ML12121A517
| ML12121A517 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/16/2012 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03LR-BD01, RAS E-588, NRC-1566 | |
| Download: ML12121A517 (42) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Entergy Nuclear Operations Indian Point Units 2 and 3 Docket Number: 50-247-LR and 50-286-LR DOCKETED April_25, 2012 (3:30 pm.)
OFFICE OF SECRETARY RULEMAKINGS AND ASLBP Number: 07-858-03-LR-BDO1 ADJUDICATIONS STAFF Location: (telephone conference)
Date: Monday, April 16, 2012 Work Order No.: NRC-1566 Pages 1101-1140 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 b6s 401
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1101 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 +1+ + + +
6 PRE-HEARING CONFERENCE CALL 7 - ------------------------- x 8 In the Matter of:
9 ENTERGY NUCLEAR OPERATIONS, Docket Nos. 50-247-LR 10 INC. and 50-286-LR 11 (Indian Point Nuclear 12 Generating Units 2 and 3) ASLBP No.
13 07-858-03-LR-BDO1 14 - -------------------------x 15 Monday, April 16, 2012 16 17 BEFORE:
18 LAWRENCE G. McDADE, Chair 19 RICHARD E. WARDWELL, Administrative Judge 20 MICHAEL F. KENNEDY, Administrative Judge 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1102 1 APPEARANCES:
2 On Behalf of Entergy Nuclear Operations, Inc.:
3 PAUL M. BESSETTE, ESQ.
4 KATHRYN M. SUTTON, ESQ.
5 JONATHAN M. RUND, ESQ.
6 of: Morgan, Lewis & Bockius LLP 7 1111 Pennsylvania Avenue, N.W.
8 Washington, D.C. 20004 9 (202) 739-5796 (Bessette) 10 pbessette@morganlewis.com 11 ksutton@morganlewis.com 12 jrund@morganlewis.com 13 On Behalf of the Nuclear Regulatory Commission:
14 SHERWIN E. TURK, ESQ.
15 DAVID E. ROTH, ESQ.
16 BRIAN HARRIS, ESQ.
17 ANITA GHOSH, ESQ.
18 Office of the General Counsel 19 Mail Stop 15 D21 20 U.S. Nuclear Regulatory Commission 21 Washington, D.C. 20555-0001 22 sherwin.turk@nrc.gov 23 david.roth@nrc.gov 24 brian.harris@nrc.gov 25 anita.ghosh@nrc.gov NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1103 1 On Behalf of the State of New York:
2 JOHN J. SIPOS, ESQ.
3 Assistant Attorney General 4 Office of the Attorney General for the 5 State of New York 6 The Capitol 7 State Street 8 Albany, New York 12224 9 (518) 474-8096 10 john.sipos@ag.ny.gov 11 and 12 JOAN LEARY MATTHEWS, ESQ.
13 Senior Attorney for Special Projects 14 New York State Department of 15 Environmental Conservation 16 625 Broadway, 14 th Floor 17 Albany, New York 12233-5500 18 jmatthe@gw.dec.state.ny.us 19 and 20 JANICE A. DEAN, ESQ.
21 Assistant Attorney General 22 Office of the Attorney General for the 23 State of New York 24 120 Broadway, 2 6 th Floor 25 New York, New York 10271 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1104 1 janice.dean@ag.ny.gov 2
3 On Behalf of Riverkeeper, Inc.:
4 DEBORAH BRANCATO, ESQ.
5 Riverkeeper, Inc.
6 20 Secor Road 7 Ossining, New York 10562 8 (800) 21-RIVER 9 dbrancato@riverkeeper.org 10 phillip@riverkeeper.org 11 12 On Behalf of Hudson River Sloop Clearwater, 13 Inc.:
14 MANNA JO GREENE, Environmental Director 15 KARLA RAIMUNDI 16 Hudson River Sloop Clearwater, Inc.
17 724 Wolcott Avenue 18 Beacon, New York 12508 19 (845) 265-8080 20 mannajo@clearwater.org 21 karla@clearwater.org 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1105 1 On Behalf of the State of Connecticut:
2 ROBERT D. SNOOK, ESQ.
3 Assistant Attorney General 4 Office of the Attorney General 5 State of Connecticut 6 55 Elm Street 7 Post Office Box 120 8 Hartford, Connecticut 06141-0120 9 (860) 808-5020 10 robert .snook@po. state .ct. us 11 12 On Behalf of the Town of Cortlandt:
13 VICTORIA SHIAH, ESQ.
14 of: Sive, Paget & Riesel, P.C.
15 460 Park Avenue 16 New York, New York 10022 17 (212) 421-2150 18 vshiah@sprlaw. com 19 20 ALSO PRESENT:
21 JOHN CURRY, Entergy Nuclear Operations, Inc.
22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1106 1 P R O C E E D I N G S 2 1:07 p.m.
3 JUDGE McDADE: Good afternoon. This is 4 Judge McDade. We are here in the matter of Entergy 5 Nuclear Operations Indian Point Nuclear Generating 6 Units 2 and 3, Docket Number 50-247-LR and 50-286-7 LR. We're here for status conference. Very 8 briefly, I'd like the parties to identify themselves 9 for the record. From Entergy, Mr. Bessette?
10 MR. BESSETTE: Yes, your Honor. It's 11 Paul Bessette, Kathryn Sutton, and Jon Rund. And 12 then listening in, we have Bill Glue and John Curry.
