ML12278A046
| ML12278A046 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/04/2012 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | State of NY |
| SECY RAS | |
| References | |
| RAS 23578, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12278A046 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) October 4, 2012 ORDER (Granting New Yorks Motion for Leave to File an Additional Exhibit and Additional Cross-Examination Questions)
On September 18, 2012, the State of New York (New York) filed a motion for leave to file an additional exhibit and additional cross-examination questions concerning Contention NYS-12C.1 In support of its Motion New York stated that, on September 10, 2012, it discovered an NRC document on the NRCs Agencywide Documents Access and Management System (ADAMS).2 According to New York, the document, dated January 19, 2011, and placed on ADAMS on January 26, 2012, was never disclosed to it by the NRC Staff.3 New York contends that the exhibit directly refutes Staff and Entergys assertions concerning Contention NYS-12C.4 Therefore, New York asserts the exhibit is both relevant and important to developing a 1
See State of New York Motion for Leave to File Additional Exhibit and Additional Cross-Examination Questions Concerning Consolidated Contention NYS-12C (Sept. 18, 2012) at 1.
2 Id. at 2-3.
3 Id. at 3.
4 Id. at 2.
complete record.5 In addition, New York contends that Commission precedent allows for publically available but newly discovered documents to be considered by the Board.6 Entergy objects only to New Yorks submission of additional examination questions and argues that the Board should deny New Yorks request, or, in the alternative, accept Entergys supplemental proposed questions on Contention NYS-12C.7 The Staff argues New Yorks motion should be denied because the views expressed in the proposed exhibit were rejected by appropriate officials; the document does not pertain to this proceeding and was not considered by the Staff in its review; the Staff was under no obligation to search for or produce documents of this nature; it was New Yorks obligation to seek out and file this document in a timely manner; and the document is redundant.8 After reviewing the information at issue, the Board has determined that New Yorks motion satisfies the requirements of 10 C.F.R. § 2.323(a), as relevant, material, and reliable evidence which is not unduly repetitious . . . 9 that may aid the Board in developing a complete record. As the Board stated during the September 24, 2012 teleconference, all parties have an opportunity to proffer additional exhibits leading up to the hearing if the proper showing is made.10 Furthermore, as we have repeatedly stated, the Board will give all evidence its appropriate weight at the evidentiary hearing in the context or evaluation of the specific issues 5
Id. at 3-4.
6 Id. at 7.
7 See Entergys Answer to New York States Motion for Leave to File an Additional Exhibit and Questions on Contention NYS-12C (Sept. 28, 2012) at 3.
8 See NRC Staffs Answer to State of New York Motion for Leave to File an Additional Exhibit and Additional Cross-Examination Questions Concerning Consolidated Contention NYS-12C (Sept. 28, 2012) at 2-3.
9 See 10 C.F.R. § 2.337(a).
10 See Tr. at 1220.
before us.11 Finally, the Board will take into consideration New Yorks and Entergys additional proposed questions on Contention NYS-12C and will give all other parties until October 9, 2012 to file proposed questions concerning the exhibits now marked as NYS000441 and NYS000442.
Accordingly, New Yorks motion for leave to file an additional exhibit and additional cross-examination questions concerning Contention NYS-12C is GRANTED.12 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 4, 2012 11 See Licensing Board Order (Granting in Part and Denying in Part Applicants Motions in Limine) at 20 (Mar. 6, 2012) (unpublished).
12 Likewise we have accepted Entergys additional proposed questions on Contention NYS-12C.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
) Docket Nos. 50-247-LR
) and 50-286-LR (Indian Point Nuclear Generating, )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting New Yorks Motion for Leave to File an Additional Exhibit and Additional Cross-Examination Questions) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Sherwin E. Turk, Esq.
Office of Commission Appellate Adjudication Edward L. Williamson, Esq.
Mail Stop O-7H4M Beth N. Mizuno, Esq.
Washington, DC 20555-0001 David E. Roth, Esq.
ocaamail@nrc.gov Brian Harris, Esq.
Mary B. Spencer, Esq.
U.S. Nuclear Regulatory Commission Anita Ghosh, Esq.
Office of the Secretary of the Commission Karl Farrar, Esq.
Mail Stop O-16C1 Brian Newell, Paralegal Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission hearingdocket@nrc.gov Office of the General Counsel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Atomic Safety and Licensing Board Panel sherwin.turk@nrc.gov; Mail Stop T-3F23 edward.williamson@nrc.gov Washington, DC 20555-0001 beth.mizuno@nrc.gov; brian.harris.@nrc.gov david.roth@nrc.gov; mary.spencer@nrc.gov Lawrence G. McDade, Chair anita.ghosh@nrc.gov; karl.farrar@nrc.gov Administrative Judge brian.newell@nrc.gov lawrence.mcdade@nrc.gov OGC Mail Center Richard E. Wardwell OGCMailCenter@nrc.gov Administrative Judge richard.wardwell@nrc.gov William C. Dennis, Esq.
Assistant General Counsel Michael F. Kennedy Entergy Nuclear Operations, Inc.
Administrative Judge 440 Hamilton Avenue michael.kennedy@nrc.gov White Plains, NY 10601 wdennis@entergy.com Anne Siarnacki, Law Clerk Shelbie Lewman, Law Clerk William B. Glew, Jr.
