ML14176A932

Order (Scheduling Telephonic Conference)

ML14176A932
Person / Time
Site:	Indian Point
Issue date:	06/25/2014
From:	Lawrence Mcdade Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 26117
Download: ML14176A932 (8)

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) June 25, 2014 ORDER (Scheduling Telephonic Conference)

On April 23, 2007, Entergy Nuclear Operations, Inc. (Entergy) timely submitted an application to renew its 10 C.F.R. Part 50 operating licenses for Indian Point Nuclear Generating Units 2 and 3.1 After the Commission published a notice of opportunity for hearing in the Federal Register,2 sixteen parties filed requests for hearing and petitions to intervene.3 The following year, on July 31, 2008, the Board issued a memorandum and order that granted the requests for hearing and petitions to intervene of the State of New York (New York),

Riverkeeper, Inc. (Riverkeeper), and Hudson River Sloop Clearwater (Clearwater).4 In addition 1

72 Fed. Reg. 26,850 (May 11, 2007).

2 72 Fed. Reg. 42,134, 42,134 (Aug. 1, 2007).

3 See LBP-13-13, 78 NRC __, __ (slip op. at 4-5) (Nov. 27, 2013) (detailing requests for hearing and petitions to intervene).

4 LBP-08-13, 68 NRC 43, 59 (2008). See also Licensing Board Order (Authorizing Interested Governmental Entities to Participate in this Proceeding) (Granting in Part Riverkeepers Motion for Clarification and Reconsideration of the Boards Ruling in LBP-08-13 Related to the Admissibility of Riverkeeper Contention EC-2) (Denying Riverkeepers Request to Admit

to the contentions admitted in the July 31, 2008 order, over the next three years, the Board admitted additional contentions based on new information that arose during the course of this proceeding.5 In 2012, in an effort to expedite this proceeding, the Board determined that, despite the NRC Staffs ongoing safety and environmental reviews, it was efficient to proceed to the evidentiary hearing on certain contentions on which the NRC Staff had completed its review prior to issuing its additional environmental and safety review documents.6 The Board held an evidentiary hearing on Track 17 contentions beginning in October 2012.8 In November 2013, the Board issued LBP-13-13, resolving all Track 1 contentions.9 The evidentiary hearing on the Track 2 contentions was deferred at request of the parties pending the publication of a still forthcoming Safety Evaluation Report (SER)

Supplement and the since-released Final Supplemental Environmental Impact Statement Supplement.10 Regarding the forthcoming SER Supplement, which affects contentions NYS-25 and NYS-38/RK-TC-5, the NRC Staff has not yet provided a specific date for its issuance and Amended Contention EC-2 and New Contentions EC-4 and EC-5) (Denying Entergys Motion for Reconsideration of the Boards Decision to Admit Riverkeeper EC-3 and Clearwater Contention EC-1) (Dec. 18, 2008) at 2 (unpublished).

5 See, e.g., LBP-10-13, 71 NRC 673, 676 (2010); Licensing Board Memorandum and Order (Ruling on Pending Motions for Leave to File New and Amended Contentions) (July 6, 2011) at 61, 71 (unpublished); Licensing Board Memorandum and Order (Admitting New Contention NYS-38/RK-TC-5) (Nov. 10, 2011) at 2, 12 (unpublished). Appendix A to LBP-13-13 is a list of all admitted contentions. See LBP-13-13, 78 NRC at __ (slip op. at App. A).

6 77 Fed. Reg. 36,015, 36,016 (June 15, 2012).

7 There were nine Track 1 contentions that went to hearing in October, November, and December 2012. As will be explained below, additional contentions (the Track 2 contentions) cannot be heard until the NRC Staff completes its safety and environmental review.

8 77 Fed. Reg. at 36,016.