13 JUDGE McDADE: From the NRC staff, Mr.
14 Turk?
15 MR. TURK: Yes, your Honor. Sherwin 16 Turk for the NRC staff. With me are David Roth, 17 Brian Harris, Anita Ghosh, and Robert Kuntz.
18 JUDGE McDADE: Mr. Sipos from New York?
19 MR. SIPOS: Good afternoon, your Honor.
20 For the State of New York, John Sipos, Joan 21 Matthews, and Janice Dean in Albany and New York.
22 JUDGE McDADE: For Riverkeeper, Ms.
23 Brancato?
24 MS. BRANCATO: Yes, your Honor. This is 25 Deborah Brancato representing Riverkeeper.
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1107 1 JUDGE McDADE: Clearwater?
2 MS. GREENE: Yes, your Honor. Manna Jo 3 Greene and Karla Raimundi representing Hudson River 4 Sloop Clearwater.
5 JUDGE McDADE: The State of Connecticut?
6 MR. SNOOK: This is Robert Snook 7 representing the State of Connecticut.
8 JUDGE McDADE: From Cortlandt?
9 MS. SHIAH: This is Victoria Shiah for 10 the town of Cortlandt.
11 JUDGE McDADE: And is there anyone 12 representing Westchester County? Apparently not.
13 Buchanan? Apparently not. And the City of New 14 York? Apparently not. So preliminary matters 15 before we talk about the site visit. The first one, 16 a question to the NRC staff with regard to the 17 DSEIS. The last communication was that you 18 anticipated that it would be public in May. Mr.
19 Turk, do you still believe that it's going to be in 20 May?
21 MR. TURK: Yes, your Honor.
22 JUDGE McDADE: Okay. I should also note 23 for the record that with me here today are Judges 24 Wardwell and Kennedy. Do you have any idea when in 25 May you will be issuing it, Mr. Turk, or the staff NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1108 1 will be issuing it?
2 MR. TURK: I don't have an answer to 3 that, your Honor. But I would believe that by the 4 time of our May status report at the beginning of 5 the month of May we should have that date.
6 JUDGE McDADE: Okay. One other issue I 7 would ask for you to inquire with the technical 8 staff. If the DSEIS is issued in May, do they have 9 an estimate as to when the FSEIS would be issued? I 10 realize you probably don't have that information 11 today, but I would ask that you inquire of the 12 technical staff so that we have a reasonable 13 estimate as to when that might issue.
14 Also, I anticipate at this point in time 15 that the only contention that the staff believes 16 could be implicated by the DSEIS is Riverkeeper EC8.
17 Is that the staff's position, Mr. Turk?
18 MR. TURK: Yes, your Honor.
19 JUDGE McDADE: What I would want to 20 advise you of, it is our intent to move ahead on 21 Track 1 with all of the environmental contentions 22 other than RKEC8. Taking into consideration 10 CFR 23 332 (d), what we would want is any party, within 15 24 days, if they have an objection to our moving 25 forward on environmental contentions, other than NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1109 1 RKEC8, before the final supplemental EIS having to 2 do with marine fisheries is issued. Again, that 3 should be any objection filed no more than 15 days 4 from now.
5 Next, having to do with the supplemental 6 SER. The last implication or the last indication 7 was that that would be issued in August. Mr. Turk, 8 is that still on track?
9 MR. TURK: Let me put you on hold for 10 one second and let me ask the staff with me, your 11 Honor. That is our current expectation, your Honor.
12 JUDGE McDADE: And, again, I'm not 13 asking for a broader statement, but the staff's 14 view, what contentions do you believe would be 15 implicated by that document?
16 MR. TURK: Just one minute, your Honor.
17 Your Honor, those would be contentions New York 25 18 and a portion of New York 38/Riverkeeper EC5, I 19 believe.
20 JUDGE McDADE: Okay. At this point in 21 time, we recognize that there may be a filing of new 22 or amended contentions based on the supplemental 23 environmental impact statement or the supplemental 24 SER. Not knowing at this point when those documents 25 are going to be issued, what we are not going to do NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1110 1 is set a schedule for filing new or amended 2 contentions based on those documents. What we will 3 do is once those documents come out, we will either 4 issue an order or set a status conference in order 5 to set scheduling deadlines for new or amended 6 contentions. We don't know at this point in time 7 what else is going to be going on as far as moving 8 ahead on the Track 1 hearing. So rather than set an 9 arbitrary schedule at this point in time, which then 10 might need to be changed because of other things, 11 we're just going to wait.
12 So in other words, when those documents 13 come out, none of the parties need to immediately 14 move on doing an amended contention. We will have 15 either a status conference or issue an order setting 16 that schedule at that time.
17 The next thing that was an issue with 18 regard to scheduling are the 30th of April replies 19 based on a scheduling order would be due on the 10th 20 of May. We, in the interim period, set up the site 21 visit for the 8th of May during what would be a 22 relatively short period of time. So assuming that 23 there may be motions in limine filed, if they are, 24 what we would propose to do is to extend that 25 deadline. Instead of having the replies due on the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1111 1 10th of May, have them due on the 14th of May. Is 2 there any objection to that from any of the parties?
