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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD  
{{#Wiki_filter: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.                            November 9, 2012
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-----------------------------------------------------------x PARTIALLY UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE ADDITIONAL EXHIBITS CONCERNING CONTENTIONS NYS-37 AND NYS-5 Office of the Attorney General for the State of New York The Capitol State Street Albany, New York 12224
---------------
-----------x In re:       Docket Nos. 50-247-LR; 50-286-LR  


License Renewal Application Submitted by  ASLBP No. 07-858-03-LR-BD01
INTRODUCTION In accordance with 10 C.F.R. § 2.323(a) and the Atomic Safety and Licensing Boards direction during the September 24, 2012 prehearing teleconference, the State of New York requests leave to file four additional New York Exhibits, NYS000447, NYS00448A/B, NYS000449, and NYS000450.
Good cause exists for allowing late-filing of these exhibits. Two of these exhibits, NYS000447 and NYS000448, were created immediately before the October 24 hearing date for Contention NYS-37, are relevant to the issues addressed in that hearing, and may be discussed during the upcoming special session in Rockville, Maryland and the testimony of New York State witness Peter Bradford.1 The third exhibit, NYS000449, was created on October 31, 2012, and relates to Contention NYS-5, which the Board will take up on December 10. Likewise, the fourth exhibit, NYS000450, was submitted by Entergy to NRC on October 18, 2012 and may also relate to Contention NYS-5. The admission of these exhibits is necessary to develop a full hearing record and will not cause delay or harm to any party. The State has disclosed the first two documents to the parties and Staff has disclosed the second two documents to the State.
The State of New York 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 with respect to NYS00448A/B, NYS000449, and NYS000450. Entergy opposes the admission of NYS000447.
1 The parties have consulted about the date for this hearing in Rockville, Maryland, and have proposed a date to the Board. See November 6, 2012 email to ASLB from AAG Sipos.


Entergy Nuclear Indian Point 2, LLC,   DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. November 9, 2012  
ARGUMENT GOOD CAUSE EXISTS FOR ALLOWING THE STATE TO FILE THE ADDITIONAL EXHIBITS It is of the utmost importance that the Board has a full record of all material and relevant evidence when rendering its relicensing decision. See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-580, 11 N.R.C. 227, 230 (Atomic Licensing Appeal Board 1980) (No conceivable good is served by making empty findings in the absence of essential evidence.). To that end, the Board has indicated that parties may proffer newly-created, relevant documents identified as new exhibits. See Teleconference Tr. at 1220, 1245-46 (Sept. 24, 2012). The four documents the State seeks to introduce are:
The Synapse Report: On October 11, 2012 Synapse Energy Economics, Inc. released the a report, detailing the capacity for generating power in the absence of Indian Point Unit 2 and Indian Point Unit 3. Indian Point Replacement Analysis: A Clean Energy Roadmap, A Proposal for Replacing the Nuclear Plant with Clean, Sustainable Energy Resources, T. Woolf, M. Whited, T. Vitolo, K. Takahashi, D. White, October 11, 2012. The Board, on October 24, 2012, marked this document as Board Exhibit 6. New York State requests the Board admit the Synapse Report as NYS000447.
Energy Highway Task Force Report: On October 22, 2012, the New York Energy Highway Task Force released a Blueprint" describing power generation and transmission opportunities throughout the State. New York Energy Highway Blueprint, New York Energy Highway Task Force, October 22, 2012. The Board, on October 24, 2012, marked that document as Board Exhibit 7. New York State requests the Board admit the report as NYS00448 A/B.
October 31 NRC Phone Conference Summary: On October 31, 2012, the Nuclear Regulatory Commission released a summary of a telephone conference from October 11, 2012. Summary of Telephone Conference Call Held on October 11, 2012 Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc., Concerning the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application, U.S. NRC, 10/31/2012, Adams Accession Number ML12289A880. The summary states that the call discussed recently-identified piping at the Indian Point facilities. New York State requests the Board admit the summary as NYS000449.
2


