory hearing is not held until after the final SEIS and final SER are released by the NRC Staff. See, e.g., 10 C.F.R. Part 2, Appendix B, Model Milestones for hearing under Subpart L. According to the NRC' s current review schedule for the Indian Point License Renewal Application, the completed SER is not scheduled to be released until July 27, 2009, and the final SEIS is not scheduled to be complete until February 2010. See NRC's Indian Point License Renewal Application webpage, at http://www.nrc. gov/reactors/operatina!/Iicensing/renewal/applications/indian-point.html, last accessed February 4, 2009. Extending the time for filing contentions based on the SER will not interfere or cause unreasonable delay with either of those dates.
Third, an unusual confluence of a number of other deadlines and obligations relevant to this proceeding presents significant challenges to Petitioners in meeting the February 17, 2009, deadline. Specifically, the Petitioners are involved in the following related activities:
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(1) Thursday, February 12 -- NRC has scheduled two public meetings on the Draft Supplemental Environmental Impact Statement for Indian Point,
("DSEIS"), which require preparation and attendance by Petitioners.
(2) Monday, February 16 (the day before new SER contentions are currently due) is a national holiday.
(3) Wednesday, March 4 -- The NRC's Advisory Committee on Reactor Safeguards ("ACRS") subcommittee meeting on the Indian Point license renewal is scheduled to be held in Rockville, Maryland. Petitioners are preparing to attend this meeting, and expect that NRC Staff and potentially Entergy personnel will also be in attendance.
(4) Wednesday, March 18 -- Written comments are due on the draft Supplemental EIS for the Indian Point license renewal application.
Consultation with Parties Pursuant to 10 C.F.R. § 2.323(b)
On January 26, counsel for Riverkeeper and New York State first telephoned and spoke with counsel for Entergy to raise the issue and determine whether Entergy would consent to the extension of time. Riverkeeper counsel left a phone message for NRC Staff counsel on January 27, with a request to confer regarding this request. On January 29, Entergy counsel suggested continuing the discussions via a conference call, which took place on Monday, February 2. A further conference call among the parties was held on Tuesday, February 3. Various alternative scheduling proposals were e-mailed among the parties during the first part of this week. Parties discussed among themselves and with their clients, where relevant, the possibility of a three-week extension, along with a three-week extension of time for answers to contentions to be filed. On Tuesday, February 3, counsel for Entergy, Martin O'Neill, contacted parties by electronic mail indicating that "Entergy continues to believe ... that a 2-week extension of time (with a commensurate 2-week extension of time for Entergy to respond to any amended or new contentions) is reasonable under the circumstances." Sherwin Turk, counsel for the NRC 4
Staff, indicated that Staff does not oppose petitioners' motion as long as Staff is given a commensurate extension of time (specifically, through April 27, 2009) within which to respond. Petitioners would not oppose the Staff's request in this regard.
Petitioners submit that a four-week extension is appropriate, and that a two-week extension will not alleviate the burden on counsel for Petitioners, who are already preparing to meet the above-referenced deadlines. Petitioners respectfully request that the Board establish a filing date of March 18, 2009, for any new or amended contentions based on the draft SER and Audit Reports, and specify that contentions filed by that date will be deemed timely within the meaning of 10 C.F.R. §§ 2.309(c) and 2.309(f)(2)(iii) and no further showing under those provisions will be necessary.
For all the reasons stated and in the interest of justice, Petitioners respectfully request that their joint motion be granted.
Dated: February 5, 2009 Albany, New York Respectfully submitted, State of New York ALEXANDER B. GRANNIS ANDREW M. CUOMO Commissioner Attorney General for the State of New York New York State Department of Environmental Conseriation
>EARY MATTHEW AOHN J JPos-ssociate Commissioner Assistant Attorney General New York State Department Office of the Attorney General of Environmental Conservation The Capitol Office of Hearings & Mediation Services Albany, New York 12224 625 Broadway, 14th Floor (518) 402-2251 Albany, New York 12233-5500 iohn.siposaoag.state.nv. us (518) 402-9190 jlmatthe(-gw.dec.state.ny. us 5
JOHN L. PARKER JANICE A. DEAN Region 3 Attorney Assistant Attorney General New York State Department Office of the Attorney General of Environmental Conservation 120 Broadway Region 3 Headquarters New York, NY 21 South Putt Corners Road (212) 416-8459 New Paltz, NY 12561-1620 iani ce. dean (oag. state. n V.us (845) 256-3037 jlparker(',gw. dec. state.ny.us State of Connecticut Robert D. Snook Assistant Attorney General Federal Bar No. ct10897 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5020 Fax: (860) 808-5347 Robert. Snook@po.state.ct.us Riverkeeper, Inc.
Phillip Mfisegaas, Esq. Y 71 "
Hudson River Program Director Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 914-478-4501 (ext. 224)
Phillip(ýDriverkeeper.or Hudson River Sloop Clearwater, Inc.
Manna Jo G-Keene, Environrr/eiial Director Stepen C. Filler, Esq. 7.*'
Hudson River Sloop Clearwater, Inc. Board Member 112 Market Street Hudson River Sloop Clearwater, Inc.