3 From Entergy?
4 MR. BESSETTE: No objection, your Honor.
5 Thank you.
6 JUDGE McDADE: From the NRC staff?
7 MR. TURK: No objection, your Honor. I 8 appreciate it.
9 JUDGE McDADE: New York?
10 MR. SIPOS: No objection, your Honor.
11 JUDGE McDADE: Riverkeeper?
12 MS. BRANCATO: No objection, your Honor.
13 JUDGE McDADE: Clearwater?
14 MS. GREENE: No objection, your Honor.
15 JUDGE McDADE: Connecticut?
16 MR. SNOOK: No objection, your Honor.
17 JUDGE McDADE: Okay. Cortlandt?
18 MS. SHIAH: No objection, your Honor.
19 JUDGE McDADE: Okay. Next question.
20 The issue arises, for planning purposes of the 21 parties, moving ahead to a hearing on the Track 1 22 contentions. At this point, what the Board would 23 anticipate is to have a hearing beginning on the 24 15th of October. Given all that needs to be done 25 between now and then, we think that is a realistic NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1112 1 date that does not have to be altered. And what we 2 would ask you to do is to notify your witnesses that 3 they should be available at this point during that 4 period of time, October 15th and the week of October 5 22nd.
6 As we get closer to the hearing and all 7 of the documents are before us, we will be in a 8 better position to determine whether or not that is 9 sufficient time. If the hearing were going to go 10 much longer, we would probably bifurcate it. In 11 other words, we would have a hearing for a period of 12 time, have a break, and then come back. We will try 13 to give as much advanced notice of that as possible 14 so that the witnesses would be able to adjust.
15 At this point in time, we're really not 16 in a position to say what order we are going to take 17 the contentions. We would hopefully take all of the 18 Track 1 contentions during that period of time, but 19 until we've had an opportunity to review all of the 20 testimony that's come in it would be premature for 21 us to say we are going to take the testimony, for 22 example, as contention 5 first and then move 23 forward. So we will notify you as to the exact 24 order of that once all of the pleadings have been 25 received.
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1113 1 Another question having to do with the 2 scheduling order K3 with regard to any rebuttal 3 testimony or rebuttal position specifically. What 4 we would not envision is a total redo of what has 5 been done before. In other words, it would only be 6 a change in position based on what else has come in.
7 So in other words, if there were already 40 pages in 8 a statement of position and there are an additional 9 three pages based on what has come in from other 10 parties, we would anticipate getting a three-page, 11 not a 43-page. In other words, not incorporating 12 the whole thing again, so it would just be a single, 13 just additional information, any changes 14 necessitated by what has been learned through the 15 additional testimony that you've had an opportunity 16 to read.
17 The next has to do, going back with 18 potential changes to the SER. On February 8th, we 19 were advised by Entergy of new calculations that had 20 been done, and also there was an indication that 21 Entergy anticipated a possibility of additional 22 calculations being done. Mr. Bessette, what's the 23 status of that right now?
24 MR. BESSETTE: Your Honor, if you could 25 be a bit more specific the new calculations you're NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1114 1 referring to. Oh, you mean the fatigue 2 calculations?
3 JUDGE McDADE: Yes.
4 MR. BESSETTE: Your Honor, they're in 5 progress. We are working with a vendor on those, 6 and I'm just going to consult with my colleague one 7 second here, your Honor.
8 JUDGE McDADE: Okay.
9 MR. BESSETTE: Your Honor, we expect to 10 hear something over the next couple of months. That 11 relates to the remaining issues on the limiting 12 locations.
13 JUDGE McDADE: Okay. Basically, what 14 we're concerned with is this: is fatigue 15 calculations can impact the admitted contentions, 16 New York 27, New York 38, and the related 17 Riverkeeper contentions TC1B and TC5, and the 18 difficulty of hitting a moving target and trying to 19 set a hearing schedule. When you say within the 20 next couple of months, it's now the middle of April, 21 you anticipate, Mr. Bessette, that by the middle of 22 June those would be completed?
23 MR. BESSETTE: I would hope so, your 24 Honor, but I need to confirm precisely with the 25 client and check with the vendor on that, and I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1115 1 could get back to you shortly on that.
2 JUDGE McDADE: Yes, if you would. And I 3 don't think it needs to be something formal, but if 4 you could get back to us via email with a copy to 5 all of the parties on that.
6 MR. BESSETTE: Absolutely, your Honor.
7 JUDGE McDADE: Okay. Mr. Turk, from the 8 staff's standpoint, are there any other outstanding 9 RAIs either that the staff has submitted and not had 10 a response yet from Entergy or not had an 11 opportunity to fully evaluate the response from 12 Entergy that would probably delay hearing on one or 13 more contentions?
14 MR. TURK: Your Honor, let me ask the 15 staff with me. I'll get right back to you in one 16 second.
17 MR. BESSETTE: Your Honor, this is Paul 18 Bessette. Has there been any decision on a location 19 of the hearing?
20 JUDGE McDADE: No is the answer to that.
21 We are trying to work out the logistics on it. The 22 hearing will be hopefully in Westchester County as 23 close to the facility as possible. We are 24 attempting to make arrangements to have it at the 25 same courthouse that we had the oral arguments at.
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1116 1 That would be the ideal situation, but we are still 2 working out the logistics on that. But the goal is 3 to have it in Westchester County.
