ML100600686
| ML100600686 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/22/2010 |
| From: | Sipos J 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-334 | |
| Download: ML100600686 (8) | |
Text
DOCKETED USNRC February 22, 2010 6:43 pm UNITED STATES OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD x
In re:
License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
X Docket Nos. 50-247-LR; 50-286-LR ASLBP No. 07-858-03-LR-BDOI DPR-26, DPR-64 February 22, 2010 MOTION BY THE STATE OF NEW YORK REQUESTING A TWO-WEEK EXTENSION OF THE SCHEDULE WITHIN WHICH THE STATE MAY FILE CONTENTIONS RELATED TO ENTERGY'S REVISED SUBMISSION CONCERNING SEVERE ACCIDENT MITIGATION ALTERNATIVES The State of New York respectfully requests that the Atomic Safety and Licensing Board enter a scheduling order extending the time for the State to file additional contentions relating to Entergy's revised submission concerning severe accident mitigation alternatives (SAMA) analyses until March 11, 2010. This represents a two-week'extension of the current schedule established by the Board's January 22, 2010 order that, in turn, granted the State's January 15, 2010 motion that sought to establish February 25, 2010 as the date by which such filing was due.
The State has discussed this proposed requested extension with counsel for Entergy and NRC Staff. Entergy "reserves judgment'" on the request pending its review of the motion. At this time, NRC Staff takes no position on the matter.
Factual Background On December 14, 2009, Entergy sent an email to the Board and the parties notifying them that it had revised the inputs to the MACCS2 computer code and had prepared and submitted a
-1]-
revised SAMA analysis to NRC Staff for its review pursuant to the National Environmental Policy Act (NEPA) and Commission regulations. Attached to the email was a.pdf file of the revised.SAMA submission; the State received a paper copy of the revised SAMA submission on December 21, 2009. As previously noted in the State's January 15, 2010 motion, following the revised SAMA submission, the State requested that Entergy provide various documents in various formats to assist the State's review of the submission, and, in turn, Entergy has forwarded documents and files to the State on compact discs. For example, the State sent inquiries to Entergy on December 15 and 30, 2009 and January 4 and 14, 2010 and received documents and files from Entergy on December 21, 2009, and January 7 and 20, 2010.
Since the State filed its January 15 motion, certain events have occurred which support the requested two-week extension. On February 4,,2010, NRC Staff informed the Board and the parties that Staff was extending the planned completion date of-the Final Supplemental Environmental Impact Statement (FSEIS) from February 12, 2010 to May 31, 20 10. In a communication to Entergy, NRC Staff stated that the FSEIS extension was due, in part, to "new information that Entergy Nuclear Operations, Inc. has submitted to the U.S. Nuclear Regulatory Commission, including... revised severe accident mitigation alternative analyses." See February 2, 2010 letter from D. Wrona, NRC Staff, to J. Pollock, Entergy Nuclear Operations, Inc., ML100110063.
On February 8, 2010, the State requested additional information from Entergy that may have been reviewed in preparing the revised SAMA submission; Entergy responded to the State's request on February 16, 2010, with a compact disc arriving on February 17. This informationincluded, among other things, four years of meteorological data for the years 2001 through 2004.
Also on February 17, 2010, the State received the MACCS2 computer code from NRC Staff.1 The requested two-week extension will allow the State and.its experts necessary time to review the information received last week and to evaluate the revised SAMA submission. In this proceeding, the Board has recognized that, depending on the particular, situation, parties may be accorded some time to review new submissions.and that the parties should try to work out scheduling matters among themselves in the first instance. See Transcript of January 14, 2009 Conference ("Tr.") at 765-68, 769-70, ML090350071.
Reasons Supporting the Proposed Schedule The State respectfully submits that several reasons support the request for the proposed schedule extension to allow the timely filing of contentionsconcerning the revised SAMA submission. First, the extensionwill allow a careful analysis of the-recently received information in conjunction with the revised SAMA submission, will improve the quality of any contentions that the State may file, and may facilitate the Board's consideration of the admissibility and merits of any new contentions offered. Accord Tr. at 768 ("Our experience is that well thought out, well written contentions are much easier to adjudicate than contentions that need to be pushed together very quickly at the last moment under a very stringent time frame.").
Second, counsel for the State and Entergy have worked promptly and cooperatively to identify, request, and provide documents and files that relate to the revised SAMA submission.
Additionally, the State and NRC Staff resolved the dispute concerning the production of the MACCS2 code, which plays a role in the SAMA analysis. NRC delivered the MACCS2 The State previously had filed a motion to compel NRC Staff to produce the MACCS2 computer code; on January 27, 2010, NRC Staff agreed to produce the code absent any fee. Shipment of the computer code to the State was delayed by winter storms, in the Washington D.C. area in February 2010.
computer code to the State on Wednesday, February 17, 2010 - five days ago.
