ML11132A101
| ML11132A101 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/28/2011 |
| From: | Jeremy Dean, 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-513 | |
| Download: ML11132A101 (6) | |
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~OR.IGINL April 28, 2011 (4:30 p.m.)
UNITED STATES OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF 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-BDOI Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. April 28, 2011
x STATE OF NEW YORK ANSWER TO NRC STAFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME The State of New York files this answer to NRC Staff s April 27, 2011 motion for an extension of time to respond to the State's April 22, 2011 motion to compel production of various documents. As noted in Staff's 10 C.F.R. § 2.323 certification, the State does not oppose Staff's request for additional time.
However, Staff's motion goes beyond the request for time and contains substantive statements concerning the merits of the parties' dispute. In light of those statements, the State submits this brief answer to yesterday's motion in an attempt to clarify for Staff and the Board the focus of the State's motion.
Staff uses its Unopposed Request for an Extension of Time to Respond to the State of New York's Motion to Compel the Production of Documents as an opportunity to initiate its defense of its document production regarding the FSEIS and SAMA related issues. Staff's central theme is that all possible Sandia documents have been identified on the Deliberative Process Privilege ("DPP") logs and, in the unlikely event any new ones emerge after further
inquiry at Sandia, those will be disclosed, although not necessarily produced.
Staff's position and .its proposal to make further inquiries to Sandia, as expressed in its April 27 motion, may misapprehend the State's concern. The FSEIS uses these words and phrases to describe Sandia's work: "reviewed," "comparison," "considered,. "cost comparison,"
"assessed," "performed two analyses," "performed an independent assessment," "performed a separate population projection." See State of New York Motion to Compel NRC Staff To Produce Documents Relied upon in Staffs Final Supplemental Environmental Impact Statement (4/22/11) at pp. 12-14. The handful of Sandia-authored documents disclosed on the DPP log, a total of 9, were all described as containing a "discussion," an "internal discussion" or providing "Comments Regarding the EIS" indicating Sandia internal comments or discussion of drafts prepared by NRC Staff. See DPP-10-001, 004, 006, 007, 011,012, DPP-18-005, 006, DPP 045 (listed in Attachment 6 to the Declaration of Janice Dean in support of the State's Motion to Compel). None of those Staff DPP log entries reflected or even suggested that they Were documents that constituted a review, a comparison, an assessment, or the performance of analyses, independent assessments or a separate population projection. Those "discussion" and "comment" documents that were listed in Staff's DPP logs apparently consisted of Sandia's suggestions to NRC Staff about the draft text or phraseology of draft versions of the FSEIS; such editorial suggestions are not the subject of the State's motion. Rather, the State seeks documents reflecting Sandia's (and ISLI's) "review[]," "comparison," " consider[ation]," "cost comparison,"
"assess[ment]," "perform[ance of ] two analyses," "perform[ance of] an independent assessment," "perform[ance of] a separate population projection."
If, as Staff appears to argue, Staff's DPP logs are intended to cite to Sandia's substantive 2
analysis (i.e., "review[]," "comparison," "consider[ation]," "cost comparison," "assess[ment],"
"perform[ance of] two analyses," "perform[ance of] an independent assessment," "perform[ance of] a separate population projection") as opposed to mere FSEIS wordsmithing, then (1) Staff's identification of documents listed in the DPP logs is not accurate, and (2) such factual and analytical documents would not be entitled to be withheld under the deliberative process privilege and new logs must be promptly produced so the State can request, for the reasons discussed in the State's Motion to Compel, that the assertion of privilege be removed from such documents..
In any event, by disclosing Sandia's opinions in the FSEIS, Staff has opened the door to the actual production of those Sandia opinions and all underlying documentation, as discussed in the State's Motion to Compel.