4 MR. BESSETTE: Thank you, your Honor.
5 MR. TURK: Your Honor, in answer to your 6 question, the only RAIs that we're aware of at this 7 point are the ones that are intended to go out on 8 reactor vessel internals, the MRP-227-A issue. And 9 I understand that the RAIs are under discussion here 10 at the NRC. I don't have a firm date for issuance, 11 but I would expect in the next several weeks they'll 12 go out, if not sooner.
13 JUDGE McDADE: Mr. Turk, could you 14 follow up on that and, just as I asked Mr. Bessette 15 to get back to us, as soon as you have a reasonable 16 estimate from the technical staff on that to send us 17 an email! with that information with copies to all of 18 the other parties?
19 MR. TURK: Yes, your Honor.
20 JUDGE McDADE: Okay. If you could hold 21 on one second, I'm going to put you on mute and 22 we'll be back in just a second. Okay. This is 23 Judge McDade back on the line. A couple of other 24 matters. One that I did want to mention, we talked 25 about the scheduling for a new or amended NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1117 1 contentions based on revised SER or revised EIS. We 2 will notify you of the scheduling; but, at this 3 point in time, it is not the intent of the Board to 4 set that schedule so that the new or amended 5 contentions would be due prior to the hearing on 6 Tier 1. What we don't want to do is to have people 7 trying to do those new and amended contentions at 8 the same period of time they're getting ready for 9 the hearing. Also, what we want to do is to make 10 sure that we have, basically, the ball has stopped 11 moving by-the time we get another round of new or 12 amended contentions, so that if we do get new or 13 amended contentions they'll only be one set of them.
14 The other thing that I wanted to ask Mr.
15 Turk, you had mentioned RAIs going out about the 16 reactor vessel internals, which potentially 17 implicate 25 and part of 38. I had asked Mr.
18 Bessette about the additional fatigue calculations.
19 Does the staff anticipate issuing any RAIs with 20 regard to the new calculations or additional 21 calculations that were referenced in the February 22 8th submission by Entergy or on additional 23 calculations, or does the staff view that, as far as 24 those calculations go, the SER is complete?
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1118 1 don't expect further RAIs, as long as we receive the 2 information that we're expecting Entergy to provide 3 us. I suppose that could change if we don't receive 4 what we expect that we will receive, but, at this 5 point, we think that the additional calculations 6 should close the loop.
7 JUDGE McDADE: What we would direct then 8 is, once you have that additional information and 9 have an opportunity to review it, if you would 10 advise us again, by email with copies to the 11 parties, whether or not the staff intends to submit 12 additional RAIs. Again, we're not trying to inhibit 13 that in any way, but what we're trying to do is just 14 figure out when all of these different contentions 15 are going to be ripe for hearing.
16 MR. TURK: We'll be happy to do that, 17 your Honor.
18 JUDGE McDADE: Okay. All right. I'm 19 ready to move on to logistics for the site visit.
20 Before I do so, Judge Kennedy, do you have anything 21 further?
22 JUDGE KENNEDY: I have nothing further.
23 JUDGE McDADE: Judge Wardwell?
24 JUDGE WARDWELL: I have nothing.
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1119 1 Entergy have anything further you want to take up 2 before we start talking about the logistics for the 3 site visit?
4 MR. BESSETTE: No, your Honor, nothing 5 at this time.
6 JUDGE McDADE: Mr. Turk?
7 MR. TURK: No, your Honor.
8 JUDGE McDADE: Mr. Sipos?
9 MR. SIPOS: Yes, your Honor, just a 10 brief question for Mr. Bessette. When he mentioned 11 that there would be some additional fatigue 12 calculations prepared by a vendor, is that vendor 13 Westinghouse?
14 MR. BESSETTE: Yes, Mr. Sipos. It's the 15 same vendor that performed the original fatigue 16 calculation.
17 MR. SIPOS: Thank you.
18 MR. BESSETTE: I mean, the 19 environmental-assisted fatigue calculations, yes.
20 MR. SIPOS: Yes. Thank you very much.
21 JUDGE McDADE: Ms. Brancato?
22 MS. BRANCATO: No, your Honor, thank 23 you.
24 JUDGE McDADE: Ms. Greene?
25 MS. GREENE: No, your Honor.
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1120 1 JUDGE McDADE: Mr. Snook?
2 MR. SNOOK: No, your Honor.
3 JUDGE McDADE: Ms. Shiah?
4 MS. SHIAH: No, your Honor.
5 JUDGE McDADE: Okay. We still have the 6 logistics about the site visit. Has Mr. Curry come 7 on the line?
8 MR. CURRY: Yes, your Honor, I have.
9 JUDGE McDADE: Okay. The first thing, 10 you know, we submitted an order dated April 5th in 11 which we indicated those items that the Board wanted 12 to see. From Entergy's standpoint, do you 13 anticipate any difficulty in giving us access to any 14 of those?
15 MR. BESSETTE: Your Honor, I went 16 through the proposed site tour with Mr. Curry, and 17 we do not anticipate a problem in any of those.
18 There are some options you've noted on the list that 19 would potentially add some time and complexity to 20 the tour that I would like to walk through.
21 JUDGE McDADE: Please.
22 MR. BESSETTE: The only issue, I mean, 23 the item one, obviously the external layout of the 24 plant, we can walk around the facility. But if we 25 wanted to actually go in to see a spent fuel pool NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1121 1 themselves, that may have some limitations on the 2 tour size and would also require not insubstantial 3 additional time to go into those radiologically 4 controlled areas. That would require approximately 5 an hour safety brief for every one on the tour prior 6 to going into the pool. While we can go see, we 7 would recommend seeing one pool rather than two 8 because they're essentially identical. It would add 9 some time to the tour, which would require some 10 logistical planning.
11 JUDGE McDADE: Okay. One thing I should 12 have mentioned already and I haven't, having to do 13 with the size of the tour. Obviously, there are a 14 significant number of parties involved here. We 15 view this tour basically as an opportunity for the 16 Board to see things that may be of consequence in 17 our mind, having a hearing, and then writing a 18 decision based on that. In order to keep this 19 manageable, we had envisioned a situation where 20 there would be no more than two individuals from 21 each of the entities involved here. Mr. Bessette, 22 at this point, would that pose any logistical 23 problems for Entergy to have, assuming everybody had 24 two people? The Board, you could anticipate the six 25 individuals, five individuals for the Board, three NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1122 1 members and two law clerks. Is that size group 2 going to cause problems, Mr. Bessette?
3 MR. BESSETTE: I'm doing some quick 4 math. We have NRC, New York State, Riverkeeper, 5 Clearwater, Connecticut, Cortlandt, Westchester 6 County, and New York. That would be 18, plus 5, 23.
7 I think that's manageable, your Honor. And that 8 seems to be the max because I'm not sure everyone 9 would participate.
10 JUDGE McDADE: Okay. And what we would 11 ask, if any particular party feels a need for having 12 more individuals, you know, file a motion requesting 13 it. What information does Entergy need about the 14 individuals who will participate and when do you 15 need it?
16 MR. BESSETTE: Your Honor, we have a 17 standard, Entergy has a standard access form that we 18 would, perhaps, suggest mailing out to the clerk or 19 to the parties that requires certain information for 20 any visitor to the site. And we would just get that 21 form out to everyone, and we would request that 22 information. Mr. Curry, when would you like it?
23 MR. CURRY: We need it a minimum of 24 seven days in advance.
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1123 1 if we could go by the end of next week?
2 JUDGE McDADE: Well, can you get that 3 form either emailed or faxed out today?
4 MR. BESSETTE: Yes. John, we can do 5 that, correct?
6 MR. CURRY: Yes, we can.
7 MR. BESSETTE: Should we send it to the 8 clerk, your Honor, or to the parties?
9 JUDGE McDADE: Both.
10 MR. BESSETTE: Okay. I'll coordinate, 11 and we'll get that out. You know, if we could get 12 that back early next week, and we'll provide a 13 proposed response date.
14 JUDGE McDADE: Okay. Now, the next 15 thing is are there any specific restrictions or 16 advice with regard to, one, clothing that should be 17 worn, clothing that shouldn't be worn, or 18 paraphernalia that cannot be taken along?
19 MR. BESSETTE: Yes, your Honor. I mean, 20 obviously, it's an industrial site, so we recommend, 21 you know, comfortable but sturdy shoes. We 22 recommend everyone leave their cell, no cameras, and 23 it's much easier if you all leave your cell phones 24 in your car. If you do bring them in, we will have 25 a room, a meeting room, a secure meeting room and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1124 1 people can leave them, but we request that you leave 2 them. That's normal site security.
3 You know, if we go into the 4 radiologically-controlled area or the spent fuel 5 pool, which I assume we'll talk about, standard 6 practice is just normal cotton clothing. Anything 7 else, Mr. Curry?
8 JUDGE McDADE: Can you put out a notice 9 with that regard? What I don't want to do is wind 10 up getting there that morning and having somebody 11 there wearing sneakers and saying I'm sorry you 12 can't come because you need hard-toe shoes. I don't 13 want someone being not able to go or, alternatively, 14 having our visit either postponed or delayed. So if 15 you could put out a list and circulate it to the 16 parties and, you know, obviously, if we disagree 17 with the list, we can have a status conference. But 18 what I just want to make sure is that there's no 19 misunderstandings when somebody gets there and we 20 have a problem. So both listing, you know, one, any 21 restrictions on clothing and then also any 22 restrictions on items that can be brought into the 23 facility.
24 MR. BESSETTE: Of course, your Honor.
25 JUDGE McDADE: Okay. Judge Wardwell?
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1125 1 JUDGE WARDWELL: In regards to the spent 2 fuel pool, you mentioned that there's an hour safety 3 brief if we did go into that area. What would the 4 brief be if we don't go into that area?
5 MR. BESSETTE: If you don't go into the 6 spent fuel pool area, it's just, my understanding is 7 a general orientation of the site that we would have 8 to do anyway at the beginning of the tour. So we 9 would do a normal site orientation briefing of where 10 we're going. The briefing for the spent fuel pool 11 is separate and would be in addition to that 12 briefing.
13 JUDGE WARDWELL: About how long do you 14 anticipate that first orientation briefing to take?
15 MR. BESSETTE: Mr. Curry, do you have 16 any estimate? Half hour?
17 MR. CURRY: I would have said anywhere 18 between, you know, 10 to 15 minutes typically. Just 19 as a matter of logistics, you know, we would explain 20 where we were going to go on the tour and just 21 describe, due to the noise in the areas, so it would 22 be a 15-minute general orientation and, you know, 23 lengthened by any questions we might have. And then 24 in addition to that, if we were going on the nuclear 25 side, you would have to add a minimum of an hour.
