ML13011A396

Entergy and the State of New York Joint Motion for Leave to File Additional Hearing Exhibits

ML13011A396
Person / Time
Site:	Indian Point
Issue date:	01/11/2013
From:	O'Neill M Entergy Services, Morgan, Morgan, Lewis & Bockius, LLP, State of NY, Office of the Attorney General, Entergy Nuclear Operations
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 24008, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR
Download: ML13011A396 (8)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-247-LR and

) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )

)

(Indian Point Nuclear Generating Units 2 and 3) )

) January 11, 2013 ENTERGY AND THE STATE OF NEW YORK JOINT MOTION FOR LEAVE TO FILE ADDITIONAL HEARING EXHIBITS I. INTRODUCTION In accordance with 10 C.F.R. § 2.323(a), and the Atomic Safety and Licensing Board's

("Board") direction during th e December 13, 2012 evidentiary hearing, Entergy Nuclear Operations, Inc. ("Entergy") and the State of New York ("the State") jointly request leave to file the following additional hearing exhi bits: ENT000602 to ENT000605 and NYS000473, respectively. In addition, both parties are filing revised exhibit lists (ENTR11001 and NYSR21001) that reflect the submi ssion of these additional exhibits.

1 As explained below, good cause exists for the submittal of these additional exhibits. The documents are relevant to, and encompassed by, discussions that occurred during the recent evidentiary hearings on Track 1 contentions NYS-5, NYS-6/7, and NYS-37. The Board's admission of these exhibits will not result in harm to any other pa rty, will not cause any delay in the proceeding, and is otherwise in the public interest. Entergy and the State agreed to submit this Joint Motion pursuant to the parties' consultations under 10 C.F.R. § 2.323(b). They also

1 This Joint Motion is accompanied by Entergy's and the State's proposed new exhibits as well as Entergy's revised exhibit list. NYS will file its revised exhibit list under separate cover at a later date.

2 consulted with the other parties to this proceeding-Riverkeeper, Clearwater, and the NRC Staff-and those parties do not oppose the Joint Motion.

II. ARGUMENT The Board has indicated that, to the extent relevant documents are identified prior to the closure of the hearing record, such documents may be proffered as new exhibits.

2 As set forth in Attachment 1 to this Joint Motion, Entergy Exhibits ENT000602 to ENT000605 and

NYS000473 are relevant to the discussions th at occurred during the November 28, 2012 and December 10-12, 2012 evidentiary hearings and thus will augment the hearing record.

3 A. Proposed Entergy Exhibits ENT000602 to ENT000605 Counsel for Entergy proposed to submit the four additional Entergy exhibits during the December 12, 2012 hearing session, 4 because the documents are directly relevant to the Board's and parties' discussion of (1) the NRC's 10 C.

F.R. § 50.59 processes and Entergy's application of those processes at IPEC (including the Process Applicability Determination, or PAD, process), 5 and (2) Entergy's soil testing protocols.

6 Specifically, ENT000602 and ENT000603 contain Entergy's procedures for performing Section 50.59 screens and evaluations.

ENT000604 is a publicly-available report documenting the NRC's most recent inspection of Entergy's Section 50.59 records and processes as implemented at Indian Point. Finally, ENT000605 is previously-disclosed June 2012 lab report that documents certain Indian Point soil analysis results. These new exhibits are reflect ed in Entergy's revised exhibit list (ENTR11001).

2 See Tr. at 4484-85 (Dec. 13, 2012) (stating that the record should remain open until findings of fact and conclusions of law are submitted, in case any party "would want to either supplement or correct the record").

3 As reflected in Attachment 1, Entergy also views Exhibits ENT000602, ENT000603, and ENT000604 as being potentially relevant to certain Track 2 contentions.

4 See Tr. at 3986-87 (Dec. 12, 2012).

5 See , e.g., Tr. at 3334-3337, 3356, 3338-3404, 3470-73, 3649-3666, 3942-43, 3966-70.

6 See, e.g., Tr. at 3718-19, 3958-59.

3 B. Proposed New York State Exhibit NYS000473 Counsel for the State of New York proposed to submit an additional document that came

to the attention of the State and its witness following the November 28, 2012 evidentiary hearing in Rockville, Maryland. The proposed exhibit is a article by Emily Meredith and Alex Benedetto that appeared in the November 26, 2012 edition of Nuclear Intelligence Weekly (NIW) and is entitled "United States: Glum Economics Skewer Plans for Nuclear Uprates." The article discusses further energy demand projections in the wake of the recen t financial recession. During the November 28, 2012 evidentiary hearing, the Atomic Safety and Licensing Board and Mr. Bradford had a colloquy about future energy use projections in the wake of recent reductions in previously-anticipated use and revised projections.

7 The NIW article, with exhibit marker NYS000473 and a copyright notice, accompanies this filing.

8 III. CONCLUSION For the foregoing reasons, the Board should admit Exhibits ENT000602 to ENT000605 and NYS000473 into evidence.

9 The documents are relevant to testimony proffered at hearing, will contribute to the development of a sound record, may assist the Board in reaching its decisions on the merits, and will not cause undue delay or prejudice to any party.

7 See, e.g., Tr. at 3205-08 (Nov. 28, 2012).

8 When Mr. Bradford returned home after the hearing and other subsequent meetings, he reviewed the article and called it to the attention of the State's attorneys. The State then obtained a copy of the article from the publisher and disclosed it to the parties

. 9 Entergy and the State do not intend to revise their testimony or statements of position as a result of the submittal of these additional exhibits. However, if the Board admits the new exhibits into evidence, the parties may appropriately reference them in their respective proposed findings of fact and conclusions of law.

4 Respectfully submitted, Executed in accord with 10 C.F.R. § 2.304(d) Signed (electronically) by Martin J. O'Neill William B. Glew, Jr., Esq. Kathryn M. Sutton, Esq. William C. Dennis, Esq. Paul M. Bessette, Esq.

ENTERGY SERVICES, INC. MORGAN, LEWIS & BOCKIUS LLP 440 Hamilton Avenue 1111 Pennsylvania Avenue, N.W.

White Plains, NY 10601 Washington, D.C. 20004 Phone: (914) 272-3202 Phone: (202) 739-5738 E-mail: wglew@entergy.com E-mail: ksutton@morganlewis.com E-mail: wdennis@entergy.com E-mail: pbessette@morganlewis.com

Martin J. O'Neill, Esq.

MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Phone: (713) 890-5710 Fax: (713) 890-5001 E-mail: martin.oneill@morganlewis.com Counsel for Entergy Nuclear Operations, Inc.

John J. Sipos, Esq. Office of the New York State Attorney General State Capitol, NY 12224

Phone: (518) 402-2251

Fax: (518) 473-2534 E-mail: john.sipos@ag.ny.gov

Counsel for the State of New York Dated in Washington, D.C.

this 11th day of January 2013 Entergy Exhibit #

Relevant Contentions Exhibit Name Relevance ENT000602 NYS-5, NYS-6/7, NYS-25, NYS-26B/RK-

TC-1B, RK-

TC-2, NYS-38/RK-TC-5 EN-LI-100, Rev. 12, Process Applicability Determination (Nov. 6, 2012)

EN-LI-100 is the proced ure Entergy uses to determine applicability of the appropriate regulatory

review process (e.g., 10 CFR 50.54, 10 CFR 50.59, 10 CFR 72.48). This document is relevant to Board questioning regarding NRC and Entergy processes governing license renewal commitment implementation and enforceability. ENT000603 NYS-5, NYS-6/7, NYS-25, NYS-26B/RK-

TC-1B, RK-

TC-2, NYS-

38/RK-TC-5 EN-LI-101, Rev. 9, 10 CFR 50.59 Evaluations (Feb. 16, 2012)

EN-LI-101 is the procedure En tergy uses to prepare, review, approve and document 10 CFR 50.59

evaluations. This document is relevant to Board

questioning regarding NRC and Entergy processes governing license renewal commitment implementation and enforceability. ENT000604 NYS-5, NYS-6/7, NYS-25, NYS-26B/RK-

TC-1B, RK-

TC-2, NYS-

38/RK-TC-5 Indian Point Nuclear Generating Units 2 and 3, NRC Evaluation of Changes, Tests or Experiments and Permanent Plant Modifications Team Inspection Report (Jan.

13, 2012) This report documents the most recent NRC inspection of Entergy's 50.59 screens and evaluations at Indian Point Units 2 and 3. This document is

relevant to Board ques tioning regarding NRC and Entergy processes governing license renewal commitment implementation and enforceability. ENT000605 NYS-5 GEL, Laboratory Soil Analysis of IP2 Service Water and IP3 CST Soils (June 9, 2012) This report documents the results of recent soil analyses at Indian Point, as relevant to aging management of buried piping.

2 Entergy Exhibit #

Relevant Contentions Exhibit Name Relevance NYS000473 NYS-37 "Glum Economics Skewer Plans for Nuclear Uprates," Nuclear Intelligence Weekly , pp. 3-4 (Nov. 26, 2012) The article discusses revised energy use projections. As such the document is relevant to the Board's

questioning regarding futu re energy use during the November 28, 2012 evidentiary hearing and ensuing

colloquy between the Board and the State's witness.

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-247-LR and

) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )

)

(Indian Point Nuclear Generating Units 2 and 3) )

) January 11, 2013 MOTION CERTIFICATION Pursuant to 10 C.F.R. § 2.323(b), counsel for Entergy certifies that he made a sincere effort to contact the other parties in this proceeding, to explain to them the factual and legal issues raised in this Motion, and to resolve those issues, and he cer tifies that his efforts have been successful.

Executed in accord with 10 C.F.R. § 2.304(d) Signed (electronically) by Martin J. O'Neill Martin J. O'Neill, Esq. MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Phone: (713) 890-5710 Fax: (713) 890-5001 E-mail: martin.oneill@morganlewis.com

Counsel for Entergy Nuclear Operations, Inc.

DB1/ 72527525.2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-247-LR and

) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )

)

(Indian Point Nuclear Generating Units 2 and 3) )

) January 11, 2013 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305 (as revised), I hereby certify that, on this date, a copy of "Entergy's and the State of New York's Joint Motion for Leave to File Additional Hearing Exhibits for Admission Into Evidence" was served upon the Electronic Information Exchange (the NRC's E-Filing System), in the above-captioned proceeding.

Signed (electronically) by Martin J. O'Neill Martin J. O'Neill, Esq. MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Phone: (713) 890-5710 Fax: (713) 890-5001 E-mail: martin.oneill@morganlewis.com