ML12269A439
| ML12269A439 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/24/2012 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 23510, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, NRC-1902 | |
| Download: ML12269A439 (73) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Indian Point Nuclear Generating Units 1 and 2 Docket Number: 50-247-LR and 50-286-LR ASLBP Number: 07-858-03-LR-BD01 Location: (teleconference)
Date: Monday, September 24, 2012 Work Order No.: NRC-1902 Pages 1193-1251 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1193 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +
4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 + + + + +
6 ---------------------------x 7 In the Matter of: : Docket Nos.
8 ENTERGY NUCLEAR : 50-247-LR 9 OPERATIONS, INC. : 50-286-LR 10 (Indian Point Nuclear : ASLBP No.
11 Generating Units 2 and 3) : 07-858-03-LR-BD01 12 ---------------------------x 13 Monday, September 24 2012 14 15 Teleconference 16 17 18 BEFORE:
19 LAWRENCE G. McDADE, Chair 20 RICHARD E. WARDWELL, Administrative Judge 21 MICHAEL F. KENNEDY, Administrative Judge 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1194 1 APPEARANCES:
2 On Behalf of Entergy Nuclear Operations, Inc.:
3 PAUL M. BESSETTE, ESQ.
4 KATHRYN M. SUTTON, ESQ.
5 of: Morgan, Lewis & Bockius LLP 6 1111 Pennsylvania Avenue, N.W.
7 Washington, DC 20004 8 (202) 739-5796 9 (202) 739-3001 (FAX) 10 11 WILLIAM B. GLEW, JR.
12 of: Entergy Nuclear Operations, Inc.
13 440 Hamilton Avenue 14 White Plains, NY 10601 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1195 1 On Behalf of the Nuclear Regulatory Commission:
2 SHERWIN E. TURK, ESQ.
3 BETH N. MIZUNO, ESQ.
4 DAVID E. ROTH, ESQ.
5 BRIAN HARRIS, ESQ.
6 ANITA GHOSH, ESQ.
7 JOSEPH LINDELL, ESQ.
8 MICHAEL WENTZEL 9 of: Office of the General Counsel 10 Mail Stop - O-15 D21 11 U.S. Nuclear Regulatory Commission 12 Washington, D.C. 20555-0001 13 (301) 415-3722 14 15 On Behalf of Riverkeeper 16 DEBORAH BRANCATO, ESQ.
17 PHILLIP MUSEGAAS, ESQ.
18 of: Riverkeeper, Inc.
19 20 Secor Road 20 Ossining, NY 10562 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1196 1 On Behalf of Clearwater 2 RICHARD WEBSTER, ESQ 3 MANNA JO GREENE, ENVIRONMENTAL DIRECTOR 4 KARLA RAIMUNDI 5 Hudson River Sloop Clearwater, Inc.
6 724 Wolcott Ave.
7 Beacon, NY 12508 8
9 On Behalf of the State of Connecticut 10 ROBERT D. SNOOK, ESQ.
11 Assistant Attorney General 12 of: Office of the Attorney General 13 State of Connecticut 14 55 Elm Street 15 P.O. Box 120 16 Hartford, CT 06141-0120 17 18 On Behalf of the State of New York 19 JANICE A. DEAN, ESQ.
20 LISA BURIANEK, ESQ.
21 Assistant Attorney General 22 of: Office of the Attorney General 23 of the State of New York 24 120 Broadway, 26th Floor 25 New York, NY 10271 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1197 1 On Behalf of the Town of Cortlandt 2 VICTORIA SHIAH TREANOR, ESQ.
3 ADAM STOLOROW, ESQ.
4 of: Sive, Paget & Riesel, P.C.
5 460 Park Avenue 6 New York, NY 10022 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1198 1 P R O C E E D I N G S 2 (11:09:43 a.m.)
3 CHAIR McDADE: This is Lawrence McDade.
4 We are here in the matter of Entergy Nuclear 5 Operations, Inc., Nuclear Point for Indian Point 6 Nuclear Generating Units 2 and 3, a proceeding 7 relating to the relicensing. It is ASLBP number 07-8 858-03.
9 What I wanted to do first of all is have 10 the parties identify themselves for the record. New 11 York State?
12 MS. DEAN: Yes, Your Honor. It's Janice 13 Dean and Lisa Burianek from Albany.
14 CHAIR McDADE: From Riverkeeper?
15 MS. BRANCATO: Good morning, Your Honor.
16 This is Deborah Brancato. I'm here with Philip 17 Musegaas from Riverkeeper.
18 CHAIR McDADE: And from Clearwater?
19 MS. GREENE: This is Manna Jo Greene, and 20 also on the call are Richard Webster and Karla 21 Raimundi from Clearwater.
22 CHAIR McDADE: Thank you. For Entergy?
23 MR. BESSETTE: This is Paul Bessette.
24 With me is Kathryn Sutton and Bill Glew.
25 CHAIR McDADE: For the NRC Staff?
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1199 1 MR. TURK: Good morning, Your Honors.
2 Sherwin Turk. With me are Brian Harris, Anita Ghosh, 3 Beth Mizuno, Joseph Lindell, David Roth, and Michael 4 Wentzel.
5 CHAIR McDADE: From the State of 6 Connecticut?
7 MR. SNOOK: This is Robert Snook.
8 CHAIR McDADE: From the Village of 9 Cortlandt?
10 MS. TREANOR: From the Town of Cortlandt, 11 this is Victoria Treanor. With me on the line is 12 Adam Stolorow.
13 CHAIR McDADE: Okay. Thank you. Is there 14 anyone yet on the line from Buchanan? Apparently 15 not. From Westchester County? Apparently not. And 16 from New York City? Apparently not.
17 What I want to do is go through some 18 administrative matters to make sure as we get ready 19 for the hearing we're all basically singing off the 20 same sheet of music, and that there are no 21 administrative matters that need to be addressed 22 that have not been.
23 First of all, we understand there are 24 several motions in limine pending. We will rule on 25 those motions in limine either at or before the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1200 1 hearing. With regard to one of the motions, Ms.
2 Dean, I had a question.
3 You sent a letter dated August 6th. In 4 that it talked about filing revisions to Contention 5 New York State 5, following resolution of the NRC 6 Staff's motion in limine. And at that time the State 7 will file a revised exhibit list addressing these 8 changes to New York 8, and changes if any to New 9 York 5. What's the status of that?
10 MS. DEAN: Well, we are waiting for the 11 Board to resolve those. We have no changes other 12 than those which might be necessitated by an adverse 13 finding on the motions in limine, Your Honor.
14 CHAIR McDADE: Okay. What we are going to 15 do is ask the parties to comment on the exhibit 16 list. What we are going to do and anticipate doing 17 is admitting all of the exhibits at the beginning of 18 the hearing on day one, noting any exceptions and 19 noting those exceptions on the record, and then 20 binding the exhibit list into the transcript.
21 To that end we would ask that no later 22 than close of business on Monday any of the parties 23 who desire file clerical objections. We're not 24 talking about substantive objections here, but just 25 any errors that you believe might be misleading, to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1201 1 give you some examples. For example, Riverkeeper 8.
2 It is listed on the exhibit list, but when you look 3 at the exhibit itself it's listed -- the stamp on 4 the top is Riverkeeper 1. Now, likewise, Riverkeeper 5 76 is stamped, or actually is 74 and is stamped as 6 76. Riverkeeper 90 is incorrectly described. It 7 talks about being data from the second quarter as 8 opposed to the third quarter.
9 New York has a description in New York 10 411. It references on the exhibit list that it's Dr.
11 Shepherd who is the relevant witness when actually 12 it's Dr. Pakhani. And I'm probably mispronouncing 13 his name. But, anyway, those are the kinds of 14 things, and those are just some examples.
15 Again, what we intend to do, I don't 16 think there's any confusion. When you look at the 17 list and you look at the exhibits what is there is 18 relatively clear. But what we intend to do is just 19 simply admit the exhibits off the list at the 20 beginning of the hearing. So, if any of the parties 21 or interested government entities has an objection 22 to that or to the descriptions of the exhibit in the 23 exhibit list not matching the exhibit you have until 24 close of business Monday to revise that.
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1202 1 that are out there. For example, we have not 2 resolved the issue with regard to New York 12. New 3 York 12 has three attachments to it. New York should 4 mark those attachments as exhibits and put them at 5 the end of the revised exhibit list. Likewise, 6 Clearwater 60 is still an issue to be resolved, 7 whether that is going to be excluded or not.
8 So, we should have exhibit lists with 9 all of the possible exhibits on them. And then at 10 the beginning of the hearing on the 15th if there 11 are exhibits that we are going to exclude we will 12 note them on the record with the transcript. Any 13 questions with regard to that?
14 MR. TURK: Your Honor, Sherwin Turk. You 15 said that by the close of business Monday we're to 16 file any clerical objections. Was that Monday, 17 October 15th?
18 CHAIR McDADE: No, that's a week from 19 today.
20 Okay. The next thing I wanted to mention 21 to the parties and to all of the participants is 22 seating is going to be limited. We were able to 23 secure the largest place available, but it certainly 24 is smaller than we would have hoped. So, let me 25 explain some of the realities given the venue that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1203 1 we're going to be in.
2 As it's currently situated, and the room 3 is not going to begin being set up until Sunday, the 4 14th, so we all are going to have to maintain a 5 degree of flexibility in this as the schematics 6 actually work out on the ground.
7 We anticipate for all of the parties 8 that there will be an 8-foot table at counsel table, 9 and for each of the Government entities a 6-foot 10 table. We hope but we are not certain given the 11 space available that you would be able to pull up 12 other chairs behind the tables so that more than 13 three or four counsel would be able to be right in 14 the well at the counsel table, but that's something 15 we are going to have to adjust to as we get there.
16 But again, given the space, given the number of 17 participants in this particular proceeding, as it is 18 currently situated we anticipate that the parties 19 will each have an 8-foot table and the Government 20 entities who are not parties will have a 6-foot 21 table.
22 On each of these tables there will be a 23 monitor so that as the exhibits are shown you will 24 be able to follow on that monitor. There will also 25 be two microphones on each one of the counsel table.
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1204 1 As far as other electricity, we are 2 hopeful that we would be able to have power strips 3 at least on every other table, but if you are going 4 to bring your laptops with you, understand that we 5 can't guarantee that power is going to be available, 6 so you should make sure that those laptops are fully 7 charged before you go in at the beginning of the 8 morning.
9 We also anticipate having a couple of 10 large screens so that as exhibits are shown, made 11 reference to, they will come up on the monitor on 12 your desk. They will also be shown to any of the 13 individuals who are in the room out in the seating.
14 Now, we asked for lists of people who 15 would be attending, and we anticipated that there 16 were going to be basically two groups, one that 17 would have preferred entry and the other that would 18 be sort of in the general population with people who 19 had a professional interest in the proceeding having 20 priority over people who were not actively involved 21 in the proceeding. Some of the lists seem somewhat 22 unwieldy, and given the limited size of the facility 23 simply can't be accommodated.