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1126 1 JUDGE WARDWELL: Thank you. In regards 2 to the spent fuel pool itself, how much time would 3 it take to get in and out of the spent fuel pool if 4 we went to only one?
5 MR. CURRY: Again, with a group, and I 6 would suggest that maybe not all 23 would want to go 7 in, but if the whole group would go in, just getting 8 into that area could delay us by 45 minutes to an 9 hour1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> getting in and same coming out. So if we opt 10 to go into the nuclear side, you're really going to 11 add another three hours to the whole tour only due 12 to the size of the group. I mean, if three people 13 were going to go in, it would take a lot less. But 14 with a whole group, we have a whole group to get 15 through, you know, both badging in and then, you 16 know, the radiological monitoring both going in and 17 going out.
18 MR. TURK: Your Honor, this is Sherwin 19 Turk. Certainly, the staff will go along with 20 whatever the Board feels it needs for the tour, but 21 I'm wondering is it possible to have a video done of 22 the spent fuel pool area, and then we could observe 23 the video rather than going through the entry and 24 exit procedures?
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1127 1 appropriate arrangements, but we'd have to confirm 2 with Mr. Curry if that's what the Board would be 3 interested in.
4 MR. CURRY: If that's the Board's 5 desire, it would be easy enough for us to make a 6 video of that area or anything the Board would like 7 us to photograph of that area for them in a video.
8 JUDGE McDADE: Okay. Thank you, Mr.
9 Curry. We will get back to you on that as to how we 10 wish to proceed. Another thing to Mr. Bessette 11 also, when you're sending out this information, 12 there should be information with regard to the 13 contact person and also specific directions as to 14 where people will meet the contact person, you know, 15 in addition to having the cell phone number to be 16 able to reach them. But exactly where people are 17 supposed to go so that we don't wind up with 18 confusion, you know, a map would be helpful.
19 .MR. BESSETTE: Yes, your Honor. What I 20 would propose to do is we would get out the form 21 today, and then, once that's returned and we know 22 who's going to be on the tour, we could provide 23 follow-up with all of that information which we 24 could be gathering in the meantime.
25 JUDGE McDADE: Okay. Thank you, Mr.
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1128 1 Bessette.
2 MR. BESSETTE: Yes, sir.
3 JUDGE McDADE: The next, we had a list 4 of several things that, in the Board's view, would 5 be important for us to see. We had raised with the 6 parties whether or not, based on their review of the 7 documents and the contentions and the testimony, 8 there were other things that you would want to ask 9 the Board to take a look at during the course of our 10 site visit. First of all, with the interveners, New 11 York, Mr. Sipos, are there other things that you 12 would want us to add to this tour that you think 13 would be helpful for the Board?
14 MR. SIPOS: Yes, your Honor. It may be 15 a subcategory specifically under Paragraph 1E for 16 the ISFSI. Would it be possible to see the 17 locations of the next generation, the next location 18 for the future ISFSI that would come about through 19 extended operations?
20 JUDGE McDADE: Okay. Anything else, Mr.
21 Sipos?
22 MR. SIPOS: No, your Honor.
23 JUDGE McDADE: Riverkeeper, Ms.
24 Brancato?
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1129 1 you. First, I'd like to note that I'm being mindful 2 of the added time and complexity it would take to 3 view the spent fuel pool. Riverkeeper does see the 4 value in having the opportunity to observe that, for 5 the Board that is, in relation to the consolidated 6 leak contention. So we would suggest that that 7 remain on the list. And, additionally, to the 8 extent that the initial listing of the spent fuel 9 pool buildings and the actual spent fuel pools did 10 not contemplate the Unit 1 spent fuel pool 11 structures, Riverkeeper suggests that such 12 structures also be observed, if that's possible.
13 In addition, Riverkeeper suggests that 14 the site visit would include an observation of any 15 components or structures which contain or capture 16 the residual contamination that's attributable to 17 the Unit 1 spent fuel pool leaks, including, but not 18 limited to, the north curtain drain and the 19 spherical foundation drain sump. Those are 20 relevant, again, to the --
21 JUDGE McDADE: I'm sorry. Could you 22 repeat that?
23 MS. BRANCATO: Sure. The particular 24 components I referred to are the north curtain drain 25 and the spherical foundation drain sump, both of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1130 1 which it's Riverkeeper's understanding either 2 capture and/or retain residual contamination that is 3 attributable to the Unit 1 spent fuel pool leaks.
4 JUDGE McDADE: Okay. Thank you. From 5 Clearwater, Ms. Greene?
6 MS. BRANCATO: Your Honor? This is Ms.
7 Brancato again. We just had one last suggestion, if 8 that's all right.
9 JUDGE McDADE: Please.
10 MS. BRANCATO: Lastly, we suggest that 11 the visit include an observation of any location 12 that the site for potential extraction wells at the 13 plant to the extent that Entergy has considered the 14 implementation of any such wells. Thank you.
15 JUDGE KENNEDY: Excuse me. This is 16 Judge Kennedy. Did you say extraction wells?
17 MS. BRANCATO: Yes, your Honor. We 18 raised this in our statement of position in relation 19 to potential mitigation alternatives, and it is 20 Riverkeeper's understanding that Entergy has, in the 21 past, considered installing such wells. So we do 22 believe it would be helpful, to the extent there are 23 any locations at the site contemplated, that we 24 could observe those.
