ML12341A289
| ML12341A289 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/06/2012 |
| From: | Sipos J, Heslin L State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23854, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 DPR-026, DPR-064 | |
| Download: ML12341A289 (9) | |
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.
December 6, 2012
x STATE OF NEW YORK MOTION FOR LEAVE TO FILE ADDITIONAL EXHIBITS CONCERNING CONTENTION NYS-8 Office of the Attorney General for the State of New York The Capitol State Street Albany, New York 12224
1 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, the State of New York requests leave to file four additional New York Exhibits, NYS000468 to NYS000471.
Good cause exists for allowing the State to file these additional exhibits because they came into existence very recently and are relevant to issues likely to be discussed at the upcoming evidentiary hearing next week in Tarrytown. Their admission is necessary to develop a full hearing record and will not cause delay or harm to any party. The State has disclosed the documents to the parties.
The State of New York has consulted with Entergy, NRC Staff, Riverkeeper, and Clearwater pursuant to 10 C.F.R. § 2.323(b). NRC Staff, Riverkeeper, and Clearwater do not oppose this motion. Entergy opposes the admission of the four additional New York Exhibits, NYS000468 to NYS000471, on the basis of relevance.
ARGUMENT GOOD CAUSE EXISTS FOR ALLOWING THE STATE TO FILE THE ADDITIONAL EXHIBITS It is of the utmost importance that the Board has a full record of all material and relevant evidence when rendering its relicensing decision. See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-580, 11 N.R.C. 227, 230 (Atomic Licensing Appeal Board 1980) (No conceivable good is served by making empty findings in the absence of essential evidence.). To that end, the Board has indicated that parties may proffer newly created, relevant documents identified as new exhibits. See Teleconference Tr. at 1220, 1245-46 (Sept. 24, 2012); accord Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3) Order Denying Clearwaters Motion to Supplement the Record, at 3 (Dec. 5,
2 2012) (finding that 10 C.F.R. § 2.337(a) is the applicable standard for the admission of new exhibits). The four documents the State seeks to introduce are:
- NRC Bulletin 2012-01: Design Vulnerability in Electric Power System, July 27, 2012, ADAMS Accession Number ML12074A115. The State of New requests that the Board admit this document as NYS000468.
- Entergy Letter, NL-12-141, 90-Day Response to Bulletin 2012-01, Design Vulnerability in Electric Power System,[i.e., the preceding document]
Indian Point Units 2 & 3, Docket Nos. 50-247 and 50-286, License Nos.
DPR-26 and DPR-64, October 25, 2012, ADAMS Accession Number ML12311A014 (posted on November 15, 2012). The State of New York requests that the Board admit this document as NYS000469.
- Entergy Preliminary Notification of Event or Unusual Occurrence - PNO-I-12-008, James A. Fitzpatrick Nuclear Power Plant Notification of Unusual Event Due to Fire in Main Transformer and Bus Ducting, November 13, 2012, ADAMS Accession Number ML12318A299 (posted on November 14, 2012). The State of New York requests that the Board admit this document as NYS000470.
- Entergy Preliminary Notification of Event or Unusual Occurrence - PNO-I-12-008A, UPDATE: James A. Fitzpatrick Nuclear Power Plant Notification of Unusual Event Due to Fire in Main Transformer, November 28, 2012, ADAMS Accession Number ML12333A307 (posted on November 28, 2012). The State of New York requests that the Board admit this document as NYS000471.
The State has disclosed these documents to Entergy, NRC Staff, and the other parties and participants.1 These documents are relevant to the upcoming Evidentiary Hearing, and none of the documentsdated July 27, 2012, October 25, 2012, November 13, 2012, and November 28, 2012 respectivelywere previously available to the State for inclusion in the States June 29, 1 The State disclosed the first three documents to the parties on November 30, 2012 and the fourth document on December 5, 2012.
3 2012 rebuttal submissions. The documents relate to the issues raised in Contention NYS-8 and provide additional information about the parties positions and submissions concerning transformers and aging management of transformers.
The NRC Bulletin 2012-01 (NYS000468) discusses a design vulnerability of the electric power system that can prevent the onsite and offsite electric power systemwhich includes transformersfrom being able to perform its intended safety functions. The Bulletin requests that licensees provide information, such as transformer configurations, to assess this condition.