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NL-12-149: On October 18, 2012, Entergy submitted communication NL-12-149 to the NRC as a result of the October 11, 2012 phone conference and set out new proposals concerning the recently-identified piping at the Indian Point facilities. New York State requests the Board admit the summary as NYS000450.
---------------
The State disclosed these documents to Entergy, NRC Staff, the State, and the other parties.
---------------
These documents are relevant to recent and upcoming Evidentiary Hearings, and none of the documentsdated October 11, 2012, October 22, 2012, October 31, 2012, and October 18, 2012 respectivelywere previously available to the State for inclusion in the States June 29, 2012 rebuttal submissions. Two documents relate to Contention NY-37 and the presentand futureability to supply electric generation capacity. The Synapse Report analyzes the capacity for generating power in the absence of Indian Point Unit 2 or Indian Point Unit 3. The Energy Highway Task Force Blueprint details options to develop and update power generation and transmission throughout the State. The issues addressed in these documents were already hearing topics, and will continue to be hearing topics during the special session at which NY State witness Peter Bradford will appear. The latter two documents relate to Contention NYS-5 and the management of piping. NRCs conference-call summary discusses recently-identified piping at Indian Point. Entergys NL-12-149 communication discusses also Indian Point piping. The issues addressed in those document could well be discussed during the December hearing dates for Contention NYS-5. The introduction of these exhibits will not expand the scope of the hearing, but rather provide necessary information to ensure that the Board's ultimate decision on relicensing is based on a complete record. Furthermore, the State has disclosed these documents to the parties.
-----------x
During the consultation process for this motion, Entergy opposed the admission of the Synapse Report at this time. Entergys opposition is based on statements by the AAGs Dean and 3


PARTIALLY UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE  ADDITIONAL EXHIBITS CONCERNING  CONTENTIONS NYS-37 AND NYS-5  
Sipos that they neither commissioned the report nor knew of its preparation. Entergy also stated that no witness has yet expressly referred to the Synapse Report. The State submits that Entergys position does not withstand scrutiny: it proves too little and too much. Suffice to say, in the past few months, several documents that relate to admitted contentions have come into existence that the State representatives (and representatives of other parties, including Entergy) did not commission or have advance knowledge of and the Board has seen fit to admit those documents as exhibits following motions by various parties. As to Entergys argument that no witness has yet testified about the Synapse Report, the State submits that witnesses should be able to discuss the report at the upcoming session in Rockville.
CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000447 to NYS000450 as additional exhibits. The four documents, with exhibit markers, accompany this filing.
The State also proposes to file a single updated Exhibit List following its submission of reply papers in support of Joint Contention NYS-38/RK-TC-5.
Respectfully submitted, Signed (electronically) by                            Signed (electronically) by John J. Sipos                                          Adam P. Solomon Assistant Attorney General                            (New York Bar Membership Pending)
Office of the Attorney General                        Office of the Attorney General for the State of New York                              for the State of New York The Capitol                                            The Capitol Albany, New York 12224                                Albany, New York 12224 (518) 402-2251                                        (518) 474-1978 Dated: November 9, 2012 4


Office of the Attorney General for the State of New York  
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, with the exception, as noted in the accompanying motion, that Entergy opposes the admission of NYS000447.
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 November 9, 2012 5


The Capitol
UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
-----------------------------------------------------------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.                                    November 9, 2012
-----------------------------------------------------------x CERTIFICATE OF SERVICE I hereby certify that on November 9, 2012, copies of the Unopposed Motion by State of New York Motion For Leave to File Additional Exhibits; Exhibits NYS000447 - NYS000450; 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                    Anne Siarnacki, Esq., 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                                      Anne.Siarnacki@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov                                      Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Panel                      U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission                          Mailstop 16 G4 Mailstop 3 F23                                              One White Flint North Two White Flint North                                        11555 Rockville Pike 11545 Rockville Pike                                        Rockville, MD 20852-2738 Rockville, MD 20852-2738                                    ocaamail@nrc.gov


