ML12109A245

Order (Memorializing Items Discussed at April 16, 2012 Pre-Hearing Conference)

ML12109A245
Person / Time
Site:	Indian Point
Issue date:	04/18/2012
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 22284, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12109A245 (9)

Text

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

Lawrence G. McDade, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR ASLBP No. 07-858-03-LR-BD01 April 18, 2012 ORDER (Memorializing Items Discussed at April 16, 2012 Pre-Hearing Conference)

The Board held a pre-hearing conference via telephone on April 16, 2012. This Order memorializes items discussed and directions given during that conference.

I.

SCHEDULING ITEMS A.

Intervenors Responsive Statements of Position Intervenors revised statements of position filed pursuant to Paragraph K.3 of the Boards July 1, 2010,1 should only respond to the statements of position and evidentiary submissions of Entergy Nuclear Operations, Inc. (Entergy) and the NRC Staff. At this stage of this proceeding, Intervenors should not revise their entire original statements of position but rather present only responsive arguments.

B.

Motions in Limine Deadlines If Intervenors file motions in limine on or before April 30, 2012, responses thereto will be deemed timely if filed on or before May 14, 2012.

1 Licensing Board Scheduling Order (July 10, 2010) at 14-15 (unpublished).

C.

NRC Staffs Ongoing Reviews Through the monthly status updates,2 the Board is mindful that the NRC Staff is still conducting environmental and safety reviews on items that might affect particular contentions.3 We address these two types of reviews separately below:

1.

Supplemental Environmental Impact Statement(s)

Because of ongoing environmental reviews relating to Contention RK-EC-8, we placed that contention in abeyance separate from other contentions in this proceeding.4 The NRC Staff has notified us that the ongoing environmental review will only pertain to Contention RK-EC-8,5 and has most recently represented that it expects to issue a draft supplement to its Final Supplemental Environmental Impact Statement in May 2012.6 During the April 16 teleconference, we instructed the NRC Staff to inform us as to when they expected to issue a final version of that document.

2.

Supplemental Safety Evaluation Reports Because of the NRC Staffs intention to issue a second supplement to its Safety Evaluation Report (SER), we placed Contention NYS-25 in abeyance pending issuance of that supplemental SER.7 The NRC Staff has most recently informed us that it expects to issue the 2 See Licensing Board Order (Granting NRC Staffs Unopposed Time Extension Motion and Directing Filing of Status Updates) (Feb. 16, 2012) at 2 (unpublished) [hereinafter Feb. 16, 2012 Licensing Board Order] (directing filing of monthly status updates by NRC Staff).

3 See NRC Staffs April 2012 Monthly Report Regarding the Schedule for Review of the Indian Point Units 2 and 3 License Renewal Application (Apr. 2, 2012) [hereinafter Apr. 2012 Monthly Report].

4 Licensing Board Order (Dec. 14, 2011) at 2 (unpublished).

5 NRC Staffs Statement in Response to the Atomic Safety and Licensing Boards Order of February 3, 2012 (Feb. 8, 2012) at 2-3 (unpublished).

6 Apr. 2012 Monthly Report at 2.

7 Feb. 16, 2012 Licensing Board Order at 2.

second supplemental SER in August 20128 and that this document will only address items relevant to NYS-25 and a related item in Contention NYS-38/RK-TC-5. The NRC Staff has also advised the Board that it has outstanding requests for additional information (RAIs) on these issues and that it expects these RAIs to be addressed in that second supplemental SER. We ordered the NRC Staff to advise the Board and the parties of any additional RAIs that the NRC Staff issues going forward that have the potential to impact any admitted contentions or a potential hearing schedule.

D.

Entergys Ongoing Calculations Entergy has informed the Board that it expects to submit additional metal fatigue calculations to the NRC Staff that will relate to Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5.9 During the April 16 teleconference, we asked Entergy to inform the Board as to when Entergy expects to submit those calculations. During the April 16 teleconference, the NRC Staff told the Board that, if the NRC Staff receives what it expects to receive from Entergy, these recalculations should not impact the parties positions or information relating to any contention other than Contentions NYS-26B/RK-TC-1B or NYS-38/RK-TC-5.

E.

