ML15188A048
| ML15188A048 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/01/2015 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-247-LA, ASLBP 15-942-06-LA-BD01, NRC-1708, RAS 28032 | |
| Download: ML15188A048 (14) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Entergy Nuclear Operations, Inc.
Docket Number: 50-247-LA ASLBP Number: 15-942-06-LA-BD01 Location: Teleconference Date: July 1, 2015 Work Order No.: NRC-1708 Pages 1-13 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +
4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 + + + + +
6 SCHEDULING TELECONFERENCE CALL 7 ----------------------x 8 In the Matter of: :
9 ENTERGY NUCLEAR : Docket No. 50-247-LA 10 OPERATIONS, INC. : ASLBP No. 15-942-06-LA-BD01 11 (Indian Point Nuclear :
12 Generating Station, :
13 Unit 2) :
14 ----------------------x 15 Wednesday, July 1, 2015 16 17 Teleconference 18 19 BEFORE:
20 E. ROY HAWKENS, Chairman 21 DR. GARY S. ARNOLD, Administrative Judge 22 DR. SUE H. ABREU, Administrative Judge 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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2 1 APPEARANCES:
2 3 On Behalf of Entergy Nuclear Operations, Inc.
4 Paul M. Bessette, Esq.
5 of: Morgan, Lewis & Bockius, LLP 6 1111 Pennsylvania Avenue, N.W.
7 Washington, DC 20004 8 202-739-5796 9 pbessette@morganlewis.com 10 11 Martin O'Neill, Esq.
12 of: Morgan, Lewis & Bockius, LLP 13 1000 Louisiana Street 14 Suite 4000 15 Houston, TX 77002 16 713-890-5710 17 martin.oneill@morganlewis.com 18 19 On Behalf of the Nuclear Regulatory Commission 20 Sherwin E. Turk, Esq.
21 Anita Ghosh, Esq.
22 Brian G. Harris, Esq.
23 of: U.S. Nuclear Regulatory Commission 24 Office of the General Counsel 25 Mail Stop O-15D21 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 Washington, DC 20555-0001 2 301-415-1533 (Turk) 3 301-415-4113 (Ghosh) 4 301-415-1392 (Harris) 5 sherwin.turk@nrc.gov 6 anita.ghosh@nrc.gov 7 brian.harris@nrc.gov 8
9 On Behalf of the State of New York 10 John J. Sipos, Esq.
11 Assistant Attorney General 12 Office of the Attorney General of the State of 13 New York 14 The Capitol 15 Albany, NY 12224-0341 16 518-402-2251 17 john.sipos@ag.ny.gov 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4 1 P R O C E E D I N G S 2 1:04 p.m.
3 MR. HAWKENS: My name is Roy Hawkens. I'm 4 the License Board Chairman in this case which is 5 entitled, Entergy Nuclear Operations, Incorporated, 6 Indian Point Nuclear Generating Station, Unit 2.
7 Docket number 50-247-LA.
8 Dr. Gary Arnold and Dr. Sue Abreu are also 9 Board Members who are joining me today. Judge Arnold 10 is here with me in Rockville. Judge Abreu is 11 participating by telephone from North Carolina.
12 Board's Law Clerk, Alana Wase is also with 13 us here in Rockville as is the Board's Administrative 14 Assistant Karen Valloch.
15 Would counsel for the parties please 16 introduce themselves for the record starting with New 17 York.
18 MR. SIPOS: Good afternoon, Your Honors.
19 My name is John Sipos. S-I-P as in Paul O-S as in 20 Sam, Assistant Attorney General for the State of New 21 York.
22 MR. HAWKENS: Thank you, Mr. Sipos.
23 Entergy?
24 MR. BESSETTE: Yes, Your Honor. This is 25 Paul Bessette. I'm an attorney at the Morgan, Lewis NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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5 1 & Bockius representing Entergy on this matter. Also 2 on the line, I'm in Washington, D.C., also on the line 3 is my colleague Martin O'Neill, also from Morgan, 4 Lewis and he is in Houston.
5 MR. HAWKENS: Thank you, Mr. Bessette. NRC 6 staff?
7 MR. TURK: Good afternoon, Your Honor.
8 This is Sherwin Turk. Joining me today is Anita 9 Ghosh, G-H-O-S-H and also on the telephone from a 10 separate location is Brian Harris.