State Street  
Office of the Secretary                    Bobby R. Burchfield, Esq.
Attn: Rulemaking and Adjudications Staff  Matthew M. Leland, Esq.
U.S. Nuclear Regulatory Commission        Clint A. Carpenter, Esq.
Mailstop 3 F23                            McDermott Will & Emery LLC Two White Flint North                      600 13th Street, NW 11545 Rockville Pike                      Washington, DC 20005-3096 Rockville, MD 20852-2738                  bburchfield@mwe.com hearingdocket@nrc.gov                      mleland@mwe.com ccarpenter@mwe.com Sherwin E. Turk, Esq.
David E. Roth, Esq.                        Richard A. Meserve, Esq.
Beth N. Mizuno, Esq.                      Covington & Burling LLP Brian G. Harris, Esq.                      1201 Pennsylvania Avenue, NW Anita Ghosh, Esq.                          Washington, DC 20004-2401 Joseph A. Lindell, Esq.                    rmeserve@cov.com Office of the General Counsel U.S. Nuclear Regulatory Commission        Elise N. Zoli, Esq.
Mailstop 15 D21                            Goodwin Procter, LLP One White Flint North                      Exchange Place 11555 Rockville Pike                      53 State Street Rockville, MD 20852-2738                  Boston, MA 02109 sherwin.turk@nrc.gov                      ezoli@goodwinprocter.com david.roth@nrc.gov beth.mizuno@nrc.gov                        William C. Dennis, Esq.
brian.harris@nrc.gov                      Assistant General Counsel anita.ghosh@nrc.gov                        Entergy Nuclear Operations, Inc.
Joseph.Lindell@nrc.gov                    440 Hamilton Avenue White Plains, NY 10601 Kathryn M. Sutton, Esq.                    wdennis@entergy.com Paul M. Bessette, Esq.
Jonathan Rund, Esq.                        Robert D. Snook, Esq.
Raphael Kuyler, Esq.                      Assistant Attorney General Morgan, Lewis & Bockius LLP                Office of the Attorney General 1111 Pennsylvania Avenue, NW              State of Connecticut Washington, DC 20004                      55 Elm Street ksutton@morganlewis.com                    P.O. Box 120 pbessette@morganlewis.com                  Hartford, CT 06141-0120 jrund@morganlewis.com                      robert.snook@ct.gov rkuyler@morganlewis.com Melissa-Jean Rotini, Esq.
Martin J. ONeill, Esq.                    Assistant County Attorney Morgan, Lewis & Bockius LLP                Office of the Westchester County Attorney Suite 4000                                Michaelian Office Building 1000 Louisiana Street                     148 Martine Avenue, 6th Floor Houston, TX 77002                          White Plains, NY 10601 martin.oneill@morganlewis.com            MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.
2


Albany, New York 12224 INTRODUCTION In accordance with 10 C.F.R. § 2.323(a) and the Atomic Safety and Licensing Board's  direction during the September 24, 2012 prehearing teleconferen ce, the State of New York requests leave to file four additional New York Exhibits, NYS000447, NYS00448A/B, NYS000449, and NYS000450.
Village of Buchanan              Karla Raimundi, Envtl Justice Associate Municipal Building                Hudson River Sloop Clearwater, Inc.
Good cause exists for allowing late-filing of these exhibits. Two of these exhibits, NYS000447 and NYS000448, were created immediately before the October 24 hearing date for Contention NYS-37, are relevant to the issues addressed in that hearing, and may be discussed during the upcoming special session in Rockville, Maryland and the testimony of New York State witness Peter Bradford.
236 Tate Avenue                   724 Wolcott Avenue Buchanan, NY 10511-1298           Beacon, NY 12508 vob@bestweb.net                   Mannajo@clearwater.org karla@clearwater.org Daniel Riesel, Esq.               stephenfiller@gmail.com Thomas F. Wood, Esq.
1  The third exhibit, NYS000449, was created on October 31, 2012, and relates to Contention NYS-5, which the Board will take up on December 10. Likewise, the fourth exhibit, NYS000450, was submitted by Entergy to NRC on October 18, 2012 and may also relate to Contention NYS-5. The admission of these exhib its is necessary to develop a full hearing record and will not cause delay or harm to any party. The State has disclosed the first two documents to the parties and Staff has disclosed the second two documents to the State. The State of New York 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 with respect to NYS00448A/B, NYS000449, and NYS000450. Entergy opposes the admission of NYS000447. 
Victoria S. Treanor, Esq.         Richard Webster, Esq.
 
