ML102600057
| ML102600057 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/25/2010 |
| From: | Bessette P Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, RAS E-397, ASLBP 07-858-03-LR-BD01 | |
| Download: ML102600057 (2) | |
Text
A h-S -r 3.77 Morgan, Lewis & Bockius LLP 1000 Louisiana Street M orga Lewis Suite 4200 couNSELORS AT LAW Houston, TX 77002 DOCKETED Tel: 713.890.5000 USNRC Fax: 713.890.5001 www.morganlewis.com August 26, 2010 (8:30a.m.)
OFFICE OF SECRETARY RULEMAKINGS AND Kathryn M. Sutton ADJUDICATIONS STAFF Partner 202.739.5738 ksutton@morganlewis.com Paul M. Bessette Partner 202.739.5796 pbessette@morganIewis.com Martin J. O'Neill Associate 713.890.5710 martin.oneill@morganlewis.com August 25, 2010 Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop Atom ic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket:
Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos. 50-247-LR and 50-286-LR RE:
Entergy's Motion for Summary Disposition of Consolidated Contentions New York State 26/26A and Riverkeeper Technical Contentions 1/1A (Metal Fatigue of Reactor Components)
Dear Administrative Judges:
Pursuant to 10 C.F.R. § 2.1205, Entergy Nuclear Operations, Inc. ("Entergy") is filing a Motion for Summary Disposition of consolidated New York State ("NYS") Contentions 26/26A and Riverkeeper, Inc. Technical Contentions 1/1A (collectively "Consolidated Contention"). As admitted by the Board, the Consolidated Contention alleges that Entergy's license renewal application for Indian Point Nuclear Generating Unit 2 and Unit 3 does not include an adequate aging management program for metal fatigue because Entergy has not performed the environmentally-assisted fatigue evaluations purportedly required as a condition precedent to license renewal. For the reasons set forth in the enclosed Motion and supporting attachments, Entergy submits that, in view of recent developments, the Consolidated Contention should be dismissed as a matter of law,
Morgan Lewis Lawrence G. McDade, Chairman COUNSELORS AT LAW Dr. Richard E. Wardwell Dr. Kaye D. Lathrop August 25, 2010 Page 2 of 2 In accordance with paragraph K.2 of the Board's September 4, 2009, Protective Order, counsel for Entergy is notifying the Board that Attachments 15 and 16 to the enclosed Motion constitute Entergy-Designated Proprietary Information Owned by Westinghouse. Those attachments are described as follows:
- 5: Westinghouse Electric Co., WCAP-17199-P, Revision 0, Environmental Fatigue Evaluation for Indian Point Unit 2 (June 2010) and
- 6: Westinghouse Electric Co., WCAP-17200-P, Revision 0, Environmental Fatigue Evaluation for Indian Point Unit 3 (June 2010).
In accordance with paragraph K of the Protective Order, Attachments 15 and 16 have been appropriately marked as containing Entergy-designated proprietary information, and are being served by e-mail and overnight delivery only upon the Board, its law clerks, the Office of the Secretary, and representatives of Hearing Participants that are authorized to receive such information pursuant to the Protective Order. The Motion itself does not contain any proprietary information.
Please note that Entergy also is serving those service list members not authorized to receive proprietary information a copy of the Motion and a public (non-proprietary) version of the supporting attachments that excludes proprietary Attachments 15 and 16. Service is being made via e-mail and by first-class mail (on those persons not receiving the proprietary Version).
Respectfully submitted, Kathry M. Sutton, Esq.
Paul M. Bessette, Esq.
Martin J. O'Neill, Esq.
Counsel for Entergy Nuclear Operations, Inc.