Respectfully submitted, Jalice A. Dean JohnssS~pos Assistant Attorney General Assistant Attorney General Office of the Attorney General Office of the Attorney General 120 Broadway State Capitol New York, New York 10271 Albany, New York 12224 (212) 416-8459 (518) 402-2251 janice.dean@ag.ny.gov john.sipos@ag.ny.gov April 28, 2011 3
ORIGI NAL:
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
......................................---------------------- x In re: Docket Nos. 50-247-LR and 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BDO1 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. April 28, 2011
x CERTIFICATE OF SERVICE I hereby certify that on April 28, 2011, copies of the State of New York's Answer to NRC Staff's Unopposed Motion for Extension of Time were served upon the following persons via U.S. Mail and e-mail at the following addresses:
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 20852-273 8 Mailstop 3 F23 Two White Flint North Josh Kirstein, Esq. Law Clerk 11545 Rockville Pike Atomic Safety and Licensing Board Panel Rockville, MD 20852-2738 U.S. Nuclear Regulatory Commission Richard.Wardwell@nrc.gov Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Josh.Kirstein@nrc.gov I
Office of Commission Appellate Kathryn M. Sutton, Esq.
Adjudication Paul M. Bessette, Esq.
U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP Mailstop 16 G4 1111 Pennsylvania Avenue, NW One White Flint North Washington, DC 20004 11555 Rockville Pike ksutton@morganlewis.com Rockville, MD 20852-2738 pbessette@morganlewis.com ocaamail@nrc.gov Martin J. O'Neill, Esq.
..Office of the Secretary Morgan, Lewis & Bockius LLP Attn: Rulemaking and Adjudications Staff Suite 4000 U.S. Nuclear Regulatory Commission 1000 Louisiana Street Mailstop 3 F23 Houston, TX 77002 Two White Flint North martin.o'neill@morganlewis.com 11545 Rockville Pike Rockville, MD 20852-2738 Elise N. Zoli, Esq.
hearingdocket@nrc.gov Goodwin Procter, LLP Exchange Place Sherwin E. Turk, Esq. 53 State Street David E, Roth, Esq. Boston, MA 02109 Andrea Z. Jones, Esq. ezoli@goodwinprocter.com Beth N. Mizuno, Esq.
Brian G. Harris, Esq. William C. Dennis, Esq.
Office of the General Counsel Assistant General Counsel U.S: Nuclear Regulatory Commission Entergy Nuclear Operations, Inc.
Mailstop 15 D21 440 Hamilton Avenue' One White Flint North White Plains, NY 10601 11555 Rockville Pike wdennis@entergy.com Rockville, MD 20852-2738 sherwin.turk@nrc.gov Robert D. Snook, Esq.
andrea.j ones@nrc.gov Assistant Attorney General david.roth@nrc.gov Office of the Attorney General beth.mizuno@nrc.gov State of Connecticut brian.harris@nrc.gov 55 Elm Street P.O. Box 120 Emily L. Monteith Hartford, CT 06141-0120 Megan A. Wright robert.snook@ct.gov Office of the General Counsel U.S. Nuclear Regulatory Commission Melissa-Jean Rotini, Esq.
Washington, DC 20555 Assistant County Attorney emily.monteith@nrc.gov Office of the Westchester County Attorney megan.wright@nrc.gov Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 MJR I @westchestergov.com 2)
Daniel E. O'Neill, Mayor Manna Jo Greene, Director James Seirmarco, M.S. Stephen Filler, Esq., Board Member Village of Buchanan Hudson River Sloop Clearwater, Inc.
Municipal Building 724 Wolcott Avenue 236 Tate Avenue Beacon, NY 12508 Buchanan, NY 10511-1298 Mannajo@clearwater.org vob@bestweb.net stephenfiller@gmail.com Daniel Riesel, Esq. Ross H. Gould Thomas F. Wood, Esq. Board Member Jessica Steinberg, Esq. Hudson River Sloop Clearwater, Inc.
Sive, Paget &'Riesel, P.C. 270 Route 308 460 Park Avenue Rhinebeck, NY 12572 New York, NY 10022 rgouldesq@gmail.com driesel@sprlaw.com j steinberg@sprlaw.com Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Michael J. Delaney, Esq. Riverkeeper, Inc.
Director 20.Secor Road Energy Regulatory Affairs Ossining, NY 10562 NYC Department of Environmental phillip@riverkeeper.org Protection dbrancato@riverkeeper.org 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov Janice A. Dean Assistant Attorney General State of New York (212) 416-8459 Dated at New York, New York this 28th day of April, 2011 3