10 C.F.R. § 2.332(d)

Despite the NRC Staffs intent to issue more safety and environmental documents and Entergys intent to submit additional calculations relating to admitted contentions, the Board has determined that it would be expeditious and efficient to proceed to the oral phase of the evidentiary hearing on all contentions that are not in a deferred state (Track 1 contentions).

During the April 16 teleconference, we directed any participant objecting to that course pursuant 8 Apr. 2012 Monthly Report at 2.

9 Response of Entergy Nuclear Operations, Inc. to the Boards February 3, 2012 Order Requesting Information from the Staff and All Participants (Feb. 8, 2012) at 2.

to 10 C.F.R. § 2.332(d) or otherwise to file a motion stating and explaining its objection no later than May 1, 2012. Answers to any such motions may be filed no later than May 14, 2012.10 F.

New/Amended Contentions It is not certain exactly when the documents mentioned supra in Parts I.C and I.D will be issued. Therefore, in order to avoid interference with upcoming submissions related to the evidentiary hearings on Track 1 contentions, the Board hereby directs the Intervenors not to file contentions on these documents until told by the Board they may do so. Promptly after each document is issued, the Board will either convene a pre-hearing conference call or sua sponte set a schedule for submission of any such new or amended contentions. We anticipate that any new or amended contentions will be filed after the hearing on the Track 1 contentions.

G.

Location and Times for Oral Evidentiary Hearing on Track 1 Issues At this time the Board intends to commence the oral evidentiary hearing on Track 1 contentions in Westchester County, New York on weekdays during the week of October 15 2012, resuming weekdays during the week of October 22, 2012. In the coming months, the Board will inform the participants via notice as to the order in which the Board will hear these contentions and the precise times and venue for this hearing.

II.

SITE VISIT ITEMS A.

Items to Be Viewed at Site Visit The Board still desires to view all items described on page two of its April 5, 2012 Notice11, including the spent fuel pools as further described in the next section. Based on the suggestions of the parties during the April 16 teleconference, the Board will also view: (1) the proposed position of extraction wells for groundwater remediation, (2) the location of the 10 The Board has provided a longer interval than the normal ten days for answers filed pursuant to 10 C.F.R. § 2.323(c), due to the May 8, 2012 site visit and associated travel by the participants.

11 See Licensing Board Notice (Scheduling Site Visit and Pre-Hearing Conference Call) (Apr. 5, 2012) at 2 (unpublished).

northern curtain drain external to the reactor sphere,12 and (3) proposed locations, if any, for future independent spent fuel storage installations for Indian Point Units 2 and 3 (IP2 and IP3).

B.

Logistics for Site Visit

1.

One Entergy representatives (the Guide) will accompany and lead the Board and all representatives of the participants on the site visit. Other escorts, if needed for security reasons, will not present information or answer any substantive questions.

2.

With the exception of the Board and its two law clerks, no more than two representatives from each participant to this proceeding will be allowed to attend the site visit.

No later than Friday, April 20, 2012, each participant shall fill out for each visitor and return to Entergy the Protected Area Visitor Access Authorization Requests that Entergy e-mailed to the participants on April 16, 2012. That same day, participants should e-mail the names of these individuals to the Boards law clerks. If any proposed representative has mobility issues, the sponsoring party must notify the Board no later than April 25, 2012, so that reasonable accommodations can be made. Also, no later than April 25, 2012, Entergy must notify the Board and all participants how their personally identifiable information is stored, used, and when and how it will be destroyed.

3.

Tour participants shall follow Entergys instructions regarding appropriate clothing and the use of personal protective equipment.

4.

All site visitors will undergo the normal site security and safety procedures.

5.

If possible, the tour will be conducted in two parts. First, the Board will view plant areas external to the IP2 and IP3 spent fuel pools in the morning of the site visit. For this tour, we request that the Guide provide the Board with a short overview orientation to the plant geography covering those areas of the plant that will be included in the tour.

Second, the Board will view the spent fuel pools (including the necessary safety training to enter this space) following a lunch break. To orient itself to this aspect of the facility for both 12 We will not view the lower elevations of Indian Point Unit 1.

units, the Board will view only the IP2 spent fuel pool room given the procedures and length of time for entering and exiting the spent fuel pool rooms for both IP2 and IP3.

6.

Any objection to this schedule should be filed no later than April 25, 2012.

7.

