ML12237A182
| ML12237A182 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/24/2012 |
| From: | Brancato D, Sipos J, Snook R Riverkeeper, State of CT, Office of the Attorney General, State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23353, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12237A182 (15) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
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.
August 24, 2012
x JOINT MOTION BY STATE OF NEW YORK, STATE OF CONNECTICUT, AND RIVERKEEPER TO AMEND THE SCHEDULING ORDER FOR RESPONSIVE PRE-FILED SUBMISSIONS IN SUPPORT OF CONTENTION NYS-38/RK-TC-5 Office of the Attorney General Riverkeeper, Inc.
for the State of New York 20 Secor Road The Capitol Ossining, New York 10562 State Street Albany, New York 12224 Office of the Attorney General for the State of Connecticut 55 Elm Street Hartford, Connecticut 06106-1774 (860) 808-5107
1 Intervenors The State of New York and Riverkeeper, and Interested Governmental Entity The State of Connecticut respectfully request that the Atomic Safety and Licensing Board modify its previous scheduling order and expand the time for parties to file replies to Entergy and NRC Staffs recently-filed prefiled submissions - totaling 1,800 pages - on Contention NYS-38/RK-TC-5 from August 30 to October 4, 2012.
Background
Contention NYS-38/RK-TC-5 was presented to the ASLB on September 30, 2011 and accepted by the Board on November 10, 2011. It has seen substantial motion practice since then.
Much of the procedural history of Contention NYS-38/RK-TC-5 is summarized in the Joint Statement of Position (Exhibit NYS000371 (June 19, 2012)) and hereby incorporated. Recently, the Board denied an in limine motion against the intervenors opening pre-filed submissions.
Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Board Order (Denying Entergys Motion in Limine Seeking to Exclude Portions of Intervenors Direct Evidence Addressing Contention NYS-38/RK-TC-5) (Aug 16, 2012).
The Board previously issued a scheduling order wherein the Board provided ten days for intervenors and interested governmental entities to prepare and submit reply submissions to Entergy and NRC Staffs pre-filed submissions. Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Board Order (Denying NRC Staffs Motion for Partial Reconsideration and State of New York/Riverkeepers Cross-Motion to NRC Staffs Motion for Reconsideration) at 7-8 (April 23, 2012) (unpublished). In early July, the State, Riverkeeper, and Entergy agreed to the Staffs request for an extension of time to file its opening submissions from July 19 to August 20. The State, Riverkeeper, and Staff also agreed to Entergys request that, for the sake of efficiency and uniformity, a single date be established for the filing of both
2 the Staffs and Entergys testimony, exhibits, and statements of position on NYS-38/RK-TC-5.
See NRC Staffs Unopposed Motion for Extension of Time (July 6, 2012) ML12188A745. The Board granted this request. At that time the State identified that it would likely need additional time to review the applicant and Staffs pre-filed submissions, but there was not agreement on a schedule.
On June 19, 2012, the State and Riverkeeper filed their opening pre-filed submissions in support of Contention NYS-38/RK-TC-5. Sixty-one days later, on the afternoon and evening of August 20, 2012, Entergy and NRC Staff filed their pre-filed submissions in opposition Contention NYS-38/RK-TC-5. While the State and Riverkeeper representatives are still in the process of completing an initial review of Entergy and Staffs August 20 filings, they have concluded that they will need more time than that allotted by the Boards April 23, 2012 Scheduling Order to review the August 20 filings and prepare and file replies to those filings.
The State and Riverkeeper submit that the following considerations support the request.
Recent Applicant Disclosures In recent weeks, Entergy has disclosed various documents as relevant to Contention NYS-38/RK-TC-5. A number of these documents are several years old. The State and Riverkeepers representatives and experts need time to sufficiently review and consider these newly-disclosed documents before completing rebuttal hearing submissions on Contention NYS-38/RK-TC-5.
3 In the last 15 days, Entergy had disclosed the following documents as relevant to Contention NYS-38/RK-TC-5:
Entergys Public Disclosures (8/6/2012-8/20/2012)
Concerning Contention NYS-38/RK-TC-5 Date of Entergy Disclosure Log Entry Document Date Subject/Description Contention 8/6/2012 1516 Aug-05 Delabrouille, F. et al., Effect Of The Chromium Content And Strain On The Corrosion Of Nickel Based Alloys In Primary Water Of Pressurized Water Reactors, Proceedings of the 12th International Conference on Environmental Degradation of Materials in Nuclear Power System - Water Reactors NYS-38/RK-TC-5 8/6/2012 1518 7/12/2012 Letter from A. Macfarlane, Chairwoman, NRC, to E.
