ML11280A236

LB Order (Procedures for Evidentiary Filings)

ML11280A236
Person / Time
Site:	Indian Point
Issue date:	10/07/2011
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21208, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML11280A236 (9)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence G. McDade, Chairman Dr. Kaye D. Lathrop Dr. Richard E. Wardwell In the Matter of Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) October 7, 2011 ORDER (Procedures for Evidentiary Filings)

With the agreement of all participants, this Board directed that submissions in this proceeding made on or after September 1, 2011, be filed pursuant to the E-Filing procedures set out in 10 C.F.R. §§ 2.302, 2.304, 2.305, and 2.306.1 Given that we will be utilizing the E-Filing system, the Board has determined that it is appropriate to also use our Digital Data Management System (DDMS) to mark, receive, and admit evidentiary submissions. The purpose of this Order is to provide specific instructions for submitting evidentiary filings and for facilitating the use of the DDMS.2 A. Format of Evidentiary Submissions

1. Each participants evidentiary submission shall begin with an exhibit list containing four columns: the exhibits number, the contention(s) addressed by the exhibit, the 1

Licensing Board Order (Regarding Implementation of E-Filing Procedures) (July 25, 2011) at 2-3 (unpublished).

2 If there are any questions regarding the administration of these instructions, each participant may contact the Boards DDMS Administrator, Andrew Welkie, at Andrew.Welkie@nrc.gov or (301) 415-6541.

exhibits name (including date of creation, if useful), and the exhibits submission date.3 That exhibit list will constitute each respective participants first exhibit. Each participants second exhibit will consist of its statement of position and the third exhibit will be the pre-filed testimony (which, at the participants option, may be broken into more than one exhibit). This will be followed in numerical order by each of the exhibits supporting that testimony.

2. Each exhibit, including the exhibit list and pre-filed testimony, shall be marked (in the upper right corner of its first page) with a three-character participant designation, followed by a six-character zero-filled number. The three-character designation to be used by each of the participants is as follows: Entergy - ENT, NRC Staff - NRC, the State of New York - NYS, Riverkeeper, Inc. - RIV, Hudson River Sloop Clearwater, Inc. - CLE, the State of Connecticut -

CON, the Town of Cortlandt - COR, the Village of Buchanan - BUC, Westchester County -

WES, and the City of New York - NYC. Consequently, a typical numbering sequence for the NRC Staffs exhibits would be as follows:

NRC000001 NRC000002 NRC000100 To the extent possible, the participants should order and number their pre-filed exhibits in the sequence the participants plan to identify and present them for inclusion in the record.

3. If an exhibit exceeds fifteen (15) megabytes, then it shall be separated into multiple submissions, each less than fifteen (15) megabytes. If an exhibit needs to be separated due to this size limitation, each segment of the document shall be given the same numerical designation (using a five-character zero-filled number) along with a unique alpha 3

The Appendix to this Order is an example of the format for the exhibit list the participants shall submit.

designation in the ninth character position for that segment (e.g., NRC00001A, NRC00001B, etc.).

4. Once any exhibit, including pre-filed testimony, is submitted using this numbering protocol, if a participant subsequently needs to amend, revise, or otherwise make a substitution for its submission, the new exhibit shall be numbered with an R as the fourth character (e.g.,

NRCR00001) with any subsequent revision of that same exhibit given a sequential designation in the fifth character slot (e.g., NRCR20001).

5. All exhibits must be marked with their dates of submission and/or revision on the first page below the numerical identifier.

6. Exhibits, including pre-filed testimony, that are not proffered in the preceding format will not be considered to have been submitted as evidence in the proceeding. Moreover, the citations or discussion in pre-filed testimony (other than citations to legal authorities, including statutes, regulations, and judicial or NRC decisions) shall be accompanied by an evidentiary exhibit that includes the relevant portions of the supporting material cited.

