ML101440230
| ML101440230 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/21/2010 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Sherwin Turk - 301-415-1533 | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR, Indian Point 2 & 3, RAS E-357 | |
| Download: ML101440230 (8) | |
Text
May 21,2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of }
)
ENTERGY NUCLEAR OPERATIONS, INC. } Docket Nos. 50-247-LR/50-286-LR
}
(Indian Point Nuclear Generating )
Units 2 and 3) )
JOINT MOTION FOR CORRECTION OF TRANSCRIPT OF APRIL 19.2010 PREHEARING TELEPHONE CONFERENCE Pursuant to 10 C.F.R. § 2.323(a), the NRC Staff, Entergy Nuclear Operations, Inc., the State of New York, the State of Connecticut, Riverkeeper, Inc., Hudson Sloop Clearwater, Inc.,
and the Town of Cortlandt (collectively, "Joint Parties") hereby request that the transcript ofthe prehearing telephone conference held on April 19, 2010, be corrected in the manner set forth in Attachment A hereto. 1 In support of this motion, the Joint Parties state as follows:
- 1. On April 19, 2010, the Atomic Safety and Licensing Board ("Board") conducted a telephone conference with the participants in this proceeding. The telephone conference was recorded, and a transcript of the conference was then prepared. Upon review of that transcript, certain of the Joint Parties observed that it contains various inaccuracies that require correction.
- 2. On May 14, 2010, the NRC Staff ("Staff") filed a motion2 in which it requested (a) that the parties be permitted to file a further motion requesting that the transcript be 1 S99 Attachment A, "Proposed Corrections to Transcript of April 19, 2010 Teleconference from the State of New York, Riverkeeper, Inc., the Town of Cortlandt, the State of Connecticut, Hudson River Sloop Clearwater, Inc., Entergy Nuclear Operations, Inc., and NRC Staff."
2 S99 "NRC Staff's Request for Leave to Propose Transcript Corrections and for the Scheduling of a Prehearing Telephone Conference," dated May 14,2010 ("Staff Motion"),
2 corrected, and (b) that a further prehearing telephone conference be scheduled. The Board has not yet ruled on that motion.
- 3. In its Motion of May 14, 2010, the Staff noted that it had circulated its proposed transcript corrections to the other parties and participants in this proceeding, and that certain parties indicated they may seek to propose additional corrections to the transcript. Further, the Staff noted that certain parties had expressed support for the filing of a single, joint motion to correct the transcript. Staff Motion at 1-2. Accordingly, the Staff requested leave for the parties to file a motion proposing corrections to the transcript on or before May 21, 2010. Id. at 2.3
- 4. The Joint Parties have now completed their review of the transcript and have circulated their proposed transcript corrections for each others' consideration. During these communications, the Joint parties cooperatively developed a list of proposed transcript corrections, set forth in Attachment A hereto, with which they are in agreement. In accordance with 10 C.F.R. § 2.323(b), the Joint Parties have reached agreement on this Motion, and support the Board's adoption of the proposed corrections set forth in Attachment A heret0 4
- WHEREFORE, the Joint Parties respectfully request that the transcript of the April 19, 2010 telephone conference call be corrected as set forth in Attachment A hereto.
Respectfully subm~
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Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 21 st day of May 2010 3 The Staff attached to its motion a list of its proposed transcript corrections, but noted that "the Staff does not seek the Board's approval of these proposed corrections at this time, but will attempt to incorporate its proposed transcript corrections into a joint motion to be submitted by the parties during the coming week.* Staff Motion at 1 n.1.
4 Westchester County. the Village of Buchanan, and the New York City Economic Development Corporation did not participate in the telephone conference call of April 19.2010 (see Tr. 802, 900) and did not comment on the proposed transcript corrections.
ATIACHMENTA Proposed Corrections to Transcript of April 19. 2010 Teleconference from the State of New York. Riverkeeper, Inc., the Town of Cortlandt, the State of Connecticut, Hudson River Sloop Clearwater, Inc.,
Entergy Nuclear Operations, Inc., and NRC Staff 796/5 Esq. (after Andrew Stuyvenberg) 798/2 Assistant Attorney Genera 798/20 J.D. Esq.
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3 883/12 NEPA "NEPA 883/13 imposed imposes 883/13 taken. taken."
887/24 IP 209, IP 253, and IP 353, IP2-09, IP2-53, and IP3-53, 888/8-9 IP 209, IP 253, and IP 353, IP2-09, IP2-53, and IP3-53 889/11 for only were only 890/18-19 SAMAs of 33 identified as SAMAs. Footnote 33 identifies the 890/20 for 035 footnote 35 891/5 IP 29, IP 253, and IP 353 IP2 9, IP2 53, and IP3 53 891/7 February 2008. And Entergy's* February 2008 in Entergy's 891110 provided additional provided an additional 891/14 cost beneficial. In February 2008 cost beneficial in February 2008 893/22 MR. SIPOS: MR. TURK:
895/2 that's they're 895/3 It's That's 89617 would change would not change 897/19 that ofa 897/20 divide device 897/20 generated generator 897/22 numbered unnumbered 89811 in order on the order 899/3 Cannon Chanin 899/9 preventative benefit 899/12 t it 899115 Brenda Deborah 899/17-18 State of Environmental Conversation State Department of Environmental Conservation 899118 specification certification 899/19-20 18.2 continuing operating for license the operating licenses of Indian POint units 2 and 3B, renewed. Units 2 and 3 to be renewed, 900/16 SPEC. AGENT HANNON CHAIRMAN McDADE Dated: May 21,2010
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/50-286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing" foregoing"JOINT JOINT MOTION FOR CORRECTIONS TO TRANSCRIPT OF APRIL 19, 2010 PREHEARING TELEPHONE CONFERENCE," dated May 21,2010, have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, as indicated by an asterisk, or by deposit in the U.S.