Sive, Paget & Riesel, P.C.       Public Justice, P.C.
1 The parties have consulted about the date for this hearing in Rockville, Maryland, and have proposed a date to the Board.
460 Park Avenue                   Suite 200 New York, NY 10022               1825 K Street, NW driesel@sprlaw.com               Washington, DC 20006 vtreanor@sprlaw.com               rwebster@publicjustice.net Michael J. Delaney, Esq.         Phillip Musegaas, Esq.
See November 6, 2012 email to ASLB from AAG Sipos.
Director                          Deborah Brancato, Esq.
2ARGUMENT GOOD CAUSE EXISTS FOR ALLOWI NG THE STATE TO FILE THE ADDITIONAL EXHIBITS It is of the utmost importance that the Board has a full record of all material and relevant evidence when rendering its relicensing decision.
Energy Regulatory Affairs        Riverkeeper, Inc.
See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-580, 11 N.R.C. 227, 230 (Atomic Licensing Appeal Board 1980) ("No conceivable good is served by making empty findings in the absence of essential evidence."). To that end, the Board has indicated that parties may proffer newly-created, relevant documents id entified as new exhibits. See Teleconference Tr. at 1220, 1245-46 (Sept. 24, 2012). The four documents the State seeks to introduce are:  The Synapse Report: On October 11, 2012 Synapse Energy Economics, Inc. released the a report, detaili ng the capacity for generating power in the absence of Indian Point Un it 2 and Indian Point Unit 3.
NYC Department of Environmental  20 Secor Road Protection                        Ossining, NY 10562 59-17 Junction Boulevard          phillip@riverkeeper.org Flushing, NY 11373                dbrancato@riverkeeper.org (718) 595-3982 mdelaney@dep.nyc.gov Signed (electronically) by Adam P. Solomon State of New York (518) 474-1978 Dated at Albany, New York this 9th day of November, 2012 3}}
Indian Point Replacement Analysis: A Clean Energy Roadmap, A Proposal for Replacing the Nuclear Plant with Clean, Sustainable Energy Resources , T. Woolf, M. Whited, T. Vitolo, K. Takahashi, D. White, October 11, 2012. The Board, on October 24, 2012, marked this document as Board Exhibit 6. New York State requests the Board admit the Synapse Report as NYS000447. Energy Highway Task Force Report: On October 22, 2012, the New York Energy Highway Task Force released a "Blueprint" describing power generation and transmission opportun ities throughout the State.
New York Energy Highway Blueprint , New York Energy Highway Task Force, October 22, 2012. The Board, on October 24, 2012, marked that document as Board Exhibit 7. New York State requests the Board admit the report as NYS00448 A/B. October 31 NRC Phone Conference Summary: On October 31, 2012, the Nuclear Regulatory Commission released a summary of a telephone conference from October 11, 2012.
Summary of Telephone Conference Call Held on October 11, 2012 Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operati ons, Inc., Concerning the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application, U.S. NRC, 10/31/2012, Adams Accession Number ML12289A880. The summary states that the call discussed recently-identified piping at the Indian Point facilities. New York State requests the Board admit the summary as NYS000449.
3 NL-12-149: On October 18, 2012, Entergy submitted communication NL-12-149 to the NRC as a result of the October 11, 2012 phone conference and set out new proposals concerning the recently-identified piping at the Indian Point facilities. New York State requests the Board admit the
 
summary as NYS000450. The State disclosed these documents to Entergy, NRC Staff, the State, and the other parties. These documents are relevant to recent and upcoming Evidentiary Hearings, and none of the documents-dated October 11, 2012, Oct ober 22, 2012, October 31, 2012, and October 18, 2012 respectively-were previously available to the State for incl usion in the State's June 29, 2012 rebuttal submissions. Two documents relate to Contention NY-37 and the present-and future-ability to supply electric generation capacity. The Synapse Report analyzes the capacity
 
for generating power in the abse nce of Indian Point Unit 2 or Indian Point Unit 3. The Energy Highway Task Force Blueprint details options to develop and update power generation and transmission throughout the State.
The issues addressed in these documents were already hearing topics, and will continue to be hearing topics during the special session at which NY State witness Peter Bradford will appear. The latter two documents relate to Contention NYS-5 and the management of piping. NRC's conference-call summary discusses recently-identified piping at Indian Point. Entergy's NL-12-149 communica tion discusses also Indian Point piping. The issues addressed in those document could well be discussed during the December hearing dates
 