Markey, U.S. Congressman, Regulatory Commitments (ML12108A307)
NYS-38/RK-TC-5 8/6/2012 1519 4/14/2000 NL-00-043, Letter from J. Baumstark, Consolidated Edison Company of New York, to NRC Document Control Desk, Root Cause Evaluation For Steam Generator Tube Rupture Event of February 15, 2000 NYS-38/RK-TC-5 8/6/2012 1521 12/3/1999 Safety Evaluation Related to Amendment No. 308 for Oconee Nuclear Station Units 1, 2 and 3 (ML993420021)
NYS-38/RK-TC-5 8/6/2012 1523 10/12/1988 IP3-88-061, Letter from W. A. Josiger, New York Power Authority, to W.T. Russell, NRC, NRC Bulletin No. 88-08 Thermal Stresses in Piping Connected to Reactor Coolant Systems (ML100490619)
NYS-38/RK-TC-5, NYS-26B/RK-TC-1B 8/6/2012 1524 6/29/1989 IP3-89-048, Letter from W. A. Josiger, New York Power Authority, to W. T. Russell, NRC, NRC Bulletin No. 88-08 Thermal Stresses in Piping Connected to Reactor Coolant Systems (ML100490646)
NYS-38/RK-TC-5, NYS-26B/RK-TC-1B 8/6/2012 1525 4/19/2012 Letter from R. Conte, NRC, to J. Ventosa, Entergy, Indian Point Nuclear Generating Unit 2 - NRC Inspection Report 05000247/2012008 (ML12110A315)
NYS-38/RK-TC-5 8/6/2012 1530 3/14/2012 Letter from E. Markey, U.S. Congressman, to G.
Jaczko, Chair, NRC, Regulatory Commitments, available at http://markey.house.gov/sites/markey.house.gov/files/
2012_0314%20 Markey_Commitments%20ltr%20to%20NRC.pdf NYS-38/RK-TC-5 8/17/2012 1534 Dec-05 Steam Generator Tube Alternate Repair Criteria for the Portion of the Tube Within the Tubesheet at Catawba 2 (ML053630145)
NYS-38/RK-TC-5 8/17/2012 1535 7/24/1998 NRC Information Notice 1998-27, Steam Generator Tube End Cracking (ML031050119)
NYS-38/RK-TC-5 8/17/2012 1536 Mar-03 NUREG-1772, Safety Evaluation Report Related to the License Renewal of McGuire Nuclear Station, NYS-38/RK-TC-5
4 Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2(ML030850251) 8/17/2012 1537 6/24/2005 Regulatory Perspective on Steam Generator Tube Operating Experience (ML051570192)
NYS-38/RK-TC-5 8/17/2012 1539 4/8/2009 Renewed Facility Operating License for the Oyster Creek Nuclear Generating Station (ML052720204)
NYS-38/RK-TC-5 8/17/2012 1540 3/21/2011 Renewed Facility Operating License for the Vermont Yankee Nuclear Power Station (ML092110054)
NYS-38/RK-TC-5 8/17/2012 1541 5/29/2012 Renewed Facility Operating License for the Pilgrim Nuclear Power Station (ML052720275)
NYS-38/RK-TC-5 8/20/2012 1545 5/22/2012 Letter from A. Cunanan, NRC, to M. Reddemann, Energy Northwest, Issuance of Renewed Facility Operating License No. NPF-21 for Columbia Generating Station (ML12089A043)
NYS-38/RK-TC-5 Entergys Mandatory Disclosures (8/6/2012-8/20/2012)
Date of Disclosure Log Entry Date of Document Category Subject/Description Contention(s) 8/6/2012 9378 2001 Code ASME Boiler and Pressure Vessel Code,Section XI, Rules for Inservice Inspection of Nuclear Power Plant Components, Article IWA-2000 NYS-38/RK-TC-5 8/6/2012 9379 1/23/2012 Manual Commitment Management Program, Rev. 5 (EN-LI110)
NYS-38/RK-TC-5 8/6/2012 9387 1/18/2005 Report Minimum Chromium Content In Nickel-Alloy Weld Overlays to Mitigate PWSCC (SIR-05-007)
NYS-38/RK-TC-5 8/6/2012 9388 11/18/2008 Report Nordmann, F., Material Aging Institute International Conference on Plants Materials Degradations, "Chemical Conditioning of Light Water Reactors Systems" NYS-38/RK-TC-5 Entergys Proprietary Disclosures (8/6/2012-8/20/2012)
Date of Entergy Disclosure Log Entr y
Date of Document Subject/Description Contention(s)
Basis for Proprietary Status 8/6/2012 657 6/7/2012 EPRI, Divider Plate/Tube-To-Tubesheet Weld Crack Propagation Project NYS-38/RK-TC-5 EPRI Proprietary Information 8/6/2012 658 Jun-12 EPRI, Steam Generator Management Program:
Assessment of Channel Head Susceptibility to Primary Water Stress Corrosion Cracking (Product ID: 1025133)