Entergys recent response to NRC Bulletin 2012-01 (NYS000469) provides information about the structure of the electrical and transformer systems at the Indian Point facilities and indicates that Indian Point Unit 2 and Unit 3 have this design vulnerability, which affects the electric power systems ability to detect an open phase fault condition.
The two recent Preliminary Notification of Event or Unusual Occurrence documents (NYS000470 and NYS000471) describe a transformer fire that occurred on November 11, 2012, at the James A. Fitzpatrick Nuclear Power Planta facility operated by Entergy and located in New York State. Entergys initial investigation determined that the fire was caused by a problem in the B Phase winding of the T1-A main transformer.
The issues addressed in these documents could well be discussed during the December hearing dates for Contention NYS-8. The introduction of these exhibits will not expand the scope of the hearing, but rather provide necessary information to ensure that the Boards ultimate decision on relicensing is based on a complete record. Furthermore, the State has disclosed these documents to the parties.
4 CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000468 to NYS000471 as additional exhibits. The four documentswith exhibit markersaccompany this filing.
Respectfully submitted, Signed (electronically) by Signed (electronically) by Laura E. Heslin Assistant Attorney General Office of the Attorney General for the State of New York 120 Broadway New York, New York 10271 (212) 416-6091 John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 Dated: December 6, 2012
Certificate Pursuant to 10 C.F.R. § 2.323 In accordance with the Boards Scheduling Order of July 1, 2010 (at 8-9) and 10 C.F.R. § 2.323(b), the undersigned counsel hereby certifies that counsel for the State of New York has made a sincere effort to contact other parties in the proceeding and resolve the issues raised in the motion. The State of New Yorks efforts to resolve the issues with Entergy have been unsuccessful, and Entergy opposes this motion. NRC Staff, Riverkeeper, and Clearwater do not oppose the motion.
Signed (electronically) by Laura E. Heslin Assistant Attorney General Office of the Attorney General for the State of New York 120 Broadway New York, New York (212) 416-6091 December 6, 2012
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.
December 6, 2012
x CERTIFICATE OF SERVICE I hereby certify that on December 6, 2012, copies of the State of New York Motion For Leave to File Additional Exhibits Concerning Contention NYS-8 and exhibits NYS000468 -
NYS000471 were served electronically via the Electronic Information Exchange on the following recipients:
Lawrence G. McDade, Chair Richard E. Wardwell, Administrative Judge Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Shelbie Lewman, Esq. Law Clerk Anne Siarnacki, Esq., Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov Anne.Siarnacki@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov
2 Office of the Secretary Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 hearingdocket@nrc.gov Sherwin E. Turk, Esq.
David E. Roth, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Anita Ghosh, Esq.
Joseph A. Lindell, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 sherwin.turk@nrc.gov david.roth@nrc.gov beth.mizuno@nrc.gov brian.harris@nrc.gov anita.ghosh@nrc.gov Joseph.Lindell@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Jonathan Rund, Esq.
Raphael Kuyler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com jrund@morganlewis.com rkuyler@morganlewis.com Martin J. ONeill, Esq.
Morgan, Lewis & Bockius LLP Suite 4000 1000 Louisiana Street Houston, TX 77002 martin.oneill@morganlewis.com Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 rmeserve@cov.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 ezoli@goodwinprocter.com William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 wdennis@entergy.com Robert D. Snook, Esq.
Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 robert.snook@ct.gov Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.
3 Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 vob@bestweb.net Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria S. Treanor, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com vtreanor@sprlaw.com Michael J. Delaney, Esq.
Director Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov Dated at Albany, New York this 6th day of December 2012 Manna Jo Greene, Director Karla Raimundi, Environmental Justice Associate Stephen Filler, Esq., Board Member Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 Mannajo@clearwater.org karla@clearwater.org stephenfiller@gmail.com Richard Webster, Esq.
Public Justice, P.C.
Suite 200 1825 K Street, NW Washington, DC 20006 rwebster@publicjustice.net Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org dbrancato@riverkeeper.org Signed (electronically) by John J. Sipos Assistant Attorney General State of New York (518) 402-2251