ML102850746

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NRC Staff Letter to Ny State on Contention 35 and 36
ML102850746
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 10/12/2010
From: Harris B
NRC/OGC
To: Sipos J
State of NY, Dept of Law
References
50-247-LR, 50-286-LR
Download: ML102850746 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 October 12, 2010 CHAIRMAN John J. Sipos, Esq.

Assistant Attorney General New York State Department of Law Environmental Protection Bureau The Capitol Albany, NY 12224 Re: lndian Point Units 2 and 3 License Renewal Application (Docket Nos. 50-247150-286-LR)

Dear Mr. Sipos:

I am writing in response to your August 31, 2010 letter to Sherwin Turk. Your letter states that since Contentions 35 and 36 have been admitted (pending interlocutory review by the Commission), the staff of the Nuclear Regulatory Commission ("Staff') should have disclosed, if not already produced, all documents related to those contentions in its July 30, 2010 disclosure log. Further, you stated that after reviewing only the disclosure log dated July 30, 2010, you found no documents relating to either Contention 35 or 36. Finally, you requested that the Staff produce "all documents 'available' . . . that are relevant to Contentions 35 andlor 36 . . .."

The Staff's disclosure obligations are set forth in 10 C.F.R. 2.336(b) and 2.1203. For parties other than the Staff, documents relevant to the admitted contentions must be disclosed. See, e.g., 10 C.F.R. 2.336(a)(2)(i). The Staff's disclosure obligations, in contrast, are not limited to admitted contentions, but pertain to the application in general. See 10 C.F.R. § 2.336(b)(3).

The Staff has disclosed all documents in its possession pertaining to the lndian Point license renewal application in accordance with 10 C.F.R. 2.336(b). In particular, the Staff has disclosed the documents in its possession pertaining to Entergy's December 2009 SAMA reanalysis, which is the subject of New York Contentions 35 and 36. For example, such documents were identified in the Staff's 1lth disclosure supplement, dated December 30, 2009, and its 12Ihdisclosure supplement, dated January 29, 2010, among others.

The Staff will continue to identify documents pertaining to the lndian Point license renewal application, including Entergy's December 2009 SAMA reanalysis, in accordance with its obligations under 10 C.F.R. §§ 2.336(b) and 2.1203.

Counsel for NRC Staff