NYS-38/RK-TC-5 EPRI Proprietary Information 8/6/2012 659 12/1/2009 EPRI, Steam Generator Management Program:
Improvement Factors for NYS-38/RK-TC-5 EPRI Proprietary Information
5 Pressurized Water Reactor Steam Generator Tube Materials (Product ID:
1019044) 8/6/2012 660 Jun-05 EPRI, Materials Reliability Program: Management of Thermal Fatigue in Normally Stagnant Non-Isolable Reactor Coolant System Branch Lines (MRP-146) (Product ID:
1011955)
NYS-38/RK-TC-5, NYS-26B/RK-TC-1B EPRI Proprietary Information 8/17/2012 662 Jun-10 SG-SGMP-10-15, Steam Generator Operational Assessment for Operating Cycles 20 and 21 Indian Point 2 NYS-38/RK-TC-5 Westinghouse Proprietary Information Applicant and Staff Filings On August 20, 2012, Entergy and NRC Staff filed their pre-filed submissions in opposition Contention NYS-38/RK-TC-5. Those filings are voluminous; collectively they total approximately 1,800 pages. They include two Statements of Position (including a 48-page submission by Entergy and a 33-page submission by Staff), 210 pages of pre-filed testimony from 9 witnesses collectively (138 pages from Entergy and 78 pages from Staff), and 64 additional exhibits (51 exhibits from Entergy and 13 from Staff). The States and Riverkeeper have determined that they require substantially more time than the 10 days provided in the April 23 Scheduling Order to effectively evaluate the August 20 submissions and prepare responsive documents.
Experts Limited Availability One of the States experts Dr. Richard Lahey is unavailable on August 19-23, due to previous scheduled commitments and will likewise be unavailable 7 of the 19 work days in September. Riverkeepers expert, Dr. Joram Hopenfeld will be out of town and away from his office from September 6, 2012 to September 20, 2012, and will have limited time and ability to perform the necessary work during that time. In addition, Dr. Hopenfeld is currently out of
6 town, and is not expected to return until Monday, August 27, 2012; this travel will limit Dr.
Hopenfelds ability to work on rebuttal testimony and complete such work during the current-applicable 10-day timeframe. In addition, another expert for the State, Dr. David Duquette, will be involved in preparations for the start of RPIs fall academic semester during the last week of August and first week of September.
Attorney Availability The attorney for the State with primary responsibility for Contention NYS-38/RK-TC-5, AAG Sipos, will be out of the office starting on August 23 for six days and again on September 20 for an office obligation. The attorney for Riverkeeper with primary responsibility for this contention, Ms. Brancato, will be out of the office from September 17-21. Responsive submissions will require coordination between Intervenors given the joint nature of the admitted contention. Mr. Sipos and Ms. Brancato will also be involved in numerous activities in preparation for the upcoming evidentiary hearing.
The State of Connecticut also is requesting additional time to review the numerous new filings from Staff and Entergy. Counsel assigned to this case for Connecticut, Mr. Snook, is also responsible for three major federal civil rights actions and wishes to advise the Board that there has been a major agency restructuring which has resulted in his being assigned to the Bureau of Energy and Technology, with significant new responsibilities including reviewing the States integrated energy resources plan.
Riverkeeper Difficulty in Downloading Documents Despite diligent efforts, Riverkeeper representatives encountered difficulty in downloading Entergy and Staffs August 20, 2012 pre-filed submissions from the EIE and were unable to fully obtain those documents until the evening of Tuesday, August 21, 2012.
7 Other Scheduling Issues The State and Riverkeeper face a number of other scheduling obligations over the next several weeks that also support the request to extend the current deadline of August 30, 2012 for responsive filings on Contention NYS-38/RK-TC-5. These obligations include:
- August 29, 2012: submission of examination plans and proposed questions on several admitted contentions
- August 31, 2012: monthly disclosure updates
- Early September 2012: resolution of parties consultation on proprietary designations for exhibits presented in connection with Contention NYS-6/7 (and potential motion practice if unresolved issues remain).
- September & October 2012: logistical preparations for evidentiary hearings on various contentions that commence on October 15.
- September 30, 2012: monthly disclosure updates.
Conclusion Contention NYS-38/RK-TC-5 has progressed rapidly over the past year. Recognizing Applicant and Staffs desire to expedite the consideration of all admitted matters, the States and Riverkeeper submit that they should be provided with a reasonable amount of time to meaningfully review the very recent disclosures and the pre-filed submissions and have a meaningful opportunity to consult with their experts and prepare responsive filings. This requested extension will not delay the proceeding since various contentions, such as Contention NYS-25, will be heard at a later date; Entergy and Westinghouse continue to examine various issues, such as metal fatigue, which may implicate portions of Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5; and Staff will be supplementing its review of various environmental issues.
8 Accordingly, the State of New York, the State of Connecticut, and Riverkeeper respectfully request that the Board modify its previous scheduling order and expand the time for Intervenors and Interested Governmental Entities to file replies to Entergy and NRC Staffs recently-filed prefiled submissions to October 4, 2012. The State of New York, the State of Connecticut, and Riverkeeper would not oppose a reasonable extension of time for filing Motions in Limine, if any.
9 Respectfully submitted, Signed (electronically) by Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, New York 10562 (914) 478-4501 Signed (electronically) by Robert Snook Assistant Attorney General Office of the Attorney General for the State of Connecticut 55 Elm Street Hartford, Connecticut 06106-1774 (860) 808-5107 August 24, 2012
10 10 C.F.R. § 2.323 Certification Pursuant to 10 C.F.R. § 2.323(b) and the Boards July 1, 2010 Scheduling Order (at 8-9),
I certify that I have made a sincere effort to contact counsel for NRC Staff and Entergy in this proceeding, to explain to them the factual and legal issues raised in this motion, and to resolve those issues, and I certify that my efforts have been unsuccessful.
Signed (electronically) by Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, New York 10562 (914) 478-4501 August 24, 2012
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
x In re:
Docket Nos. 50-247-LR and 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.
August 24, 2012
x CERTIFICATE OF SERVICE I hereby certify that on August 24, 2012, copies of the State of New York, State of Connecticut, and Riverkeeper Joint Motion to Amend the Scheduling Order for Responsive Pre-filed Submissions in Support of Contention NYS-38/TC-RK-5 were served electronically via the Electronic Information Exchange on the following recipients:
Lawrence G. McDade, Chair Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Richard.Wardwell@nrc.gov Michael F. Kennedy Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Michael.Kennedy@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738
2 Shelbie Lewman, Esq. Law Clerk Anne Siarnacki, Esq., Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov Anne.Siarnacki@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 hearingdocket@nrc.gov Sherwin E. Turk, Esq.
David E. Roth, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Anita Ghosh, Esq.
Joseph A. Lindell, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 sherwin.turk@nrc.gov david.roth@nrc.gov beth.mizuno@nrc.gov brian.harris@nrc.gov anita.ghosh@nrc.gov Joseph.Lindell@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Jonathan Rund, Esq.
Raphael Kuyler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com jrund@morganlewis.com rkuyler@morganlewis.com Martin J. ONeill, Esq.
Morgan, Lewis & Bockius LLP Suite 4000 1000 Louisiana Street Houston, TX 77002 martin.oneill@morganlewis.com
3 Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 rmeserve@cov.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 ezoli@goodwinprocter.com William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 wdennis@entergy.com 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 robert.snook@ct.gov Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.
Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 vob@bestweb.net Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria S. Treanor, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com vtreanor@sprlaw.com Michael J. Delaney, Esq.
Director Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov Manna Jo Greene, Director Karla Raimundi, Environmental Justice Associate Stephen Filler, Esq., Board Member Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 Mannajo@clearwater.org karla@clearwater.org stephenfiller@gmail.com
4 Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org dbrancato@riverkeeper.org Signed (electronically) by Kathryn M. Liberatore Assistant Attorney General State of New York (212) 416-8482 Dated at New York, New York this 24th day of August 2012