ML12276A482
| ML12276A482 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/02/2012 |
| From: | Bessette P, Dennis W, Glew W, Rund J, Sutton K Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23566, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12276A482 (9) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-247-LR and
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50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.
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(Indian Point Nuclear Generating Units 2 and 3)
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October 2, 2012 ENTERGY UNOPPOSED MOTION FOR LEAVE TO FILE ADDITIONAL EXHIBITS I.
INTRODUCTION In accordance with 10 C.F.R. § 2.323(a) and the Atomic Safety and Licensing Boards (Board) direction during the September 24, 2012 prehearing teleconference, Entergy Nuclear Operations, Inc. (Entergy) requests leave to file additional Entergy Exhibits ENTR50001 and ENT000573 to ENT000588.1 As discussed below, good cause exists for allowing Entergy to file these additional exhibits because these newly-created or recently-obtained documents are relevant and likely to be discussed in the course of the upcoming evidentiary hearing.
Furthermore, the admission of these exhibits will not result in harm to any other party, will not cause any delay in the proceeding, and is otherwise in the public interest. Entergy, the State of New York, Riverkeeper, and the NRC Staff have consulted pursuant to 10 C.F.R. § 2.323(b), and none of these parties opposes this Motion. Entergys attempts to contact Clearwater were unsuccessful.
1 ENT000574, Dr. Horowitzs presentation on CHECWORKS which is being prepared at the request of the Board, is still being finalized and will be filed once it is complete.
2 II.
ARGUMENT The Board has indicated that, to the extent relevant, newly-created or recently-obtained documents are identified prior to hearing, such documents may be proffered as new exhibits.2 As set forth in Attachment 1 to this Motion, Entergy Exhibits ENT000573 to ENT000588 are relevant and are likely to be discussed in the course of the upcoming evidentiary hearing.
Although the Boards October 7, 2011 Order allows for the introduction of such exhibits during the course of the hearing, the submission of such exhibits at this time will allow for a more streamlined, efficient hearing process.3 ENT000573 to ENT000578 and ENT000580 to ENT000586, were all created on or after March 30, 2012, and were therefore not submitted as exhibits when Entergy submitted its statements of position, testimony, and exhibits for the Track 1 Contentions because these documents were not reasonably available to Entergy at that time.
ENT000579 and ENT000588 existed at the time Entergy made evidentiary submissions, but only became relevant after New York filed its rebuttal testimony. Specifically, ENT000579 only became relevant when New York, in its rebuttal testimony, raised issues concerning the use and efficacy of guided wave testing following the February 2009 IP2 CST line leakage event.4 Similarly, ENT000588 only became relevant when New York, in its rebuttal testimony, raised issues concerning: (1) the appropriateness of Entergys use of the National Energy Modeling System (NEMS) to evaluate the reasonableness of the range of energy scenarios considered in 2
See Tr. at 1220, 1245-46 (Sept. 24, 2012).
3 See Licensing Board Order (Procedures for Evidentiary Filings) at 4 (Oct. 7, 2011) (unpublished) ([I]f any participant has documentary material in addition to its pre-filed testimony or other exhibits that it anticipates might become relevant during the course of the hearing, that participant shall ensure it has available an electronic copy of the document, properly marked and formatted, and has properly marked paper copies of such material at the hearing for distribution to all Board members, the Boards law clerk, and representatives for the other participants.).
4 See Pre-filed Written Rebuttal Testimony of Dr. David J. Duquette Regarding Contention NYS-5 at 15 (June 29,2012) (NYS000399).
3 the Final Supplemental Environmental Impact Statement; and (2) the availability of other energy planning models for this purpose.5 Therefore, in light of these rebuttal claims, the Board should admit these documents as exhibits.
Although Entergy Exhibits ENT000573 to ENT000588 do not require that Entergy revise its statements of position or testimony, these documents are relevant and are likely to be discussed in the course of the upcoming evidentiary hearing. The issues addressed in these exhibits were already likely hearing topics and thus, the introduction of these exhibits will not expand the scope of the hearing, delay the hearing, or have any adverse effect on the proceeding.
To ensure these documents are available at the hearing and properly labeled, and in accordance with the Boards direction during the September 24th teleconference, Entergy respectfully requests that the Board accept these additional exhibits.
Finally, Entergy also submits a revised exhibit list (ENTR50001), which reflects all of the changes discussed above.
5 See Pre-Filed Written Rebuttal Testimony of David A. Schlissel Regarding Contention NYS-37 at 10-12 (June 29,2012) (NYS000437).
4 III.
CONCLUSION For the reasons set forth above, Entergy Exhibits ENT000573 to ENT000588 should be admitted into evidence.
Respectfully submitted, Executed in accord with 10 C.F.R. § 2.304(d)
William B. Glew, Jr., Esq.
Kathryn M. Sutton, Esq.
William C. Dennis, Esq.
Paul M. Bessette, Esq.
Entergy Nuclear Operations, Inc.
Jonathan M. Rund, Esq.
440 Hamilton Avenue MORGAN, LEWIS & BOCKIUS LLP White Plains, NY 10601 1111 Pennsylvania Avenue, N.W.
Phone: (914) 272-3202 Washington, D.C. 20004 E-mail: wglew@entergy.com Phone: (202) 739-5738 E-mail: wdennis@entergy.com E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.
Dated in Washington, D.C.
this 2nd day of October 2012
Entergy Exhibit #
Relevant Contentions Exhibit Name Relevance ENT000573 RK-TC-2 Draft License Renewal Interim Staff Guidance, LR-ISG-2012-01, Wall Thinning Due to Erosion Mechanisms (July 5, 2012)
Riverkeepers RK-TC-2 rebuttal testimony (RIV000108) discusses the GALL Report statement that CHECWORKS is acceptable because it provides a bounding analysis for FAC. LR-ISG-2012-01 proposes to remove that statement. This document may be discussed during the evidentiary hearing.
ENT000574 RK-TC-2 Jeffrey S. Horowitz & Robert M. Aleksick, Presentation, Overview of CHECWORKS (Oct.
2012) [placeholder]
The Boards September 14, 2012 Order requested a presentation on the CHECWORKS program.
ENT000575 RK-EC-3/
CW-EC-1 GZA GeoEnvironmental, Inc., Final IPEC Quarterly Long-Term Groundwater Monitoring Report, Quarters One Through Four 2011 (Sept.
26, 2012)
Entergys RK-EC-3/CW-EC-1 evidentiary submission included the then-most-recent GZA Quarterly Monitoring Report (ENT00335A-E). The GZA Quarterly Long-Term Groundwater Monitoring Report, Quarters One Through Four 2011, is now available and may be discussed at the evidentiary hearing.
ENT000576 RK-EC-3/
CW-EC-1 Monitoring Well Sample Data for All Radionuclides, Q2 2012 (Sept. 2012)
Intervenors RK-EC-3/CW-EC-1 rebuttal submission included groundwater monitoring data for Q3 2011, Q4 2011, and Q1 2012 groundwater monitoring data (RIV000121, RIV000122, and RIV000123, respectively). Groundwater monitoring data for Q2 2012 is now available and may be discussed at the evidentiary hearing.
2 Entergy Exhibit #
Relevant Contentions Exhibit Name Relevance ENT000577 NYS-5 LO-IP3LO-2012-00134, Underground Piping &
Tanks Inspection & Monitoring Program Self Assessment (Sept. 14, 2012)
This report documents a self-assessment of the IPEC Underground Piping and Tanks Inspection and Monitoring Program that was performed in June 2012 in advance of the NRCs July 2012 audit in accordance with NRC Temporary Instruction (TI) 2515/182, Review of the Implementation of the Industry Initiative to Control Degradation of Underground Piping and Tanks. This document may be discussed during the evidentiary hearing.
ENT000578 NYS-5 EN-DC-343, Underground Piping and Tanks Inspection and Monitoring Program, Rev. 5 (Mar. 30, 2012)
New Yorks NYS-5 evidentiary submission included EN-DC-343, Revision 4 (NYS000172), but, after Entergy submitted its testimony, Entergy issued EN-DC-343, Revision 5. Revision 5 is an editorial revision that includes references. This document may be discussed during the evidentiary hearing.
