ML12188A745
| ML12188A745 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/06/2012 |
| From: | Harris B NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22926, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, NYS-38/RK-TC-5 | |
| Download: ML12188A745 (8) | |
Text
July 6, 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5 Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff (Staff) hereby requests an extension of time until August 20, 2012, for the filing of testimony, exhibits and statements of position on Contention NYS-38/RK-TC-5 in this proceeding by the Staff. As discussed below, the Staff has discussed this motion with Entergy Nuclear Operations, Inc. (Entergy or Applicant), the State of New York (New York) and Riverkeeper, Inc. (Riverkeeper) (collectively, Intervenors);
none of those parties oppose the Staffs motion. In support of this Motion, the Staff states as follows:
- 1. In accordance with the Atomic Safety and Licensing Boards (Board) previous Scheduling Orders in this proceeding, New York and Riverkeeper filed their direct testimony, exhibits and statements of position for Contention NYS-38/RK-TC-5 on June 19 and 20, 2012.
- 2. As stated in the Boards Order (Denying NRC Staffs Motion for Partial Reconsideration and State of New York/Riverkeepers Cross-Motion to NRC Staffs Motion for Reconsideration) (Scheduling Order) of April 23, 2012, the Staff and Entergy are required to file their testimony, exhibits, and statements of position in filings that set out both their direct and rebuttal cases. Id. at 7. Under the current schedule, the Staffs and Applicants testimony, exhibits and statements of position on NYS-38/RK-TC-5 are now due to be filed on or before July 19, 2012. See Order of May 16, 2012, at 1. Based on the current schedule, New Yorks
and Riverkeepers rebuttal testimony, statements of position, and exhibits are due ten days later, on July 30, 2012. Scheduling Order at 7.
- 3. The Intervenors testimony, exhibits, and statements of position on NYS-38/RK-TC-5, filed on June 19 and 20, 2012, address a multitude of issues related to the 3 parts of their contention including: the steam generator divider plate, metal fatigue, and WESTEMSTM.
Specifically, the Intervenors filings consist of 872 pages including the statement of position, pre-filed testimony, and exhibits. The breadth and volume of the Intervenors testimony, exhibits and statements of position have caused the Staff to conclude that it will require an extension of time to enable it to complete its review of the Intervenors filings and file its direct and rebuttal testimony, exhibits, and statements of position on this contention.
- 4. In addition, the Staff is engaged in an intensive and time-consuming review of the numerous and extensive evidentiary submissions that the Intervenors filed in the past ten days.
Specifically, on June 28, 2012, the Intervenors filed rebuttal testimony on Contentions NYS-5 (buried piping and tanks), NYS-6/7 (low and medium voltage cables), and Clearwater-EC3A (environmental justice). On June 29, 2012, the Intervenors completed their rebuttal filings on NYS-8 (transformers), NYS-17B (property values), NYS-37 (no action alternative), and Riverkeeper-TC2 (flow accelerated corrosion). On July 2, 2012, the Intervenors completed additional rebuttal filings on NYS-12C (SAMA decontamination and cleanup costs), NYS-16B (SAMA population estimates), and NYS-26B/ Riverkeeper-TC1B (metal fatigue). The Staffs witnesses for NYS-38/RK-TC-5, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 substantially overlap. The Staffs witnesses ability to prepare testimony responsive to the Intervenors initial filings on Contention NYS-38/RK-TC-5, while simultaneously reviewing their rebuttal testimony on Contentions NYS-26B/ Riverkeeper-TC1B, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 for motions in limine, is limited, and precludes them from being able to address all of these matters simultaneously.
- 5. In addition, some of the Staffs witnesses assigned to this contention were severely impacted by the recent thunderstorm that resulted in substantial power outages throughout the Washington, D.C., metro region. One witness lost both power and water to his home for five days, limiting his ability to work on this matter.
- 6. In view of the breadth and volume of the Intervenors filings, which the Staff is required to address in its rebuttal testimony - as well as the need to review Intervenors rebuttal testimony and prepare any necessary motions in limine, and the severe disruptions to power and water from the recent storm, the Staff has determined that it requires a 30-day extension of time, until August 20, 2012, for the filing of its testimony, exhibits, and statements of position on Contention NYS-38/RK-TC-5.
