ML12356A247
| ML12356A247 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/21/2012 |
| From: | Sipos J 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 23927, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12356A247 (7) | |
Text
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 473-3105 FAX (518) 473-2534 WWW.AG.NY.GOV December 21, 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:
The State of New York respectfully submits this report to the Atomic Safety and Licensing Board in response to the Boards request during the Thursday, December 13, 2012 hearing in Tarrytown. At the end of the December 13 hearing, the Board and the parties discussed various scheduling and procedural issues, one of which concerned aspects of the coastal zone management regulations with respect to Entergys application for two 20-year operating licenses for Indian Point Unit 2 and Indian Point Unit 3.1 Representatives of the State and Entergy discussed various additional, ongoing proceedings in other fora that concern coastal zone regulations. Following those discussions, NRC Staff requested an opportunity to review the filings in the State proceeding.2 The State also wishes to inform the Board about a recent development concerning coastal zone regulation issues that came about after the conclusion of last weeks hearing. On Monday, December 17, 2012, Entergy submitted to the New York State Department of State (NYSDOS) a filing that alleges that the requested licenses for Indian Point Unit 2 and Indian Point Unit 3 are 1 See, e.g., Transcript of December 13, 2012 Hearing at 4476 to 4480 (statements of J. Sipos and W. Glew). Entergy has graciously shared a four-page excerpt of the December 13, 2012 hearing transcript with the State. The State has prepared this report based on the Boards questions that appear in that excerpt. (As of Thursday evening, December 20, 2012, the transcript of the entire December 13 hearing and scheduling conference is not yet available on the electronic hearing docket to the State.)
2 Transcript December 13, 2012 at 4480 (statement of S. Turk).
The Capitol, Albany, NY 12224 (518) 474-8096 Fax (518) 473-2534 (Not for Service of Papers) http://www.oag.state.ny.us consistent with coastal zone management criteria. Up to this point in time, Entergy had not submitted such a consistency certification to the State. Entergys application to NYSDOS reserved Entergys flexibility to argue in other fora that such a consistency certification and application were not necessary. Mondays submission to NYSDOS measures approximately 3 to 4 feet in height. It is this certification and application that Entergy has argued - in its filings to this Board - is not necessary.
Before turning to the Boards questions and for the sake of completeness, the State identifies the current proceedings or requests that touch on coastal zone issues and the Indian Point facilities and operations:
- 1.
New York Civil Practice Law and Rules (CPLR) Article 78 Petition challenging NYSDOS habitat designation, pending in New York State Supreme Court for Albany County;
- 2.
Request for Declaratory Ruling to NYSDOS that the Indian Point facilities are exempt from coastal zone management review;
- 3.
Request for Declaratory Ruling to NRC ASLB that the Indian Point facilities have been subject to previous coastal zone management review;
- 4.
Consistency Certification and Application to NYSDOS that the Indian Point facilities are consistent with coastal zone management policies.
Together with this report, the State submits a chart listing the various proceedings and upcoming deadlines.
The State now turns to the Boards questions to the State.
- 1.
Specifically, the Board inquired whether the State contemplated requesting an extension of the January 14, 2013 date for submitting a response to Entergys request for a declaratory ruling that the Coastal Zone Management Act was not applicable to Entergys application for a 20 year operating licenses for Indian Point Unit 2 and Indian Point Unit 3. The State intends to request that the January 14, 2013 filing date be postponed. Representatives of the State have been in consultation with Entergy, NRC Staff, and Riverkeeper representatives on this matter over the last week and the parties have reached a consensus on March 22 as the filing date for the submission of answers to the ASLB. The State intends to file such a request asking the Board to amend the schedule by Monday, January 7, 2013. The likely bases of the request are the considerable demands placed on NYSDOS Staff in the wake of Sandy, which caused extensive damage to New York coastal communities, and the Staff resources devoted to reviewing and addressing various requests, applications, and challenges concerning the coastal zone management program presented by Entergy with respect to the Indian Point facilities.
- 2.
The Board also inquired whether the parties contemplated filing a request to stay the declaratory ruling request pending before the Board. The State of New York does not contemplate filing such a stay request at this time.
The Capitol, Albany, NY 12224 (518) 474-8096 Fax (518) 473-2534 (Not for Service of Papers) http://www.oag.state.ny.us
- 3.
The Board also inquired about which State official would issue a decision on Entergys declaratory ruling request to the NYSDOS. The decision on that declaratory ruling request will likely be made by the NYSDOS General Counsel Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General cc: All individuals, parties, or NRC offices on the Service List
DATE OF OCCURRENCE OR UPCOMING SCHEDULE PROCEEDING VENUE Monday, Dec. 17, 2012 Applicants (Entergy) submission to State agency of applicants certification that alleges that applicants federal permit application is consistent with the Coastal Zone Management Act Application for 20-year licenses to operate Indian Point power reactors New York State Department of State (NYSDOS)
Friday, Dec. 21, 2012 State files Memorandum of Law, Answer, and Affidavits in response to Entergys Article 78 Petition C.P.L.R. Article 78 Proceeding (initiated by Entergy)
New York State Supreme Court for Albany County Wednesday, Jan. 9, 2013 Potential ruling date by NYSDOS General Counsel Request for Declaratory Order (initiated by Entergy)
New York State Department of State Monday, Jan. 14, 2013 NRC Staff and NYS Answers to Entergy Motion for declaratory ruling Request for Declaratory Ruling, License Renewal Application Proceeding United States Nuclear Regulatory Commission Atomic Safety and Licensing Board Friday, Jan. 18, 2013 Entergy files Reply Memorandum of Law C.P.L.R. Article 78 Proceeding New York State Supreme Court for Albany County Friday, Jan. 25, 2013 Return date & oral argument C.P.L.R. Article 78 Proceeding New York State Supreme Court for Albany County as of December 20, 2012
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
x In re:
Docket Nos. 50-247-LR and 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 21, 2012
x CERTIFICATE OF SERVICE I hereby certify that on December 21, 2012, copies of the State of New Yorks December 21, 2012 Letter Report to the Atomic Safety and Licensing Board 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 Carter Thurman, 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 Carter.Thurman@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
3 Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Administer@villageofbuchanan.com 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 Karla Raimundi, Environmental Justice Associate Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 karla@clearwater.org 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 Dated at Albany, New York this 21st day of December 2012