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
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, 1
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.
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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.
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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 John J. Sipos Assistant Attorney General Assistant Attorney General Office of the Attorney General Office of the Attorney General for the State of New York for the State of New York 120 Broadway The Capitol New York, New York 10271 Albany, New York 12227 (212) 416-6091 (518) 402-2251 Dated: December 6, 2012 4
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 Shelbie Lewman, Esq. Law Clerk Michael F. Kennedy, Administrative Judge Anne Siarnacki, Esq., Law Clerk Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 Mailstop 3 F23 Two White Flint North Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Shelbie.Lewman@nrc.gov Richard.Wardwell@nrc.gov Anne.Siarnacki@nrc.gov Michael.Kennedy@nrc.gov Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 Mailstop 16 G4 Two White Flint North One White Flint North 11545 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 ocaamail@nrc.gov
Office of the Secretary Bobby R. Burchfield, Esq.
Attn: Rulemaking and Adjudications Staff Matthew M. Leland, Esq.
U.S. Nuclear Regulatory Commission Clint A. Carpenter, Esq.
Mailstop 3 F23 McDermott Will & Emery LLC Two White Flint North 600 13th Street, NW 11545 Rockville Pike Washington, DC 20005-3096 Rockville, MD 20852-2738 bburchfield@mwe.com hearingdocket@nrc.gov mleland@mwe.com ccarpenter@mwe.com Sherwin E. Turk, Esq.
David E. Roth, Esq. Richard A. Meserve, Esq.
Beth N. Mizuno, Esq. Covington & Burling LLP Brian G. Harris, Esq. 1201 Pennsylvania Avenue, NW Anita Ghosh, Esq. Washington, DC 20004-2401 Joseph A. Lindell, Esq. rmeserve@cov.com Office of the General Counsel U.S. Nuclear Regulatory Commission Elise N. Zoli, Esq.
Mailstop 15 D21 Goodwin Procter, LLP One White Flint North Exchange Place 11555 Rockville Pike 53 State Street Rockville, MD 20852-2738 Boston, MA 02109 sherwin.turk@nrc.gov ezoli@goodwinprocter.com david.roth@nrc.gov beth.mizuno@nrc.gov William C. Dennis, Esq.
brian.harris@nrc.gov Assistant General Counsel anita.ghosh@nrc.gov Entergy Nuclear Operations, Inc.
Joseph.Lindell@nrc.gov 440 Hamilton Avenue White Plains, NY 10601 Kathryn M. Sutton, Esq. wdennis@entergy.com Paul M. Bessette, Esq.
Jonathan Rund, Esq. Robert D. Snook, Esq.
Raphael Kuyler, Esq. Assistant Attorney General Morgan, Lewis & Bockius LLP Office of the Attorney General 1111 Pennsylvania Avenue, NW State of Connecticut Washington, DC 20004 55 Elm Street ksutton@morganlewis.com P.O. Box 120 pbessette@morganlewis.com Hartford, CT 06141-0120 jrund@morganlewis.com robert.snook@ct.gov rkuyler@morganlewis.com Melissa-Jean Rotini, Esq.
Martin J. ONeill, Esq. Assistant County Attorney Morgan, Lewis & Bockius LLP Office of the Westchester County Attorney Suite 4000 Michaelian Office Building 1000 Louisiana Street 148 Martine Avenue, 6th Floor Houston, TX 77002 White Plains, NY 10601 martin.oneill@morganlewis.com MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.
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Village of Buchanan Manna Jo Greene, Director Municipal Building Karla Raimundi, Environmental Justice 236 Tate Avenue Associate Buchanan, NY 10511-1298 Stephen Filler, Esq., Board Member vob@bestweb.net Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Daniel Riesel, Esq. Beacon, NY 12508 Thomas F. Wood, Esq. Mannajo@clearwater.org Victoria S. Treanor, Esq. karla@clearwater.org Sive, Paget & Riesel, P.C. stephenfiller@gmail.com 460 Park Avenue New York, NY 10022 Richard Webster, Esq.
driesel@sprlaw.com Public Justice, P.C.
vtreanor@sprlaw.com Suite 200 1825 K Street, NW Michael J. Delaney, Esq. Washington, DC 20006 Director rwebster@publicjustice.net Energy Regulatory Affairs NYC Department of Environmental Phillip Musegaas, Esq.
Protection Deborah Brancato, Esq.
59-17 Junction Boulevard Riverkeeper, Inc.
Flushing, NY 11373 20 Secor Road (718) 595-3982 Ossining, NY 10562 mdelaney@dep.nyc.gov phillip@riverkeeper.org dbrancato@riverkeeper.org Signed (electronically) by John J. Sipos Assistant Attorney General State of New York (518) 402-2251 Dated at Albany, New York this 6th day of December 2012 3