Poughkeepsie, NY 12601 303 South Broadway 845-454-7673 (ext. 113) Suite 222 Mannaj o(ccl earwater.orgc Tarrytown, NY 10591 sfiller(anylawline.com 6
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, ENTERGY NUCLEAR INDIAN POINT 3, LLC, and ENTERGY NUCLEAR OPERATIONS, INC. Docket Nos.
50-247-LR & 50-286-LR INDIAN POINT NUCLEAR GENERATING UNITS 2 & 3 ASLBP No.
Regarding the Renewal of Facility Operating Licenses 07-858-03-LR-BDO1 No. DPR-26 and No. DPR-64 for an Additional 20-year Period CERTIFICATE OF SERVICE I certify that on February 5, 2009, copies of the foregoing Joint Motion Requesting Establishment of a Date Certain for the Filing of New or Amended Contentions Related to the Draft Safety Evaluation Report and Audit Reports were served, on behalf of Petitioners State of New York, State of Connecticut, Riverkeeper, Inc., and Hudson River Sloop Clearwater, Inc. on the following persons by regular first class mail and e-mail:
Lawrence G. McDade, Chair Kaye D. Lathrop Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 190 Cedar Lane E.
Two White Flint North Ridgway, CO 81432 11545 Rockville Pike Kaye.Lathrop@nrc.gov Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Richard E. Wardwell Mailstop 3 F23 Administrative Judge Two White Flint North Atomic Safety and Licensing Board Panel 11545 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, MD 20852-2738 Mailstop 3 F23 Two White Flint North Office of Commission Appellate Adjudication 11545 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, MD 20852-2738 Mailstop 16 G4 Richard.Wardwell@nrc.gov One White Flint North 11555 Rockville Pike Zachary S. Kahn, Esq. Rockville, MD 20852-2738 Law Clerk ocaamail@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Office of the Secretary Mailstop 3 F23 Attn: Rulemaking and Adjudications Staff Two White Flint North U.S. Nuclear Regulatory Commission 11545 Rockville Pike Washington, D.C. 20555-0001 Rockville, MD 20852-2738 hearingdocket@nrc.gov Zachary.Kahn@nrc.gov
Sherwin E. Turk, Esq. Daniel Riesel, Esq.
Brian G. Harris Thomas F. Wood, Esq.
David E. Roth, Esq. Jessica Steinberg, Esq.
Beth N. Mizuno, Esq. Sive, Paget & Riesel, P.C.
Marcia J. Simon 460 Park Avenue Jessica A. Bielecki New York, NY 10022 Office of the General Counsel driesel@sprlaw.com U.S. Nuclear Regulatory Commission jsteinberg@sprlaw.com Mailstop 15 D21 One White Flint North Manna Jo Greene, Director 11555 Rockville Pike Hudson River Sloop Clearwater, Inc.
Rockville, MD 20852-2738 112 Little Market St.
set@nrc.gov Poughkeepsie, NY 12601 brian.harris@nrc.gov Mannajo@clearwater.org der@nrc.gov bnml@nrc.gov Stephen C. Filler, Esq.
marcia.simon@nrc.gov Board Member jessica.bielecki@nrc.gov Hudson River Sloop Clearwater, Inc.
303 South Broadway Kathryn M. Sutton, Esq. Suite 222 Paul M. Bessette, Esq. Tarrytown, NY 10591 Martin J. O'Neill, Esq. sfiller@nylawline.com Mauri T. Lemoncelli, Esq.
Morgan, Lewis & Bockius LLP Diane Curran, Esq.
1111 Pennsylvania Avenue, NW Harmon, Curran, Speilberg & Eisenberg, LLP Washington, DC 20004 Suite 600 ksutton@morganlewis.com 1726 M Street, NW pbessette@morganlewis.com Washington, DC 20036 martin.o'neill@morganlewis.com dcurran@harmoncurran.com mlemoncelli@morganlewis.com Phillip Musegaas, Esq.
Elise N. Zoli, Esq. Victor Tafur, Esq.
Goodwin Procter, LLP Deborah Brancato, Esq.
Exchange Place Riverkeeper, Inc.
53 State Street 828 South Broadway Boston, MA 02109 Tarrytown, NY 10591 ezoli@goodwinprocter.com phillip@riverkeeper.org vtafur@riverkeeper.org William C. Dennis, Esq. dbrancato@riverkeeper.org Assistant General Counsel Entergy Nuclear Operations, Inc. Daniel E. O'Neill, Mayor 440 Hamilton Avenue James Seirmarcho, M.S.
White Plains, NY 10601 Village of Buchanan wdennis@entergy.com Municipal Bldg.
236 Tate Avenue Robert D. Snook, Esq. Buchanan, NY 10511-1298 Assistant Attorney General vob@bestweb.net Office of the Attorney General State of Connecticut Michael J. Delaney, Esq.
55 Elm Street Vice President - Energy Department P.O. Box 120 New York City Economic Development Corporation Hartford, CT 06141-0120 (NYCEDC) robert.snook@po.state.ct.us 110 William Street New York, NY 10038 Justin D. Pruyne, Esq. mdelaney@nycedc.com Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 J*Jy(4n Leary Matthews' jdp3@westchestergov.com