Third, it does not appear that the proposed schedule will have a material impact on the schedule for completing the evidentiary hearings in this proceeding. On February 4, 2010, NRC Staff informed the Board and the parties that Staff was extending the planned completion date of the FSEIS from mid-February 2010 to May 31, 2010 - a three-and-a-half-month extension. Staff stated that the extension was necessitated by the receipt of additional information from Entergy, including Entergy's December 2009 revised SAMA analysis. Thus, NRC Staff also has allocated additional time to review the revised SAMA analysis. Although no full schedule has yet.been set for the hearings, typically, an adjudicatory hearing is not held Until after the final SEIS and final Safety Evaluation Report are released by NRC Staff. See, e.g., 10 C.F.R. Part 2, Appendix B, Model Milestones for hearing under Subpart L: Extending the time for filing contentions will not interfere with the hearing date as the FSEIS has not yet been issued.
Consultation with Parties Pursuant to 10 C.F.R. 2.323 Counsel for the State of New York has discussed the proposed extension with counsel for Entergy and NRC Staff.
On Saturday, February 20, 2010, Assistant Attorney General Sipos andPaul Bessette, counsel for Entergy, communicated about the State's request. On February 22, 2010, AAG Sipos and Entergy's counsel, Kathryn Sutton, discussed the request. Entergy "reserves judgment" on the State's request pending Entergy's review of the motion.
On February.20, 2010, AAG Sipos also sent an email to Sherwin Turk, counsel for NRC Staff, about the State's request. On February 22, 2010, AAG Sipos telephoned Mr. Turk and discussed the State's request. NRC Staff "takes no position at this time, but will state [its]
position promptly in response to the State's motion."
Conclusion For the above reasons, the State of New York respectfully requests that the Board issue an order approving a two-week extension of the filing date for new or amended contentions based on the revised SAMA submission to March 11, 2010.
Respectfully submitted, John J. Sipos Janice A. Dean Assistant Attorneys General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
7 X
In re:
Docket Nos. 50-247-LR and 50-286-LR License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
x ASLBP No. 07-858-03-LR-BD0I DPR-26, DPR-64 February 22, 2010 CERTIFICATE OF SERVICE I hereby certify that on February 22, 20.10, copies of the State of New York's motion requesting a two-week extension of the schedule within which the State may file contentions related to Entergy's revised submission concerning severe accident mitigation alternatives, were served upon the following persons via U.S. Mail and e-mail at the following addresses:
Lawrence G. McDade, Chair Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Lawrence. McDade@nrc.gov Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Richard.Wardwell@nrc.gov Kaye D. Lathrop Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 190 Cedar Lane E.
Ridgway, CO 81432 Kaye. Lathrop@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Zachary S. Kahn, Esq. &
Josh Kirstein, Esq., Law Clerks AtomicSafety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Zachary.Kahn@nrc.gov JoSh.Kirstein@nrc.gov I
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mailstop 3. F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 hearingdocket@nrc.gov Sherwin E. Turk, Esq.
David E. Roth, Esq.
Andrea Z. Jones, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Office of.the General Counsel U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 sherwin.turk@nrc.gov andrea.jones@nrc.gov david.roth@nrc.gov beth.mizuno@nrc.gov brian.harris@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Mauri T. Lemoncelli, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com mlemoncelli@morganlewis.com cadams@morganlewis.com Martin J. O'Neill, Esq.
Morgan, Lewis & Bockius LLP Suite 4000 1000 Louisiana Street Houston, TX 77002 martin.o'neill@morganlewis.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA.02109 ezoli@goodwinprocter.com William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 wdennis@entergy.com Robert D. Snook, Esq.
Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street PO. Box 120 Hartford, CT 06141-0120 robert.snook@po.state.ct.us Gergory Spicer, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 1060.1 gss I @westchestergov.com Daniel E. O'Neill, Mayor James Seirmarco, M;.S.
Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 vob@bestweb.net 2
Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Jessica Steinberg, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com jsteinberg@sprlaw.com Michael J. Delaney, Esq.
Vice President - Energy Department New York City Economic Development Corporation (NYCEDC) 110 William Street New York, NY 10038 mdelaney@nycedc.com Manna Jo Greene, Director Hudson River Sloop Clearwater, Inc.
112 Little Market St.
Poughkeepsie, NY 12601 Mannaj o@clearwater.org Stephen Filler, Esq.
Board Member Hudson River Sloop Clearwater, Inc.
Suite 222 303 South Broadway Tarrytown, NY 10591 sfiller@nylawline.com Ross H. Gould Member Hudson River Sloop Clearwater, Inc.
10 Park Ave, #5L New York, NY 10016 rgouldesq@gmail.com Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 phi llip@riverkeeper.org dbrancato@riverkeeper.org John Sipos Dated at Albany, New York this 22nd day of February 2010 3