James Maltese, Law Clerk Organization: Entergy Carter Thurman, Law Clerk 440 Hamilton Avenue, White Plains, NY 10601 anne.siarnacki@nrc.gov wglew@entergy.com shelbie.lewman@nrc.gov james.maltese@nrc.gov carter.thurman@nrc.gov
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks Motion for Leave to File an Additional Exhibit and Additional Cross-Examination Questions)
Elise N. Zoli, Esq. Phillip Musegaas, Esq.
Goodwin Proctor, LLP Deborah Brancato, Esq.
Exchange Place, 53 State Street Ramona Cearley, Secretary Boston, MA 02109 Riverkeeper, Inc.
ezoli@goodwinprocter.com 20 Secor Road Ossining, NY 10562 Thomas F. Wood, Esq. phillip@riverkeeper.org; Daniel Riesel, Esq. dbrancato@riverkeeper.org Victoria Shiah Treanor, Esq. rcearley@riverkeeper.org Adam Stolorow, Esq.
Jwala Gandhi, Paralegal Melissa-Jean Rotini, Esq.
Peng Deng, Paralegal Assistant County Attorney Counsel for Town of Cortlandt Office of Robert F. Meehan, Sive, Paget & Riesel, P.C. Westchester County Attorney 460 Park Avenue 148 Martine Avenue, 6th Floor New York, NY 10022 White Plains, NY 10601 driesel@sprlaw.com; vtreanor@sprlaw.com mjr1@westchestergov.com astolorow@sprlaw.com; jgandhi@sprlaw.com pdeng@sprlaw.com Clint Carpenter, Esq.
Bobby Burchfield, Esq.
Kathryn M. Sutton, Esq. Matthew Leland, Esq.
Paul M. Bessette, Esq. McDermott, Will and Emergy LLP Martin J. ONeill, Esq. 600 13th Street, NW Raphael Kuyler, Esq. Washington, DC 20005 Jonathan M. Rund, Esq. ccarpenter@mwe.com; bburchfield@mwe.com Lena Michelle Long, Esq. mleland@mwe.com Laura Swett, Esq.
Lance Escher, Esq. Matthew W. Swinehart, Esq.
Mary Freeze, Legal Secretary Covington & Burling LLP Antoinette Walker, Legal Secretary 1201 Pennsylvania Avenue, NW Morgan, Lewis & Bockius, LLP Washington, DC 20004 1111 Pennsylvania Avenue, NW mswinehart@cov.com Washington, DC 20004 ksutton@morganlewis.com John Louis Parker, Esq.
martin.oneill@morganlewis.com Office of General Counsel, Region 3 rkuyler@morganlewis.com; New York State Department jrund@morganlewis.com of Environmental Conservation llong@morganlewis.com; 21 South Putt Corners Road lswett@morganlewis.com New Paltz, NY 12561-1620 lescher@morganlewis.com jlparker@gw.dec.state.ny.us mfreeze@morganlewis.com awalker@morganlewis.com Edward F. McTiernan, Esq.
New York State Department of Environmental Conservation Office of General Counsel 625 Broadway Albany, NY 12233-1500 efmctier@gw.dec.state.ny.us 2
Docket Nos. 50-247-LR and 50-286-LR ORDER (Granting New Yorks Motion for Leave to File an Additional Exhibit and Additional Cross-Examination Questions)
Manna Jo Greene, Environmental Director Robert D. Snook, Esq.
Steven C. Filler Assistant Attorney General Karla Raimundi Office of the Attorney General Hudson River Sloop Clearwater, Inc. State of Connecticut 724 Wolcott Ave. 55 Elm Street Beacon, NY 12508 P.O. Box 120 mannajo@clearwater.org; Hartford, CT 06141-0120 stephenfiller@gmail.com robert.snook@po.state.ct.us karla@clearwater.org Janice A. Dean, Esq.
Assistant Attorney General Richard Webster, Esq. Kathryn Liberatore, Esq.
Public Justice, P.C. Office of the Attorney General For Hudson River Sloop Clearwater, Inc. of the State of New York 1825 K Street, NW, Suite 200 120 Broadway, 26th Floor Washington, D.C. 20006 New York, New York 10271 rwebster@publicjustice.net janice.dean@ag.ny.gov kathryn.liberatore@ag.ny.gov Michael J. Delaney, Esq.
Director, Energy Regulatory Affairs Sean Murray, Mayor NYC Department of Environmental Protection Kevin Hay, Village Administrator 59-17 Junction Boulevard Village of Buchanan Flushing, NY 11373 Municipal Building mdelaney@dep.nyc.gov 236 Tate Avenue Buchanan, NY 10511-1298 John J. Sipos, Esq. smurray@villageofbuchanan.com Charles Donaldson, Esq. administrator@villageofbuchanan.com Assistant Attorneys General Office of the Attorney General of the State of New York Elyse Houle, Legal Support The Capitol, State Street Albany, New York 12224 john.sipos@ag.ny.gov charlie.donaldson@ag.ny.gov elyse.houle@ag.ny.gov Dated at Rockville, Maryland [Original signed by Christine M. Pierpoint]
this 4th day of October, 2012 Office of the Secretary of the Commission 3