ML16050A315
| ML16050A315 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/19/2016 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | State of NY |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 50925 | |
| Download: ML16050A315 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) February 19, 2016 ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
I. Request for Additional Testimony On February 5, 2016, the State of New York (New York) filed a motion seeking leave to file six additional documents as exhibits in this license renewal proceeding.1 The documents include four Westinghouse reports generated in support of the Indian Point license renewal application, one technical paper, and one NRC Staff Inspection Paper.2 Entergy Nuclear Operations, Inc. (Entergy) opposes the admittance of the technical paper on the grounds that New York has failed to establish its relevance, materiality, and reliability through the use of expert testimony or any other means, although it fails to make a similar argument against the 1 State of New York Motion for Leave to File Six Documents as Additional Exhibits (Feb. 5, 2016) [hereinafter NY Motion].
2 NY Motion, attach. 1, New York State List of Attachments and Proposed Exhibit Tables at 2-3 (Feb. 5, 2016).
admissibility of the Westinghouse reports.3 The NRC Staff opposes the admittance of the technical paper as well as the four Westinghouse reports.4 The Board grants New Yorks motion as conditioned by this order. The Board disagrees with New Yorks assertion that [t]he plain language and content of the six documents convey the clear relevance and materiality of the documents to this proceeding.5 It is the opinion of this Board that these exhibits do not speak for themselves, and, as argued by both the Staff and Entergy, require the testimony of an expert witness attesting to their materiality.6 While the Board is sympathetic to New Yorks impetus to file its motion quickly, the lack of testimony with New Yorks submission means, contrary to New Yorks claim that its motion will not . . . delay the proceeding, the Board must now order additional testimony, which will in fact cause delay by at least a month.
Despite the Boards dissatisfaction with New Yorks characterization of its proffered exhibits, the Board feels that ensuring completeness of the record is cause to permit such a delay. As such, the Board directs that New York, the NRC Staff, and Entergy (the Parties) file expert testimony about the relevance, materiality, and reliability of these exhibits. No later than March 4, 2016, New York shall file such expert testimony. Entergy and the NRC Staff shall file their respective expert testimony no later than March 18, 2016. New York may then file reply expert testimony no later than March 25, 2016. Should any Party feel it cannot file testimony by its deadline, such Party should promptly file with the Board a motion for an extension of time establishing good cause for the request.
3 Entergys Answer to State of New Yorks Motion for Leave to File Six Documents as Additional Exhibits (Feb. 16, 2016) [hereinafter Entergy Answer].
4 NRC Staffs Answer to State of New York Motion for Leave to File Six Documents as Additional Exhibits (Feb. 16, 2016) [hereinafter NRC Answer].
5 NY Motion at 4.
6 Staff Answer at 2; Entergy Answer at 9.
II. Suspension of Deadline for Filing Proposed Findings of Fact and Law The deadlines for filing Proposed Findings of Fact and Conclusions of Law, currently set as February 29, 2016, and Replies to Proposed Finds of Fact and Conclusions of Law, currently set as March 30, 2016,7 are suspended pending the filing of the requested testimony. Once the requested testimony has been received, these deadlines will be re-scheduled with at least two weeks notice to the Parties.
III. Closing of the Record At this time, the record in this proceeding remains open. However, the record will be closed within ten days of receipt of the pleadings discussed above, unless within that time, the Board notifies the Parties that it will require additional testimony regarding these six proposed exhibits.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 19, 2016 7 Order (Setting Post-Hearing Briefing Schedule) (Dec. 7, 2015) (unpublished).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR
) and 50-286-LR (Indian Point Nuclear Generating, )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Edward L. Williamson, Esq.
Office of Commission Appellate Adjudication Beth N. Mizuno, Esq.
Mail Stop O-7H4M David E. Roth, Esq.
Washington, DC 20555-0001 Sherwin E. Turk, Esq.
ocaamail@nrc.gov Brian Harris, Esq.
Anita Ghosh, Esq.
U.S. Nuclear Regulatory Commission Christina England, Esq.
Office of the Secretary of the Commission Catherine E. Kanatas, Esq.
Mail Stop O-16C1 Joseph Lindell, Esq.
Washington, DC 20555-0001 John Tibbetts, Paralegal hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop T-3F23 edward.williamson@nrc.gov Washington, DC 20555-0001 beth.mizuno@nrc.gov; sherwin.turk@nrc.gov; brian.harris.@nrc.gov; Lawrence G. McDade, Chair david.roth@nrc.gov; Administrative Judge anita.ghosh@nrc.gov; lawrence.mcdade@nrc.gov christina.england@nrc.gov; catherine.kanatas@nrc.gov; Richard E. Wardwell joseph.lindell@nrc.gov; Administrative Judge john.tibbetts@nrc.gov richard.wardwell@nrc.gov OGC Mail Center Michael F. Kennedy OGCMailCenter@nrc.gov Administrative Judge michael.kennedy@nrc.gov William B. Glew, Jr.
Organization: Entergy Alana Wase, Law Clerk 440 Hamilton Avenue, White Plains, NY 10601 alana.wase@nrc.gov wglew@entergy.com Julie Reynolds-Engel, Law Clerk Julie.Reynolds-Engel@nrc.gov
Docket Nos. 50-247-LR and 50-286-LR ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
Elise N. Zoli, Esq. Bobby Burchfield, Esq.
Goodwin Proctor, LLP Matthew Leland, Esq.
Exchange Place, 53 State Street Emre Ilter, Esq.
Boston, MA 02109 McDermott, Will and Emery LLP ezoli@goodwinprocter.com 500 North Capitol Street NW Washington, DC 20001 Daniel Riesel, Esq. bburchfield@mwe.com Victoria Shiah Treanor, Esq. mleland@mwe.com Adam Stolorow, Esq. eilter@mwe.com Natoya Duncan, Paralegal Counsel for Town of Cortlandt Matthew W. Swinehart, Esq.
Sive, Paget & Riesel, P.C. Covington & Burling LLP 460 Park Avenue 1201 Pennsylvania Avenue, NW New York, NY 10022 Washington, DC 20004 driesel@sprlaw.com; vtreanor@sprlaw.com mswinehart@cov.com astolorow@sprlaw.com; nduncan@sprlaw.com Manna Jo Greene, Environmental Director Kathryn M. Sutton, Esq. Steven C. Filler Paul M. Bessette, Esq. Peter A. Gross Martin J. ONeill, Esq. Hudson River Sloop Clearwater, Inc.
Raphael Kuyler, Esq. 724 Wolcott Ave.
Brooke McGlinn, Esq. Beacon, NY 12508 Grant Eskelsen, Esq. mannajo@clearwater.org; Ryan Lighty, Esq. stephenfiller@gmail.com; Lesa G. Williams-Richardson, Legal Secretary peter@clearwater.org Doris Calhoun, Legal Secretary Mary Freeze, Legal Secretary Andrew Reid, Esq.
Morgan, Lewis & Bockius, LLP Organization: Hudson River Sloop 1111 Pennsylvania Avenue, NW Clearwater, Inc.
Washington, DC 20004 Ved Nanda Center for International and ksutton@morganlewis.com Comparative Law martin.oneill@morganlewis.com 1075 Waite Drive rkuyler@morganlewis.com; Boulder, CO 80303 lescher@morganlewis.com lawyerreid@gmail.com bmcglinn@morganlewis.com sraimo@morganlewis.com geskelsen@morganlewis.com Richard Webster, Esq.
rlighty@morganlewis.com Public Justice, P.C.
lrichardson@morganlewis.com For Hudson River Sloop Clearwater, Inc.
dcalhoun@morganlewis.com 1825 K Street, NW, Suite 200 mfreeze@morganlewis.com Washington, D.C. 20006 rwebster@publicjustice.net Melissa-Jean Rotini, Esq.
Assistant County Attorney Michael J. Delaney, Esq.
Office of Robert F. Meehan, Director, Energy Regulatory Affairs Westchester County Attorney NYC Department of Environmental Protection 148 Martine Avenue, 6th Floor 59-17 Junction Boulevard White Plains, NY 10601 Flushing, NY 11373 mjr1@westchestergov.com mdelaney@dep.nyc.gov 2
Docket Nos. 50-247-LR and 50-286-LR ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
Robert D. Snook, Esq. John J. Sipos, Esq.
Assistant Attorney General Lisa S. Kwong, Esq.
Office of the Attorney General Brian Lusignan, Esq.
State of Connecticut Mihir Desai, Esq.
55 Elm Street Assistant Attorneys General P.O. Box 120 Teresa Manzi, Legal Assistant Hartford, CT 06141-0120 Siobahn Blank, Legal Assistant robert.snook@po.state.ct.us Office of the Attorney General of the State of New York The Capitol, State Street David A. Repka, Esq. Albany, New York 12224 Victoria Hsia, Esq. john.sipos@ag.ny.gov Carlos L. Sisco, Paralegal lisa.kwong@ag.ny.gov Winston & Strawn brian.lusignan@ag.ny.gov 1701 K Street NW mihir.desai@ag.ny.gov Washington, DC 20006 teresa.manzi@ag.ny.gov drepka@winston.com siobahn.blank@ag.ny.gov vhsia@winston.com CSisco@winston.com Kathryn M. DeLuca, Esq.
Paul Gallay, Esq. Laura Heslin, Esq.
Deborah Brown Assistant Attorneys General Ramona Cearley, Secretary Office of the Attorney General Riverkeeper, Inc. of the State of New York 20 Secor Road 120 Broadway, 26th Floor Ossining, NY 10562 New York, New York 10271 pgallay@riverkeeper.org kathryn.deluca@ag.ny.gov dbrown@riverkeeper.org laura.heslin@ag.ny.gov rcearley@riverkeeper.org Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 smurray@villageofbuchanan.com administrator@villageofbuchanan.com
[Original signed by Brian Newell ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 19th day of February, 2016 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket Nos. 50-247-LR and 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating Units 2 and 3) February 19, 2016 ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
I. Request for Additional Testimony On February 5, 2016, the State of New York (New York) filed a motion seeking leave to file six additional documents as exhibits in this license renewal proceeding.1 The documents include four Westinghouse reports generated in support of the Indian Point license renewal application, one technical paper, and one NRC Staff Inspection Paper.2 Entergy Nuclear Operations, Inc. (Entergy) opposes the admittance of the technical paper on the grounds that New York has failed to establish its relevance, materiality, and reliability through the use of expert testimony or any other means, although it fails to make a similar argument against the 1 State of New York Motion for Leave to File Six Documents as Additional Exhibits (Feb. 5, 2016) [hereinafter NY Motion].
2 NY Motion, attach. 1, New York State List of Attachments and Proposed Exhibit Tables at 2-3 (Feb. 5, 2016).
admissibility of the Westinghouse reports.3 The NRC Staff opposes the admittance of the technical paper as well as the four Westinghouse reports.4 The Board grants New Yorks motion as conditioned by this order. The Board disagrees with New Yorks assertion that [t]he plain language and content of the six documents convey the clear relevance and materiality of the documents to this proceeding.5 It is the opinion of this Board that these exhibits do not speak for themselves, and, as argued by both the Staff and Entergy, require the testimony of an expert witness attesting to their materiality.6 While the Board is sympathetic to New Yorks impetus to file its motion quickly, the lack of testimony with New Yorks submission means, contrary to New Yorks claim that its motion will not . . . delay the proceeding, the Board must now order additional testimony, which will in fact cause delay by at least a month.
Despite the Boards dissatisfaction with New Yorks characterization of its proffered exhibits, the Board feels that ensuring completeness of the record is cause to permit such a delay. As such, the Board directs that New York, the NRC Staff, and Entergy (the Parties) file expert testimony about the relevance, materiality, and reliability of these exhibits. No later than March 4, 2016, New York shall file such expert testimony. Entergy and the NRC Staff shall file their respective expert testimony no later than March 18, 2016. New York may then file reply expert testimony no later than March 25, 2016. Should any Party feel it cannot file testimony by its deadline, such Party should promptly file with the Board a motion for an extension of time establishing good cause for the request.
3 Entergys Answer to State of New Yorks Motion for Leave to File Six Documents as Additional Exhibits (Feb. 16, 2016) [hereinafter Entergy Answer].
4 NRC Staffs Answer to State of New York Motion for Leave to File Six Documents as Additional Exhibits (Feb. 16, 2016) [hereinafter NRC Answer].
5 NY Motion at 4.
6 Staff Answer at 2; Entergy Answer at 9.
II. Suspension of Deadline for Filing Proposed Findings of Fact and Law The deadlines for filing Proposed Findings of Fact and Conclusions of Law, currently set as February 29, 2016, and Replies to Proposed Finds of Fact and Conclusions of Law, currently set as March 30, 2016,7 are suspended pending the filing of the requested testimony. Once the requested testimony has been received, these deadlines will be re-scheduled with at least two weeks notice to the Parties.
III. Closing of the Record At this time, the record in this proceeding remains open. However, the record will be closed within ten days of receipt of the pleadings discussed above, unless within that time, the Board notifies the Parties that it will require additional testimony regarding these six proposed exhibits.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 19, 2016 7 Order (Setting Post-Hearing Briefing Schedule) (Dec. 7, 2015) (unpublished).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR
) and 50-286-LR (Indian Point Nuclear Generating, )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Edward L. Williamson, Esq.
Office of Commission Appellate Adjudication Beth N. Mizuno, Esq.
Mail Stop O-7H4M David E. Roth, Esq.
Washington, DC 20555-0001 Sherwin E. Turk, Esq.
ocaamail@nrc.gov Brian Harris, Esq.
Anita Ghosh, Esq.
U.S. Nuclear Regulatory Commission Christina England, Esq.
Office of the Secretary of the Commission Catherine E. Kanatas, Esq.
Mail Stop O-16C1 Joseph Lindell, Esq.
Washington, DC 20555-0001 John Tibbetts, Paralegal hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop T-3F23 edward.williamson@nrc.gov Washington, DC 20555-0001 beth.mizuno@nrc.gov; sherwin.turk@nrc.gov; brian.harris.@nrc.gov; Lawrence G. McDade, Chair david.roth@nrc.gov; Administrative Judge anita.ghosh@nrc.gov; lawrence.mcdade@nrc.gov christina.england@nrc.gov; catherine.kanatas@nrc.gov; Richard E. Wardwell joseph.lindell@nrc.gov; Administrative Judge john.tibbetts@nrc.gov richard.wardwell@nrc.gov OGC Mail Center Michael F. Kennedy OGCMailCenter@nrc.gov Administrative Judge michael.kennedy@nrc.gov William B. Glew, Jr.
Organization: Entergy Alana Wase, Law Clerk 440 Hamilton Avenue, White Plains, NY 10601 alana.wase@nrc.gov wglew@entergy.com Julie Reynolds-Engel, Law Clerk Julie.Reynolds-Engel@nrc.gov
Docket Nos. 50-247-LR and 50-286-LR ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
Elise N. Zoli, Esq. Bobby Burchfield, Esq.
Goodwin Proctor, LLP Matthew Leland, Esq.
Exchange Place, 53 State Street Emre Ilter, Esq.
Boston, MA 02109 McDermott, Will and Emery LLP ezoli@goodwinprocter.com 500 North Capitol Street NW Washington, DC 20001 Daniel Riesel, Esq. bburchfield@mwe.com Victoria Shiah Treanor, Esq. mleland@mwe.com Adam Stolorow, Esq. eilter@mwe.com Natoya Duncan, Paralegal Counsel for Town of Cortlandt Matthew W. Swinehart, Esq.
Sive, Paget & Riesel, P.C. Covington & Burling LLP 460 Park Avenue 1201 Pennsylvania Avenue, NW New York, NY 10022 Washington, DC 20004 driesel@sprlaw.com; vtreanor@sprlaw.com mswinehart@cov.com astolorow@sprlaw.com; nduncan@sprlaw.com Manna Jo Greene, Environmental Director Kathryn M. Sutton, Esq. Steven C. Filler Paul M. Bessette, Esq. Peter A. Gross Martin J. ONeill, Esq. Hudson River Sloop Clearwater, Inc.
Raphael Kuyler, Esq. 724 Wolcott Ave.
Brooke McGlinn, Esq. Beacon, NY 12508 Grant Eskelsen, Esq. mannajo@clearwater.org; Ryan Lighty, Esq. stephenfiller@gmail.com; Lesa G. Williams-Richardson, Legal Secretary peter@clearwater.org Doris Calhoun, Legal Secretary Mary Freeze, Legal Secretary Andrew Reid, Esq.
Morgan, Lewis & Bockius, LLP Organization: Hudson River Sloop 1111 Pennsylvania Avenue, NW Clearwater, Inc.
Washington, DC 20004 Ved Nanda Center for International and ksutton@morganlewis.com Comparative Law martin.oneill@morganlewis.com 1075 Waite Drive rkuyler@morganlewis.com; Boulder, CO 80303 lescher@morganlewis.com lawyerreid@gmail.com bmcglinn@morganlewis.com sraimo@morganlewis.com geskelsen@morganlewis.com Richard Webster, Esq.
rlighty@morganlewis.com Public Justice, P.C.
lrichardson@morganlewis.com For Hudson River Sloop Clearwater, Inc.
dcalhoun@morganlewis.com 1825 K Street, NW, Suite 200 mfreeze@morganlewis.com Washington, D.C. 20006 rwebster@publicjustice.net Melissa-Jean Rotini, Esq.
Assistant County Attorney Michael J. Delaney, Esq.
Office of Robert F. Meehan, Director, Energy Regulatory Affairs Westchester County Attorney NYC Department of Environmental Protection 148 Martine Avenue, 6th Floor 59-17 Junction Boulevard White Plains, NY 10601 Flushing, NY 11373 mjr1@westchestergov.com mdelaney@dep.nyc.gov 2
Docket Nos. 50-247-LR and 50-286-LR ORDER (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)
Robert D. Snook, Esq. John J. Sipos, Esq.
Assistant Attorney General Lisa S. Kwong, Esq.
Office of the Attorney General Brian Lusignan, Esq.
State of Connecticut Mihir Desai, Esq.
55 Elm Street Assistant Attorneys General P.O. Box 120 Teresa Manzi, Legal Assistant Hartford, CT 06141-0120 Siobahn Blank, Legal Assistant robert.snook@po.state.ct.us Office of the Attorney General of the State of New York The Capitol, State Street David A. Repka, Esq. Albany, New York 12224 Victoria Hsia, Esq. john.sipos@ag.ny.gov Carlos L. Sisco, Paralegal lisa.kwong@ag.ny.gov Winston & Strawn brian.lusignan@ag.ny.gov 1701 K Street NW mihir.desai@ag.ny.gov Washington, DC 20006 teresa.manzi@ag.ny.gov drepka@winston.com siobahn.blank@ag.ny.gov vhsia@winston.com CSisco@winston.com Kathryn M. DeLuca, Esq.
Paul Gallay, Esq. Laura Heslin, Esq.
Deborah Brown Assistant Attorneys General Ramona Cearley, Secretary Office of the Attorney General Riverkeeper, Inc. of the State of New York 20 Secor Road 120 Broadway, 26th Floor Ossining, NY 10562 New York, New York 10271 pgallay@riverkeeper.org kathryn.deluca@ag.ny.gov dbrown@riverkeeper.org laura.heslin@ag.ny.gov rcearley@riverkeeper.org Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 smurray@villageofbuchanan.com administrator@villageofbuchanan.com
[Original signed by Brian Newell ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 19th day of February, 2016 3