- 7. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York, Riverkeeper, Clearwater, and Entergy. Counsel for Entergy stated that Entergy does not object to the Staffs requested extension and requests that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staffs and Entergys testimony, exhibits, and statements of position on NYS-38/RK-TC-5; the Staff does not oppose that request. Counsel for New York and Riverkeeper stated that they do not oppose the Staffs request and are amenable to a common date being established for both the Staffs and Applicants filings. Counsel for Clearwater did not participate in the consultation.
- 8. The Staff is aware that this proceeding commenced more than four years ago, and that the Board has expressed interest in progressing to hearing without unnecessary delay (e.g., Tr. 1096-97). The Staff respectfully submits, however, that the instant request for an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. This extension of time would not affect the hearing on Track 1 contentions (scheduled to commence on October 15, 2012), which do not include NYS-38/RK-TC-5.
WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until August 20, 2012, in which to file their written testimony, exhibits, and statements of position in this proceeding.
Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012
CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (Entergy, New York, Clearwater, and Riverkeeper), to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful. Clearwater took no part in these discussions.
Respectfully submitted, Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5, dated July 6, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 6th day of July, 2012.
Lawrence G. McDade, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23 Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy Josh Kirstein, Esq.
Atomic Safety and Licensing Board Panel Anne Siarnacki, Esq.
Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 U. S, Nuclear Regulatory Commission E-mail: Michael.Kennedy@nrc.gov Washington, D.C. 20555-0001 E-mail: Josh.Kirstein@nrc.gov E-mail: Anne.Siarnacki@nrc.gov
Atomic Safety and Licensing Board Panel Melissa-Jean Rotini, Esq.
U.S. Nuclear Regulatory Commission Assistant County Attorney Mail Stop: T-3 F23 Office of Robert F. Meehan, Esq.
Washington, DC 20555-0001 Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq. John J. Sipos, Esq.
Paul M. Bessette, Esq. Charlie Donaldson, Esq.
Jonathan Rund, Esq. Assistants Attorney General Morgan, Lewis & Bockius, LLP New York State Department of Law 1111 Pennsylvania Avenue, NW Environmental Protection Bureau Washington, D.C. 20004 The Capitol E-mail: ksutton@morganlewis.com Albany, NY 12224 E-mail: pbessette@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: jrund@morganlewis.com Janice A. Dean, Esq.
Martin J. ONeill, Esq. Assistant Attorney General, Morgan, Lewis & Bockius, LLP Office of the Attorney General 1000 Louisiana Street, Suite 4000 of the State of New York Houston, TX 77002 120 Broadway, 25th Floor E-mail: martin.o'neill@morganlewis.com New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Elise N. Zoli, Esq. Joan Leary Matthews, Esq.
Goodwin Procter, LLP Senior Attorney for Special Projects Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 02109 Office of the General Counsel E-mail: ezoli@goodwinprocter.com 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq. John Louis Parker, Esq.
Assistant General Counsel Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental Conservation White Plains, NY 10601 21 South Putt Corners Road E-mail: wdennis@entergy.com New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Daniel E. ONeill, Mayor Manna Jo Greene James Seirmarco, M.S. Karla Raimundi Village of Buchanan Hudson River Sloop Clearwater, Inc.
Municipal Building 724 Wolcott Avenue Buchanan, NY 10511-1298 Beacon, NY 12508 E-mail: vob@bestweb.net E-mail: mannajo@clearwater.org E-mail: smurray@villageofbuchanan.com E-mail: karla@clearwater.org
Robert Snook, Esq. Daniel Riesel, Esq.
Office of the Attorney General Thomas F. Wood, Esq.
State of Connecticut Victoria Shiah, Esq.
55 Elm Street Sive, Paget & Riesel, P.C.
P.O. Box 120 460 Park Avenue Hartford, CT 06141-0120 New York, NY 10022 E-mail: robert.snook@ct.gov E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq. Michael J. Delaney, Esq.
Deborah Brancato, Esq. Director, Energy Regulatory Affairs Riverkeeper, Inc. New York City Department of Environmental 20 Secor Road Protection Ossining, NY 10562 59-17 Junction Boulevard E-mail: phillip@riverkeeper.org Flushing, NY 11373 E-mail: dbrancato@riverkeeper.org E-mail: mdelaney@dep.nyc.gov Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov