ML12338A677

State of New York Response to New Exhibits ENT000591-ENT000594 and Request to Board to Admit the Accompanying Supplemental Testimony by Dr. Stephen C. Sheppard, Marked as NYS000467 in the Matter of Indian Point, Units 2 and 3

ML12338A677
Person / Time
Site:	Indian Point
Issue date:	12/03/2012
From:	Sipos J, Sherrie Taylor State of NY, Office of the Attorney General
To:	Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 23833, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12338A677 (2)

Text

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU December 3, 2012 Lawrence G. McDade, Chair Richard E. Wardwell, Michael F. Kennedy Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Re: Indian Point Nuclear Generating Station, Unit 2 and Unit 3 Docket Nos. 50-247-LR/50-286-LR; ASLBP No. 07-858-03-LR-BD01

Dear Administrative Judges:

In accordance with the Boards ruling during the November 28, 2012 evidentiary hearing in Rockville, the State of New York responds to new exhibits ENT000591-ENT000594 (NYS-17B), which were provisionally admitted subject to subsequent objection by the State. On November 21, 2012, Entergy served four documents on the parties and the Atomic Safety and Licensing Board and marked each of them as Entergy exhibits. Included in that filing was Entergy Exhibit 592 (ENT000592) entitled Supplemental Testimony of Entergy Witness George S. Tolley Regarding Contention NYS-17B (Property Values); Exhibit 593 (ENT000593) a journal article entitled Measuring Environmental Effects on Property Values Without Hedonic Regressions, 11 J. of Urban Econ. 333 (1982) (Palmquist Article);

and Exhibit 594 (ENT000594), which it asserted contained Examples of Errors Remaining in Dr.

Sheppards Assessor Data Set (Nov. 2012). The same day, Entergy also submitted Exhibit 591 (ENT000591) entitled Declaration of Cory Gruntz, which discusses payments in lieu of taxes in response to a question from the Board during the October 22, 2012 evidentiary hearing.

THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 473-3105 FAX (518) 473- 2534 WWW.AG.NY.GOV

The State notes that Entergy has, among other things, again submitted new analytic work embedded in ENT000592 (Tolley supplemental testimony at page 28-29), in the form of a new regression done after the October 22, 2012 hearing on NYS-17B. However, rather than distracting the Board and the parties with an objection and potential additional motion practice with respect to exhibits already submitted and preliminarily accepted and without stipulating to the accuracy of the statements contained in ENT000591-000594, the State does not object to the Boards admission of those documents, but respectfully requests that the Board admit the accompanying supplemental testimony by Dr. Stephen C.

Sheppard, which has been marked as NYS000467. The State has done no new analytic work and instead has simply asked Dr. Sheppard to respond to Entergys new, post-hearing submissions, and its 30 pages of new testimony.

Respectfully submitted, Signed (electronically) by John J. Sipos Susan L. Taylor Assistant Attorneys General cc: All individuals, parties, or NRC offices on the Service List The Capitol, Albany, NY 12224 (518) 474-8096 Fax (518) 473-2534 (Not for Service of Papers) http://www.oag.state.ny.us