24 Obviously, any of the counsel who are 25 currently on the service list and were on the list NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1205 1 that you provided last week will be in the priority 2 area. Not all of them, perhaps, for some of you will 3 be able to be sitting directly at counsel table. We 4 are going to set aside a certain number of seats, 5 and at this point anticipate probably about 10 which 6 would include seating for any counsel on the service 7 list who we can't fit at the counsel table, 8 witnesses who are not testifying on that particular 9 contention, and then any other individuals that you 10 would want to have present who don't fit in either 11 of those first two categories, counsel on the 12 service list, witnesses not testifying on that 13 particular contention.
14 We would ask that you give us a list by 15 close of business Monday in an order of preference 16 so that we will be able in the event that those 17 seats are not taken, we'll be able to move other 18 people into them. And depending on the number of 19 people you have, whether or not we will be able to 20 expand the number of reserved seats beyond 10.
21 With regard to the interested Government 22 entities, we do not anticipate at this point having 23 seating specifically available for you. If there are 24 witnesses that you would intend or want to call you 25 need to inform us of that immediately, and by NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1206 1 immediately certainly no later than close of 2 business next Monday.
3 What we would anticipate doing for the 4 interested Government entities is setting aside a 5 limited number of seating for elected 6 representatives and their staffs. And we will 7 provide a phone number, a contact person with the 8 Legislative Affairs person at the Nuclear 9 Regulatory Commission so that if there are elected 10 representatives and their staffs who wish to take 11 advantage of that set aside seating, they should 12 inform us through the Congressional Legislative 13 Liaison as soon as possible.
14 Next, with regard to --
15 MR. BESSETTE: Judge McDade, this is Paul 16 Bessette. Do you mind if I ask a quick few 17 clarifying questions?
18 CHAIR McDADE: Sure.
19 MR. BESSETTE: With regard to the list of 20 priority, the 10 extra seats, I'm assuming that's 10 21 extra seats per party. Is that correct?
22 CHAIR McDADE: What we would anticipate 23 is that the parties to the litigation, Entergy and 24 the NRC Staff, New York, Riverkeeper, and 25 Clearwater. And we are not going to control that at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1207 1 all. It's basically up to you to designate who you 2 want. As I said, I mean, on that you may have 3 counsel on the service list, or counsel who have not 4 -- aren't going to fit up at the counsel table. As I 5 said, we're going to make whatever accommodations we 6 can within the constraints of the size of the 7 facility and the Fire Marshal, so people have access 8 and egress. But it would basically be, as I said, 9 witnesses not testifying on that particular 10 contention, and then anybody else that you would 11 designate.
12 MR. BESSETTE: And would it be 13 appropriate for us to, for instance, include a 14 separate list for each contention, because we will 15 have people rotating in and out depending on the 16 topic of the day.
17 CHAIR McDADE: Yes.
18 MR. BESSETTE: All right. Thank you, Your 19 Honor.
20 MS. DEAN: Judge McDade, this is Janice 21 Dean just following up on something you just said.
22 The State Service List is not necessarily indicative 23 of the parties who will be appearing at the hearing.
24 We do have -- I can think of one attorney on the 25 service list who will not likely appear at the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1208 1 hearing and probably two attorneys not currently on 2 the service list who may appear. Would you like us 3 to conform our service list with the list that we'll 4 be sending you by close of business on Monday with 5 new Notices of Appearance, et cetera?
6 CHAIR McDADE: The answer to that is yes 7 with one caveat. Remember, seating is going to be 8 very limited. When you look at an 8-foot table 9 there's, I think, room for three people comfortably 10 depending on how much elbow room people need. They 11 may be able to put more in there. But on the 8-foot 12 tables you know you can get three people, on the 6-13 foot tables you know you can get two. We may be able 14 to get more people there, and also people behind not 15 directly at the table. But, again, that's going to 16 depend on the spacing of these tables when we 17 actually get there on the ground.
18 So, as far as New York is concerned, New 19 York can specify who it wishes to be represented by, 20 but recognize that there is a numerical limit on 21 this, so if a number of new counsel are going to be 22 coming in at the last minute, they may not be able 23 to be accommodated.
24 MS. DEAN: Right. Just to clarify, we 25 like Entergy will have attorneys rotating in and out NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1209 1 day by day on different contentions, so we won't be 2 necessarily adding, rather more a rotation. And do 3 you know, will there be seats behind counsel's table 4 for audience members?
5 CHAIR McDADE: We are going to have at 6 this point --
7 (Telephone rings.)
8 CHAIR McDADE: There will be significant 9 seating for audience members, individuals who are 10 not parties or participants in this particular 11 litigation. What we would ask you to do and advise 12 your supporters is to tell them that seating is 13 going to be limited. And based on prior experience, 14 it generally seems that the first day is the day 15 when it is most likely to be crowded. By the fifth 16 or sixth day it seems unlikely that it will be 17 crowded. So, we anticipate that individuals who are 18 on your list who are participants in the litigation, 19 we will give access on the first day to them at 20 11:00 to get in and get set up, but on other days 21 where we're going to be starting at 9:00, give them 22 access at 8:00. But the public would be given access 23 at 12:30 on the first day, and 8:30 on subsequent 24 days. But there will be seating, we are trying to 25 get as many seats into the room, and it's sort of a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1210 1 balancing act. The more room we give counsel, the 2 less room we give to witness -- to spectators. But 3 we are trying to accommodate both. And, again, by 4 having some seating set aside for individuals 5 affiliated with the parties, we're also going to 6 have set aside for press, we're also going to have 7 set aside for elected representatives and their 8 staffs.
9 We are hopeful that that will leave in 10 excess of 100 seats for the public. We will try to 11 get as many as we can, but we would appreciate if, 12 number one, to those of you to tell your supporters 13 that the seating is limited so that we don't have a 14 significant number of disappointed people.
15 Also -- and, again, if they wish to 16 participate or wish to observe that probably after 17 the first day there will be more room available as 18 there will be fewer people who are seeking to secure 19 the limited number of seats that are available.
20 We would also appreciate it if you would 21 inform your advisors, and this will go in a press 22 release as we get closer to the proceeding that as 23 far as your supporters go, that they are not going 24 to be able to bring signs or placards into the 25 facility. And, also, that they will have to go NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1211 1 through security so that they should not, if at all 2 possible, carry bags into the facility because it 3 will delay their getting in because it will be 4 necessary for bags to be checked by the security 5 which will be provided by the local police 6 department there.
7 MR. TURK: Your Honor, Sherwin Turk.
8 Clarification, please?
9 CHAIR McDADE: Mr. Turk.
10 MR. TURK: You asked for this list again 11 by COB Monday. I take it that would be October 1st, 12 the same date that we make the other filing?
13 CHAIR McDADE: Correct.
14 MR. TURK: Okay. And also, I had 15 misunderstood. I think what you're asking us is for 16 the names of 10 people who would want to be at the 17 counsel table.
18 CHAIR McDADE: No.
19 MR. TURK: Or are you asking about other 20 members of the staff or other parties who would sit 21 in the audience close by in case they are needed?
22 CHAIR McDADE: We are trying to get --
23 accommodate as many people who are participants in 24 this proceeding as possible. As I indicated, that 25 for the NRC staff you will have a counsel table that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1212 1 will be 8-feet long. We anticipate that you will be 2 able to get at least three chairs up at that counsel 3 table. If at all possible and we could get more 4 chairs in given how this actually works out on the 5 ground when we get the room set up, we will try to 6 accommodate that.
7 To the degree that there are counsel of 8 record who can't fit at the counsel table, they can 9 sit in this reserved seating where each of the 10 parties, including the NRC Staff, will have a 11 limited number of reserved seats. At this point we 12 for planning purposes figure 10. If things work out 13 on the ground differently than we anticipate, that 14 number could be changed. But after counsel on the 15 service list, you can then choose who else, each one 16 of the participants can choose who else they're 17 going to make available those seats to. It can be 18 witnesses not testifying on that particular 19 contention. It can be other individuals associated 20 with your organization, whether it be a project 21 manager, whether it be a management official, 22 whether it be another attorney. What we're telling 23 you is the space is limited. We're setting aside 24 those additional seats, and you all will have to 25 decide your own priorities as to who is going to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1213 1 fill those.
2 And we would ask for a list with order 3 of preference. And, again, as was noted by New York 4 and Entergy, that can be a dynamic list as certain 5 people may be interested or important to be present 6 for certain contentions but not others. So, what we 7 are looking for is a list in order of preference 8 from you all. And, again, we understand that can 9 change, but what we just want to make sure is that 10 when we get close to this after those set aside 11 seats, anybody else is going to be out with the 12 general public and vying for the same number of 13 limited seats that are available for the general 14 public. Again, probably by the fourth day of the 15 proceeding, you will be able to very comfortable out 16 in the spectator area, but we anticipate on perhaps 17 the first day or two the spectator area might be 18 full, and the importance of those set aside seats 19 will be more significant.
20 MR. WEBSTER: Judge McDade, Richard 21 Webster here. I have a couple of questions. One is, 22 so for the -- I understand these 10 seats are for 23 the non-testifying witnesses. Do the testifying 24 witnesses sit at counsel table or will they have a 25 separate area?
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1214 1 CHAIR McDADE: They will be sitting in a 2 witness area.
3 MR. WEBSTER: Okay. And, secondly, will 4 WiFi be available in the room?
5 CHAIR McDADE: The answer is I don't 6 know. That is something we would suggest that you 7 contact the hotel on specifically with regard to the 8 availability of internet access or parking, that you 9 need to check with the hotel. Their number is 10 (914)631-5700, again (914) 631-5700.
11 What is going to be available at the 12 counsel table, as I said, feel free to bring your 13 laptops in and if you have the exhibits loaded on 14 those you will be able to call them up. We will have 15 on counsel table, and that includes the table for 16 each of the interested Government entities, as well, 17 in addition to two microphones, we will have a 18 monitor so that if one of the judges or one of the 19 counsel makes reference to an exhibit, our IT person 20 will pull up that exhibit. If we want to ask Mr.
21 Pekan about New York 411, we will reference that and 22 our IT person will call up Exhibit New York 411.
23 That will be on the monitor on counsel table. It 24 will also be on the screens available to the public.
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1215 1 said, we are hopeful that we will have power strips 2 available for everybody to plug in, but we can't 3 guarantee that at this point, so we urge everybody 4 to have their laptop fully charged before you come 5 in.
6 MS. DEAN: Judge McDade, this is Janice 7 Dean. That might answer my question. I did have a 8 question, if everyone -- if anyone was looking at 9 using Live Note or a similar transcript streaming 10 program it sounds like that may not be possible here 11 given the power uncertainties.
12 CHAIR McDADE: The answer is, Ms. Dean, I 13 wouldn't count on it. We are going to have -- we 14 will be bringing with us power strips so that they 15 will be available at counsel table, but the -- you 16 know, I guess given the fact that this involves a 17 power plant, the availability of how much 18 electricity actually can come into the room is 19 something that at this point in time we don't know, 20 so I wouldn't count on it.
21 Now, you raised the issue, Ms. Dean, of 22 transcripts. We are going to get transcripts but not 23 on a daily copy. We are just ordering a seven-day 24 turnaround on the transcripts. And that those 25 transcripts would then be entered in the record and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1216 1 would be available on -- through the NRC. But if 2 anybody wishes to get a quicker turnaround on the 3 transcript you need to make the arrangements 4 directly with the court reporter. That was sort of a 5 convoluted answer to a direct question, but did it 6 answer the direct question, Ms. Dean?