Postal Service, as indicated by double asterisk, with copies by electronic mail this 21 st day of May, 2010:
Lawrence G. McDade, Chair* Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication*
Mail Stop - T -3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence. McDade@nrc.gov E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell* Office of the Secretary*
Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T -3 F23 Mail Stop: 0-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington. D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Richard. Wardwell@nrc.gov E-mail: Hearing.Docket@nrc.gov Dr. Kaye D. Lathrop* Zachary S. Kahn*
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 190 Cedar Lane E. Mail Stop - TT-3
-3 F23 Ridgway, CO 81432 U.S. Nuclear Regulatory Commission E-mail: Kaye. Lathrop@nrc.gov Washington, DC 20555-0001 E-mail: Zacharv.Kahn@nrc.gov
2-
- 2 Atomic Safety and Licensing Board Panel Josh Kirstein, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 Mail Stop - T -3 F23 Washington, DC 20555-0001 U. S, Nuclear Regulatory Commission (Via Internal Mail Only) Washington, D.C. 20555-0001 E-Mail: Josh.Kirstein@nrc.gov Kathryn M. Sutton, Esq.** Mylan L. Denerstein, Esq.**
Paul M. Bessette, Esq. Janice A. Dean, Esq.
Morgan, Lewis & Bockius, LLP Executive Deputy Attorney General, 1111 Pennsylvania Avenue, NW Social Justice Washington, D.C. 20004 Office of the Attorney General E-mail: ksutton@morganlewis.com of the State of New York E-mail: pbessette@morganlewis.com 120 Broadway, 25th Floor New York, NY 10271 E-mail: mylan.denerstein@oag.state.ny.us janice.dean@oag.state.ny.us Martin J. O'Neill, Esq. ** John J. Sipos, Esq.**
Morgan, Lewis & Bockius, LLP Charlie Donaldson, Esq.
1000 Louisiana Street, Suite 4000 Assistants Attorney General Houston, TX 77002 New York State Department of Law E-mail: martin.o.neill@morganlewis.com Environmental Protection Bureau The Capitol Albany, NY 12224 E-mail: john.sipos@oag.state.ny.us Esq.-
Elise N. Zoti, Esq. Joan Leary Matthews, Esq. **
Goodwin Procter, LLP Senior Attorney for Special Projects Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 02109 Office of the General Counsel E-mail: ezoli@goodwinprocter.com 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: ilmatthe@gw.dec.state.ny.us William C. Dennis, Esq.** John Louis Parker, Esq.**
Assistant General Counsel Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental Conservation White Plains, NY 10601 21 South Putt Corners Road E-mail: wdennis@entergy.com New Paltz, NY 12561-1620 E-mail: ilparker@gw.dec.state.ny.us
-3 Manna Jo Greene"' Michael J. Delaney, Esq,"'
Hudson River Sloop Clearwater, Inc. Vice President - Energy Department 112 Little Market Street New York City Economic Development Poughkeepsie, NY 12601 Corporation (NYCDEC)
E-mail: Mannajo@clearwater.org 110 William Street New York, NY 10038 E-mail: mdelaney@nycedc.com Ross H. Gould, Esq."' Justin D. Pruyne, Esq."'
10 Park Ave, 5L Assistant County Attorney New York, NY 10016 Office of the Westchester County Attorney th E-mail: rgouldesg@gmail.com 148 Martine Avenue, 6 Floor White Plains, NY 10601 E-mail: jdp3@westchestergov.com Daniel E. O'Neill, Mayor" Robert Snook, Esq. "'
James Seirmarco, M.S. Office of the Attorney General Village of Buchanan State of Connecticut Municipal Building 55 Elm Street Buchanan, NY 10511-1298 P.O. Box 120 E-mail: vob@bestweb.net Hartford, CN 06141-0120 E-mail: robert.snook@ct.gov Daniel Riesel, Esq"'. Phillip Musegaas, Esq.*'"
Thomas F. Wood, Esq. Deborah Brancato, Esq.
Ms. Jessica Steinberg, J.D. Riverkeeper, Inc.
Sive, Paget & Riesel, P.C. 828 South Broadway 460 Park Avenue Tarrytown, NY 10591 New York, NY 10022 E-mail: phillip@riverkeeper.org E-mail: driesel@sprlaw.com dbrancato@riverkeeper.org jsteinberg@sprlaw.com
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Sherwin E. Turk Counsel for NRC Staff