Entergy is requested to provide the Board and all participants in the site visit with an appropriate map covering the site and the locations to be viewed. The Guide will then take the Board, together with all representatives of the participants, on a walking and/or vehicular tour of these locations, as a single group, briefly identifying the relevant structures and orienting the Board at each location. The Board members may ask questions relating to site features and location (e.g., What is that structure? What direction are we facing now?). No other substantive questions or presentations will be entertained or allowed during the site visit.

8.

The site visit will not be recorded or transcribed.

9.

If any site visit participants believe that any information or communication that occurs during the site visit should be included in the written evidentiary record of this proceeding, they may file an appropriate motion to supplement the record. Any such motion must be filed within ten days after the site visit.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 18, 2012

/RA/

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 (Memorializing Items Discussed at April 16, 2012 Pre-Hearing Conference) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-7H4M Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001 Lawrence G. McDade, Chair Administrative Judge E-mail: lawrence.mcdade@nrc.gov Richard E. Wardwell Administrative Judge E-mail: richard.wardwell@nrc.gov Kaye D. Lathrop Administrative Judge 190 Cedar Lane E.

Ridgway, CO 81432 E-mail: kaye.lathrop@nrc.gov Joshua A. Kirstein, Law Clerk E-mail: josh.kirstein@nrc.gov Anne Siarnacki, Law Clerk E-mail: anne.siarnacki@nrc.gov Sherwin E. Turk, Esq.

Edward L. Williamson, Esq.

Beth N. Mizuno, Esq.

David E. Roth, Esq.

Brian Harris, Esq.

Mary B. Spencer, Esq.

Anita Ghosh, Esq.

Karl Farrar, Esq.

Brian Newell, Paralegal U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 E-mail:

sherwin.turk@nrc.gov edward.williamson@nrc.gov beth.mizuno@nrc.gov brian.harris.@nrc.gov david.roth@nrc.gov mary.spencer@nrc.gov anita.ghosh@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 (Memorializing Items Discussed at April 16, 2012 Pre-Hearing Conference) 2 William C. Dennis, Esq.

Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Email: wdennis@entergy.com Thomas F. Wood, Esq.

Daniel Riesel, Esq.

Victoria Shiah, Esq.

Adam Stolorow, Esq.

Jwala Gandhi, Paralegal Counsel for Town of Cortlandt Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com vshiah@sprlaw.com astolorow@sprlaw.com jgandhi@sprlaw.com Elise N. Zoli, Esq.

Goodwin Proctor, LLP Exchange Place 53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com Phillip Musegaas, Esq.

Deborah Brancato, Esq.

Ramona Cearley, Secretary Riverkeeper, Inc.

20 Secor Road Ossining, NY 10562 E-mail: phillip@riverkeeper.org dbrancato@riverkeeper.org rcearley@riverkeeper.org Kathryn M. Sutton, Esq.

Paul M. Bessette, Esq.

Martin J. ONeill, Esq.

Raphael Kuyler, Esq.

Jonathan M. Rund, Esq.

Lena Michelle Long, Esq.

Laura Swett, Esq.

Lance Escher, Esq.

Mary Freeze, Legal Secretary Antoinette Walker, Legal Secretary 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 lswett@morganlewis.com Melissa-Jean Rotini, Esq.

Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Manna Jo Greene, Environmental Director Steven C. Filler Karla Raimundi Hudson River Sloop Clearwater, Inc.

724 Wolcott Ave.

Beacon, NY 12508 E-mail: mannajo@clearwater.org stephenfiller@gmail.com karla@clearwater.org

Docket Nos. 50-247-LR and 50-286-LR ORDER (Memorializing Items Discussed at April 16, 2012 Pre-Hearing Conference) 3 lescher@morganlewis.com mfreeze@morganlewis.com awalker@morganlewis.com Michael J. Delaney, Esq.

Director, Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 E-mail: mdelaney@dep.nyc.gov Joan Leary Matthews, Esq.

Senior Attorney for Special Projects New York State Department of Environmental Conservation 625 Broadway, 14th Floor Albany, New York 12233-5500 E-mail: jmatthe@gw.dec.state.ny.us Robert D. Snook, Esq.

Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 E-mail: robert.snook@po.state.ct.us John Louis Parker, Esq.

Office of General Counsel, Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 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 Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 18th day of April 2012