ML12090A523
| ML12090A523 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/15/2011 |
| From: | State of NY, Dept of Environmental Conservation |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML12090A520 | List: |
| References | |
| RAS 22146, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12090A523 (3) | |
Text
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of:
Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC DEC No.:
3-5522-00011/00004 SPDES No.:
NY-0004472 For a State Pollution Discharge Elimination System Permit Renewal and Modification Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
DEC App. Nos.
3-5522-00011/00030 (IP2) 3-5522-00105/00031 Joint Application for CWA § 401 Water Quality Certification ADJUDICATORY HEARING BEFORE:
DANIEL P. O'CONNELL, ALJ MARIA E. VILLA, ALJ NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION 625 Broadway, 1st Floor Albany, New York 12233 November 15, 2011 8:32 a.m.
M-F REPORTING, INC. (518) 478-7220 2654 ENT000365 Submitted: March 29, 2012
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (KOLAKOWSKI CROSS ENTERGY) sub-paragraph 4.
Q.
So, is it still your understanding of the prohibition in section 0807 that section 1 prohibits the discharge of all radiological materials?
A.
No.
It appears that it doesn't, on further read, but -- and that's why I included the general prohibition of I think it was 0501 when I took the stand.
Q.
So, is it your testimony now that you're changing your testimony with respect to whether 17-0807(1) applies to Entergy's releases?
A.
It doesn't appear to be the best fit for the statement I made, correct.
Q.
So, your understanding -- is it your understanding that discharge of radiological, chemical, or biological warfare agents, that means that the radiological qualifies as a warfare agent?
A.
Yes.
Q.
And that's not what Entergy has released in this case, right?
A.
Correct.
Q.
No radiological warfare agents?
A.
Not that I'm aware of.
Q.
Now, the second prohibition is 17-0807(1) is the 2736
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (KOLAKOWSKI CROSS ENTERGY) prohibition on the discharge of high-level radioactive waste as such terms are defined by the act.
Is it your position that the materials that have leaked in this case are high-level radioactive waste, as those terms are defined by the act?
A.
No.
JUDGE VILLA:
Short break.
So let's say come back at 10 minutes after 10.
(Recess taken.)
JUDGE VILLA:
Back on.
Mr. Trach, whenever you are ready.
MR. TRACH:
Thank you, Your Honor.
EXAMINATION BY MR. TRACH:
Q.
Mr. Kolakowski, I would like to talk to you for a bit about ECL Section 17-0807 4.
We discussed your current position with regard to the applicability of section 1 prior to the break, and I believe you testified that you still believe that section 4 applies to the discharges in this case, correct?
A.
Yes, I believe so.
Q.
And if I am reading it correctly, actually, you wouldn't have a copy of 17-0807 but it's mentioned in 2737