ML12275A510
| ML12275A510 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/18/2012 |
| From: | Liberatore K State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23554, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, NYS-12C | |
| Download: ML12275A510 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
x In re:
Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
September 18, 2012
x DECLARATION OF KATHRYN M. LIBERATORE IN SUPPORT OF THE STATE OF NEW YORKS MOTION FOR LEAVE TO FILE AN ADDITIONAL EXHIBIT AND ADDITIONAL CROSS-EXAMINATION QUESTIONS CONCERNING CONSOLIDATED CONTENTION NYS-12C Pursuant to 28 U.S.C. § 1746, Kathryn M. Liberatore hereby declares as follows:
- 1.
I serve as an Assistant Attorney General for the State of New York, counsel for petitioner-intervenor State of New York in this proceeding. I submit this declaration and in support of the State of New Yorks Motion for Leave to File Additional Exhibit and Cross-Examination Questions Concerning NYS-12C.
- 2.
On September 5, 2012, the Nuclear Regulatory Commission (NRC) issued a media advisory announcing that it would hold a meeting on September 11, 2012 to discuss economic consequences of reactor accidents.
- 3.
In preparation for the September 11 meeting, I reviewed SECY-12-0110, Consideration of Economic Consequences within the U.S. Nuclear Regulatory Commissions Regulatory Framework (Aug. 14, 2012) (ML12173A479), and its Enclosure 9, titled MELCOR Accident Consequence Code System, Version 2 (MACCS2) (ML12173A5091).
- 4.
In reviewing SECY-12-0110 - Enclosure 9, I noticed a discussion of MACCS2 NYS000442 Submitted: October 1, 2012
2 inputs that related the States arguments in NYS-12C:
It is not obvious to current MACCS2 experts at both the NRC and Sandia National Laboratories (SNL) that rehabilitation and clean up, land contamination area, or economic models and results are excessively conservative. Economic results and some land contamination area results are controlled by user inputs and could be biased to be either conservative or nonconservative, depending on the input values selected by the user.
SECY-12-0110 - Enclosure 9 at 2. The document also discusses a new and alternative economic model for MACCS2 [that] is under development.... based on the existing Regional Economic Accounting Tool (REAcct), which SNL developed for the U.S. Department of Homeland Security (DHS). SECY-12-0110 - Enclosure 9 at 7. This was the first time I had heard of REAcct.
- 5.
On the evening of September 10, 2012, in further preparation for the September 11 meeting, I conducted some searches on the NRCs Agencywide Documents Access and Management System (ADAMS). One of the searches I performed was search within the Content Search tab using the terms MACCS2 and REAcct in the Document Content field.
This search returned two documents: (1) SECY-12-0110 - Enclosure 9, and (2) E-mail from C.
Ader, NRO to M. Johnson, NRO:
Subject:
FW: Action YT-2011-0003: Request Parallel Concurrence on Document: Agency Long-Term Research Activities for Fiscal Year 2013 (ML12024A077).
- 6.
Upon reviewing the NRC email chain and attachment (FY13 Long-Term Research Plan) in ML12024A077, I realized that it contradicts positions Staff and Entergy have taken in this proceeding regarding the Sample Problem A inputs to the MACCS2 code.
- 7.
From time to time throughout this proceeding I, along with others at the Office of the Attorney General, have conducted searches on ADAMS using terms relevant to the various
3 admitted contentions and other issues of interest. I submit that to my knowledge neither I nor my colleagues have previously located and reviewed the FY13 Long-Term Research Plan through ADAMS searches.
- 8.
Upon reviewing the document properties in ADAMS for ML12024A077, the FY13 Long-Term Research Plan, I learned that the document date is January 19, 2011, the date to be released is January 6, 2012, and the date added is January 26, 2012. Thus, the document properties information indicate that the document was placed on the public ADAMS library in late January 2012. The keywords listed are DPCautoadd, SUNSI Review Complete, exb3, stt, and utsPARS and the case/reference listed is FOIA/PA-2011-0083.
- 9.
After discovering the FY13 Long-Term Research Plan, I searched the parties disclosure logs and could not find that the document was disclosed by any party in this proceeding.
- 10.
On September 14, 2012, the State disclosed the FY13 Long-Term Research Plan and initiated consultation with the parties on the States motion seeking leave to file the FY13 Long-Term Research Plan as an additional exhibit concerning NYS-12C.
- 11.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 18, 2012 in New York, New York Signed (electronically) by Kathryn M. Liberatore Assistant Attorney General State of New York (212) 416-8482