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 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, N.Y. 12224-0341 PHONE (518) 473-3105 FAX (518) 473- 2534 WWW.AG.NY.GOV
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 The Capitol, Albany, NY 12224 (518) 474-8096 Fax (518) 473-2534 (Not for Service of Papers) http://www.oag.state.ny.us
DATE OF OCCURRENCE OR PROCEEDING VENUE UPCOMING SCHEDULE Monday, Dec. 17, 2012 Application for 20-year New York State Department of State licenses to operate Indian (NYSDOS)
Applicants (Entergy) Point power reactors submission to State agency of applicants certification that alleges that applicants federal permit application is consistent with the Coastal Zone Management Act Friday, Dec. 21, 2012 C.P.L.R. Article 78 New York State Supreme Court for Proceeding (initiated by Albany County State files Memorandum of Entergy)
Law, Answer, and Affidavits in response to Entergys Article 78 Petition Wednesday, Jan. 9, 2013 Request for Declaratory New York State Department of State Order (initiated by Entergy)
Potential ruling date by NYSDOS General Counsel Monday, Jan. 14, 2013 Request for Declaratory United States Nuclear Regulatory Ruling, License Renewal Commission Atomic Safety and NRC Staff and NYS Application Proceeding Licensing Board Answers to Entergy Motion for declaratory ruling Friday, Jan. 18, 2013 C.P.L.R. Article 78 New York State Supreme Court for Proceeding Albany County Entergy files Reply Memorandum of Law Friday, Jan. 25, 2013 C.P.L.R. Article 78 New York State Supreme Court for Proceeding Albany County Return date & oral argument as of December 20, 2012
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 Shelbie Lewman, Esq. Law Clerk Richard E. Wardwell, Administrative Judge Anne Siarnacki, Esq., Law Clerk Michael F. Kennedy, Administrative Judge Carter Thurman, 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 Carter.Thurman@nrc.gov Atomic Safety and Licensing Board Panel Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Mailstop 3 F23 U.S. Nuclear Regulatory Commission Two White Flint North Mailstop 16 G4 11545 Rockville Pike One White Flint North Rockville, MD 20852-2738 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov 1
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 2
Sean Murray, Mayor Karla Raimundi, Environmental Justice Kevin Hay, Village Administrator Associate Village of Buchanan Hudson River Sloop Clearwater, Inc.
Municipal Building 724 Wolcott Avenue 236 Tate Avenue Beacon, NY 12508 Buchanan, NY 10511-1298 karla@clearwater.org Administer@villageofbuchanan.com Richard Webster, Esq.
Daniel Riesel, Esq. Public Justice, P.C.
Thomas F. Wood, Esq. Suite 200 Victoria S. Treanor, Esq. 1825 K Street, NW Sive, Paget & Riesel, P.C. Washington, DC 20006 460 Park Avenue rwebster@publicjustice.net New York, NY 10022 driesel@sprlaw.com Phillip Musegaas, Esq.
vtreanor@sprlaw.com Deborah Brancato, Esq.
Riverkeeper, Inc.
Michael J. Delaney, Esq. 20 Secor Road Director Ossining, NY 10562 Energy Regulatory Affairs phillip@riverkeeper.org NYC Department of Environmental dbrancato@riverkeeper.org Protection 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov 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 3