9 See LBP-13-13, 78 NRC __.

10 See NRC Staffs 16th Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012 (June 3, 2013) at 3.

states that it expects to issue the SER Supplement in mid-2014.11 Additionally, the NRC Staff has not yet decided, determined, or reviewed several additional issues related to Track 2 contentions.12 The NRC Staffs review of Entergys license renewal application began more than seven years ago and continues to linger. Although Entergys operating license for Unit 2 expired on September 28, 2013, Entergy continues to operate in the period of extended operation despite unresolved issues of fact.13 Accordingly, it is the concern of the Board that given the lengthy delay, the Intervenors are being denied a meaningful right to a hearing. In an effort to expedite this proceeding, the Board will conduct a status conference via telephone during the week of July 7 or July 14, 2014, regarding scheduling issues related to Track 2 contentions.14 During the teleconference, we will:

(1) seek confirmation of the target date for the publication of Supplement 2 to the SER and inquire how a target publication date is to be determined; (2) seek information regarding the status of consultations between the NRC Staff and the New York State Department of State regarding Coastal Zone Management Act (CZMA) issues; (3) seek information regarding the status of the NRC Staffs review of information regarding aquatic impacts of plant operation; 11 NRC Staffs 28th Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012 (June 2, 2014) at 2.

12 See id. at 5, 7.

13 See 72 Fed. Reg. 26,850 (May 11, 2007). If granted renewed licenses, Entergy would be permitted to operate Unit 2 and Unit 3 for an additional twenty-year period beyond the period specified in the current operating licenses, which expired on September 28, 2013, for Unit 2, and will expire on December 12, 2015, for Unit 3.

14 Currently, Track 2 of the Indian Point evidentiary hearing includes Contentions NYS-25, NYS-26/RK-TC-1B, and NYS-38/RK-TC-5.

(4) solicit the views of the participants regarding the CZMA issues and the impact on relicensing if the NRC Staff does not issue a CZMA-related supplement to the Final Environmental Impact Statement; (5) seek information regarding the status of all non-NRC state, local, and federal litigation related to Indian Point that may have an effect on the continual operation of the plant; (6) solicit the views of the participants regarding the ability of Entergy to continue to operate under the existing licenses if the Commission upholds the Boards rulings currently on appeal; (7) solicit the views of the participants regarding any procedures or scheduling modifications that will promote the fair and expeditious resolution of Track 2 contentions, including scheduling NYS-25 and Track 2 contentions related to Supplement 2 to the SER separately from any remaining issues; (8) solicit the views of the participants regarding whether it is practical for the Board to set a deadline for the publication of additional review documents that would be considered within this pending proceeding, and to set a date for a hearing and resolution of the Track 2 contentions based on the existing license application and NRC Staff reviews.

No later than Monday, June 30 at 5:00 p.m., the Board requests that each party contact Kathleen Schroeder, the Boards Judicial Law Clerk, at Kathleen.Schroeder@nrc.gov, with times that it is not available for a teleconference on these issues during the weeks of July 7 and July 14, 2014. If a party indicates that it is not available at a particular date and time, that party must provide an explanation as to why it is not available. Prior to the scheduling conference, the Board will issue an order providing the telephone number and passcode to join the teleconference.

Lastly, the Board requests that each participant notify the Board by Thursday, July 3 at 5:00 p.m., with any additional issues that should be addressed during the upcoming status conference.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 25, 2014

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 (Scheduling Telephonic Conference) 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.

Mary B. Spencer, Esq.

U.S. Nuclear Regulatory Commission Anita Ghosh, Esq.

Office of the Secretary of the Commission Christina England, Esq.

Mail Stop O-16C1 Catherine E. Kanatas, 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 sherwin.turk@nrc.gov; Washington, DC 20555-0001 edward.williamson@nrc.gov beth.mizuno@nrc.gov; brian.harris.@nrc.gov Lawrence G. McDade, Chair david.roth@nrc.gov; mary.spencer@nrc.gov Administrative Judge anita.ghosh@nrc.gov; lawrence.mcdade@nrc.gov christina.england@nrc.gov; catherine.kanatas@nrc.gov; Richard E. Wardwell john.tibbetts@nrc.gov Administrative Judge richard.wardwell@nrc.gov OGC Mail Center OGCMailCenter@nrc.gov Michael F. Kennedy Administrative Judge William C. Dennis, Esq.

michael.kennedy@nrc.gov Assistant General Counsel Entergy Nuclear Operations, Inc.

Carter Thurman, Law Clerk 440 Hamilton Avenue carter.thurman@nrc.gov White Plains, NY 10601 wdennis@entergy.com Kathleen E. Oprea, Law Clerk Kathleen.Oprea@nrc.gov William B. Glew, Jr.

Organization: Entergy 440 Hamilton Avenue, White Plains, NY 10601 wglew@entergy.com

Docket Nos. 50-247-LR and 50-286-LR ORDER (Scheduling Telephonic Conference)

Elise N. Zoli, Esq. Phillip Musegaas, Esq.

