ML15307A810

NRC Motion for Leave to File Exhibit Correcting Pre-filed Testimony

ML15307A810
Person / Time
Site:	Indian Point
Issue date:	11/03/2015
From:	Roth D NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 28467
Download: ML15307A810 (4)

Text

November 3, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/ 50-286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFFS MOTION FOR LEAVE TO FILE EXHIBIT CORRECTING PREFILED TESTIMONY INTRODUCTON Pursuant to 10 C.F.R. § 2.323(a), the Staff of the Nuclear Regulatory Commission (Staff) hereby requests that the Atomic Safety and Licensing Board (Board) to permit the Staff to file an exhibit correcting the prefiled NRC Staff Testimony of Dr. Allen Hiser, Dr. Ching Ng, Mr. Gary Stevens, P.E., and Mr. On Yee, Concerning Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5 (Ex. NRC000168) (August 10, 2015) and NRC Staff Testimony of Dr. Allen Hiser, Jeffrey Poehler, and Gary Stevens on NYS-25 and NYS-38/RK-TC-5 (Ex. NRC000197)

(August 10, 2015). The proposed corrections are tabulated in Ex. NRC000230, which is being filed along with this motion. Permitting the corrections in this manner would alleviate the need for the Staff to correct its testimony orally during the upcoming Track 2 hearings.

Prior to making this request, the Staff consulted with the other parties.1 Entergy does 1

The Staff previously informed the Board and parties of its intent to file a new exhibit new exhibit composed of Section 3.0.3.2.18 of NUREG-2101, pending completion of consultation with New York.

See NRC Staffs 45th Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012, at 2-3 (November 2, 2015). Through consultations with New York, the Staff concluded that a new excerpt from NUREG-2101 was not needed.

2 not oppose the corrections. Riverkeeper and New York do not oppose the corrections to Ex.

NRC000168, but do oppose the single correction to Ex. NRC000197 (correcting Three-loop to Four-loop). Their opposition is based on timeliness, asserting that New York raised the error previously on September 9, 2015. While the Staff recognizes the parties concern over timeliness, there simply is no rational basis for requiring the Staff, or any party, to go to hearing with pre-filed testimony that the party no longer believes is correct.

CONCLUSION For the foregoing reasons, the Staff respectfully requests that the Board grant the Staffs motion to file an exhibit tabulating corrections to the Staffs prefiled testimony.

Respectfully submitted

/Signed Electronically by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 3rd day of November 2013

3 CERTIFICATION OF COUNSEL In accordance with 10 C.F.R. § 2.323(b) Counsel for the Staff certifies that he has made a sincere effort to contact other parties in the proceeding, to explain to them the factual and legal issues raised in this motion, and to resolve those issues, and further certifies that his efforts to resolve the issues have been partially successful as stated above.

Respectfully submitted,

/Signed (electronically) by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 3rd day of November 2015

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/ 50-286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing NRC STAFFS MOTION FOR LEAVE TO FILE EXHIBIT CORRECTING PREFILED TESTIMONY and NRC000230 CORRECTIONS TO NRC PREFILED TESTIMONY dated November 3, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 3rd day of November, 2015.

/Signed (electronically) by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov

November 3, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/ 50-286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFFS MOTION FOR LEAVE TO FILE EXHIBIT CORRECTING PREFILED TESTIMONY INTRODUCTON Pursuant to 10 C.F.R. § 2.323(a), the Staff of the Nuclear Regulatory Commission (Staff) hereby requests that the Atomic Safety and Licensing Board (Board) to permit the Staff to file an exhibit correcting the prefiled NRC Staff Testimony of Dr. Allen Hiser, Dr. Ching Ng, Mr. Gary Stevens, P.E., and Mr. On Yee, Concerning Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5 (Ex. NRC000168) (August 10, 2015) and NRC Staff Testimony of Dr. Allen Hiser, Jeffrey Poehler, and Gary Stevens on NYS-25 and NYS-38/RK-TC-5 (Ex. NRC000197)

(August 10, 2015). The proposed corrections are tabulated in Ex. NRC000230, which is being filed along with this motion. Permitting the corrections in this manner would alleviate the need for the Staff to correct its testimony orally during the upcoming Track 2 hearings.

Prior to making this request, the Staff consulted with the other parties.1 Entergy does 1

The Staff previously informed the Board and parties of its intent to file a new exhibit new exhibit composed of Section 3.0.3.2.18 of NUREG-2101, pending completion of consultation with New York.

See NRC Staffs 45th Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012, at 2-3 (November 2, 2015). Through consultations with New York, the Staff concluded that a new excerpt from NUREG-2101 was not needed.

2 not oppose the corrections. Riverkeeper and New York do not oppose the corrections to Ex.

NRC000168, but do oppose the single correction to Ex. NRC000197 (correcting Three-loop to Four-loop). Their opposition is based on timeliness, asserting that New York raised the error previously on September 9, 2015. While the Staff recognizes the parties concern over timeliness, there simply is no rational basis for requiring the Staff, or any party, to go to hearing with pre-filed testimony that the party no longer believes is correct.

CONCLUSION For the foregoing reasons, the Staff respectfully requests that the Board grant the Staffs motion to file an exhibit tabulating corrections to the Staffs prefiled testimony.

Respectfully submitted

/Signed Electronically by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 3rd day of November 2013

3 CERTIFICATION OF COUNSEL In accordance with 10 C.F.R. § 2.323(b) Counsel for the Staff certifies that he has made a sincere effort to contact other parties in the proceeding, to explain to them the factual and legal issues raised in this motion, and to resolve those issues, and further certifies that his efforts to resolve the issues have been partially successful as stated above.

Respectfully submitted,

/Signed (electronically) by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov Dated at Rockville, Maryland this 3rd day of November 2015

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/ 50-286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing NRC STAFFS MOTION FOR LEAVE TO FILE EXHIBIT CORRECTING PREFILED TESTIMONY and NRC000230 CORRECTIONS TO NRC PREFILED TESTIMONY dated November 3, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 3rd day of November, 2015.

/Signed (electronically) by/

David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2749 E-mail: David.Roth@nrc.gov