ML12240A675
| ML12240A675 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/27/2012 |
| From: | Roth D NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23365, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12240A675 (8) | |
Text
August 27, 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 ANSWER TO JOINT MOTION TO AMEND THE SCHEDULING ORDER FOR RESPONSIVE PRE-FILED SUBMISSIONS IN SUPPORT OF CONTENTION NYS-38/RK-TC-5 INTRODUCTION Pursuant to the 10 C.F.R. § 2.323(b) and the Atomic Safety and Licensing Boards (Boards) Scheduling Order, at ¶ G.5 (July 1, 2010) (unpublished), and Order (Denying New York's Motion for an Extension of Time), at 4 (Oct. 7, 2011) (unpublished), the Staff of the Nuclear Regulatory Commission ("Staff") hereby files this answer opposing the August 24, 2012 Joint Motion by State of New York, State of Connecticut, and Riverkeeper (together, "Movants")
to Amend the Scheduling Order for Responsive Pre-filed Submissions in Support of Contention NYS-38/RK-TC-5 (Motion).
The State of New York (New York) and Riverkeeper, Inc. (Riverkeeper) request an extension of time for the submission of optional rebuttal testimony, exhibits, and revised statement of position from August 30, 2012 to October 4, 2012. Motion at 1. The State of Connecticut (Connecticut) requests a similar extension for its optional filing on this contention as an interested state. Id. Entergy opposes the extension. Entergy's Answer Opposing Motion for Extension of Time (Aug. 27, 2012) (Entergy's Answer).
ARGUMENT The Staff opposes the extension to October 4 because of the potential to conflict with the upcoming hearing in New York. As the Staff explained to State of New York during consultation process which preceded the motion, The Board had allowed ten days (eight working days) for your rebuttal, such that it would be filed on August 30. From your e-mail, I understand that Dr. Lahey and Dr. Hopenfeld are unavailable for three and four of those eight business days, respectively. The Staff understands your need to change due dates to accommodate for these lost business days. However, the proposed date of October 4 is too near the start of the hearings, during which time the Staff will be very busy, and would not provide sufficient time for the Staff to review your rebuttal filings and file (if needed) any motions in limine. That would put an unfair burden on the Staff and could prejudice our right to file a motion in limine if needed. Thus, the Staff cannot support an extension to October 4. Still, in the interest of accommodating your needs, the Staff would be willing to consider a shorter extension, that does not unfairly result in the Staff having to review your rebuttal in the midst of final hearing preparations. The most I could agree to would be an extension until Monday, September 17.
E-mail from David Roth to Janice Dean, et. al, (Aug. 23, 2012).
Entergy provided six arguments in opposition to the Motion. Entergy Answer at 4-7.
First, Entergy asserted that deadlines have long been established. Id. at 4. The Staff agrees that potential conflicts should have been addressed sooner, and Movants do not explain why the conflicts were not previously resolved. Second, Entergy argues that the time addition is excessive. Id. The Staff agrees the 45 days for optional rebuttal filing is unwarranted and disproportionate. Third, Entergy argues, and the Staff agrees, that the proposed new filing date will preclude hearing Contention NYS-38/RK-TC-5 this year. See id. at 5. Fourth, Entergy argues that the claims in the Motion regarding the size of recent disclosures are misleading. Id.
at 5-6. Without taking a position on whether Movants are "misleading" with respect to recent
disclosures or total pages" filed1 or produced, the Staff agrees that the size of the filings made by Entergy and the Staff should have been anticipated based on the broad issues encompassed by Contention NYS-38/RK-TC-5. Fifth, Entergy argues, and the Staff agrees, that the extension is disproportionate to actual time the Movants' witness are unavailable. See id. at 6-
7.2 CONCLUSION
For the reasons set forth above, the Motion should be denied.
Respectfully submitted,
/Signed Electronically by/
David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov 1
Based on limited verification, the Staff determined that Movants undercounted the testimony filed by the Staff by about fifty pages.
2 The Staff takes no position on Entergy's sixth point regarding Entergy's past offers of alternative dates. See Entergy's Answer at 7.
CERTIFICATION OF COUNSEL I certify that I have made a sincere effort to make myself available to listen and respond to the moving party, and to resolve the factual and legal issues raised in the motion, and that my efforts to resolve the issues have been unsuccessful.