7 MS. DEAN: It did, indeed. Thank you so 8 much.
9 CHAIR McDADE: Okay. And I think I 10 mentioned with regard to the security that although 11 the room will be locked and there will be security, 12 because we're concerned with the audio visual 13 equipment that we're going to be bringing up, any 14 documents or equipment that you all have you can 15 feel free to leave it in the locked hearing room 16 overnight, but it is your responsibility. We can't 17 be responsible for it. If you want to take it out, 18 that's fine. And we will give you, as I said, a 19 reasonable period of time. You should be able to get 20 in there by 8:00 on all of the mornings with the 21 exception of the first morning which would be 11:00 22 in order to set up. So, on the first morning you'd 23 have two hours before the 1:00 hearing, and the 24 other is 8:00 for the regular hearings.
25 We should also note that over the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1217 1 weekend you will not be able to leave your equipment 2 in the room. We do not have the room over the 3 weekend. The hotel will be making other use of that 4 room on Saturday, so you need to plan on taking 5 whatever you bring with you out of the hearing room 6 at the conclusion of the hearing when we break for 7 the weekend.
8 Most days we anticipate we will break 9 about 6:00 p.m., although there's not anything magic 10 associated with that particular time. If we are 11 getting close to the end of an issue and we can 12 resolve it and allow the witnesses to go, we might 13 run a bit longer. If we finish up on a particular 14 issue a little bit before 6:00, we're not going to 15 drag in people just for a few minutes of testimony.
16 So, that's sort of a guideline.
17 With regard to lunch, we will be 18 breaking and you can anticipate, obviously, the 19 first day we're not going to break for lunch given 20 the fact that we're not starting until 1:00, but on 21 the other days we will be taking at least an hour 22 for lunch. Once we get up there and have a better 23 feel for what the surrounding area is and the 24 availability of food for people to come in and go 25 out, that may be adjusted, but you could at least NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1218 1 anticipate that we would be breaking for at least an 2 hour2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> for lunch.
3 Again, with regard to the internet 4 access and parking, that's something that you really 5 need to take up with the hotel, and I had previously 6 given you their phone number.
7 At this point in time as we go through 8 it, for New York, Ms. Dean, do you have any other 9 questions?
10 MS. DEAN: I do have a few, Your Honor, 11 if you don't mind. The State has obviously not 12 participated in one of these before. Could you tell 13 me, and I recognize some other parties may know 14 this, when the witnesses are testifying, or when 15 you're questioning the witnesses will you take 16 questions in order by party or will all the 17 witnesses for all the parties appear at the same 18 time with questions kind of piecemeal among all of 19 them?
20 CHAIR McDADE: Yes. We will not 21 necessarily be going in order of just simply, for 22 example, on a New York Contention all of New York's 23 witnesses up front. It may well be that there will 24 be something that a New York witness says that 25 clarifies in our mind what their position is that we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1219 1 would then want to turn to either staff or an 2 Entergy witness and have that commented on while it 3 is still fresh in everybody's minds, rather than 4 going through all of New York. And on each one of 5 these contentions, at least as we see it, there are 6 many issues involved in each one of the contentions.
7 And probably we're going to go through and satisfy 8 ourselves with regard to certain issues, and it may 9 require us to go from, for example, a New York 10 witness, to an Entergy witness, to a staff witness, 11 and then back to a New York witness. So, that we 12 anticipate that all of the witnesses on a particular 13 contention will be sworn at the same time, and that 14 they will be in the witness, I wouldn't use the term 15 "witness box," but at the witness tables, and we 16 will then be asking the questions of them.
17 The witness tables, just like counsel 18 tables, will also have monitors so that they will be 19 able to see the exhibits that we are referring to, 20 and microphones so that we, you, and the audience 21 will be able to hear them.
22 MS. DEAN: Okay, thank you. And two 23 questions regarding exhibits. If there are 24 documents, as there have been a number of moving 25 parts here, if there are exhibits which are --
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1220 1 documents which are exchanged between now and 2 October, will the Board allow parties to introduce 3 those. And, likewise, will the Board entertain new 4 exhibits at the hearing itself?
5 CHAIR McDADE: The answer to the first is 6 I don't know. It will depend on the nature of the 7 argument that you make for the relevance and why we 8 should consider the document. As far as exhibits 9 that come up during the course of the hearing, if 10 based on the questions that are asked you believe 11 you, New York, or any of the other participants 12 believe that there is a document that would clarify 13 matters after the Board has completed its 14 questioning of a witness, we would give an 15 opportunity for you to proffer any additional 16 exhibits that you would have.
17 Obviously, those can't be premarked the 18 way all of the exhibits to date have been premarked, 19 because at this point you simply don't know what is 20 going to be brought up by the testimony and what is 21 going to become relevant. But, yes, there will be a 22 procedure for receiving and admitting additional 23 exhibits if we believe they're relevant.
24 MS. DEAN: Okay, thank you. And in terms 25 of the Board's questioning of the witnesses, will NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1221 1 the Board wish for the witnesses to have their 2 testimony and reply testimony in front of them?
3 CHAIR McDADE: That's entirely up to 4 them. If they want to bring it, it might be helpful 5 for them. If they have particular things they want 6 to put notes on it, that's totally up to them. If we 7 have a specific question from our standpoint about a 8 witness' testimony, it will be possible for us to, 9 for example, call up New York Exhibit 6, the 10 testimony of, go specifically to a particular page 11 in that, and ask the witness about it. But if the 12 witness would feel more comfortable bringing their 13 own testimony with them or any notes that's going to 14 be fine. These individuals are testifying as expert 15 witnesses, and we are going to allow them ready 16 access to whatever documentation they feel would be 17 helpful to them in answering our questions in a 18 somewhat dynamic environment.
19 MS. DEAN: Okay, thank you. And three 20 quick questions, and then I'm all set. In terms of 21 logistics, the State is preparing exhibits in hard 22 copy per the order from the Board, and we just 23 wanted to clarify that the Board is looking only for 24 the exhibits for the October contentions at this 25 point?
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1222 1 CHAIR McDADE: Yes.
2 MS. DEAN: Okay. And --
3 CHAIR McDADE: Well, the October, the 10 4 Contentions listed on the order.
5 MS. DEAN: Right, i.e., not the December 6 ones. So, not 26 and 38 at this point.
7 CHAIR McDADE: Right, not 26 and 38.
8 MS. DEAN: Okay.
9 CHAIR McDADE: But as I said, it may well 10 be, as we get to it some of these contentions are 11 listed as the initial 10 may not wind up being heard 12 in October, and may flop into December. But what 13 we're talking about is those first 10 contentions.
14 MS. DEAN: Right. Okay.
15 MR. BESSETTE: Your Honor, this is Paul 16 Bessette. I didn't understand that last colloquy 17 with regard to hard copies, et cetera.
18 MS. DEAN: We have prepared, and I 19 believe the Board's scheduling order calls for us to 20 prepare or bring hard copies of all the exhibits. Am 21 I correct about that?
22 MR. BESSETTE: There is an order that 23 requires the parties to have a set of paper copies 24 of their exhibits available in case there's a 25 problem with the electronics.
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1223 1 MS. DEAN: Okay, right. And that was --
2 so, I was just clarifying, Paul, that we were only 3 looking for these 10 contentions, and not all of 4 them.
5 MR. BESSETTE: Right.
6 MS. DEAN: And that's mainly just -- so 7 we didn't end up there and find ourselves short of 8 something that somebody decided to refer to. So, it 9 sounds like we only have to have the documents 10 available for these contentions and not our full 11 list. Does that make sense?
12 CHAIR McDADE: Well, I don't know whether 13 it makes sense or not, but that's what the Board 14 intended.
15 MS. DEAN: Okay.
16 MR. TURK: Your Honor, I think the 17 confusion is that Ms. Dean referred to Contentions 18 38 and 26. Those are not scheduled whether for 19 December or any time. There are no hearing dates 20 scheduled for those yet.
21 MS. DEAN: That was my mistake, Sherwin.
22 CHAIR McDADE: They're not on Track One.
23 MS. DEAN: Right, sorry. I meant the 24 December contentions, whichever would be heard then.
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1224 1 right now are those 10 contentions that are listed.
2 And, again, we do not anticipate receiving the paper 3 copies of the exhibits. Those are intended only as a 4 backup heaven forbid that something goes wrong 5 electronically, which we do not anticipate. We think 6 we've got enough redundancy built into this, but in 7 the event that something does go wrong, we don't 8 want to have the whole process grind to a stop.
9 MS. DEAN: Yes, thank you. That was my 10 thought, as well. And then regarding the Board's 11 recent decision on cross-examination, will there be 12 a few moments for the State to consult with its 13 experts at the conclusion of the Board's 14 questioning?
15 CHAIR McDADE: I'm sure by the time the 16 Board finishes it's questioning we're all going to 17 need a break.
18 MS. DEAN: Okay. And then my final 19 question, and I appreciate your time, are we looking 20 at a bifurcated or trifurcated post hearing briefing 21 schedule matching up with the hearing, or looking at 22 one unified date later in 2013?
23 CHAIR McDADE: We have not decided that, 24 and I think to a very large degree it's going to 25 look at the schedule. We understand the difficulty NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1225 1 of trying to do several things at once, and whether 2 it makes sense to have the submission of proposed 3 Findings of Fact and Conclusions of Law based on 4 contentions that have been heard is sort of a 5 function of how things are running at the time.
6 I would anticipate that that's what we 7 would do, is to have Findings of Fact and 8 Conclusions of Law on those first 10 contentions 9 come in rather than waiting until the end. As we 10 schedule the hearing on the other contentions, if it 11 is clear that the Board is doing to be busy reading 12 testimony and studying those other contentions, 13 we're not going to be forcing people, and you are 14 preparing for those other hearing dates, we don't 15 want you to submit -- to go through Herculean 16 efforts to submit Findings of Fact and Conclusions 17 of Law if the Board isn't going to be able to 18 address them and sit down and study them.
19 At the same time, we don't want to be 20 left with a period where we're sort of looking for 21 things to do with regard to it. We've heard the 22 contentions, we've reviewed the transcripts, we're 23 waiting for your Findings of Fact and Conclusions of 24 Law with a hearing date for the other contentions 25 far down the road.
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1226 1 So, let just say, I would anticipate 2 that we probably will require the Findings of Fact 3 and Conclusions of Law on Contentions 1 through --
4 well, the first 10 contentions before we go to 5 hearing on the others, but that's going to be a 6 function of when we are able to schedule the 7 remainder of the hearings.
8 MS. DEAN: Okay, thank you. That 9 concludes the State's questions. I appreciate your 10 time. Thank you.
11 CHAIR McDADE: From Riverkeeper, any 12 other questions?
13 MS. BRANCATO: Yes, Your Honor, this is 14 Deborah Brancato. We understand from your September 15 14th order on administrative matters that the Board 16 has requested a short presentation from Entergy's 17 witness, Dr. Horowitz, in relation to Contention RK-18 TP-2 related to flow accelerated corrosion. We 19 wanted to respectfully inquire whether the Board 20 would be amenable to providing Riverkeeper's expert 21 witness, Dr. Hopenfeld, with a similar amount of 22 time to give a very brief presentation in order to 23 provide his perspective on CHECWORKS and how it's 24 used at Indian Point. We do believe that such an 25 opportunity would meaningfully add to the record for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1227 1 RK-TP-2, so we wanted to inquire about that.
2 CHAIR McDADE: Okay. I think that was 3 anticipated in order, that the other parties would 4 have the opportunity to briefly comment on that 5 description. And the only way that you would comment 6 to put it on the record would be through a witness, 7 so the amount of time is going to be a function of 8 we don't want to just sort of start with square one, 9 and the idea is not to just simply repeat the 10 prefiled testimony. But the Board thought that it 11 would be helpful to get on the record a very brief 12 overview of how that system was designed, how it's 13 supposed to work. And you would, of course, be given 14 a brief opportunity to have your expert explain and 15 highlight for the Board before we begin our 16 questions a different perspective.
17 MS. BRANCATO: Okay. And that kind of 18 leads to a second set of questions I had. We were 19 curious about how you envision our ability to 20 respond, so just for additional sake of clarity, 21 would you not be anticipating allowing the parties 22 to respond in writing, or it would be an oral 23 response only?
24 CHAIR McDADE: We would anticipate an 25 oral response that he will be there, your witness NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1228 1 will be there. I think your witnesses have an 2 opportunity to hear at whether it be Vermont Yankee 3 or elsewhere, a description of the system, and we 4 would anticipate immediately after the initial 5 presentation that he would then be given a 6 reasonable period of time again to give any 7 different perspective he has about the design or 8 operation of the system.
9 And, again, this doesn't replace his 10 testimony, and we will be asking him questions, just 11 as we will be asking Entergy's witness questions 12 during -- that's the whole raison d'etre for the 13 hearing.
14 MS. BRANCATO: Right. And I also wanted 15 to inquire, to the extent there are any presentation 16 materials similar to what the Board referred to in 17 its September 14th order from the Vermont Yankee 18 proceedings, are those materials that could be 19 provided before the commencement of the hearing on 20 the 15th?
21 CHAIR McDADE: Well if, for example, 22 Entergy is going to make reference to documents, 23 those documents should be marked as an exhibit and 24 furnished to the parties as well as the Board. And, 25 likewise, if Dr. Hopenfeld has specific, a specific NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1229 1 document that he would want to make reference to 2 during the course of explaining his perspective, 3 Riverkeeper should mark that as an exhibit and 4 furnish that to the other parties and the Board.
5 MS. BRANCATO: Okay. Thank you, Your 6 Honor. Those are all the questions that Riverkeeper 7 had. Thank you, appreciate your time.
8 CHAIR McDADE: For Clearwater?
9 MR. WEBSTER: Yes, Your Honor, Richard 10 Webster here. Our main question relates to a 11 Spanish-speaking witness, Dolores Delgado, and 12 whether -- what's the best logistical way of getting 13 her testimony and questioning done given that she 14 has a relatively poor command of English. And, 15 therefore, we would prefer that she is questioned in 16 Spanish.
17 CHAIR McDADE: Yes. I believe that --
18 well, I don't know that she'll be questioned in 19 Spanish given the fluency of the members of the 20 Board, but as we indicated, I think when that issue 21 was originally raised, the Board will arrange for a 22 certified court interpreter so that just as in any 23 other court proceeding, we will be asking any 24 questions in English, the translator will translate 25 those into Spanish for your witness, and then repeat NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1230 1 back the answers in English for the Board and for 2 the record.
3 MR. WEBSTER: Thank you very much.
4 CHAIR McDADE: That's a responsibility of 5 the Board to provide a translator, and we've only 6 been advised of the one witness. And we also 7 anticipate that that contention, given the schedule, 8 is going to come on toward the end of the 9 proceeding, so we're not going to have the 10 translator there every day, but will arrange to have 11 a translator there when we do reach that contention.
12 MR. WEBSTER: Okay. And that actually 13 brings me to my second question, which is I think 14 there was a procedure for -- we're going to have two 15 contentions on deck at each time. So, I'm assuming 16 the Board will -- will the parties just appraise 17 themselves of what progress we're making each day?
18 CHAIR McDADE: I think it's going to be 19 very difficult to give you a very clear guide right 20 now as to what contention we're going to be hearing 21 on any particular day. I think the first day is a 22 half day, the second day is a full day. We are 23 hopeful of getting through those first two 24 contentions on that Monday and Tuesday. After that, 25 it's just really a function of how long the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1231 1 questioning takes. It may well be that after a few 2 questions everything becomes clear in the mind of 3 the Board, and we will be able to move very quickly, 4 or it may take us a while to make sure that we fully 5 understand the positions of the parties and the 6 issues. But, as I said, at this point we would 7 anticipate on that first Monday afternoon and 8 Tuesday, we're hopeful of getting through the first 9 two contentions. And what we would do at the end of 10 each hearing day is advise the parties where we 11 think we are, where we're hopeful of getting to the 12 following day, so that you could make sure that you 13 have the appropriate witnesses available. It won't 14 be necessary for, for example, a witness that isn't 15 going to be heard until the following Monday to be 16 there for every day of the hearing unless they 17 wanted to be. So, hopefully, we can give people an 18 appropriate level of advance warning, and again 19 would anticipate at the end of each session before 20 we break for the evening to sort of discuss where we 21 are, how much ground we've covered, and what we 22 anticipate covering the following day, or days.
23 MR. WEBSTER: All right. Thank you, 24 Judge.
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1232 1 Turk. May I follow-up on that question for a moment?
2 As the Board knows, the Staff has 18 witnesses 3 scheduled for Track One contentions. That's -- we 4 also have six different attorneys, each of whom was 5 assigned to one, two, or three contentions. Together 6 we have something like 26 or 27 people who will be 7 sitting waiting for their turn to be called. It 8 imposes a great burden on each of these individuals, 9 and is costly to the government, as well, for each 10 of those people to have to be sitting around waiting 11 for their turn, not knowing even if they'll be 12 called that week, rather than the following the 13 week, or not until a week in December. So, I was 14 really hoping that it might be possible now for the 15 Board to say okay, in week one we will cover, or we 16 hope to cover, for instance, these four contentions.
17 And one contention may be a shoulder contention 18 where we may not reach it that week, we may not 19 start it until the following week, but that's what 20 we plan for the first week. That would help 21 tremendously with everyone's schedule, and with the 22 cost, which as you can imagine for 27 people, each 23 of them being paid for an entire day's work and 24 being paid to travel and stay at a hotel for an 25 indefinite period of time is very onerous. So, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1233 1 would hope that the Board might be able to look at 2 the schedule and give us a little clearer indication 3 per week of which contentions are likely to be heard 4 that week.
5 CHAIR McDADE: Unfortunately, Mr. Turk, 6 we're not. I think the detail that I just gave is 7 about all the detail we can give at this particular 8 point in time. Starting off on Monday and Tuesday, 9 we're hopeful to get through the first two 10 contentions. It may well be once we start asking 11 questions that the answers are very clarifying in 12 nature, and we will be able to go through our 13 questioning of the witnesses very rapidly. It may 14 well be as we get into those questions that things 15 become in the short term less clear, so it isn't 16 really possible at this point to -- you know, 17 clairvoyance is not one of the attributes that we 18 possess.
19 I anticipate, as I said, on Monday and 20 Tuesday we will be getting hopefully through those 21 first two contentions on the list. We had made 22 representation to New York that Dr. Shepherd, who is 23 testifying on the third and fourth contentions would 24 not be needed until Wednesday. I think you can 25 reasonably anticipate, and Clearwater can reasonably NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1234 1 anticipate that the Environmental Justice contention 2 is not going to be heard the first week because it's 3 the last contention on the list.
4 But at this point in time, what we are 5 hopeful of doing is moving ahead with all deliberate 6 speed and at the end of each day addressing where we 7 are, how far we've proceeded, and what we don't want 8 to do, given the fact that everybody is out of town, 9 that we have the hearing facility for a limited 10 window, is to have a contention that we hear on 11 Wednesday morning, have everything clarified for the 12 Board, and we wind up finishing up with that 13 contention at 11:00 in the morning, and not have the 14 witnesses for the next contention available until 15 the following day. But I think we will have a better 16 idea, I think that the staff can reasonably 17 anticipate that their Environmental Justice 18 contention is not going to be heard the first week.
19 But what we are going to do is to take one after the 20 other seriatim starting at 9:00 in the morning, 21 taking a reasonable lunch break, reasonable breaks 22 during the day, and ending on or about 6:00 each 23 night. The last thing we're going to do before we 24 break is to discuss where we are, and the 25 scheduling.
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1235 1 So, as I said, if you have witnesses or 2 attorneys who are going to handle Environmental 3 Justice, if they choose to show up on the 15th or 4 the 16th, that's certainly -- you can choose for 5 that to be the case, but you can reasonably 6 anticipate that they're not going to be called.
7 Other than that, I don't think I can give any 8 further guidance. Anything further, Mr. Turk?
9 MR. TURK: Yes, Your Honor. This is going 10 to a different issue, but it ties into the 11 discussion we just had. Your Honor, the Board's 12 order of last Friday declaring that New York will 13 have the right to cross-examine, frankly, caught us 14 by surprise. And it leads to considerable confusion 15 on my part as to what to expect in the upcoming 16 hearing. And if I may address that for a moment?
17 I had the personal experience of being 18 involved in several proceedings prior to the 19 adoption of the current Subpart L in which extensive 20 cross-examination was conducted by Interveners, and 21 in particular the Attorneys General of states who 22 participated in those hearings. For instance, I was 23 involved in the hearings on the Seabrook Operating 24 License Application, in which the Commonwealth of 25 Massachusetts participated. I was involved in the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1236 1 Shoreham briefly, in which the State of New York and 2 Suffolk County were involved. I was involved 3 extensively in the Private Fuel Storage proceeding 4 in which the State of Utah was involved as an 5 Intervener. Cross-examination went weeks, in fact it 6 went months.
7 The Board's order inviting New York 8 State to conduct cross-examination leaves me totally 9 confused as to what to expect for this proceeding. I 10 understand that --
11 CHAIR McDADE: Mr. Turk, let me cut it 12 off at this point. It won't go weeks, it won't go 13 months. This is somewhat different. It is a Subpart 14 L proceeding. The Board is going to be the generator 15 of questions. It's not that the parties are going to 16 put on the case and the other parties are going to 17 cross-examine. The Board's going to be asking 18 questions.
19 I could say that I am hopeful that the 20 Board will be so thorough in asking its questions 21 that none of the parties will feel any need or 22 desire to ask any additional questions because 23 everything will have been covered. On the off chance 24 that counsel for New York, or Riverkeeper, or 25 Clearwater, or Entergy, or the NRC Staff, or anyone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1237 1 else feels that the Board has missed something given 2 the highly technical nature of the contentions, they 3 will be given a reasonable opportunity to 4 interrogate the witnesses with the understanding 5 that repetitive cross-examination, repetitive 6 examination will not be allowed.
7 MR. TURK: Is it possible for the Board 8 to say that there will be some time limit imposed on 9 each party who may wish to conduct cross-10 examination, such as 30 minutes, or 60 minutes per 11 contention, so that we know going in what the limits 12 are?
13 CHAIR McDADE: No. It is going to be a 14 function if -- and at this point the only party that 15 submitted a request to do examination is New York, 16 nobody else has. Entergy hasn't, the NRC Staff 17 hasn't, Clearwater hasn't, Riverkeeper hasn't. At 18 this point, the only one who has made the request 19 and filed the motion is New York.
20 And as far as the length of time that it 21 takes, if New York begins and all the questions they 22 have have already been asked and answered by the 23 Board, and it's just simply a regurgitation of what 24 has already been asked, the examination will last 25 only a matter of moments.
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1238 1 On the other hand, if New York is able 2 to identify areas that the Board missed and we find 3 the questions that they ask and the answers that 4 they are receiving expand our knowledge and 5 understanding, are not repetitive, then we will 6 allow it to continue. And we're not going to limit 7 it to a specific five minute, ten minute, twenty 8 minute. Based on my experience in litigation, when 9 judges tend to do that, the witnesses sometimes tend 10 to go into Dean Smith's old four corners defense, 11 and people don't get very responsive answers.
12 As I said, if the questions that are 13 being asked by counsel for New York are repetitive, 14 we are going to cut it off. If they are not relevant 15 to the issues as we understand them, we are going to 16 cut it off. On the other hand, if the Board feels 17 that we are learning something, then we will go 18 ahead and allow, again, a reasonable interrogation 19 of the witness. But that is not an open-ended, that 20 isn't ask anything you want if you're curious. And, 21 I guess, the only other description is wondering how 22 it is going to work, is you'll see how it works 23 starting on the 15th.
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1239 1 for the purpose of developing the record, as the 2 Board's order indicates. New York asked for it 3 simply as a statutory right in its view.
4 MS. DEAN: Your Honor, this is Janice 5 Dean from the State. I was --
6 CHAIR McDADE: Ms. Dean, I don't need to 7 hear from you on this. I think the Board's order was 8 clear. If, Ms. Dean, you have a different 9 understanding of what is being allowed of New York 10 other than what I just described, if you could state 11 that briefly.
12 MS. DEAN: No, the State's understanding 13 is just as Your Honor just described.
14 CHAIR McDADE: Thank you.
15 MR. TURK: Your Honor, one other point on 16 this. What -- in normal circumstances when cross-17 examination is permitted, the party whose witness 18 was examined has the right to conduct redirect 19 examination. Will you afford that right to people if 20 we deem it necessary at the time?
21 CHAIR McDADE: If you -- if the party 22 making the request makes a sufficiently compelling 23 request. I mean, it's impossible for me to say right 24 now, Mr. Turk, because as I said, it may well be 25 that New York's cross-examination either is so NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1240 1 limited because they're satisfied the Board covered 2 everything, that there's no need or benefit to be 3 derived from anything further. On the other hand, in 4 the event New York brings something forward in their 5 examination of a witness that in order for the Board 6 to be satisfied that it fully understands the issue, 7 it doesn't make sense for us if you have a witness 8 available who can explain it, as opposed to it 9 lasting months before we get further pleadings down 10 the road.
11 Now, anticipate that that opportunity 12 may be available, but at this point in time -- and, 13 again, if that were made available it would have the 14 same caveat as the cross-examination. It wouldn't be 15 okay, let's start over again with the direct 16 testimony. It would be answering specific things 17 that were brought out by the parties.
18 Now, we have not yet decided, and 19 something that the Board -- well, let me -- probably 20 I should discuss this with the other Board members.
21 And we will give you further guidance on this later, 22 but in my mind, I had anticipated giving parties a 23 reasonable opportunity after the Board had completed 24 its questioning, if there were certain matters that 25 you believe were confused to make a case for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1241 1 eliciting additional testimony. But it wouldn't be 2 open-ended, it would be for a particular point. We 3 would like to address X based on what the Board has 4 asked, and the question is whether it would make 5 more sense to do it that way or to have a written 6 submission after the hearing when you had a chance 7 to look at it. We will get that -- cross that bridge 8 when we get there.
9 Does Entergy have anything further?
10 MR. BESSETTE: Yes, Your Honor, just a 11 couple of things. With regard, you said no other 12 party requested opportunity for cross-examination, 13 and I -- the motion New York filed, and I don't want 14 to reargue any part of it, was not under Subpart L, 15 and we had no consultation for any motion under 16 Subpart L, so we had no notice that there was a 17 motion for cross-examination being filed any party 18 under the Board's guidance.
19 In addition, in our answer to New York's 20 motion we requested reciprocal rights for cross-21 examination should the Board be granted, so I'm a 22 bit confused on the Board's statement that no other 23 party has requested it.
24 CHAIR McDADE: No other party requested 25 cross-examination. We viewed the motion filed by New NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1242 1 York, plus the questions that were submitted in 2 camera by New York as constituting a valid cross-3 examination plan.
4 As I indicated, what I envision and will 5 discuss this further with my colleagues, is that 6 after the Board has had the opportunity to ask 7 questions, and we've satisfied ourselves that we 8 have plowed the ground that we believe needed to --
9 (Cough.)
10 CHAIR McDADE: -- that you would then 11 have an opportunity to request without having to 12 file a written motion either to supplement the 13 record then and there through oral testimony or 14 supplement the record thereafter in writing.
15 MR. BESSETTE: But, Your Honor, that does 16 not -- and I'm sorry to be a bit confused, but are 17 you saying we do not have the same equal rights as 18 New York State on cross-examination?
19 CHAIR McDADE: What I'm saying is New 20 York filed a motion that we granted. And what I 21 anticipate is that after the Board has finished its 22 questions of a witness, before everybody moves on to 23 the next, we would ask, in this case Entergy has an 24 interest in every one of the contentions, as does 25 the NRC Staff, whether or not they had a desire to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1243 1 supplement the record. And then we could discuss the 2 areas that you would like to supplement the record 3 in, and whether or not that could be done most 4 efficiently by having a witness answer some 5 questions that you would put to him, or for you to 6 do that in writing after you've had a chance to 7 fully read the transcript. Again, with the idea 8 being that if questions were allowed they would not 9 be repetitive, and wouldn't be just going over the 10 same ground as the Board. But, in any event, that's 11 something we will give you -- exactly how we're 12 going to handle that, the Board will discuss among 13 ourselves and advise you. But I think that gives you 14 some guidance of what to be prepared for.
15 MR. BESSETTE: And we appreciate that, 16 Your Honor, and I don't mean to be cagey, but we are 17 continuing to review with the client our -- the 18 Board's order and with regard to our legal rights 19 with regard to the proceedings as outlined for the 20 Board, which we candidly believe is somewhat 21 inequitable. But we'll move on to other issues.
22 With regard to the flow accelerated 23 corrosion presentation, we have to alert the Board 24 that Dr. Horowitz over the last year has been 25 suffering a medical condition wherein he tires NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1244 1 easily and has difficulty speaking for long periods 2 of time. So, we're going to be asking our other flow 3 accelerated corrosion expert, Rob Aleksick, to be 4 assisting Dr. Horowitz in that presentation just to 5 accommodate his medical needs. And we're assuming 6 that would not be a problem with the Board?
7 CHAIR McDADE: I do not anticipate it.
8 Again, I don't anticipate that Dr. Horowitz' 9 presentation is going to be all that long. But if 10 during the course of the questioning of Dr. Horowitz 11 he needs a break or someone needs to fill in for 12 him, certainly, we will accommodate to the degree 13 practicable his physical and medical condition.
14 You know, we do want to hear from Dr.
15 Horowitz because he has a sort of pivotal role in 16 this, so to the degree -- I don't know whether the 17 other substitute witness would be able to answer the 18 kinds of questions that we would have for Dr.
19 Horowitz but we will just have to deal with that at 20 the time. If he needs a break but we feel we need 21 the answers from him, we will allow him to take a 22 break and perhaps can move on to another witness 23 while he takes a break.
24 MR. BESSETTE: And we appreciate that, 25 Your Honor. We just wanted to alert you so that we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1245 1 didn't have to raise any issues in front of a large 2 audience.
3 CHAIR McDADE: Let me ask before we go 4 on, I anticipate that this status conference will 5 only last another few minutes. If it's going to last 6 a whole lot longer, then we might want to consider 7 taking a break for a few minutes. But we've gone 8 through with most of the parties here, Entergy, Mr.
9 Bessette, do you have a whole lot more or are you 10 almost done? And, again, if you have a whole lot 11 more that's fine. I don't want to cut you off, but I 12 just want to know whether or not we should take a 13 break, or just continue on and get this done.
14 MR. BESSETTE: Your Honor, I only have a 15 few other points. I can't speak for the other 16 parties. I'll just march through.
17 With regard to Your Honor's notion, I 18 mean statement with regard to entering new exhibits 19 on the record, we have a list of probably 10 20 exhibits or documents that were issued since our 21 testimony. Would it be easier for the Board if we 22 submitted those in advance?
23 CHAIR McDADE: Yes.
24 MR. BESSETTE: Okay, we'll do so, and 25 we'll just submit them to the Board as proposed NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1246 1 exhibits.
2 Also, is this hearing going to be 3 webcast?
4 CHAIR McDADE: No.
5 MR. BESSETTE: Okay. And I know this is 6 somewhat water under the bridge, but with regard to 7 Riverkeeper's, I mean Clearwater's Spanish-speaking 8 witness --
9 CHAIR McDADE: By the way, just as an 10 aside, I mean, that's something that we have looked 11 into, and as it turned out both because of cost 12 issues and others, it's not going to be practicable.
13 And at this point we've been told --
14 (Audio difficulty.)
15 MR. BESSETTE: Thank you, Your Honor.
16 And, again, with regard to Riverkeeper's Spanish-17 speaking witness, we just kind of want to again 18 provide our objection that we believe the entire 19 testimony relates to Emergency Planning Adequacy.
20 And to the extent we could simplify this hearing, we 21 again offer that for the Board's consideration.
22 MR. WEBSTER: Your Honor, Mr. Bessette 23 has made that motion, it's been denied, so I really 24 think it's inappropriate for him to make it twice.
25 CHAIR McDADE: And just as an aside, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1247 1 mean, as we go through the various witnesses, there 2 are some that we will have more questions for than 3 others, there are some people who have been listed 4 as witnesses that we aren't going to have any 5 questions of, or very few questions. But what we 6 have said is that for a witness to testify who does 7 need an interpreter, it will be the burden on the 8 Board to make sure that a qualified certified 9 interpreter is available to answer. And, again, the 10 witnesses aren't giving a free form expose. They're 11 answering specific questions from the Board, so that 12 any particular witness' testimony may be very brief.
13 Anything further, Mr. Bessette?
14 MR. BESSETTE: Yes, Your Honor. Just 15 going back to cross-examination, would the Board --
16 is the Board saying any other party who requests 17 that would have to file its own motion?
18 CHAIR McDADE: I'm suggesting that it 19 would be done orally, that you wouldn't have to go 20 through the burden of filing something that we would 21 then have to read, that we would just simply do it 22 on the record there orally.
23 MR. BESSETTE: Thank you, Your Honor. We 24 have no further questions or comments.
25 MS. TREANOR: Your Honor, this is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1248 1 Victoria Treanor from the Town or Cortlandt. I just 2 had two very quick questions.
3 CHAIR McDADE: Yes?
4 MS. TREANOR: First being, would the 5 Board be able to provide the contact information of 6 the court reporter who will be recording the 7 proceedings so we can get in touch with them with 8 regard to daily transcripts?
9 Second question which is somewhat 10 related is the Town may not be able to attend on all 11 days of the proceeding, and I was wondering if the 12 Board would consider emailing a summary of -- it's 13 oral summary which it provides at the end of the 14 evening to the participants so that we may have some 15 sort of notice of what's on deck for the next day.
16 CHAIR McDADE: I don't think that would 17 be a problem, that we would be able to send a brief 18 email to any of the participants who aren't present 19 of who we anticipate calling as witnesses, what 20 contentions we're going to cover.
21 With regard to the court reporter, you 22 should already have that information from the 23 transcripts that have been furnished to you earlier.
24 It's Neal Gross and Company is the court reporter, 25 and their contact information is on the transcripts.
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1249 1 They're also on the NRC website.
2 MS. TREANOR: Thank you very much, Your 3 Honor.
4 CHAIR McDADE: Okay. Anything further?
5 MR. TURK: Yes, Your Honor, for the 6 Staff. Coming back to the cross-examination order 7 from the Board.
8 CHAIR McDADE: Okay. Before we get 9 started on this, Mr. Turk, how long do you 10 anticipate, whether or not we should take like a 5-11 minute break in place before we get started with 12 this? If you have just one question that's going to 13 take 30 seconds --
14 MR. TURK: I have three -- my speaking 15 time will be about a minute and a half.
16 CHAIR McDADE: Let's go, let's get it 17 done.
18 MR. TURK: Okay. The Board has previously 19 asked the parties whether we want daily copies or 20 not, indicated that the copies would be made 21 available on an eight to ten day basis. If we're 22 going to have cross-examination, we may need to look 23 at a daily transcript. Is it possible that a daily 24 copy will be available?
25 CHAIR McDADE: From the Board's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1250 1 standpoint, we did not believe the additional 2 expense to get a daily copy was warranted. That 3 said, if anybody else wants a daily copy and the 4 expense associated with it, that's not the Board's 5 concern. We're ordering and paying for the seven-day 6 turnaround, but that does not preclude anybody else, 7 and I know the Staff as far as your arrangements of 8 how you go about ordering transcripts, if the Staff 9 feels that they want -- believes that it's in the 10 Government's interest to spend the money for daily 11 transcript, the Staff can initiate that. Likewise, 12 any of the other parties. We're just saying from the 13 standpoint of what the Board has initiated, and what 14 we thought was prudent for what was needed and 15 financially, that's what we arranged.
16 MR. TURK: Second, Your Honor, on the 17 question of redirect and, indeed, rebuttal, oral 18 testimony usually produces statements that aren't as 19 crisp or as clear as we would have liked to have 20 presented them. It happens from time to time that we 21 need to make corrections. It also happens that 22 another witness may say something on the stand that 23 we may feel a need to rebut that information. Will 24 you make an opportunity available to parties to do 25 that?
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1251 1 CHAIR McDADE: We would make the 2 opportunity available for you to request that 3 opportunity. And depending on the nature of the case 4 that you make for it -- again, what it's not going 5 to be is just an opportunity to regurgitate what's 6 already come in, but if you make a case for 7 clarifying we will certainly entertain that.
8 Anything else, Mr. Turk?
9 MR. TURK: No, Your Honor.
10 CHAIR McDADE: Anything from any of the 11 other participants?
12 MS. DEAN: No, Your Honor, thank you.
13 CHAIR McDADE: Okay. That being the case, 14 this status conference is closed. We will hear from 15 you all in writing by a week from today, and we will 16 see you all two weeks from today. Thank you.
17 (Whereupon, the proceedings went off the 18 record at 12:23:15 p.m.)
19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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Page 1253 1201:20 1202:10 1233:1 1234:12 1236:1 1239:11 1205:4 1213:4,6 check 1214:9 1204:7 1236:14,20 bring 1204:4 1219:8 1240:24 checked 1211:4 begins 1237:21 1237:1,7,23 1210:24 1214:12 certainly 1202:23 CHECWORKS Behalf 1194:2 1238:2,16 1240:1 1217:5 1221:4 1206:1 1235:4 1226:23 1195:1,15 1196:1 1240:5,19,20,23 1222:20 1244:12 1251:7 choose 1212:15,16 1196:9,18 1197:1 1241:3,21 1242:6 bringing 1215:14 certified 1229:22 1235:3,4 believe 1200:25 1242:21 1243:10 1216:13 1221:12 1247:8 circumstances 1220:10,12,23 1243:12,20,23 brings 1230:13 cetera 1208:5 1239:16 1222:19 1226:24 1244:6 1245:21 1240:4 1222:17 City 1199:16 1229:17 1240:25 1245:25 1247:8 Broadway 1196:24 Chair 1193:19 clairvoyance 1242:8 1243:20 1247:11,15,16 brought 1220:20 1198:3,14,18,22 1233:17 1246:18 1250:1 1248:5,12 1249:7 1240:17 1198:25 1199:5,8 Clarification believes 1250:9 1249:18 1250:13 Buchanan 1199:14 1199:13 1200:14 1211:8 benefit 1240:2 Board's 1220:25 built 1224:6 1202:18 1206:18 clarified 1234:11 Bessette 1194:3 1222:19 1224:10 burden 1232:8 1206:22 1207:17 clarifies 1218:25 1198:23,23 1224:13 1235:11 1247:7,20 1208:6 1209:5,8 clarify 1208:24 1206:15,16,19 1236:7,17 1239:2 Burianek 1196:20 1211:9,13,18,22 1220:12 1221:23 1207:12,18 1239:7 1241:18 1198:13 1214:1,5 1215:12 clarifying 1206:17 1222:15,16,22 1241:22 1243:18 business 1200:22 1216:9 1218:20 1223:2 1233:11 1223:5 1241:10 1246:21 1249:25 1201:24 1202:15 1220:5 1221:3 1251:7 1242:15 1243:15 1250:4 1205:15 1206:2 1222:1,3,7,9 clarity 1227:20 1244:24 1245:9 Bockius 1194:5 1208:4 1223:12,22,25 clear 1201:18 1245:14,24 box 1196:15 busy 1225:11 1224:15,23 1225:11 1230:19 1246:5,15,22 1219:15 1226:11 1227:2 1231:2 1233:15 1247:13,14,23 Brancato 1195:16 C 1227:24 1228:21 1239:8 1250:19 best 1229:12 1198:15,16 C 1198:1 1229:8,17 1230:4 clearer 1233:2 Beth 1195:3 1199:3 1226:13,14 cagey 1243:16 1230:18 1233:5 Clearwater 1196:1 better 1217:22 1227:17 1228:14 call 1198:20 1236:11 1237:13 1196:5 1198:18 1234:15 1229:5 1205:24 1214:14 1239:6,14,21 1198:21 1202:6 beyond 1205:20 break 1217:6,8,19 1214:22 1221:9 1241:24 1242:10 1206:25 1229:8 bifurcated 1224:20 1224:17 1231:20 called 1232:7,12 1242:19 1244:7 1233:25 1236:25 Bill 1198:24 1234:21,24 1235:6 1245:3,23 1246:4 1237:17 binding 1200:20 1244:11,20,22,23 calling 1248:19 1246:9,25 Clearwater's bit 1217:13,14 1245:7,13 calls 1222:19 1247:18 1248:3 1246:7 1241:22 1242:16 1249:11 camera 1242:2 1248:16 1249:4,8 clerical 1200:23 Board 1193:4 breaking 1217:18 candidly 1243:20 1249:16,25 1202:16 1200:11 1220:2,3 1218:1 carry 1211:2 1251:1,10,13 client 1243:17 1220:13 1221:1 breaks 1234:21 case 1211:21 chairs 1203:12 close 1200:22 1221:22,23 Brian 1195:5 1222:24 1235:5 1212:2,4 1201:24 1202:15 1223:13 1224:16 1199:2 1236:16 1240:25 chance 1236:23 1205:15 1206:1 1225:11,17 bridge 1241:7 1242:23 1251:3,6 1241:6 1243:6 1208:4 1211:21 1226:15,19 1246:6 1251:13 change 1213:9 1213:10 1217:11 1227:10,15 brief 1226:22 categories 1205:11 changed 1212:14 closed 1251:14 1228:16,24 1227:11,14 caught 1235:13 changes 1200:8,8 closer 1210:22 1229:4,20,21 1247:12 1248:17 caveat 1208:7 1200:11 COB 1211:11 1230:1,5,16 briefing 1224:20 1240:14 charged 1204:7 colleagues 1242:5 1231:3 1232:2,15 briefly 1227:4 certain 1203:10 1215:4 colloquy 1222:16 Neal R. Gross & Co., Inc.