ENT000579 NYS-5 Structural Integrity Associates, Inc., G-Scan' Assessment of 8" Condensate Water Storage Tank Return Line CD-183 (Mar. 19, 2009)
This report may be discussed at the hearing in connection with Dr. Duquettes rebuttal testimony concerning the use and efficacy of guided wave testing following the February 2009 IP2 CST line leakage event.
ENT000580 NYS-5 NL-12-123, Correction to Previous Responses Regarding Unit 1 Buried Piping and Unit 2 Auxiliary Feedwater Pump Room Fire Event (Sept. 26, 2012)
This transmittal may be discussed at hearing in connection with the scope of IPEC buried piping components included in the scope of license renewal.
3 Entergy Exhibit #
Relevant Contentions Exhibit Name Relevance ENT000581 NYS-5 IP-RPT-11-LRD07, Review of the Buried Piping and Tanks Inspection Aging Management Program for License Renewal Implementation (June 2012)
This report may be discussed at hearing in connection with Entergys tracking and ongoing implementation of specific license renewal commitments and requirements related to the IPEC Buried Piping and Tanks Inspection Program.
ENT000582 NYS-5 GZA/Theielsch Engineering Soil Resisitivity Data for IP2 & IP3 AFW Bldg, IP2 SW Line 408 (June 2012)
This report may be discussed at the hearing in connection with Dr. Duquettes rebuttal testimony concerning soil corrosivity.
ENT000583 NYS-6/7 EN-DC-346, Cable Reliability Program Procedures, Rev. 3 (Apr. 30, 2012)
New Yorks NYS-6/7 evidentiary submission included EN-DC-343, Revision 2 (ENT000237), but, after Entergy submitted its testimony, Entergy issued EN-DC-346, Revision 3. Revision 3 includes several clarifications and enhancements. This document may be discussed during the evidentiary hearing.
ENT000584 NYS-6/7 Manhole Preventive Maintenance Frequencies (Sept. 18, 2012)
This document updates Entergys Manhole Preventive Maintenance Frequencies (ENT000248).
This document may be discussed during the evidentiary hearing.
ENT000585 NYS-37 NYISO, 2012 Reliability Need Assessment (Sept. 18, 2012)
New Yorks NYS-37 evidentiary submission included the 2010 Reliability Need Assessment (NYS000058), but, after Entergy submitted its testimony, the NYISO finalized the 2012 Reliability Need Assessment. This document may be discussed during the evidentiary hearing.
4 Entergy Exhibit #
Relevant Contentions Exhibit Name Relevance ENT000586 NYS-37 New York Energy Highway Task Force, New York Energy Highway FAQ (2012)
New Yorks NYS-37 rebuttal submission (NYS000437) discussed the New York Energy Highway. Subsequently, the New York Energy Highway Task Force issued a New York Energy Highway FAQ. This document may be discussed during the evidentiary hearing.
ENT000587 NYS-37 U.S. Energy Information Administration, Assumptions to the Annual Energy Outlook 2012 (Aug. 2012)
Entergys NYS-37 evidentiary submission included the Annual Energy Outlook 2011 (ENT000492), but, after Entergy submitted its testimony, the EIA finalized the Annual Energy Outlook 2012. This document may be discussed during the evidentiary hearing.
ENT000588 NYS-37 Synapse Energy Economics, Estimating the Emission Reduction Benefits of Renewable Electricity and Energy Efficiency in North America: Experience and Methods (Sept. 22, 2003)
New Yorks NYS-37 rebuttal submission discussed Entergys use of NEMS and the availability of other energy planning models. At the hearing, Entergys witnesses may reference this Synapse report to address Mr. Schlissels rebuttal testimony on such issues.
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
Docket Nos. 50-247-LR and
)
50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.
)
)
(Indian Point Nuclear Generating Units 2 and 3)
)
)
October 2, 2012 MOTION CERTIFICATION Pursuant to 10 C.F.R. § 2.323(b), counsel for Entergy certifies that he made a sincere effort to contact the other parties in this proceeding, to explain to them the factual and legal issues raised in this Motion, and to resolve those issues, and he certifies that his efforts have been successful.
Executed in accord with 10 C.F.R. § 2.304(d)
Jonathan M. Rund, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave. NW Washington, DC 20004 Phone: (202) 739-5061 Fax: (202) 739-3001 E-mail: jrund@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.