25 JUDGE KENNEDY: Okay. Thank you.
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1131 1 MR. BESSETTE: You're welcome. Thank 2 you. JUDGE McDADE: Okay. Ms. Greene, 3 anything further?
4 MS. GREENE: Nothing further. We want 5 to support both the request of New York State and 6 the request of Riverkeeper. Thank you, your Honor.
7 JUDGE McDADE: Mr. Snook from 8 Connecticut?
9 MR. SNOOK: We tend to agree with New 10 York and Riverkeeper's comments, but we have no 11 independent ones.
12 JUDGE McDADE: Okay. Ms. Shiah?
13 MS. SHIAH: No, your Honor, we don't 14 have any independent additional suggestions.
15 JUDGE McDADE: Mr. Turk?
16 MR. TURK: We have no further locations 17 to suggest, your Honor.
18 JUDGE McDADE: Mr. Bessette?
19 MR. BESSETTE: No, your Honor, but, 20 obviously, we have some comments on the proposed 21 locations of the other parties. Would you like 22 those now?
23 JUDGE McDADE: Yes.
24 MR. BESSETTE: First, with regard to Mr.
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1132 1 to understand the relevance of an ISFSI to any of 2 the admitted contentions, particularly an ISFSI that 3 doesn't exist. With regard to spent fuel pools, as 4 we discussed, we can certainly view a spent fuel 5 pool, but we believe it would be logistically, if 6 not impossible to visit all spent fuel pools. Plus, 7 the Unit 1 spent fuel pool is empty and drained, and 8 I'm not sure how that's relevant or whether we can 9 even see it. And I really would have to disagree 10 with discussion of, I'm not even sure you can see 11 the particular equipment associated with the Unit 1 12 spent fuel north curtain drain and spherical 13 foundation drain. I think that's going into a bit 14 of a level of equipment detail that's beyond the 15 scope of the issues.
16 JUDGE McDADE: Okay. Anything further, 17 Mr. Bessette?
18 MR. BESSETTE: No, your Honor.
19 JUDGE McDADE: And anything further --
20 JUDGE WARDWELL: Mr. Bessette, this is 21 Judge Wardwell. Where is that north curtain drain 22 and the spherical something else drain --
23 MR. BESSETTE: Foundation drain.
24 JUDGE WARDWELL: Foundation drain, yes.
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1133 1 facility somewhere, your Honor, but I don't know.
2 Like I said, we have to follow up with that.
3 JUDGE WARDWELL: Would it be exterior to 4 the buildings of Unit 1 as a collection facility, or 5 would it be internal to Unit 1; do you have any 6 idea?
7 MR. BESSETTE: I'll have to defer. Mr.
8 Curry, do you know?
9 MR. CURRY: Yes. The north curtain 10 drain itself is a curtain drain that runs, it's 11 buried and it runs around the foundation of the Unit 12 1 containment sphere facility. So that, in essence, 13 is a buried drain. It does enter the lower 14 elevations of Unit 1 where they're underneath, the 15 Unit 1 sphere sits on a bed and there is a sump 16 associated with that, the sphere foundation sump.
17 So you're talking about the lower elevations of Unit 18 1 and typically not an area where we would bring 19 people on the tour. Certainly, again, an area where 20 equipment which would be a sump pump in that area, 21 but, again, something not impossible but 22 logistically would add quite a bit of time getting 23 people into another building and getting --
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1134 1 portions of them are exterior to the Unit 1 2 buildings; is that what you're saying?
3 MR. CURRY: The curtain drains 4 themselves are exterior to the building and in the 5 ground and the equipment, the sphere foundation sump 6 pumps, are within the lower elevation of the 7 building. They are under the sphere, so they're in 8 the lower elevations of Unit 1.
9 JUDGE WARDWELL: And what's labeled the 10 spherical foundation drain, is it more than just 11 that sump pump or --
12 MR. CURRY: Well, it's where we had 13 typed everything into that and a series of the 14 mineralizers that were put in that area and 15 collection tanks to collect what was going into that 16 sump.
17 JUDGE WARDWELL: And were these drains 18 underneath the spherical foundation, or were these -
19 20 MR. CURRY: The sphere foundation drain 21 pump is underneath the sphere.
22 JUDGE WARDWELL: And what about the 23 drains that are feeding it that you talked about, 24 the pipes I think you said?
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1135 1 embedded in the ground that surround the building in 2 which the sphere is set.
3 JUDGE WARDWELL: And you could show us a 4 location of that exterior to the Unit 1 --
5 MR. CURRY: Exterior, as we walk on a 6 tour, we can show you where those curtain drains 7 would be located.
8 JUDGE WARDWELL: Okay. Thank you.
9 Given the list that's here, exclusive of the spent 10 fuel pools, what is the time it would take to walk 11 around the facility and observe these?
12 MR. CURRY: Your Honor, we believe it 13 would, not including any general orientation, it 14 would probably be approximately, I believe it's an 15 estimate of three and a half to four hours if we 16 wanted to appropriately tour all the areas and allow 17 for questions.
18 JUDGE WARDWELL: And you view, as we 19 were describing these, pretty much all of them would 20 be exterior to any building, correct?
