ML13318A237
| ML13318A237 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/14/2013 |
| From: | Bessette P, Dennis W, Glew W, Kuyler R, Sutton K Entergy Nuclear Operations, Entergy Services, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 25329 | |
| Download: ML13318A237 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-247-LR and
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50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.
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(Indian Point Nuclear Generating Units 2 and 3)
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November 14, 2013 ENTERGYS REPLY TO NEW YORK STATES RESPONSE TO NRC STAFF STATUS REPORT On November 13, 2013, the State of New York (NYS) submitted certain information to the Board regarding recent regulatory events, purportedly in response to NRC Staffs November 1, 2013 status report.1 As described below, Entergy has certain concerns regarding paragraph 2 of the Response which describes a recent New York State Public Service Commission (NYSPSC) Order involving Indian Point Energy Center Reliability Contingency Plans.2 The Response also encloses the 80-page NYSPSC Order as an Attachment.
As an initial matter, a party notifying the Board of new information must explain the relevance of the information proffered.3 Contrary to this requirement, NYS failed to explain how the information in paragraph 2 and supporting Attachment are relevant to any issue(s) in this proceeding or even how that information relates to the NRC Staffs Status Report. Adherence to this requirement is particularly important now given the pending decision by the Board on Track 1 contentions.
1 State of New York Response to NRC Staff Status Report (Response).
2 Id. at 1 (citing Case 12-E-0503, Order Accepting Indian Point Energy Center Reliability Contingency Plans (Nov. 4, 2013) (NYSPSC Order)).
3 See AmerGen Energy Co., LLC (Oyster Creek Nuclear Generating Station), Licensing Board Order (Directing Parties to Submit Explanatory Pleadings and Affidavits) at 2 (May 21, 2008) (unpublished) (requiring an explanation of relevance for the submission of new documentary material).
2 Further, to the extent NYS seeks, through the mechanism of its Response, to supplement the record with the NYSPSC Order, this attempt fails because NYS has not moved to supplement the record under 10 C.F.R. § 2.3234 or consulted on this issue, contrary to 10 C.F.R. § 2.323(b).5 For these reasons, Entergy respectfully suggests that the Board require NYS to clarify the purpose of paragraph 2 in its Response, adhere to all appropriate procedural requirements governing filings with the Board, and as appropriate, afford Entergy and the other parties the opportunity to respond.
Respectfully submitted, Executed in accord with 10 C.F.R. § 2.304(d)
William B. Glew, Jr., Esq.
Kathryn M. Sutton, Esq.
William C. Dennis, Esq.
Paul M. Bessette, Esq.
ENTERGY SERVICES, INC.
Raphael P. Kuyler, Esq.
440 Hamilton Avenue MORGAN, LEWIS & BOCKIUS LLP White Plains, NY 10601 1111 Pennsylvania Avenue, NW Phone: (914) 272-3202 Washington, DC 20004 Fax: (914) 272-3205 Phone: (202) 739-3000 E-mail: wglew@entergy.com Fax:
(202) 739-3001 E-mail: wdennis@entergy.com E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: rkuyler@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.
Dated in Washington, D.C.
this 14th day of November 2013 4
See Licensing Board Order (Denying Clearwaters Motion to Supplement the Record) at 3 (Dec. 5, 2012)
(unpublished) (Clearwater Order) (evaluating Hudson River Sloop Clearwaters motion to supplement the record under 10 C.F.R. § 2.323). The other parties to this proceeding would have the opportunity to respond to such a motion. See 10 C.F.R. § 2.323(c).
5 See Clearwater Order at 3 (The Board has cautioned many times about the importance of consultation under this provision [10 C.F.R. § 2.323(b)], and without such certification, the motion must be denied.).
1 DB1/ 76665203 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-247-LR and
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50-286-LR ENTERGY NUCLEAR OPERATIONS, INC.
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(Indian Point Nuclear Generating Units 2 and 3)
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November 14, 2013 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305 (as revised), I certify that, on this date, copies of Entergys Reply to New York States response to NRC Staff Status Report were served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding.
Signed (electronically) by Lance A. Escher Lance A. Escher, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave. NW Washington, DC 20004 Phone: (202) 739-5080 Fax: (202) 739-3001 E-mail: lescher@morganlewis.com