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Page 1254 come 1204:11 1242:16 copies 1222:17,20 covering 1231:22 1213:14,17 1215:4,18 confusion 1201:16 1222:23 1224:3 crisp 1250:19 1217:19 1230:10 1217:24 1220:9 1223:17 1235:14 1249:19,20 cross 1237:9 1230:17,21,21,22 1225:9 1230:8 Congressional copy 1215:23 1239:16 1241:7 1230:22,22 1251:6 1206:12 1221:22 1249:24 1241:20 1242:2 1231:10,12,16,22 comfortable Connecticut 1250:2,3 cross-examination 1234:6,15,22 1213:15 1221:12 1196:9,13 1199:6 corners 1238:10 1224:11 1235:20 1248:15 1249:21 comfortably consider 1220:8 correct 1206:21 1236:5,8 1237:5 days 1209:20,24 1208:9 1245:6 1248:12 1211:13 1222:21 1238:25 1239:25 1217:8,21 coming 1208:22 considerable corrections 1240:14 1241:12 1231:22 1248:11 1249:6 1235:14 1250:21 1241:17,25 day's 1232:23 command 1229:14 consideration corrosion 1226:18 1242:18 1247:15 DC 1194:7 commencement 1246:21 1243:23 1244:3 1249:6,22 deal 1244:19 1228:19 constituting 1242:2 Cortlandt 1197:1 cross-examine Dean 1196:19 comment 1200:15 constraints 1207:6 1199:9,10 1248:1 1235:13 1236:17 1198:12,13 1227:4,5 consult 1224:12 cost 1232:22 crowded 1209:15 1200:2,10 commented 1219:2 consultation 1246:11 1209:17 1207:20,21 comments 1247:24 1241:15 costly 1232:9 CT 1196:16 1208:24 1215:6,7 Commission contact 1206:7 Cough 1242:9 curious 1227:19 1215:12,21 1193:2 1195:1,11 1214:7 1248:5,25 counsel 1195:9 1238:20 1216:6,7 1218:8 1206:9 contention 1200:4 1203:8,13,14,25 current 1235:19 1218:10 1219:22 Commonwealth 1205:9,13 1204:24 1205:3,6 currently 1203:2 1220:24 1221:19 1235:24 1207:10,14 1205:7,11 1207:3 1203:18 1204:25 1222:2,5,8,14,18 Company 1248:24 1212:19 1218:22 1207:3,4 1208:21 1208:1 1223:1,6,15,17,21 compelling 1219:13 1226:17 1210:1 1211:17 cut 1236:11 1223:23 1224:9 1239:22 1230:7,11,20 1211:25 1212:2,7 1238:14,16 1224:18 1226:8 completed 1220:13 1232:17,17 1212:8,14 1245:11 1238:10 1239:4,5 1240:23 1234:1,3,10,13,14 1213:24 1214:12 1239:6,8,12 concern 1250:5 1234:18 1237:11 1214:15,19,23 D 1251:12 concerned 1208:18 contentions 1209:1 1215:15 1219:17 D 1196:10 1198:1 Deborah 1195:16 1216:12 1213:6 1219:5,6 1236:24 1238:13 daily 1215:23 1198:16 1226:14 concludes 1226:9 1221:24 1222:4 counsel's 1209:3 1248:8 1249:19 December 1222:5 conclusion 1217:6 1222:10,13 count 1215:13,20 1249:23,23 1222:12 1223:19 1224:13 1223:3,10,17,24 County 1199:15 1250:2,3,10 1223:24 1232:13 Conclusions 1224:1 1225:4,8 1236:2 data 1201:7 decide 1212:25 1225:3,8,16,23 1225:10,12,22,24 couple 1204:9 date 1211:12 decided 1223:8 1226:3 1226:3,4 1230:15 1213:21 1241:11 1220:18 1224:22 1224:23 1240:18 condition 1243:25 1230:24 1231:9 course 1220:9 1225:24 decision 1224:11 1244:13 1232:3,5,16 1227:13 1229:2 dated 1200:3 deck 1230:15 conduct 1236:8 1233:3,10,21,23 1244:10 dates 1223:19 1248:15 1237:9 1239:18 1237:2 1242:24 court 1216:4 1225:14 declaring 1235:12 conducted 1235:20 1248:20 1229:22,23 David 1195:4 deem 1239:20 conference 1245:4 continue 1238:6 1248:6,21,24 1199:3 defense 1238:10 1251:14 1245:13 cover 1232:15,16 day 1200:18 degree 1203:5 conform 1208:3 continuing 1243:17 1248:20 1207:16 1209:1,1 1212:7 1224:24 confused 1236:9 control 1206:25 covered 1231:21 1209:14,14,16,19 1244:12,16 1240:25 1241:22 convoluted 1216:5 1236:23 1240:1 1209:23 1210:17 delay 1211:3 Neal R. Gross & Co., Inc.
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Page 1255 Delgado 1229:11 document 1220:8 email 1248:18 event 1205:16 1238:4 deliberate 1234:5 1220:12 1229:1 emailing 1248:12 1224:7 1240:4 expect 1235:15 denied 1246:23 documentation Emergency 1243:10 1236:9 department 1211:6 1221:16 1246:19 everybody 1215:2 expense 1250:2,4 depend 1208:16 documents 1216:14 English 1229:14,24 1215:3 1234:8 experience 1209:13 1220:6 1219:24 1220:1 1230:1 1242:22 1235:17 1238:8 depending 1205:18 1223:9 1228:22 entered 1215:25 everybody's 1219:3 expert 1221:14 1207:15 1208:10 1228:23 1245:20 Entergy 1193:8 everyone's 1232:21 1226:20 1227:14 1251:3 doing 1200:16 1194:2,12 1198:4 exactly 1243:11 1244:3 derived 1240:3 1206:3 1225:11 1198:22 1206:23 examination experts 1224:13 described 1201:6 1234:5 1208:25 1213:4 1237:6,10,15,24 explain 1202:25 1239:10,13 Dolores 1229:11 1219:2,10 1239:17,19 1227:14 1240:8 description 1201:9 Dr 1201:10,12 1228:22 1236:25 1240:5 1241:21 explaining 1229:2 1227:5 1228:3 1226:17,21 1237:16 1241:9 1242:3 expose 1247:10 1238:21 1228:25 1233:22 1242:23 1245:8 examined 1239:18 extensive 1235:19 descriptions 1243:24 1244:4,8 Entergy's 1226:16 example 1201:1 extensively 1236:3 1201:22 1244:10,14,18 1228:11 1202:1 1218:22 extent 1228:15 design 1228:7 drag 1217:15 entering 1245:18 1219:9 1221:9 1246:20 designate 1207:1 dynamic 1213:4 entertain 1220:3 1228:21 1231:14 extra 1206:20,21 1207:11 1221:18 1251:7 examples 1201:1 designed 1227:12 d'etre 1228:12 entire 1232:23 1201:14 F desire 1200:23 D.C 1195:12 1246:18 exception 1216:21 F 1193:21 1236:22 1242:25 D21 1195:10 entirely 1221:3 exceptions 1200:18 facility 1204:22 desk 1204:12 entities 1201:21 1200:19 1207:7 1210:25 detail 1233:6,7 E 1203:9,20 excess 1210:10 1211:2 1234:9 developing 1239:1 E 1193:20 1195:2,4 1205:22 1206:4 exchanged 1220:1 fact 1215:16 different 1209:1 1198:1,1 1214:16 exclude 1202:11 1217:20 1225:3,7 1227:16 1228:7 earlier 1248:23 entry 1204:17 excluded 1202:7 1225:16,23 1232:4 1235:10 easier 1245:21 environment exhibit 1200:7,15 1226:2 1234:8 1236:13 1239:8 easily 1244:1 1221:18 1200:20 1201:2,3 1236:5 differently 1212:13 efficiently 1243:4 Environmental 1201:10,22,23,23 far 1204:1 1208:18 difficult 1230:19 efforts 1225:16 1196:3 1234:1,17 1202:5,8 1214:19 1210:23 1220:8 difficulty 1224:25 egress 1207:8 1235:2 1214:20,22 1225:25 1234:7 1244:1 1246:14 eight 1249:21 envision 1227:19 1221:9 1228:23 1237:20 1250:7 direct 1216:5,6 either 1199:25 1242:4 1229:3 FAX 1194:9 1240:15 1205:10 1219:1 equal 1242:17 exhibits 1200:17 feel 1214:12 directly 1205:3 1239:25 1242:12 equipment 1216:13 1201:17,19 1216:15 1217:23 1208:15 1216:4 elbow 1208:10 1216:14 1217:1 1202:4,9,11 1221:12,16 DIRECTOR elected 1206:5,9 errors 1200:25 1203:23 1204:10 1236:21 1244:20 1196:3 1210:7 ESQ 1194:3,4 1214:13 1219:19 1250:23 disappointed electricity 1204:1 1195:2,3,4,5,6,7 1219:23,25 feels 1237:1 1210:14 1215:18 1195:16,17 1220:4,8,16,18,23 1238:16 1250:9 discuss 1231:20 electronically 1196:2,10,19,20 1221:21,24 fewer 1210:18 1234:24 1240:20 1224:5 1197:2,3 1222:20,24 fifth 1209:15 1242:5 1243:1,12 electronics 1222:25 et 1208:5 1222:17 1224:3 1245:18 figure 1212:12 discussion 1235:11 eliciting 1241:1 evening 1231:20 1245:20 1246:1 file 1200:7,23 Docket 1193:7 Elm 1196:14 1248:14 expand 1205:20 1202:16 1242:12 Neal R. Gross & Co., Inc.
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Page 1256 1247:17 1234:15 getting 1211:3 1209:5,13,21 guarantee 1204:5 filed 1237:19 follow-up 1232:1 1217:11 1229:12 1210:5,6,23 1215:3 1241:13,17,25 food 1217:24 1230:23 1231:8 1212:17,25 guess 1215:16 1242:20 foot 1208:13 1231:11 1233:20 1213:11 1214:11 1238:21 filing 1200:4 forbid 1224:4 Ghosh 1195:6 1215:13,22 guidance 1235:8 1211:12 1247:20 forcing 1225:13 1199:2 1216:13 1217:14 1240:21 1241:18 fill 1213:1 1244:11 form 1247:10 give 1201:1 1217:19 1218:21 1243:14 final 1224:18 forward 1240:4 1205:14 1209:19 1219:4,7 1220:20 guide 1230:19 financially 1250:15 four 1203:13 1209:21 1210:1,2 1220:21 1221:13 guideline 1217:16 find 1223:7 1238:2 1232:16 1238:10 1216:18 1220:14 1221:15 1224:16 finding 1200:13 fourth 1213:14 1226:22 1228:6 1224:24 1225:13 H Findings 1225:3,7 1233:23 1230:19 1231:17 1225:17 1226:5 half 1230:22 1225:16,23 frankly 1235:13 1233:2,7 1235:7 1227:7 1228:22 1249:15 1226:2 free 1214:12 1240:21 1243:11 1230:8,9,14,18,20 Hamilton 1194:13 fine 1216:18 1216:15 1247:10 given 1202:25 1231:15 1234:2 hand 1238:1,16 1221:14 1245:11 fresh 1219:3 1203:10,16,16 1234:18,19,23 1240:3 finish 1217:13 Friday 1235:12 1204:22 1209:22 1235:2,6,9 handle 1235:2 finished 1242:21 front 1218:23 1212:4 1215:11 1236:14,15,16,17 1243:12 finishes 1224:16 1221:2 1245:1 1215:16 1217:19 1237:11,13 happens 1250:20 finishing 1234:12 Fuel 1236:3 1218:6 1227:13 1238:6,14,15,22 1250:21 Fire 1207:7 full 1213:18 1228:5 1229:13 1243:9,12 1244:2 hard 1221:21 first 1198:9 1223:10 1230:22 1229:19 1230:7 1244:9 1245:5 1222:17,20 1199:23 1205:11 fully 1204:6 1215:4 1234:8 1237:1,3 1246:2,12 1247:4 Harris 1195:5 1209:14,19,23 1231:4 1240:6 gives 1243:13 1247:15 1248:20 1199:2 1210:17 1213:17 1243:7 giving 1240:22 1249:12,22 Hartford 1196:16 1216:21,22 function 1225:5 1247:10 1251:4 hear 1219:21 1217:19 1220:5 1226:6 1227:7 Glew 1194:11 Good 1198:15 1228:2 1234:10 1222:13 1225:8 1230:25 1237:14 1198:24 1199:1 1239:7 1244:14 1226:4 1230:21 furnish 1229:4 go 1199:17 1204:7 government 1251:14 1230:23 1231:7,8 furnished 1228:24 1210:21,23,25 1201:21 1203:9 heard 1222:11 1232:20 1233:9 1248:23 1217:12,24 1203:19 1205:21 1223:24 1225:4 1233:21 1234:2 further 1235:8,8 1218:7 1219:7,9 1206:4 1214:16 1225:21 1231:15 1234:18 1248:4 1240:3,9,21 1221:10 1224:7 1232:9 1233:3 1234:2,18 fit 1205:7,10 1241:9 1242:5 1225:15 1226:4 Government's hearing 1199:19 1207:4 1212:8 1247:13,24 1233:12 1236:12 1250:10 1200:1,18 five 1238:7 1249:4 1236:12 1238:10 granted 1241:21 1201:20 1202:10 flexibility 1203:5 1238:17 1245:3 1242:20 1207:23 1208:1 Floor 1196:24 G 1247:1,19 great 1232:8 1216:15,23 flop 1222:12 G 1193:19 1198:1 1249:16 1250:8 Greene 1196:3 1217:5,6 1220:4,9 flow 1226:18 general 1195:9 goes 1224:4 1198:19,19 1223:19 1224:20 1243:22 1244:2 1196:11,12,21,22 going 1200:14,16 grind 1224:8 1224:21 1225:10 fluency 1229:19 1204:18 1213:12 1202:7,11,22 Gross 1248:24 1225:14,24 follow 1203:24 1213:13 1235:21 1203:1,3,4,15 ground 1203:6 1226:5 1228:13 following 1200:5 generally 1209:14 1204:3,5,16 1208:17 1212:5 1228:19 1230:20 1207:21 1231:12 Generating 1205:4 1206:25 1212:13 1231:21 1231:10,16 1231:15,22 1193:11 1198:6 1207:4,5 1208:7 1242:8 1243:10 1234:9 1235:16 1232:12,19 generator 1236:14 1208:15,21 groups 1204:16 1241:6 1246:2,20 Neal R. Gross & Co., Inc.
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Page 1261 relatively 1201:18 responsible 1212:5 1214:4 1213:11,13,18,22 1231:25 1229:14 1216:17 1215:18 1216:11 second 1201:7 she'll 1229:18 release 1210:22 responsive 1238:11 1216:15 1217:2,2 1227:18 1230:13 SHIAH 1197:2 relevance 1220:7 review 1243:17 1217:4,5 1230:22 1248:9 Shoreham 1236:1 relevant 1201:11 reviewed 1225:22 rotating 1207:15 1250:16 short 1223:7 1220:21,23 revise 1201:24 1208:25 secondly 1214:3 1226:16 1233:15 1238:14 revised 1200:7 rotation 1209:2 seconds 1249:13 shoulder 1232:17 relicensing 1198:7 1202:5 Roth 1195:4 Secor 1195:19 show 1235:3 remainder 1226:7 revisions 1200:4 1199:3 secure 1202:23 shown 1203:23 Remember 1208:7 Richard 1193:20 rule 1199:24 1210:18 1204:10,12 repeat 1227:9 1196:2 1198:20 run 1217:13 security 1211:1,4 significant 1209:8 1229:25 1213:20 1229:9 running 1225:5 1216:10,11 1210:14 1213:19 repetitive 1237:5,5 Riesel 1197:4 see 1219:5,19 signs 1210:24 1238:5,13 1243:9 right 1203:13 S 1238:22 1251:16 similar 1215:9 replace 1228:9 1207:18 1208:24 S 1198:1 seeking 1210:18 1226:21 1228:16 reply 1221:2 1222:5,7,14 SAFETY 1193:4 send 1248:17 simplify 1246:20 reporter 1216:4 1223:1,5,23 sake 1227:20 sending 1208:4 simply 1201:19 1248:6,21,24 1224:1 1228:14 satisfied 1240:1,6 sense 1223:11,13 1204:23 1218:21 representation 1230:19 1231:23 1242:7 1225:2 1240:7 1220:19 1227:9 1233:22 1235:13 1239:3 satisfy 1219:7 1241:5 1237:23 1239:3 representatives 1239:18,19,23 Saturday 1217:4 sent 1200:3 1247:21 1206:6,10 1210:7 rights 1241:20 saying 1242:17,19 separate 1207:14 singing 1199:19 represented 1242:17 1243:18 1247:16 1250:12 1213:25 sit 1211:20 1212:9 1208:19 rings 1209:7 says 1218:24 September 1193:13 1213:24 1225:18 request 1237:15,18 River 1196:5 schedule 1224:21 1226:14 1228:17 sitting 1205:3 1239:22,23 Riverkeeper 1224:25 1225:10 seriatim 1234:20 1214:1 1232:7,10 1242:11 1251:2 1195:15,18 1226:6 1230:7 service 1204:25 situated 1203:2,18 requested 1226:16 1198:14,17 1232:21 1233:2 1205:6,12 1207:3 Sive 1197:4 1241:12,20,23,24 1201:1,4,4,6 scheduled 1223:18 1207:22,25 six 1232:4 requests 1247:16 1206:24 1226:11 1223:20 1232:3 1208:2,3 1212:15 sixth 1209:16 require 1219:9 1229:3,6 1236:24 scheduling 1222:19 session 1231:19 size 1204:22 1207:6 1226:2 1237:17 1234:25 set 1203:3 1205:4 Sloop 1196:5 requires 1222:23 Riverkeeper's schematics 1203:5 1206:11 1209:20 smaller 1202:24 reserved 1205:20 1226:20 1246:7 screens 1204:10 1210:4,6,7 1212:5 Smith's 1238:10 1212:9,11 1246:16 1214:24 1213:10,18 Snook 1196:10 resolution 1200:5 RK 1226:17 Seabrook 1235:23 1216:22 1221:20 1199:7,7 resolve 1200:11 RK-TP-2 1227:1 seating 1202:22 1222:23 1227:18 somebody 1223:8 1217:12 road 1195:19 1204:13 1205:6 setting 1206:4 somewhat 1204:21 resolved 1202:2,6 1225:25 1240:10 1205:23 1206:5 1212:23 1221:18 1236:13 respectfully Rob 1244:3 1206:11 1208:7 seven-day 1215:23 1243:20 1246:6 1226:19 Robert 1196:10 1209:9,12,24 1250:5 1248:9 respond 1227:20 1199:7 1210:4,13 1212:9 sheet 1199:20 soon 1206:13 1227:22 role 1244:15 seats 1205:4,17,20 Shepherd 1201:11 sorry 1223:23 response 1227:23 room 1203:2 1206:20,21 1233:22 1242:16 1227:25 1204:13 1208:9 1209:3,25 Sherwin 1195:2 sort 1204:18 responsibility 1208:10 1209:25 1210:10,19 1199:2 1202:14 1209:25 1216:4 1216:16 1230:4 1210:1,2,17 1212:11,17,24 1211:7 1223:21 1217:16 1225:4 Neal R. Gross & Co., Inc.
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Page 1262 1225:20 1227:8 1232:19 1233:10 1200:24 1245:12 1249:10 thing 1202:20 1231:20 1244:15 1240:15 substitute 1244:17 1249:13 1234:23 1248:15 started 1249:9,11 suffering 1243:25 taken 1205:17 things 1201:14 sounds 1215:10 starting 1209:21 sufficiently takes 1231:1 1212:12 1221:5 1223:9 1217:20 1233:8 1239:22 1237:21 1244:23 1225:1,5,21 space 1203:11,16 1234:20 1238:23 Suffolk 1236:2 talked 1200:4 1233:14 1240:16 1212:23 state 1196:9,13,18 suggest 1214:6 talking 1200:24 1241:11 spacing 1208:16 1196:23 1198:11 suggesting 1247:18 1222:13 1223:25 think 1201:16 Spanish 1229:16 1199:5 1200:5,6 summary 1248:12 talks 1201:7 1207:24 1208:9 1229:19,25 1207:22 1218:11 1248:13 technical 1237:2 1211:15 1216:9 1246:16 1221:21 1224:12 Sunday 1203:3 Teleconference 1223:16 1224:5 Spanish-speaking 1236:1,4,8 1239:5 supplement 1193:15 1224:24 1227:2 1229:11 1246:7 1239:10 1242:18 1242:12,14 Telephone 1209:7 1228:1 1229:20 speak 1245:15 statement 1241:22 1243:1,2 tell 1209:12 1230:13,18,21 speaking 1244:1 1245:18 supporters 1209:12 1210:12 1218:12 1231:11 1233:6 1246:17 1249:14 statements 1250:18 1210:12,23 telling 1212:22 1233:24 1234:15 specific 1221:7 states 1193:1 supposed 1227:13 ten 1238:7 1249:21 1234:16 1235:7 1228:25,25 1235:21 sure 1199:18 tend 1238:9,9 1239:7 1243:13 1238:7 1240:16 State's 1226:9 1204:6 1206:18 term 1219:14 1246:24 1248:16 1247:11 1239:12 1213:9 1224:15 1233:15 third 1201:8 specifically status 1200:9 1231:4,12 1247:8 terms 1220:24 1233:23 1205:23 1214:7 1245:4 1251:14 surprise 1235:14 1221:20 thorough 1236:20 1221:10 statutory 1239:3 surrounding testify 1247:6 thought 1224:10 specify 1208:19 stay 1232:24 1217:23 testifying 1205:8 1227:10 1250:14 spectator 1213:16 Stolorow 1197:3 Sutton 1194:4 1205:12 1207:9 three 1202:3 1213:17 1199:12 1198:24 1212:18 1213:23 1203:13 1208:9 spectators 1210:2 stop 1195:10 sworn 1219:13 1218:14 1221:14 1208:12 1212:2 speed 1234:6 1224:8 system 1227:12 1233:23 1221:19 1232:5 spend 1250:10 Storage 1236:3 1228:3,8 testimony 1217:15 1249:14 square 1227:8 streaming 1215:9 1220:20 1221:2,2 ties 1235:10 staff 1198:25 Street 1196:14 T 1221:8,10,13 time 1200:6 1206:24 1211:20 strips 1204:2 table 1203:8,8,10 1225:12 1227:10 1215:19 1216:19 1211:25 1212:10 1215:1,14 1203:14,19,21,25 1228:10 1229:13 1217:10 1218:7 1219:1,10 1232:2 study 1225:18 1204:3 1205:3,7 1240:16 1241:1 1218:18 1219:13 1234:16 1236:25 studying 1225:12 1207:4 1208:8,15 1242:13 1245:21 1223:19 1224:15 1237:16 1242:25 submission 1225:2 1209:3 1211:17 1246:19 1247:12 1224:19 1225:5 1249:6 1250:7,8 1241:6 1211:25 1212:3,8 1250:18 1225:19 1226:10 1250:11 submit 1225:15,16 1213:24 1214:12 thank 1198:22 1226:22 1227:7 staffs 1206:6,10 1245:25 1214:15,15,23 1199:13 1207:18 1228:6 1229:7 1210:8 submitted 1237:15 1215:15 1216:7 1219:22 1230:15 1232:25 Staff's 1200:6 1242:1 1245:22 tables 1203:12,22 1220:24 1221:19 1233:8 1234:4 stamp 1201:3 Subpart 1235:19 1208:12,13,16 1224:9 1226:8,10 1237:8,20 stamped 1201:5,5 1236:13 1241:14 1219:15,17,18 1229:5,7 1230:3 1239:20 1240:12 stand 1250:22 1241:16 take 1206:10 1231:23 1239:14 1244:2,20 standpoint 1221:7 subsequent 1211:11 1216:17 1246:15 1247:23 1249:15 1250:20 1250:1,13 1209:23 1218:5,15 1231:4 1249:2 1251:12 1250:20 start 1227:8 substantive 1234:19 1244:21 1251:16 tires 1243:25 Neal R. Gross & Co., Inc.
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