ML15049A346

NYS Letter Clarifying Recent Filings

ML15049A346
Person / Time
Site:	Indian Point
Issue date:	02/18/2015
From:	Lusignan B State of NY, Office of the Attorney General
To:	Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML15049A345	List: ML15049A346 ML15049A347
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 27254
Download: ML15049A346 (2)

Text

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU February 18, 2015 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 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:

On February 13 and February 17, 2015, the State of New York filed various documents on the Electronic Information Exchange (EIE) of the United States Nuclear Regulatory Commission (USNRC) in connection with the above-referenced proceeding. The State respectfully submits this letter to clarify the nature of the documents that were filed and the contentions to which they relate. The State submitted the following documents, classified by relevant contention number, on the EIE system on February 13, 2015:

Contention NYS-25

1) Motion for Leave to Supplement Previously-Admitted Contention NYS-25

2) Supplement to Previously-Admitted Contention NYS-25

3) Declaration of Dr. Lahey, dated February 12

4) Declaration of AAG Kwong, dated February 13 (w/ 3 attachments)

5) Certificate of Service Joint Contention NYS-38/RK-TC-5 (Filed on behalf of NYS and Riverkeeper)

1) Joint Motion for Leave to Supplement Previously-Admitted Joint Contention NYS-38/RK-TC-5

2) Supplement to Previously-Admitted Joint Contention NYS-38/RK-TC-5 THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 776-2400 FAX (518) 350-9363 WWW.AG.NY.GOV

3) Declaration of Dr. Lahey, dated February 12 (same declaration as submitted for NYS-25 above)

4) Declaration of Dr. Hopenfeld, dated February 12

5) Certificate of Service For each of the two contentions, two complete sets of the documents listed above were filed on February 13: one set was public, with proprietary information redacted, and was served via the EIE's public submission portal; a second complete set included non-public and unredacted documents, and was served via the EIEs non-public submission portal to a limited group of recipients.

On February 17, 2015, in response to a request from Entergys counsel, re-formatted versions of the non-public documents were filed via the EIEs non-public submission portal, along with explanatory cover letters. As explained in those cover letters, these new versions were identical in substance to the previously filed versions, but included new re-formatted versions of the Lahey, Hopenfeld and Kwong Declarations that had cover pages and/or headers indicating that they contained information that had preliminarily been designated as proprietary.

Additionally, at the same time the re-formatted non-public documents were filed on February 17, the State became aware of a potential issue in which one of the ALJs did not appear to have been served by EIE via the non-public submission portal. Accordingly, the State filed a second, duplicate set of the modified non-public documents with respect to joint contention NYS-38/RK-TC-5. (The State also provided an explanatory note in the note section of the EIE initial filing page.) When that second submission did not resolve the problem, the State submitted a letter to the ALJs describing the issue and requesting further direction.

I hope that this letter helps to clarify the States submissions over the last several days, and apologize for any confusion caused by our multiple submissions.

Respectfully submitted, Signed (electronically) by Brian Lusignan Assistant Attorney General (518) 776-2399 Brian.Lusignan@ag.ny.gov CC: (As indicated on attached service list.)

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