Respectfully submitted,
/Signed (electronically) by/
David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 27th day of August 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 ANSWER TO JOINT MOTION TO AMEND THE SCHEDULING ORDER FOR RESPONSIVE PRE-FILED SUBMISSIONS IN SUPPORT OF CONTENTION NYS-38/RK-TC-5, dated August 27, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 27th day of August, 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@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: Hearingdocket@nrc.gov
Dr. Michael F. Kennedy Anne Siarnacki, Esq.
Atomic Safety and Licensing Board Panel Shelbie Lewman, Esq.
Mail Stop - T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, D.C. 20555-0001 U. S, Nuclear Regulatory Commission E-mail: Michael.Kennedy@nrc.gov Washington, D.C. 20555-0001 E-Mail: Anne.Siarnacki@nrc.gov E-Mail: Shelbie.Lewman@nrc.gov Kathryn M. Sutton, Esq. John J. Sipos, Esq.
Paul M. Bessette, Esq. Charlie Donaldson, Esq.
Jonathan Rund, Esq. Assistants Attorney General Raphael Kuyler, Esq. New York State Department of Law Morgan, Lewis & Bockius, LLP Environmental Protection Bureau 1111 Pennsylvania Avenue, NW The Capitol Washington, D.C. 20004 Albany, NY 12224 E-mail: ksutton@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: pbessette@morganlewis.com E-mail: Charlie.Donaldson@ag.ny.gov E-mail: jrund@morganlewis.com E-mail: rkuyler@moganlewis.com Janice A. Dean, Esq.
Assistant Attorney General, Martin J. ONeill, Esq. Office of the Attorney General Morgan, Lewis & Bockius, LLP of the State of New York 1000 Louisiana Street, Suite 4000 120 Broadway, 25th Floor Houston, TX 77002 New York, NY 10271 E-mail: martin.o'neill@morganlewis.com E-mail: Janice.Dean@ag.ny.gov
Elise N. Zoli, Esq. John Louis Parker, Esq.
Goodwin Procter, LLP Office of General Counsel, Region 3 Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 02109 21 South Putt Corners Road E-mail: ezoli@goodwinprocter.com New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us William C. Dennis, Esq.
Assistant General Counsel Phillip Musegaas, Esq.
Entergy Nuclear Operations, Inc. Deborah Brancato, Esq.
440 Hamilton Avenue Riverkeeper, Inc.
White Plains, NY 10601 20 Secor Road E-mail: wdennis@entergy.com Ossining, NY 10562 E-mail: phillip@riverkeeper.org E-mail: dbrancato@riverkeeper.org Manna Jo Greene Karla Raimundi, Esq.
Hudson River Sloop Clearwater, Inc. Robert Snook, Esq.
724 Wolcott Avenue Office of the Attorney General Beacon, NY 12508 State of Connecticut E-mail: mannajo@clearwater.org 55 Elm Street E-mail: karla@clearwater.org P.O. Box 120 Hartford, CT 06141-0120 E-mail: robert.snook@ct.gov Bobby R. Burchfield, Esq. Dr. Richard A. Meserve, Esq.
Clint A. Carpenter, Esq. Matthew W. Swinehart, Esq.
Matthew M. Leland, Esq. Covington & Burling LLP McDermott Will & Emery LLP 1201 Pennsylvania Avenue, NW 600 Thirteenth Street, N.W. Washington, DC 20004-2401 Washington, D.C. 20005-3096 E-mail: rmeserve@cov.com E-mail: bburchfield@mwe.com E-mail: mswinehart@cov.com E-mail: ccarpenter@mwe.com E-mail: mleland@mwe.com
Sean Murray, Mayor Melissa-Jean Rotini, Esq.
Kevin Hay, Village Administrator Assistant County Attorney Village of Buchanan Office of Robert F. Meehan, Esq.
Municipal Building Westchester County Attorney Buchanan, NY 10511-1298 148 Martine Avenue, 6th Floor E-mail: vob@bestweb.net White Plains, NY 10601 E-mail: smurray@villageofbuchanan.com E-Mail: MJR1@westchestergov.com Administrator@villageofbuchanan.com Daniel Riesel, Esq.
Michael J. Delaney, Esq. Thomas F. Wood, Esq.
Director, Energy Regulatory Affairs Victoria S. Treanor, Esq.
New York City Department of Environmental Sive, Paget & Riesel, P.C.
Protection 460 Park Avenue 59-17 Junction Boulevard New York, NY 10022 Flushing, NY 11373 E-mail: driesel@sprlaw.com E-mail: mdelaney@dep.nyc.gov E-mail: vtreanor@sprlaw.com
/Signed Electronically by/
David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov