ML13009A424

Unopposed Motion by State of New York for Leave to File an Additional Exhibit Concerning Contention YS-38/RK-TC-5

ML13009A424
Person / Time
Site:	Indian Point
Issue date:	01/09/2013
From:	Sipos J State of NY, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 23997, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML13009A424 (7)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. January 9, 2013

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x UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE AN ADDITIONAL EXHIBIT CONCERNING CONTENTION NYS-38/RK-TC-5 Office of the Attorney General for the State of New York The Capitol Albany, New York 12224

DISCUSSION In accordance with 10 C.F.R. § 2.323(a), the State of New York requests leave to file as an additional exhibit an article that appeared in Nucleonics Week entitled DOE plan coordinates R&D on extending LWR lifetimes by Stephen Dolley.1 The article, which the State has marked and proposes to submit as Exhibit NYS000472, accompanies this motion. The State has consulted with Entergy, NRC Staff, Riverkeeper, and Clearwater pursuant to 10 C.F.R. § 2.323(b), and none of the parties oppose this motion.

Good cause exists for allowing the submission of this exhibit. This exhibit, NYS000472, is relevant to the issues addressed by Contention NYS-38 that the parties and their witnesses may discuss during an evidentiary hearing before the Atomic Safety and Licensing Board. The State and Riverkeepers Joint Revised Statement of Position specifically identified and quoted from the Nucleonics Week article in their Revised Statement of Position for Contention NYS-38/RK-TC-5. See State of New York and Riverkeeper, Inc. Revised Statement of Position in Support of Joint Contention NYS-38/RK-TC-5 (Nov. 9, 2012) NYS000451 at pp. 2 - 3. The article describes ongoing research and development work related to extended operations of power reactors. The article and the citation to federal budget appropriations (Joint Revised SOP at 2) provide context for the intervenors position and also relate to the testimony of Dr. Richard Lahey in support of Contention NYS-38/RK-TC-5. See Pre-Filed Written Rebuttal Testimony of Dr. Richard T. Lahey, Jr. Regarding Contention NYS-38/RK-TC-5 (Nov. 9, 2012) NYS NYS000453 at pp.5, 7. The admission of this exhibit will assist in the development of a full hearing record and will not cause delay or harm to any party.

1 Dolley, Stephen, "DOE plan coordinates R&D on extending LWR lifetimes," Nucleonics Week,

p. 2, Vol. 53, No. 6 (Feb. 9, 2012). The article is also available through Westlaw at 2012 WLNR 3887400.

When the intervenors submitted the Statement of Position, the State had understood that the citation to a commonly-available periodical would be sufficient. After discussion among the parties on this matter, the State now seeks to submit the article as an exhibit. As noted, the State of New York has consulted with the other parties pursuant to 10 C.F.R. § 2.323(b), and none of the parties oppose this motion.

CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000472 as an additional exhibit. The document, with exhibit marker NYS000472 and copyright notice, accompanies this filing.

Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12224 (518) 402-2251 Dated: January 9, 2013 2

Certificate Pursuant to 10 C.F.R. § 2.323 In accordance with the Boards Scheduling Order of July 1, 2010 (at 8-9) and 10 C.F.R.

§ 2.323(b), the undersigned counsel hereby certifies that counsel for the State of New York has made a sincere effort to contact other parties in the proceeding and resolve the issues raised in the motion. The State of New Yorks efforts to resolve the issues with the other parties has been successful, and none of the parties oppose the States motion.

Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 January 9, 2013 3

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. January 9, 2013

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x CERTIFICATE OF SERVICE I hereby certify that on January 9, 2013, copies of the Unopposed Motion by State of New York Motion For Leave to File An Additional Exhibit and Exhibit NYS000472; were served electronically via the Electronic Information Exchange on the following recipients:

Lawrence G. McDade, Chair Shelbie Lewman, Esq. Law Clerk Richard E. Wardwell, Administrative Judge Carter Thurman, Law Clerk Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 Mailstop 3 F23 Two White Flint North Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov Lawrence.McDade@nrc.gov Carter.Thurman@nrc.gov Richard.Wardwell@nrc.gov James.Maltese@nrc.gov Michael.Kennedy@nrc.gov Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 Mailstop 16 G4 Two White Flint North One White Flint North 11545 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 ocaamail@nrc.gov

Office of the Secretary Martin J. ONeill, Esq.

Attn: Rulemaking and Adjudications Staff Morgan, Lewis & Bockius LLP U.S. Nuclear Regulatory Commission Suite 4000 Mailstop 3 F23 1000 Louisiana Street Two White Flint North Houston, TX 77002 11545 Rockville Pike martin.oneill@morganlewis.com Rockville, MD 20852-2738 hearingdocket@nrc.gov Bobby R. Burchfield, Esq.

Matthew M. Leland, Esq.

Sherwin E. Turk, Esq. Clint A. Carpenter, Esq.

David E. Roth, Esq. McDermott Will & Emery LLC Beth N. Mizuno, Esq. 600 13th Street, NW Brian G. Harris, Esq. Washington, DC 20005-3096 Anita Ghosh, Esq. bburchfield@mwe.com Joseph A. Lindell, Esq. mleland@mwe.com Office of the General Counsel ccarpenter@mwe.com U.S. Nuclear Regulatory Commission Mailstop 15 D21 Richard A. Meserve, Esq.

One White Flint North Covington & Burling LLP 11555 Rockville Pike 1201 Pennsylvania Avenue, NW Rockville, MD 20852-2738 Washington, DC 20004-2401 sherwin.turk@nrc.gov rmeserve@cov.com david.roth@nrc.gov beth.mizuno@nrc.gov Elise N. Zoli, Esq.

brian.harris@nrc.gov Goodwin Procter, LLP anita.ghosh@nrc.gov Exchange Place Joseph.Lindell@nrc.gov 53 State Street Boston, MA 02109 Kathryn M. Sutton, Esq. ezoli@goodwinprocter.com Paul M. Bessette, Esq.

Jonathan Rund, Esq. William C. Dennis, Esq.

Raphael Kuyler, Esq. Assistant General Counsel Morgan, Lewis & Bockius LLP Entergy Nuclear Operations, Inc.

1111 Pennsylvania Avenue, NW 440 Hamilton Avenue Washington, DC 20004 White Plains, NY 10601 ksutton@morganlewis.com wdennis@entergy.com pbessette@morganlewis.com jrund@morganlewis.com Robert D. Snook, Esq.

rkuyler@morganlewis.com Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 robert.snook@ct.gov 2

Melissa-Jean Rotini, Esq. Karla Raimundi, Environmental Justice Assistant County Attorney Associate Office of the Westchester County Attorney Hudson River Sloop Clearwater, Inc.

Michaelian Office Building 724 Wolcott Avenue 148 Martine Avenue, 6th Floor Beacon, NY 12508 White Plains, NY 10601 karla@clearwater.org MJR1@westchestergov.com Sean Murray, Mayor Richard Webster, Esq.

Kevin Hay, Village Administrator Public Justice, P.C.

Village of Buchanan Suite 200 Municipal Building 1825 K Street, NW 236 Tate Avenue Washington, DC 20006 Buchanan, NY 10511-1298 rwebster@publicjustice.net Administer@villageofbuchanan.com Phillip Musegaas, Esq.

Daniel Riesel, Esq. Deborah Brancato, Esq.

Thomas F. Wood, Esq. Riverkeeper, Inc.

Victoria S. Treanor, Esq. 20 Secor Road Sive, Paget & Riesel, P.C. Ossining, NY 10562 460 Park Avenue phillip@riverkeeper.org New York, NY 10022 dbrancato@riverkeeper.org driesel@sprlaw.com vtreanor@sprlaw.com Michael J. Delaney, Esq.

Director Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 (718) 595-3982 mdelaney@dep.nyc.gov Signed (electronically) by

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John J. Sipos Assistant Attorney General State of New York (518) 402-2251 Dated at Albany, New York this 9th day of January 2013 3