7. Only one copy of each document should be offered into evidence as an exhibit.

Accordingly, the participants shall confer with one another to determine whether more than one participant intends to introduce the same document and, if so, shall coordinate the introduction of the exhibit so that only one copy is included as evidence. For example, if an Intervenor offers a certain exhibit into evidence, the Applicant or the NRC Staff need only refer to the Intervenors exhibit number in its pre-filed testimony or statement of position; they need not resubmit the exhibit. In each such instance, the participants should determine which participant will offer the exhibit into evidence. If the participants prefer, rather than using the initial submitting participants identifier, shared exhibits may be identified with the prefix JNT. If participants rely on different portions of the same exhibit, they shall submit separate portions as separate exhibits.

8. At the time pre-filed testimony and exhibits or revised exhibits are filed, each participant shall submit an electronic copy (preferably in Microsoft Word format) of its exhibit list, using the exhibit list template included in the Appendix to this Order. Upon request, the Boards law clerk, Mr. Joshua Kirstein, Esq. (Josh.Kirstein@nrc.gov) will provide the participants with the template of the exhibit list in Microsoft Word format.

B. Document Handling at the Evidentiary Hearing At the evidentiary hearing, the participants shall present documentary materials in the form and manner set forth below:

1. Given that the participants will submit electronic copies of their exhibits via the Electronic Information Exchange, they need not provide additional paper copies to the Board and the other parties at the hearing, although the participants shall have paper copies available as specified below (see section B.3).

2. Although strongly discouraged, if a participant must revise its pre-filed testimony at hearing, it will be required to provide that revised testimony, marked appropriately per the guidance specified above, both electronically and in hard copy with a sufficient number of paper copies for the Board, the Boards law clerk, and representatives for the other participants.

3. The Board directs that each participant have available at the hearing one properly marked paper copy of each document for use in the event there are any operational issues with the DDMS. Further, if any participant has documentary material in addition to its pre-filed testimony or other exhibits that it anticipates might become relevant during the course of the hearing, that participant shall ensure it has available an electronic copy of the document, properly marked and formatted, and has properly marked paper copies of such material at the hearing for distribution to all Board members, the Boards law clerk, and representatives for the other participants.

C. Proposed Confidential Questions To maintain the confidentiality of each participants proposed confidential questions, those questions should not be served on the other participants.4 Instead, participants representatives shall submit their proposed questions directly to the Board via e-mail directed to the Boards law clerk. The proposed questions must be submitted in PDF format.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD5

/RA/

Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 7, 2011 4

See 10 C.F.R. § 2.1207(a)(3)(iii).

5 Copies of this Order were sent this date by the agencys E-Filing system to: (1) Counsel for the NRC Staff; (2) Counsel for Entergy; (3) Counsel for the State of New York; (4) Counsel for Riverkeeper, Inc.; (5) Manna Jo Green, the Representative for Clearwater; (6) Counsel for the State of Connecticut; (7) Counsel for Westchester County; (8) Counsel for the Town of Cortlandt; (9) Mayor Sean Murray, the Representative for the Village of Buchanan; and (10) Michael J. Delaney, counsel for the City of New York.

APPENDIX Submitted/Revised: Month, Day, Year Entergy Nuclear Operations, Inc. (Indian Point Units 2 and 3),

Docket Nos. 50-247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BD01 Evidentiary Hearing

[Participant] Hearing Exhibits Contentions Exhibit

[Participant]

Addressed by Exhibit Name Submission Exhibit #

Exhibit Date

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR

) and 50-286-LR (Indian Point Nuclear Generating Station, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Procedures for Evidentiary Filings), have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop O-7H4M Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Sherwin E. Turk, Esq.

Atomic Safety and Licensing Board Panel Edward L. Williamson, Esq.

Mail Stop T-3F23 Beth N. Mizuno, Esq.

Washington, DC 20555-0001 David E. Roth, Esq.

Brian Harris, Esq.

Lawrence G. McDade, Chair Andrea Z. Jones, Esq.

Administrative Judge Mary B. Spencer, Esq.

E-mail: lawrence.mcdade@nrc.gov Karl Farrar, Esq.

Brian Newell, Paralegal Richard E. Wardwell U.S. Nuclear Regulatory Commission Administrative Judge Office of the General Counsel E-mail: richard.wardwell@nrc.gov Mail Stop O-15D21 Washington, DC 20555-0001 Kaye D. Lathrop E-mail:

Administrative Judge sherwin.turk@nrc.gov 190 Cedar Lane E. edward.williamson@nrc.gov Ridgway, CO 81432 beth.mizuno@nrc.gov E-mail: kaye.lathrop@nrc.gov brian.harris.@nrc.gov david.roth@nrc.gov Joshua A. Kirstein, Law Clerk andrea.jones@nrc.gov E-mail: josh.kirstein@nrc.gov mary.spencer@nrc.gov karl.farrar@nrc.gov brian.newell@nrc.gov OGC Mail Center OGCMailCenter@nrc.gov

Docket Nos. 50-247-LR and 50-286-LR ORDER (Procedures for Evidentiary Filings)

William C. Dennis, Esq. Thomas F. Wood, Esq.

Assistant General Counsel Daniel Riesel, Esq.

Entergy Nuclear Operations, Inc. Victoria Shiah, Esq.

440 Hamilton Avenue Counsel for Town of Cortlandt White Plains, NY 10601 Sive, Paget & Riesel, P.C.

Email: wdennis@entergy.com 460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com vshiah@sprlaw.com Elise N. Zoli, Esq. Phillip Musegaas, Esq.

Goodwin Proctor, LLP Deborah Brancato, Esq.

Exchange Place Riverkeeper, Inc.

53 State Street 20 Secor Road Boston, MA 02109 Ossining, NY 10562 E-mail: ezoli@goodwinprocter.com E-mail: phillip@riverkeeper.org dbrancato@riverkeeper.org Kathryn M. Sutton, Esq. Melissa-Jean Rotini, Esq.

Paul M. Bessette, Esq. Assistant County Attorney Martin J. ONeill, Esq. Office of Robert F. Meehan, Raphael Kuyler, Esq. Westchester County Attorney Jonathan M. Rund, Esq. 148 Martine Avenue, 6th Floor Counsel for Entergy Nuclear Operation, Inc White Plains, NY 10601 Lena Michelle Long E-mail: MJR1@westchestergov.com Mary Freeze Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksutton@morganlewis.com pbessette@morganlewis.com martin.oneill@morganlewis.com rkuyler@morganlewis.com jrund@morganlewis.com llong@morganlewis.com mfreeze@morganlewis.com Michael J. Delaney, Esq. Manna Jo Greene, Environmental Director Director, Energy Regulatory Affairs Steven C. Filler NYC Department of Environmental Protection Karla Raimundi 59-17 Junction Boulevard Hudson River Sloop Clearwater, Inc.

Flushing, NY 11373 724 Wolcott Ave.

E-mail: mdelaney@dep.nyc.gov Beacon, NY 12508 E-mail: mannajo@clearwater.org stephenfiller@gmail.com karla@clearwater.org 2

Docket Nos. 50-247-LR and 50-286-LR ORDER (Procedures for Evidentiary Filings)

Joan Leary Matthews, Esq. Robert D. Snook, Esq.

Senior Attorney for Special Projects Assistant Attorney General New York State Department Office of the Attorney General of Environmental Conservation State of Connecticut 625 Broadway, 14th Floor 55 Elm Street Albany, New York 12233-5500 P.O. Box 120 E-mail: jmatthe@gw.dec.state.ny.us Hartford, CT 06141-0120 E-mail: robert.snook@po.state.ct.us John Louis Parker, Esq. Sean Murray, Mayor Office of General Counsel, Region 3 Kevin Hay, Village Administrator New York State Department Village of Buchanan of Environmental Conservation Municipal Building 21 South Putt Corners Road 236 Tate Avenue New Paltz, NY 12561-1620 Buchanan, NY 10511-1298 E-mail: jlparker@gw.dec.state.ny.us E-mail: SMurray@villageofbuchanan.com Administrator@villageofbuchanan.com John J. Sipos, Esq.

Charles Donaldson, Esq.

Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 E-mail: John.Sipos@ag.ny.gov charlie.donaldson@ag.ny.gov Janice A. Dean, Esq.

Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, New York 10271 E-mail: Janice.Dean@ag.ny.gov

[Original signed by Linda D. Lewis]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 7th day of October, 2011 3