ML13123A195
| ML13123A195 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/03/2013 |
| From: | Sipos J State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24461, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13123A195 (8) | |
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. May 3, 2013
x MOTION BY THE STATE OF NEW YORK FOR LEAVE TO FILE TWO ADDITIONAL EXHIBITS CONCERNING CONSOLIDATED CONTENTION NYS-37 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 additional exhibits, two orders of the New York State Public Service Commission (PSC) which were issued in January and February 2013, after the last day of hearings in this proceeding. One order granted a Certificate of Environmental Compatibility and Public Need for the construction and operation of a high voltage, direct current circuit from the Canadian Border to New York City (Champlain Hudson Power Express). 1 The other order granted a Certificate of Public Convenience and Necessity for the construction of a combined cycle natural gas powered 1,000 megawatt electric generating facility in Dutchess County, New York (Cricket Valley Energy Center). 2 The two PSC orders, which the State has marked and proposes to submit as Exhibits NYS000474 and NYS000475, accompany this motion. The State has consulted with Entergy, NRC Staff, Riverkeeper, and Clearwater pursuant to 10 C.F.R. § 2.323(b). Entergy, Riverkeeper and Clearwater do not oppose this motion. NRC Staff opposes the motion on the grounds that it is late, and that the documents are cumulative and immaterial. NRC Staff requests an opportunity to respond to the motion.
Good cause exists for allowing the submission of these exhibits. The exhibits, NYS000474 and NYS000475, are relevant to the issues addressed by Contention NYS-37 that the parties and their witnesses discussed in their pre-filed testimony and during the evidentiary hearing before the Atomic Safety and Licensing Board. NRC Staff discussed the Champlain Hudson Power Express (CHPE) project in the Final Supplemental Environmental Impact 1
State of New York Public Service Commission, Case 11-E-0593, Order Granting Certificate of Public Convenience and Necessity, Petition of Cricket Valley Energy Center, LLC (Feb. 14, 2013) (NYS000475).
2 State of New York Public Service Commission, Case 10-T-0139, Order Granting Certificate of Environmental Compatibility and Public Need, Application of Champlain Hudson Power Express, Inc. (Apr. 18, 2013) (NYS000474).
Statement (FSEIS) for license renewal and in NRC Staff pre-filed testimony as an example of new transmission capacity that could deliver power to the New York City metropolitan area if Indian Point were not relicensed. 3 New York State experts also discussed the CHPE project for the same purpose in their pre-filed testimony. 4 Exhibits relating to this project have already been admitted into evidence in this proceeding. See NYS000074 and NYS000076. Similarly, both the State and NRC Staff have introduced exhibits relating to the Cricket Valley Energy Center in this proceeding. See NYS000444; NYS000445; NRC000165; NRC000166. These two proposed new exhibits (NYS000474 and NYS000475) represent additional governmental approvals of two projects that will provide replacement energy to the New York metropolitan area if Indian Point is not relicensed. Admission of them will assist in the development of a full hearing record and will not cause delay or harm to any party.
As noted, the State of New York has consulted with the other parties pursuant to 10 C.F.R. § 2.323(b), and only NRC Staff opposes the motion.
3 NYS000133C at 8-27; NRC000133 at 54-55 A.8.
4 NYS000046 at 38 2
CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000474 and NYS000475 as additional exhibits. The documents, with exhibit marker NYS000474 and NYS000475, accompany 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: May 3, 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. Entergy, Riverkeeper and Clearwater do not oppose the motion. NRC Staff opposes the motion and requests an opportunity to respond.
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 May 3, 2013 4
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. May 3, 2013
x CERTIFICATE OF SERVICE I hereby certify that on May 3, 2013, copies of the Motion by State of New York Motion For Leave to File Additional Exhibits and Exhibits NYS000474 and NYS000475; 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 Carter Thurman, Law Clerk Michael F. Kennedy, Administrative Judge 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 Shelbie.Lewman@nrc.gov Lawrence.McDade@nrc.gov Carter.Thurman@nrc.gov Richard.Wardwell@nrc.gov James.Maltese@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 Martin J. ONeill, Esq.
Attn: Rulemaking and Adjudications Staff Morgan, Lewis & Bockius LLP U.S. Nuclear Regulatory Commission Suite 4000 Mailstop 3 F23 1000 Louisiana Street Two White Flint North Houston, TX 77002 11545 Rockville Pike martin.oneill@morganlewis.com Rockville, MD 20852-2738 hearingdocket@nrc.gov Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Sherwin E. Turk, Esq. Clint A. Carpenter, Esq.
David E. Roth, Esq. McDermott Will & Emery LLC Beth N. Mizuno, Esq. 600 13th Street, NW Brian G. Harris, Esq. Washington, DC 20005-3096 Anita Ghosh, Esq. bburchfield@mwe.com Joseph A. Lindell, Esq. mleland@mwe.com Office of the General Counsel ccarpenter@mwe.com U.S. Nuclear Regulatory Commission Mailstop 15 D21 Richard A. Meserve, Esq.
One White Flint North Covington & Burling LLP 11555 Rockville Pike 1201 Pennsylvania Avenue, NW Rockville, MD 20852-2738 Washington, DC 20004-2401 sherwin.turk@nrc.gov rmeserve@cov.com david.roth@nrc.gov beth.mizuno@nrc.gov Elise N. Zoli, Esq.
brian.harris@nrc.gov Goodwin Procter, LLP anita.ghosh@nrc.gov Exchange Place Joseph.Lindell@nrc.gov 53 State Street Boston, MA 02109 Kathryn M. Sutton, Esq. ezoli@goodwinprocter.com Paul M. Bessette, Esq.
Jonathan Rund, Esq. William C. Dennis, Esq.
Raphael Kuyler, Esq. Assistant General Counsel Morgan, Lewis & Bockius LLP Entergy Nuclear Operations, Inc.
1111 Pennsylvania Avenue, NW 440 Hamilton Avenue Washington, DC 20004 White Plains, NY 10601 ksutton@morganlewis.com wdennis@entergy.com pbessette@morganlewis.com jrund@morganlewis.com Robert D. Snook, Esq.
rkuyler@morganlewis.com 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 2
Melissa-Jean Rotini, Esq. Karla Raimundi, Environmental Justice Assistant County Attorney Associate Office of the Westchester County Attorney Hudson River Sloop Clearwater, Inc.
Michaelian Office Building 724 Wolcott Avenue 148 Martine Avenue, 6th Floor Beacon, NY 12508 White Plains, NY 10601 karla@clearwater.org MJR1@westchestergov.com Sean Murray, Mayor Richard Webster, Esq.
Kevin Hay, Village Administrator Public Justice, P.C.
Village of Buchanan Suite 200 Municipal Building 1825 K Street, NW 236 Tate Avenue Washington, DC 20006 Buchanan, NY 10511-1298 rwebster@publicjustice.net Administer@villageofbuchanan.com Phillip Musegaas, Esq.
Daniel Riesel, Esq. Deborah Brancato, Esq.
Thomas F. Wood, Esq. Riverkeeper, Inc.
Victoria S. Treanor, Esq. 20 Secor Road Sive, Paget & Riesel, P.C. Ossining, NY 10562 460 Park Avenue phillip@riverkeeper.org New York, NY 10022 dbrancato@riverkeeper.org 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 Signed (electronically) by John J. Sipos Assistant Attorney General State of New York (518) 402-2251 Dated at Albany, New York this 3rd day of May 2013 3