21 MR. CURRY: That's right, your Honor, 22 yes.
23 JUDGE WARDWELL: And then did you have 24 any other comments on what the other parties 25 recommended to add to the tour, or were you done NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1136 1 with that?
2 MR. CURRY: No, your Honor. With regard 3 to any potential extraction wells, we'd have to 4 refresh my memory on any of the concerns of 5 Riverkeeper, but I'm sure we could point to a 6 general area on the external site.
7 JUDGE WARDWELL: Thank you.
8 MR. SIPOS: And, your Honors, if I may, 9 this is John Sipos. The State would also support 10 Riverkeeper's proposal and possibly also your 11 Honor's proposal about visiting a spent fuel 12 building and structure. I'm sorry I didn't mention 13 that before when Judge McDade asked that question, 14 but the State believes that such a tour of that area 15 would be appropriate.
16 MS. BRANCATO: Your Honor, this is Ms.
17 Brancato. May I speak for a moment?
18 JUDGE McDADE: Please.
19 MS. BRANCATO: I would just like to say 20 in relation to Mr. Sipos' request to view potential 21 sites for future independent spent fuel storage 22 installations, I do believe that that is relevant to 23 Riverkeeper's consolidated contention related to the 24 spent fuel pool leaks because the contention does 25 raise, as a potential mitigation alternative, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1137 1 removing fuel from the existing spent fuel pools and 2 that fuel would then, in turn, have to be moved into 3 an ISFSI. So it would support the State's request 4 to view that.
5 And then I would also just like to say 6 for the record that the leaks from the, the past 7 leaks from Unit 1 spent fuel pools are squarely 8 relevant to the consolidated contention, as are the 9 buildings. And notwithstanding whether the site 10 visit does end up including them, I think the record 11 and your Honor's rulings to date on that issue is 12 very clear. In any event, those structures and 13 related components are relevant. Thank you.
14 JUDGE McDADE: Okay. One other thing I 15 should have mentioned and will mention right now, as 16 far as the tour goes, there's no member of the Board 17 that has any mobility issues. If any of the 18 individuals who are going to be representing a 19 participant has a mobility issue, if they could let 20 us know when the person is identified so that we can 21 make, if possible, reasonable accommodations. We 22 just don't want to wind up getting there on the day 23 of the site visit and then finding out that there's 24 one or more individuals that accommodations have not 25 been made for that are needed and, yet, at that late NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1138 1 date, can't be made for. So if you identify an 2 individual, if the individual does have any mobility 3 issues, please include that so that appropriate 4 accommodations could be made.
5 I think that's all the Board wanted to 6 cover at this particular status conference. Let me 7 just go down. Mr. Bessette, does Entergy have 8 anything further?
9 MR. BESSETTE: No, your Honor. I'm just 10 wondering will the Board be providing any further 11 guidance on the tour areas based on this call?
12 JUDGE McDADE: Yes, we will. We will 13 discuss it among ourselves and we will issue another 14 brief order.
15 MR. BESSETTE: All right, your Honor.
16 And we will get out the appropriate form for the 17 parties to review and a requested response date.
18 Other than that, we have nothing further, your 19 Honor.
20 JUDGE McDADE: Okay. Mr. Turk?
21 MR. TURK: We have nothing further, your 22 Honor.
23 JUDGE McDADE: Okay. And you're going 24 to get back to us with the issues with regard to 25 RAIs?
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1139 1 MR. TURK: Yes, your Honor.
2 JUDGE McDADE: Okay. Mr. Sipos, do you 3 have anything further?
4 MR. SIPOS: No, your Honor. Thank you.
5 JUDGE McDADE: Ms. Brancato?
6 MS. BRANCATO: No, your Honor. Thank 7 you. JUDGE McDADE: Ms. Greene?
8 MS. GREENE: My only thought, your 9 Honor, is with regard to the extra time for touring 10 the sites that are radioactive and require 11 additional personal protective equipment, that 12 perhaps you might consider that a subset of the 13 people that are the participants in the tour be 14 allowed to participate in that, and it would be up 15 to each party to send one representative instead of 16 two and that might save some time.
17 JUDGE McDADE: Okay. Thank you, Ms.
18 Brancato. Ms. Greene?
19 MS. GREENE: I'm sorry. That was Ms.
20 Greene.
21 JUDGE McDADE: Oh, I'm sorry. Mr.
22 Snook?
23 MR. SNOOK: Nothing further.
24 JUDGE McDADE: And Ms. Shiah?
25 MS. SHIAH: Nothing further, your Honor.
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1140 1 JUDGE McDADE: Okay. That being the 2 case, we will terminate this status conference, and 3 we will back in touch with you by way of an order 4 for any additional, if there are additional areas 5 that we wish to view other than what was listed in 6 our April 5th order. And we will also get back to 7 you with a negative report on that, as well. There 8 being nothing further, this status conference is now 9 terminated. Thank you.
10 (Whereupon, the foregoing matter was 11 concluded at 1:54 p.m.)
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CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission Proceeding: Entergy Nuclear Operations-Indian Point Pre-Hearing Conference Docket Number: 50-247-LR and 50-286-LR ASLBP Number: 07-858-03-LR-BDO1 Location: Teleconference were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken and thereafter reduced to typewriting under my direction and that said transcript is a true and accurate record of the proceedings.
Official Reporter Neal R. Gross & Co., Inc.
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