ML13142A106
| ML13142A106 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/22/2013 |
| 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 24562, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13142A106 (2) | |
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 VIA NRC Electronic Information Exchange May 22, 2013 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 submits this letter on behalf of Riverkeeper, Entergy, NRC Staff, and the State. Following consultations among the counsel, those parties respectfully and collectively suggest that it would be beneficial for the Board to convene a scheduling conference concerning Track 2 matters.
Clearwater does not oppose this request.
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Background===
Following the evidentiary hearings on the Track 1 issues and during preparation of the recent post-hearing submissions, Entergy disclosed various documents pertaining to Track 2 issues. For example, Entergy disclosed documentation pertaining to metal fatigue assessments at Indian Point conducted by its consultant, Westinghouse, including a document entitled Entergy Calculation CN-PAFM-12-35, Indian Point Unit 2 and Unit 3 EAF Screening Evaluations.1 In addition, there have been various ongoing communications among the industry, Entergy, and NRC Staff concerning materials and reactor vessel internals issues. Staff also has informed the Board and parties that Staff is developing a second Supplemental Safety Evaluation Report, which is expected to be completed in mid-summer. In discussions among counsel there has been recognition that these recent disclosures, communications, Safety Evaluation Report efforts, and Track 2 contentions NYS-25, NYS-26B/RK-TC-1B, and NYS-38/RK-TC-5 may have some interaction with one another.
1 Entergy has designated the entire CN-PAFM-12-35 document as containing proprietary information; in accordance with this Boards Protective Order, this letter will not discuss its contents.
Suffice to say, Intervenors believe that the documents calculations and evaluations support Intervenors longstanding concerns that underlay contentions NYS-25, NYS-26B/RK-TC-1B, and NYS-38/RK-TC-5.
The Capitol, Albany, NY 12224 (518) 474-8096 Fax (518) 473-2534 (Not for Service of Papers) http://www.oag.state.ny.us The parties have an interest in a common understanding about the schedule for the proffering of amended or new contentions related to pending Track 2 contentions NYS-26B/RK-TC-1B, NYS-38/RK-TC-5, and NYS-25. The State and Riverkeeper wish to ensure that their counsel and respective experts have sufficient time to review these developments and documents and prepare amended or new contentions in an orderly manner.
Proposal and Request for Status Conference Counsel for the State, Riverkeeper, Entergy, and NRC Staff have discussed this issue from a scheduling perspective and are in general agreement that submission of amended contentions on Track 2 issues could await the publication of the second Supplemental Safety Evaluation Report. All counsel also agree that a telephone status conference would be an appropriate means to discuss the matter with the Board. As noted, Clearwater does not oppose this proposal.
Thank you for your consideration.
Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General cc:
All individuals, parties, and NRC offices on the Service List