ML13009A424
| ML13009A424 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/09/2013 |
| From: | Sipos J State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23997, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13009A424 (7) | |
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.
January 9, 2013
x UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE AN ADDITIONAL EXHIBIT CONCERNING CONTENTION NYS-38/RK-TC-5 Office of the Attorney General for the State of New York The Capitol Albany, New York 12224
DISCUSSION In accordance with 10 C.F.R. § 2.323(a), the State of New York requests leave to file as an additional exhibit an article that appeared in Nucleonics Week entitled DOE plan coordinates R&D on extending LWR lifetimes by Stephen Dolley.1 The article, which the State has marked and proposes to submit as Exhibit NYS000472, accompanies this motion. The State has consulted with Entergy, NRC Staff, Riverkeeper, and Clearwater pursuant to 10 C.F.R. § 2.323(b), and none of the parties oppose this motion.
Good cause exists for allowing the submission of this exhibit. This exhibit, NYS000472, is relevant to the issues addressed by Contention NYS-38 that the parties and their witnesses may discuss during an evidentiary hearing before the Atomic Safety and Licensing Board. The State and Riverkeepers Joint Revised Statement of Position specifically identified and quoted from the Nucleonics Week article in their Revised Statement of Position for Contention NYS-38/RK-TC-5. See State of New York and Riverkeeper, Inc. Revised Statement of Position in Support of Joint Contention NYS-38/RK-TC-5 (Nov. 9, 2012) NYS000451 at pp. 2 - 3. The article describes ongoing research and development work related to extended operations of power reactors. The article and the citation to federal budget appropriations (Joint Revised SOP at 2) provide context for the intervenors position and also relate to the testimony of Dr. Richard Lahey in support of Contention NYS-38/RK-TC-5. See Pre-Filed Written Rebuttal Testimony of Dr. Richard T. Lahey, Jr. Regarding Contention NYS-38/RK-TC-5 (Nov. 9, 2012) NYS NYS000453 at pp.5, 7. The admission of this exhibit will assist in the development of a full hearing record and will not cause delay or harm to any party.
1 Dolley, Stephen, "DOE plan coordinates R&D on extending LWR lifetimes," Nucleonics Week,
- p. 2, Vol. 53, No. 6 (Feb. 9, 2012). The article is also available through Westlaw at 2012 WLNR 3887400.
2 When the intervenors submitted the Statement of Position, the State had understood that the citation to a commonly-available periodical would be sufficient. After discussion among the parties on this matter, the State now seeks to submit the article as an exhibit. As noted, the State of New York has consulted with the other parties pursuant to 10 C.F.R. § 2.323(b), and none of the parties oppose this motion.
CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000472 as an additional exhibit. The document, with exhibit marker NYS000472 and copyright notice, accompanies this filing.
Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12224 (518) 402-2251 Dated: January 9, 2013
3 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 the other parties has been successful, and none of the parties oppose the States motion.
Signed (electronically) by 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 January 9, 2013
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.
January 9, 2013
x CERTIFICATE OF SERVICE I hereby certify that on January 9, 2013, copies of the Unopposed Motion by State of New York Motion For Leave to File An Additional Exhibit and Exhibit NYS000472; 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 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 Carter.Thurman@nrc.gov James.Maltese@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
3 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 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 9th day of January 2013