ML11353A053

New York State (NYS) Pre-Filed Evidentiary Hearing Exhibit NYS000210, Declaration of Assistant Attorney General Kathryn Liberatore (Pft Liberatore Decl. NYS-16B)

ML11353A053
Person / Time
Site:	Indian Point
Issue date:	12/16/2011
From:	Liberatore K State of NY, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21569, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML11353A053 (2)

Text

NYS000210 Submitted: December 16, 2011 UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. December 16, 2011

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x DECLARATION OF KATHRYN M. LIBERATORE Pursuant to 28 U.S.C. § 1746, Kathryn M. Liberatore hereby declares as follows:

1. I serve as an Assistant Attorney General for the State of New York, counsel for petitioner-intervenor State of New York in this proceeding. I submit this declaration and accompanying exhibits in support of the State of New Yorks contention, NYS-16/16A/16B (hereinafter NYS-16B), which asserts that Entergy underestimated the 2035 population within 50 miles of Indian Point likely to be exposed to radiation during a severe accident, and that NRC Staffs December 2010 Final Supplemental Environmental Impact Statement (FSEIS) is legally deficient because it accepted and relied upon this flawed population estimate.

2. The accompanying exhibits are discussed in more detail in the States Statement of Position, or were previously submitted as supporting evidence for the States contentions.

3. Attached to this declaration as Exhibit NYSR50001 is a true and correct copy of the document entitled State of New York Hearing Exhibits List ("NYS Exhibits List"), Exh.

NYSR50001. NYS Exhibits List includes those exhibits relied upon and referenced in support of Contention NYS-16B, NYS00133E through NYS00133J, and NYS000206 through NYS000222.

4. Attached to this declaration as Exhibits NYS00133E -NYS00133J is a true and correct copy of the document entitled NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 38, Appendices A-I (Dec. 2010) (FSEIS).

5. Attached to this declaration as Exhibit NYS000220 is a true and correct copy of the document entitled NUREG-1555 Standard Review Plans for Environmental Reviews of Nuclear Power Plants Supplement 1 (Oct. 1999), excerpted: pp. iii, 5.1.1-1 to 5.1.1-9.

6. Attached to this declaration as Exhibit NYS000222 is a true and correct copy of the document entitled NRC, Standard Format and Content of Safety Analysis Reports for Nuclear Power Plants (LWR Edition), Regulatory Guide 1.70, Rev. 3 (Nov. 1978), excerpted: p.

2-4.

7. I declare under penalty of perjury that the foregoing is true and correct.

Executed on December 16, 2011 Signed (electronically) by Kathryn M. Liberatore Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway New York, New York 10271 (212) 416-8482