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{{#Wiki_filter:July 6, 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
{{#Wiki_filter:July 6, 2012 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/286-LR
                                                        )
(Indian Point Nuclear Generating                        )
Units 2 and 3)                                )
NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5 Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff (Staff) hereby requests an extension of time until August 20, 2012, for the filing of testimony, exhibits and statements of position on Contention NYS-38/RK-TC-5 in this proceeding by the Staff. As discussed below, the Staff has discussed this motion with Entergy Nuclear Operations, Inc. (Entergy or Applicant), the State of New York (New York) and Riverkeeper, Inc. (Riverkeeper) (collectively, Intervenors);
none of those parties oppose the Staffs motion. In support of this Motion, the Staff states as follows:
: 1.      In accordance with the Atomic Safety and Licensing Boards (Board) previous Scheduling Orders in this proceeding, New York and Riverkeeper filed their direct testimony, exhibits and statements of position for Contention NYS-38/RK-TC-5 on June 19 and 20, 2012.
: 2.      As stated in the Boards Order (Denying NRC Staffs Motion for Partial Reconsideration and State of New York/Riverkeepers Cross-Motion to NRC Staffs Motion for Reconsideration) (Scheduling Order) of April 23, 2012, the Staff and Entergy are required to file their testimony, exhibits, and statements of position in filings that set out both their direct and rebuttal cases. Id. at 7. Under the current schedule, the Staffs and Applicants testimony, exhibits and statements of position on NYS-38/RK-TC-5 are now due to be filed on or before July 19, 2012. See Order of May 16, 2012, at 1. Based on the current schedule, New Yorks


In the Matter of     )  
and Riverkeepers rebuttal testimony, statements of position, and exhibits are due ten days later, on July 30, 2012. Scheduling Order at 7.
      )
: 3. The Intervenors testimony, exhibits, and statements of position on NYS-38/RK-TC-5, filed on June 19 and 20, 2012, address a multitude of issues related to the 3 parts of their contention including: the steam generator divider plate, metal fatigue, and WESTEMSTM.
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/286-LR
Specifically, the Intervenors filings consist of 872 pages including the statement of position, pre-filed testimony, and exhibits. The breadth and volume of the Intervenors testimony, exhibits and statements of position have caused the Staff to conclude that it will require an extension of time to enable it to complete its review of the Intervenors filings and file its direct and rebuttal testimony, exhibits, and statements of position on this contention.
      )
: 4. In addition, the Staff is engaged in an intensive and time-consuming review of the numerous and extensive evidentiary submissions that the Intervenors filed in the past ten days.
(Indian Point Nuclear Generating    )
Specifically, on June 28, 2012, the Intervenors filed rebuttal testimony on Contentions NYS-5 (buried piping and tanks), NYS-6/7 (low and medium voltage cables), and Clearwater-EC3A (environmental justice). On June 29, 2012, the Intervenors completed their rebuttal filings on NYS-8 (transformers), NYS-17B (property values), NYS-37 (no action alternative), and Riverkeeper-TC2 (flow accelerated corrosion). On July 2, 2012, the Intervenors completed additional rebuttal filings on NYS-12C (SAMA decontamination and cleanup costs), NYS-16B (SAMA population estimates), and NYS-26B/ Riverkeeper-TC1B (metal fatigue). The Staffs witnesses for NYS-38/RK-TC-5, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 substantially overlap. The Staffs witnesses ability to prepare testimony responsive to the Intervenors initial filings on Contention NYS-38/RK-TC-5, while simultaneously reviewing their rebuttal testimony on Contentions NYS-26B/ Riverkeeper-TC1B, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 for motions in limine, is limited, and precludes them from being able to address all of these matters simultaneously.
Units 2 and 3)     )  
: 5.      In addition, some of the Staffs witnesses assigned to this contention were severely impacted by the recent thunderstorm that resulted in substantial power outages throughout the Washington, D.C., metro region. One witness lost both power and water to his home for five days, limiting his ability to work on this matter.
: 6.      In view of the breadth and volume of the Intervenors filings, which the Staff is required to address in its rebuttal testimony - as well as the need to review Intervenors rebuttal testimony and prepare any necessary motions in limine, and the severe disruptions to power and water from the recent storm, the Staff has determined that it requires a 30-day extension of time, until August 20, 2012, for the filing of its testimony, exhibits, and statements of position on Contention NYS-38/RK-TC-5.
: 7.      In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York, Riverkeeper, Clearwater, and Entergy. Counsel for Entergy stated that Entergy does not object to the Staffs requested extension and requests that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staffs and Entergys testimony, exhibits, and statements of position on NYS-38/RK-TC-5; the Staff does not oppose that request. Counsel for New York and Riverkeeper stated that they do not oppose the Staffs request and are amenable to a common date being established for both the Staffs and Applicants filings. Counsel for Clearwater did not participate in the consultation.
: 8.      The Staff is aware that this proceeding commenced more than four years ago, and that the Board has expressed interest in progressing to hearing without unnecessary delay (e.g., Tr. 1096-97). The Staff respectfully submits, however, that the instant request for an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. This extension of time would not affect the hearing on Track 1 contentions (scheduled to commence on October 15, 2012), which do not include NYS-38/RK-TC-5.


NRC STAFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME  FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5 Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff ("Staff") hereby requests an extension of time until August 20, 2012, for the filing of testimony, exhibits and statements of position on
WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until August 20, 2012, in which to file their written testimony, exhibits, and statements of position in this proceeding.
Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012


Contention NYS-38/RK-TC-5 in this proceeding by the Staff. As discussed below, the Staff has
CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (Entergy, New York, Clearwater, and Riverkeeper), to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful. Clearwater took no part in these discussions.
Respectfully submitted, Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012


discussed this motion with Entergy Nuclear Operations, Inc. ("Entergy" or "Applicant"), the State
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of                              )
                                              )
ENTERGY NUCLEAR OPERATIONS, INC. )                  Docket Nos. 50-247/286-LR
                                              )
(Indian Point Nuclear Generating              )
Units 2 and 3)                        )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5, dated July 6, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 6th day of July, 2012.
Lawrence G. McDade, Chair                        Office of Commission Appellate Atomic Safety and Licensing Board Panel            Adjudication Mail Stop - T-3 F23                              U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission                Mail Stop: O-16G4 Washington, D.C. 20555-0001                      Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov                  E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell                          Office of the Secretary Atomic Safety and Licensing Board Panel          Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23                              Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission                U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001                      Washington, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov                  E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy                            Josh Kirstein, Esq.
Atomic Safety and Licensing Board Panel          Anne Siarnacki, Esq.
Mail Stop T-3 F23                                Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission                Mail Stop - T-3 F23 Washington, DC 20555-0001                        U. S, Nuclear Regulatory Commission E-mail: Michael.Kennedy@nrc.gov                  Washington, D.C. 20555-0001 E-mail: Josh.Kirstein@nrc.gov E-mail: Anne.Siarnacki@nrc.gov


of New York ("New York") and Riverkeeper, Inc. ("Riverkeeper") (collectively, "Intervenors");
Atomic Safety and Licensing Board Panel    Melissa-Jean Rotini, Esq.
U.S. Nuclear Regulatory Commission          Assistant County Attorney Mail Stop: T-3 F23                          Office of Robert F. Meehan, Esq.
Washington, DC 20555-0001                    Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq.                    John J. Sipos, Esq.
Paul M. Bessette, Esq.                      Charlie Donaldson, Esq.
Jonathan Rund, Esq.                        Assistants Attorney General Morgan, Lewis & Bockius, LLP                New York State Department of Law 1111 Pennsylvania Avenue, NW                Environmental Protection Bureau Washington, D.C. 20004                      The Capitol E-mail: ksutton@morganlewis.com            Albany, NY 12224 E-mail: pbessette@morganlewis.com          E-mail: John.Sipos@ag.ny.gov E-mail: jrund@morganlewis.com Janice A. Dean, Esq.
Martin J. ONeill, Esq.                    Assistant Attorney General, Morgan, Lewis & Bockius, LLP                Office of the Attorney General 1000 Louisiana Street, Suite 4000            of the State of New York Houston, TX 77002                          120 Broadway, 25th Floor E-mail: martin.o'neill@morganlewis.com      New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Elise N. Zoli, Esq.                        Joan Leary Matthews, Esq.
Goodwin Procter, LLP                        Senior Attorney for Special Projects Exchange Place                              New York State Department of 53 State Street                              Environmental Conservation Boston, MA 02109                            Office of the General Counsel E-mail: ezoli@goodwinprocter.com            625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq.                    John Louis Parker, Esq.
Assistant General Counsel                  Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc.            New York State Department of 440 Hamilton Avenue                          Environmental Conservation White Plains, NY 10601                      21 South Putt Corners Road E-mail: wdennis@entergy.com                New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Daniel E. ONeill, Mayor                    Manna Jo Greene James Seirmarco, M.S.                      Karla Raimundi Village of Buchanan                        Hudson River Sloop Clearwater, Inc.
Municipal Building                          724 Wolcott Avenue Buchanan, NY 10511-1298                    Beacon, NY 12508 E-mail: vob@bestweb.net                    E-mail: mannajo@clearwater.org E-mail: smurray@villageofbuchanan.com      E-mail: karla@clearwater.org


none of those parties oppose the Staff's motion. In support of this Motion, the Staff states as
Robert Snook, Esq.                   Daniel Riesel, Esq.
 
Office of the Attorney General       Thomas F. Wood, Esq.
follows: 1. In accordance with the Atomic Safety and Licensing Board's ("Board") previous Scheduling Orders in this proceeding, New York and Riverkeeper filed their direct testimony, exhibits and statements of position for Contention NYS-38/RK-TC-5 on June 19 and 20, 2012. 2. As stated in the Board's "Order (Denying NRC Staff's Motion for Partial Reconsideration and State of New York/Riverkeeper's Cross-Motion to NRC Staff's Motion for
State of Connecticut                  Victoria Shiah, Esq.
 
55 Elm Street                        Sive, Paget & Riesel, P.C.
Reconsideration)" ("Scheduling Order") of April 23, 2012, the Staff and Entergy are required to
P.O. Box 120                         460 Park Avenue Hartford, CT 06141-0120               New York, NY 10022 E-mail: robert.snook@ct.gov           E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq.               Michael J. Delaney, Esq.
 
Deborah Brancato, Esq.               Director, Energy Regulatory Affairs Riverkeeper, Inc.                     New York City Department of Environmental 20 Secor Road                             Protection Ossining, NY 10562                   59-17 Junction Boulevard E-mail: phillip@riverkeeper.org       Flushing, NY 11373 E-mail: dbrancato@riverkeeper.org     E-mail: mdelaney@dep.nyc.gov Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov}}
file their testimony, exhibits, and statements of position in filings that set out both their direct and
 
rebuttal cases.
Id. at 7. Under the current schedule, the Staff's and Applicant's testimony, exhibits and statements of position on NYS-38/RK-TC-5 are now due to be filed on or before
 
July 19, 2012.
See Order of May 16, 2012, at 1. Based on the current schedule, New York's and Riverkeeper's rebuttal testimony, statements of position, and exhibits are due ten days later, on July 30, 2012. Scheduling Order at 7. 3. The Intervenors' testimony, exhibits, and statements of position on NYS-38/RK-TC-5, filed on June 19 and 20, 2012, address a multitude of issues related to the 3 parts of their
 
contention including: the steam generator divider plate, metal fatigue, and WESTEMS TM. Specifically, the Intervenors' filings consist of 872 pages including the statement of position, pre-
 
filed testimony, and exhibits. The breadth and volu me of the Intervenors' testimony, exhibits and statements of position have caused the Staff to conclude that it will require an extension of
 
time to enable it to complete its review of the Intervenor's filings and file its direct and rebuttal
 
testimony, exhibits, and statements of position on this contention. 4. In addition, the Staff is engaged in an intensive and time-consuming review of the numerous and extensive evidentiary submissions that the Intervenors filed in the past ten days.
Specifically, on June 28, 2012, the Intervenors f iled rebuttal testimony on Contentions NYS-5 (buried piping and tanks), NYS-6/7 (low and medium voltage cables), and Clearwater-EC3A (environmental justice). On June 29, 2012, the Intervenors completed their rebuttal filings on
 
NYS-8 (transformers), NYS-17B (property va lues), NYS-37 (no action alternative), and Riverkeeper-TC2 (flow accelerated corrosion). On July 2, 2012, the Intervenors completed
 
additional rebuttal filings on NYS-12C (SAMA decontamination and cleanup costs), NYS-16B (SAMA population estimates), and NYS-26B/ Riverkeeper-TC1B (metal fatigue). The Staff's
 
witnesses for NYS-38/RK-TC-5, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2
 
substantially overlap. The Staff's witnesses' ability to prepare testimony responsive to the Intervenors' initial filings on Contention NYS-38/RK-TC-5, while simultaneously reviewing their
 
rebuttal testimony on Contentions NYS-26B/ Riverkeeper-TC1B, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 for motions in limine, is limited, and precludes them from being able to address all of these matters simultaneously.
: 5. In addition, some of the Staff's witnesses assigned to this contention were severely impacted by the recent thunderstorm that resulted in substantial power outages
 
throughout the Washington, D.C., metro region. One witness lost both power and water to his
 
home for five days, limiting his ability to work on this matter. 6. In view of the breadth and volume of the Intervenors' filings, which the Staff is required to address in its rebuttal testimony - as well as the need to review Intervenor's rebuttal
 
testimony and prepare any necessary motions in limine , and the severe disruptions to power and water from the recent storm, the Staff has determined that it requires a 30-day extension of
 
time, until August 20, 2012, for the filing of its testimony, exhibits, and statements of position on
 
Contention NYS-38/RK-TC-5. 7. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York, Riverkeeper, Clearwater, and Entergy.
Counsel for Entergy stated that Entergy does not object to the Staff's requested extension and requests that, for the sake of efficiency
 
and uniformity, a single date be established for the filing of both the Staff's and Entergy's
 
testimony, exhibits, and statements of position on NYS-38/RK-TC-5; the Staff does not oppose
 
that request. Counsel for New York and Riverkeeper stated that they do not oppose the Staff's
 
request and are amenable to a common date being established for both the Staff's and
 
Applicant's filings. Counsel for Clearwater did not participate in the consultation. 8. The Staff is aware that this proceeding commenced more than four years ago, and that the Board has expressed interest in progressing to hearing without unnecessary delay
 
(e.g., Tr. 1096-97). The Staff respectfully submits, however, that the instant request for an extension of time is not unreasonable under the circumstances, and will not cause hardship for
 
any party or substantial delay in the proceeding.
This extension of time would not affect the hearing on Track 1 contentions (scheduled to commence on October 15, 2012), which do not
 
include NYS-38/RK-TC-5.
WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until August 20, 2012, in which to file their written testimony, exhibits, and
 
statements of position in this proceeding.
Signed Electronically by Brian G. Harris Counsel for NRC Staff
 
U.S. Nuclear Regulatory Commission
 
Office of the General Counsel
 
Mail Stop - O-15D21
 
Washington, DC  20555
 
Telephone:  (301) 415-1392
 
E-mail: brian.harris@nrc.gov
 
Dated at Rockville, Maryland
 
this 6th day of July 2012
 
CERTIFICATION OF COUNSEL
 
Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (Entergy, New York, Clearwater, and Riverkeeper), to resolve the issues raised in this Motion, and that his efforts to
 
resolve this issue have been successful. Clearwater took no part in these discussions.
 
Respectfully submitted,
 
Signed Electronically by Brian G. Harris Counsel for NRC Staff
 
U.S. Nuclear Regulatory Commission
 
Office of the General Counsel
 
Mail Stop - O-15D21
 
Washington, DC  20555
 
Telephone:  (301) 415-1392
 
E-mail: brian.harris@nrc.gov
 
Dated at Rockville, Maryland
 
this 6th day of July 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
 
In the Matter of    )
      )
ENTERGY NUCLEAR OPERATIONS, INC. )  Docket Nos. 50-247/286-LR ) (Indian Point Nuclear Generating  ) Units 2 and 3)    )
 
CERTIFICATE OF SERVICE
 
I hereby certify that copies of the foregoing "NRC STAFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF
 
POSITION ON CONTENTION NYS-38/RK-TC-5," dated July 6, 2012, in the above-captioned
 
proceeding have been served on the following by Electronic Information Exchange this 6 th day of July, 2012.
 
Lawrence G. McDade, Chair
 
Atomic Safety and Licensing Board Panel
 
Mail Stop - T-3 F23
 
U.S. Nuclear Regulatory Commission
 
Washington, D.C. 20555-0001
 
E-mail: Lawrence.McDade@nrc.gov Office of Commission Appellate Adjudication
 
U.S. Nuclear Regulatory Commission
 
Mail Stop: O-16G4
 
Washington, DC 20555-0001
 
E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell
 
Atomic Safety and Licensing Board Panel
 
Mail Stop - T-3 F23
 
U.S. Nuclear Regulatory Commission
 
Washington, D.C. 20555-0001
 
E-mail: Richard.Wardwell@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff
 
Mail Stop: O-16G4
 
U.S. Nuclear Regulatory Commission
 
Washington, DC 20555-0001
 
E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy
 
Atomic Safety and Licensing Board Panel
 
Mail Stop T-3 F23
 
U.S. Nuclear Regulatory Commission
 
Washington, DC 20555-0001
 
E-mail: Michael.Kennedy@nrc.gov Josh Kirstein, Esq.
Anne Siarnacki, Esq. 
 
Atomic Safety and Licensing Board Panel
 
Mail Stop - T-3  F23
 
U. S, Nuclear Regulatory Commission
 
Washington, D.C. 20555-0001
 
E-mail: Josh.Kirstein@nrc.gov E-mail: Anne.Siarnacki@nrc.gov
 
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission
 
Mail Stop: T-3 F23
 
Washington, DC 20555-0001
 
Melissa-Jean Rotini, Esq.
Assistant County Attorney 
 
Office of Robert F. Meehan, Esq.  
 
Westchester County Attorney 
 
148 Martine Avenue, 6th Floor 
 
White Plains, NY 10601
 
E-mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq.
 
Paul M. Bessette, Esq.
 
Jonathan Rund, Esq.
 
Morgan, Lewis & Bockius, LLP
 
1111 Pennsylvania Avenue, NW
 
Washington, D.C. 20004
 
E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com John J. Sipos, Esq.
Charlie Donaldson, Esq.  
 
Assistants Attorney General
 
New York State Department of Law
 
Environmental Protection Bureau
 
The Capitol
 
Albany, NY 12224
 
E-mail: John.Sipos@ag.ny.gov Martin J. O'Neill, Esq.
 
Morgan, Lewis & Bockius, LLP
 
1000 Louisiana Street, Suite 4000 Houston, TX  77002 E-mail: martin.o'neill@morganlewis.com
 
Elise N. Zoli, Esq.
 
Goodwin Procter, LLP
 
Exchange Place
 
53 State Street 
 
Boston, MA 02109
 
E-mail: ezoli@goodwinprocter.com
 
Janice A. Dean, Esq.
Assistant Attorney General, Office of the Attorney General
 
of the State of New York
 
120 Broadway, 25 th Floor New York, NY  10271
 
E-mail:  Janice.Dean@ag.ny.gov
 
Joan Leary Matthews, Esq.  
 
Senior Attorney for Special Projects
 
New York State Department of  
 
Environmental Conservation
 
Office of the General Counsel
 
625 Broadway, 14 th Floor Albany, NY 12233-1500
 
E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq.  
 
Assistant General Counsel
 
Entergy Nuclear Operations, Inc.
 
440 Hamilton Avenue
 
White Plains, NY 10601
 
E-mail: wdennis@entergy.com John Louis Parker, Esq.
Office of General Counsel, Region 3
 
New York State Department of
 
Environmental Conservation
 
21 South Putt Corners Road
 
New Paltz, NY  12561-1620
 
E-mail:  jlparker@gw.dec.state.ny.us Daniel E. O'Neill, Mayor James Seirmarco, M.S.
 
Village of Buchanan
 
Municipal Building
 
Buchanan, NY 10511-1298 E-mail: vob@bestweb.net E-mail: smurray@villageofbuchanan.com Manna Jo Greene Karla Raimundi
 
Hudson River Sloop Clearwater, Inc.
 
724 Wolcott Avenue
 
Beacon, NY 12508
 
E-mail: mannajo@clearwater.org E-mail: karla@clearwater.org
 
Robert Snook, Esq.
Office of the Attorney General
 
State of Connecticut
 
55 Elm Street
 
P.O. Box 120  
 
Hartford, CT 06141-0120  
 
E-mail: robert.snook@ct.gov Daniel Riesel, Esq.
Thomas F. Wood, Esq.
 
Victoria Shiah, Esq.
 
Sive, Paget & Riesel, P.C.
 
460 Park Avenue
 
New York, NY  10022 E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq.  
 
Deborah Brancato, Esq.  
 
Riverkeeper, Inc.  
 
20 Secor Road  
 
Ossining, NY 10562  
 
E-mail: phillip@riverkeeper.org E-mail: dbrancato@riverkeeper.org Michael J. Delaney, Esq.
Director, Energy Regulatory Affairs
 
New York City Department of Environmental
 
Protection
 
59-17 Junction Boulevard
 
Flushing, NY 11373 
 
E-mail: mdelaney@dep.nyc.gov
 
Signed Electronically by Brian G. Harris Counsel for NRC Staff  
 
U.S. Nuclear Regulatory Commission  
 
Office of the General Counsel  
 
Mail Stop - O-15D21  
 
Washington, DC 20555  
 
Telephone: (301) 415-1392  
 
E-mail: brian.harris@nrc.gov}}

Latest revision as of 02:13, 12 November 2019

NRC Staff'S Unopposed Motion for Extension of Time for the Filing of Tetsimony, Exhibts and Statements of Position on Contention NYS-38/RK-TC-5
ML12188A745
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 07/06/2012
From: Harris B
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 22926, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, NYS-38/RK-TC-5
Download: ML12188A745 (8)
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July 6, 2012 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/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5 Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff (Staff) hereby requests an extension of time until August 20, 2012, for the filing of testimony, exhibits and statements of position on Contention NYS-38/RK-TC-5 in this proceeding by the Staff. As discussed below, the Staff has discussed this motion with Entergy Nuclear Operations, Inc. (Entergy or Applicant), the State of New York (New York) and Riverkeeper, Inc. (Riverkeeper) (collectively, Intervenors);

none of those parties oppose the Staffs motion. In support of this Motion, the Staff states as follows:

1. In accordance with the Atomic Safety and Licensing Boards (Board) previous Scheduling Orders in this proceeding, New York and Riverkeeper filed their direct testimony, exhibits and statements of position for Contention NYS-38/RK-TC-5 on June 19 and 20, 2012.
2. As stated in the Boards Order (Denying NRC Staffs Motion for Partial Reconsideration and State of New York/Riverkeepers Cross-Motion to NRC Staffs Motion for Reconsideration) (Scheduling Order) of April 23, 2012, the Staff and Entergy are required to file their testimony, exhibits, and statements of position in filings that set out both their direct and rebuttal cases. Id. at 7. Under the current schedule, the Staffs and Applicants testimony, exhibits and statements of position on NYS-38/RK-TC-5 are now due to be filed on or before July 19, 2012. See Order of May 16, 2012, at 1. Based on the current schedule, New Yorks

and Riverkeepers rebuttal testimony, statements of position, and exhibits are due ten days later, on July 30, 2012. Scheduling Order at 7.

3. The Intervenors testimony, exhibits, and statements of position on NYS-38/RK-TC-5, filed on June 19 and 20, 2012, address a multitude of issues related to the 3 parts of their contention including: the steam generator divider plate, metal fatigue, and WESTEMSTM.

Specifically, the Intervenors filings consist of 872 pages including the statement of position, pre-filed testimony, and exhibits. The breadth and volume of the Intervenors testimony, exhibits and statements of position have caused the Staff to conclude that it will require an extension of time to enable it to complete its review of the Intervenors filings and file its direct and rebuttal testimony, exhibits, and statements of position on this contention.

4. In addition, the Staff is engaged in an intensive and time-consuming review of the numerous and extensive evidentiary submissions that the Intervenors filed in the past ten days.

Specifically, on June 28, 2012, the Intervenors filed rebuttal testimony on Contentions NYS-5 (buried piping and tanks), NYS-6/7 (low and medium voltage cables), and Clearwater-EC3A (environmental justice). On June 29, 2012, the Intervenors completed their rebuttal filings on NYS-8 (transformers), NYS-17B (property values), NYS-37 (no action alternative), and Riverkeeper-TC2 (flow accelerated corrosion). On July 2, 2012, the Intervenors completed additional rebuttal filings on NYS-12C (SAMA decontamination and cleanup costs), NYS-16B (SAMA population estimates), and NYS-26B/ Riverkeeper-TC1B (metal fatigue). The Staffs witnesses for NYS-38/RK-TC-5, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 substantially overlap. The Staffs witnesses ability to prepare testimony responsive to the Intervenors initial filings on Contention NYS-38/RK-TC-5, while simultaneously reviewing their rebuttal testimony on Contentions NYS-26B/ Riverkeeper-TC1B, NYS-26B/ Riverkeeper-TC1B, and Riverkeeper-TC2 for motions in limine, is limited, and precludes them from being able to address all of these matters simultaneously.

5. In addition, some of the Staffs witnesses assigned to this contention were severely impacted by the recent thunderstorm that resulted in substantial power outages throughout the Washington, D.C., metro region. One witness lost both power and water to his home for five days, limiting his ability to work on this matter.
6. In view of the breadth and volume of the Intervenors filings, which the Staff is required to address in its rebuttal testimony - as well as the need to review Intervenors rebuttal testimony and prepare any necessary motions in limine, and the severe disruptions to power and water from the recent storm, the Staff has determined that it requires a 30-day extension of time, until August 20, 2012, for the filing of its testimony, exhibits, and statements of position on Contention NYS-38/RK-TC-5.
7. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York, Riverkeeper, Clearwater, and Entergy. Counsel for Entergy stated that Entergy does not object to the Staffs requested extension and requests that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staffs and Entergys testimony, exhibits, and statements of position on NYS-38/RK-TC-5; the Staff does not oppose that request. Counsel for New York and Riverkeeper stated that they do not oppose the Staffs request and are amenable to a common date being established for both the Staffs and Applicants filings. Counsel for Clearwater did not participate in the consultation.
8. The Staff is aware that this proceeding commenced more than four years ago, and that the Board has expressed interest in progressing to hearing without unnecessary delay (e.g., Tr. 1096-97). The Staff respectfully submits, however, that the instant request for an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. This extension of time would not affect the hearing on Track 1 contentions (scheduled to commence on October 15, 2012), which do not include NYS-38/RK-TC-5.

WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until August 20, 2012, in which to file their written testimony, exhibits, and statements of position in this proceeding.

Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012

CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (Entergy, New York, Clearwater, and Riverkeeper), to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful. Clearwater took no part in these discussions.

Respectfully submitted, Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 6th day of July 2012

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

)

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

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION ON CONTENTION NYS-38/RK-TC-5, dated July 6, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 6th day of July, 2012.

Lawrence G. McDade, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23 Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy Josh Kirstein, Esq.

Atomic Safety and Licensing Board Panel Anne Siarnacki, Esq.

Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 U. S, Nuclear Regulatory Commission E-mail: Michael.Kennedy@nrc.gov Washington, D.C. 20555-0001 E-mail: Josh.Kirstein@nrc.gov E-mail: Anne.Siarnacki@nrc.gov

Atomic Safety and Licensing Board Panel Melissa-Jean Rotini, Esq.

U.S. Nuclear Regulatory Commission Assistant County Attorney Mail Stop: T-3 F23 Office of Robert F. Meehan, Esq.

Washington, DC 20555-0001 Westchester County Attorney 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq. John J. Sipos, Esq.

Paul M. Bessette, Esq. Charlie Donaldson, Esq.

Jonathan Rund, Esq. Assistants Attorney General Morgan, Lewis & Bockius, LLP New York State Department of Law 1111 Pennsylvania Avenue, NW Environmental Protection Bureau Washington, D.C. 20004 The Capitol E-mail: ksutton@morganlewis.com Albany, NY 12224 E-mail: pbessette@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: jrund@morganlewis.com Janice A. Dean, Esq.

Martin J. ONeill, Esq. Assistant Attorney General, Morgan, Lewis & Bockius, LLP Office of the Attorney General 1000 Louisiana Street, Suite 4000 of the State of New York Houston, TX 77002 120 Broadway, 25th Floor E-mail: martin.o'neill@morganlewis.com New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Elise N. Zoli, Esq. Joan Leary Matthews, Esq.

Goodwin Procter, LLP Senior Attorney for Special Projects Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 02109 Office of the General Counsel E-mail: ezoli@goodwinprocter.com 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq. John Louis Parker, Esq.

Assistant General Counsel Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental Conservation White Plains, NY 10601 21 South Putt Corners Road E-mail: wdennis@entergy.com New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us Daniel E. ONeill, Mayor Manna Jo Greene James Seirmarco, M.S. Karla Raimundi Village of Buchanan Hudson River Sloop Clearwater, Inc.

Municipal Building 724 Wolcott Avenue Buchanan, NY 10511-1298 Beacon, NY 12508 E-mail: vob@bestweb.net E-mail: mannajo@clearwater.org E-mail: smurray@villageofbuchanan.com E-mail: karla@clearwater.org

Robert Snook, Esq. Daniel Riesel, Esq.

Office of the Attorney General Thomas F. Wood, Esq.

State of Connecticut Victoria Shiah, Esq.

55 Elm Street Sive, Paget & Riesel, P.C.

P.O. Box 120 460 Park Avenue Hartford, CT 06141-0120 New York, NY 10022 E-mail: robert.snook@ct.gov E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq. Michael J. Delaney, Esq.

Deborah Brancato, Esq. Director, Energy Regulatory Affairs Riverkeeper, Inc. New York City Department of Environmental 20 Secor Road Protection Ossining, NY 10562 59-17 Junction Boulevard E-mail: phillip@riverkeeper.org Flushing, NY 11373 E-mail: dbrancato@riverkeeper.org E-mail: mdelaney@dep.nyc.gov Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov

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