11 MR. HAWKENS: Thank you, Mr. Turk.
12 The Licensing Board has read the pleadings 13 submitted by the party and we determined that we would 14 benefit by oral argument in resolving the 15 admissibility of New York's contentions and so the 16 purpose of this pre-hearing telephone conference is as 17 we indicated in a prior order to determine both the 18 location and the date of an oral argument.
19 Starting with location, the Board is 20 willing to hold it by teleconference unless all the 21 parties would be willing to come to the Rockville 22 Hearing Room. So, with that in mind, let me start 23 with New York and ask Mr. Sipos, do you have a 24 preference as far as either presenting argument in 25 person in the Rockville Hearing Room or presenting NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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6 1 argument by teleconference?
2 MR. SIPOS: Thank you, Your Honor. This is 3 John Sipos. The State ordinarily would prefer to 4 conduct such an argument in person but would in this 5 situation and if it is to be held in person would be 6 willing to come to Rockville. But in this situation 7 the State would also be willing to conduct or 8 participate in the oral argument by phone.
9 MR. HAWKENS: Thank you, Mr. Sipos. Are 10 you neutral then on the issue of location? Do you 11 have a preference? Sometimes a petitioner lacks 12 funding for travel purposes, lodging purposes and if 13 that's the case if New York has difficulties in that 14 regard we'll acknowledge them and accommodate them.
15 MR. SIPOS: Thank you, Your Honor. The 16 State would not have any restrictions in that regard 17 regarding travel or lodging. And so depending on 18 availability of counsel the State would be willing to 19 have a representative travel to Rockville.
20 MR. HAWKENS: Thank you very much.
21 Mr. Bessette, does Entergy have a 22 preference regarding appearing in Rockville as opposed 23 to telephone oral argument?
24 MR. BESSETTE: No, Your Honor, we don't 25 have a preference. As I'm located in Washington, I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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7 1 could easily attend and my colleague, Martin O'Neill, 2 would join me and he could travel as well. We would 3 also likely have a client with us but they're located 4 in New York so they could travel as well. So, either 5 option would work well for us, Your Honor.
6 MR. HAWKENS: Thank you. And, of course, 7 your clients could appear with you and oral argument 8 would be open to public as your know, Mr. Bessette, 9 so --
10 MR. BESSETTE: Yes.
11 MR. HAWKENS: -- that would not be a 12 problem.
13 Let's here now from Mr. Turk.
14 MR. TURK: Your Honor, we have no 15 preference.
16 MR. HAWKENS: All right. Thank you.
17 The preference of the Board if everybody 18 is willing and able to appear in person, our 19 preference would be to talk to you eyeball to eyeball.
20 So, for present let's assume that the oral argument 21 will be here in the Rockville Hearing Room and let's 22 now turn to potential dates.
23 And let's here first from Mr. Sipos about 24 dates in July and August you would available to come 25 and I should mention I don't anticipate this would be NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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8 1 a lengthy argument. If was contemplating would be no 2 more than two hours in length.
3 MR. SIPOS: Thank you, Your Honor. This is 4 John Sipos.
5 Your Honor, New York has two 6 representatives in this proceeding who have entered 7 notices of appearance. One is me. The other is my 8 colleague Brian Lusignan who is out of the office and 9 out of the country today but will be returning. And 10 our schedules are such that, I believe, one of us 11 would be generally available. We do have some 12 restrictions. I will be myself out of the country for 13 approximately three weeks in July but Mr. Lusignan 14 will be returning tomorrow and has some limitations, 15 some previous commitments but I believe that the 16 State could cover July and I'm just checking his notes 17 regarding August. I think there is general 18 availability including the first week of August and it 19 looks like the second week as well.
20 MR. HAWKENS: Let me summarize that, my 21 understanding of what you just said, Mr. Sipos.
22 You're going to be absent the first three 23 weeks in July but your colleague would be available 24 throughout the month of July generally?
25 MR. SIPOS: Yes, there are some dates where NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 1 is limited. I note the 9th and the 31st of July and 2 there are a couple of time blocks on certain dates 3 that he would not be available but we could discuss 4 those. I'm happy to discuss those now or whenever 5 Your Honor believes would be appropriate. I'm out of 6 the country from the 8th to the 30th.
7 MR. HAWKENS: All right. And when is the 8 soonest in July do you think your colleague would be 9 prepared to make an oral presentation?
10 MR. SIPOS: I'm just looking right now.
11 The week of the 13th is clear except for there's two 12 segments on Mondays and Fridays that he has a standing 13 commitment. But that week looks open and also --
14 well, the 9th is out as I said so I think that might 15 make that week complicated.
16 So, my proposal right now or response to 17 your question, Your Honor, is week of the 13th.
18 MR. HAWKENS: That would be the earliest.
19 Okay.
20 MR. SIPOS: Right.
21 MR. HAWKENS: The 9th is already out but 22 that's before the week of the 13th and you said the 23 31st there may be scheduling problems for a portion of 24 the day.
25 MR. SIPOS: Yes. He is blocked out on the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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10 1 9th and the 31st and then on Mondays there's an hour 2 right before lunch and on Friday there's an hour right 3 at lunch time. But other than that --
4 MR. HAWKENS: All right.
5 MR. SIPOS: --it's the 9th and the 31st 6 for Mr. Lusignan.
7 MR. HAWKENS: Thank you.
8 Mr. Bessette. Oh and as for August you 9 indicated availability generally the first week and 10 the second week, Mr. Sipos?
11 MR. SIPOS: Yes, that's Monday the 3rd --
12 the week of Monday the 3rd and the week of Monday the 13 10th.
14 MR. HAWKENS: All right. Thank you.
15 Mr. Bessette, your availability in July 16 and August, please.
17 MR. BESSETTE: Yes, Your Honor. There's a 18 conflict on July 8th due to client unavailability.
19 And most of my legal team is preparing for another 20 matter the week -- the first part of the week of the 21 13th, 13th, 14th and 15th. So, we are out of the 22 office those days.
23 Other than the 8th and the week of the 24 13th we are generally available for the rest of July 25 and August looks fine as well.
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11 1 MR. HAWKENS: Terrific. Thank you, Mr.
2 Bessette.
3 Mr. Turk? Availability of the NRC Staff 4 in July and August, please.
5 MR. TURK: Thank you, Your Honor. Except 6 for a few hours here or there the only time we would 7 like to reserve for not being present at argument 8 would be the week of August 9th to the 15th. That's 9 Sunday to Saturday. I'll be out of town that week.
10 And Ms. Ghosh will be out of town the last two weeks 11 of August, the week of August 23rd and August 30th.
12 Otherwise, you know, rather than worry about an h our 13 here, an hour there those are really the times that we 14 would have problems.
15 MR. HAWKENS: Right. And let me summarize 16 my understanding of what you said.
17 July is reasonably open. August 9th to 18 the 15th you would not be available and it sounds like 19 the last two weeks in August Ms. Ghosh would not be 20 available?
21 MR. TURK: Correct. Let me add two dates 22 to this, but, Your Honor, you did summarize correctly 23 what I had said.
24 I would also probably not be available on 25 Friday the 17th of July or Monday the 27th of July.
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12 1 MR. HAWKENS: The 17th and the 27th of July 2 you'd be unavailable. All right.
3 Good. Okay. Well, thank you for that 4 information. I'm going to need to now after we're 5 done with the conference call the Board Members, our 6 Licensing Clerk and our Admin Assistant will take a 7 look at the day in which all parties are available and 8 come up with a day. As I indicated it will not be a 9 lengthy argument. We will endeavor not to schedule it 10 on a Monday or a Friday also if possible.
11 After making that determination we'll 12 issue a scheduling order that will indicate order of 13 appearances, amount of time for presentation and any 14 specific topics the board may wish a participant to 15 focus on. And we will endeavor to get that order out 16 either tomorrow, if not tomorrow, first thing next 17 week.
18 Are there any additional matters that any 19 of the participants wish to discuss or bring up?
20 New York?
21 MR. SIPOS: Thank you, Your Honor. Not at 22 this time.
23 MR. HAWKENS: Thank you, Mr. Bessette?
24 MR. BESSETTE: No, Your Honor, thank you.
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13 1 MR. HAWKENS: Thank you. Mr. Turk?
2 MR. TURK: Nothing for the staff at this 3 time, Your Honor.
4 MR. HAWKENS: All right. I'd ask that the 5 participants stay on the line after we adjourn in the 6 event the Court Reporter, Mr. Walter, has any 7 questions for them.
8 And with that, I'll terminate the pre-9 hearing conference from the Licensing Board's 10 perspective and we're adjourned.
11 Thank you very much.
12 (Whereupon, the above-entitled matter went 13 off the record at 1:19 p.m.)
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