Goodwin Proctor, LLP Deborah Brancato, Esq.

Exchange Place, 53 State Street Ramona Cearley, Secretary Boston, MA 02109 Riverkeeper, Inc.

ezoli@goodwinprocter.com 20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org; dbrancato@riverkeeper.org Daniel Riesel, Esq. rcearley@riverkeeper.org Victoria Shiah Treanor, Esq.

Adam Stolorow, Esq.

Jwala Gandhi, Paralegal Melissa-Jean Rotini, Esq.

Natoya Duncan, Paralegal Assistant County Attorney Counsel for Town of Cortlandt Office of Robert F. Meehan, Sive, Paget & Riesel, P.C. Westchester County Attorney 460 Park Avenue 148 Martine Avenue, 6th Floor New York, NY 10022 White Plains, NY 10601 driesel@sprlaw.com; vtreanor@sprlaw.com mjr1@westchestergov.com astolorow@sprlaw.com; jgandhi@sprlaw.com; nduncan@sprlaw.com Clint Carpenter, Esq.

Bobby Burchfield, Esq.

Kathryn M. Sutton, Esq. Matthew Leland, Esq.

Paul M. Bessette, Esq. McDermott, Will and Emergy LLP Martin J. ONeill, Esq. 600 13th Street, NW Raphael Kuyler, Esq. Washington, DC 20005 Lance Escher, Esq. ccarpenter@mwe.com; bburchfield@mwe.com Brooke McGlinn, Esq. mleland@mwe.com Susan Raimo, Esq.

Lesa G. Williams-Richardson, Legal Secretary Matthew W. Swinehart, Esq.

Doris Calhoun, Legal Secretary Covington & Burling LLP Morgan, Lewis & Bockius, LLP 1201 Pennsylvania Avenue, NW 1111 Pennsylvania Avenue, NW Washington, DC 20004 Washington, DC 20004 mswinehart@cov.com ksutton@morganlewis.com martin.oneill@morganlewis.com Edward F. McTiernan, Esq.

rkuyler@morganlewis.com; New York State Department lescher@morganlewis.com of Environmental Conservation bmcglinn@morganlewis.com Office of General Counsel sraimo@morganlewis.com 625 Broadway lrichardson@morganlewis.com 14th Floor dcalhoun@morganlewis.com Albany, NY 12233-1500 efmctier@gw.dec.state.ny.us 2

Docket Nos. 50-247-LR and 50-286-LR ORDER (Scheduling Telephonic Conference)

Manna Jo Greene, Environmental Director John J. Sipos, Esq.

Steven C. Filler Charles Donaldson, Esq.

Hudson River Sloop Clearwater, Inc. Kathryn Deluca, Esq.

724 Wolcott Ave. Elyse Houle, Legal Support Beacon, NY 12508 Assistant Attorneys General mannajo@clearwater.org; Office of the Attorney General stephenfiller@gmail.com of the State of New York The Capitol, State Street Albany, New York 12224 Andrew Reid, Esq. john.sipos@ag.ny.gov Organization: Hudson River Sloop charlie.donaldson@ag.ny.gov Clearwater, Inc. kathryn.deluca@ag.ny.gov Springer & Steinberg, P.C. elyse.houle@ag.ny.gov 1600 Broadway, Suite 1200 Denver, CO 80202 Robert D. Snook, Esq.

areid@springersteinberg.com Assistant Attorney General Office of the Attorney General Richard Webster, Esq. State of Connecticut Public Justice, P.C. 55 Elm Street For Hudson River Sloop Clearwater, Inc. P.O. Box 120 1825 K Street, NW, Suite 200 Hartford, CT 06141-0120 Washington, D.C. 20006 robert.snook@po.state.ct.us rwebster@publicjustice.net Janice A. Dean, Esq.

Michael J. Delaney, Esq. Kathryn DeLuca, Esq.

Director, Energy Regulatory Affairs Assistant Attorney General NYC Department of Environmental Protection Office of the Attorney General 59-17 Junction Boulevard of the State of New York Flushing, NY 11373 120 Broadway, 26th Floor mdelaney@dep.nyc.gov New York, New York 10271 janice.dean@ag.ny.gov kathryn.deluca@ag.ny.gov 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 25th day of June, 2014 3