for Contention NYS-5. The introdu ction of these exhibits will not expand the scope of the hearing, but rather provide necessary information to ensure that the Board's ultimate decision on relicensing is based on a complete record. Furthermore, the State has disclosed these documents to the parties. During the consultation process for this motion, Entergy opposed the admission of the Synapse Report at this time. Entergy's opposition is based on statements by the AAGs Dean and 4Sipos that they neither commissi oned the report nor knew of its pr eparation. Entergy also stated that no witness has yet expressly referred to the Synapse Report. The State submits that Entergy's position does not withst and scrutiny: it proves too little and too much. Suffice to say, in the past few months, several documents that relate to admitted contentions have come into existence that the State representatives (and repres entatives of other parties, including Entergy) did not commission or have advance knowledge of and the Board has seen fit to admit those documents as exhibits following motions by various parties. As to Entergy's argument that no witness has yet testified about the Synapse Report, the State submits that witnesses should be able to discuss the report at the upcoming session in Rockville. CONCLUSION  For the above reasons, the State respectfully requests that the Boar d grant the State of New York leave to file NYS000447 to NYS000450 as additional exhibits. The four documents, with exhibit markers, accompany this filing. The State also proposes to file a single updated Exhibit List following its submission of reply papers in support of Joint Contention NYS-38/RK-TC-5.
 
Respectfully submitted,
 
Signed (electronically) by 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 Adam P. Solomon (New York Bar Membership Pending) Office of the Attorney General for the State of New York The Capitol Albany, New York  12224 (518) 474-1978 Dated: November 9, 2012 5 Certificate Pursuant to 10 C.F.R. § 2.323  In accordance with the Board's 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 York's efforts to re solve the issues with the other parties has been successful, and none of the parties oppose the State's motion, with the exception, as noted in the accompanying motion, that Entergy opposes the admission of NYS000447.
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 November 9, 2012
 
UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
------------------
---------------
---------------
-----------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. November 9, 2012
 
------------------
---------------
---------------
-----------x CERTIFICATE OF SERVICE  I hereby certify that on November 9, 2012, copies of the Unopposed Motion by State of New York Motion For Leave to File Additional Exhibits; Exhibits NYS000447 - NYS000450; were served electronically via the Electronic Information Exchange on the following recipients:
 
Lawrence G. McDade, Chair
 
Richard E. Wardwell, Administrative Judge Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel
 
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
 
11545 Rockville Pike
 
Rockville, MD 20852-2738
 
Lawrence.McDade@nrc.gov Richard.Wardwell@nrc.gov
 
Michael.Kennedy@nrc.gov
 
Atomic Safety and Licensing Board Panel
 
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
 
11545 Rockville Pike
 
Rockville, MD 20852-2738
 
Shelbie Lewman, Esq. Law Clerk Anne Siarnacki, Esq., Law Clerk Atomic Safety and Licensing Board Panel
 
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike
 
Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov
 
Anne.Siarnacki@nrc.gov
 
Office of Commission Appellate
 
Adjudication
 
U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North
 
11555 Rockville Pike
 
Rockville, MD 20852-2738 ocaamail@nrc.gov
 
2 Office of the Secretary Attn: Rulemaking and Adjudications Staff
 
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
 
11545 Rockville Pike
 
Rockville, MD 20852-2738
 
hearingdocket@nrc.gov
 
Sherwin E. Turk, Esq.
 
David E. Roth, Esq.
 
Beth N. Mizuno, Esq.
 
Brian G. Harris, Esq.
 
Anita Ghosh, Esq.
 
Joseph A. Lindell, Esq.
 
Office of the General Counsel
 
U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North
 
11555 Rockville Pike
 
Rockville, MD 20852-2738
 
sherwin.turk@nrc.gov
 
david.roth@nrc.gov beth.mizuno@nrc.gov
 
brian.harris@nrc.gov
 
anita.ghosh@nrc.gov Joseph.Lindell@nrc.gov
 
Kathryn M. Sutton, Esq.
 
Paul M. Bessette, Esq.
 
Jonathan Rund, Esq.
 
Raphael Kuyler, Esq.
 
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW
 
Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com jrund@morganlewis.com rkuyler@morganlewis.com
 
Martin J. O'Neill, Esq.
 
Morgan, Lewis & Bockius LLP
 
Suite 4000
 
1000 Louisiana Street
 
Houston, TX 77002 martin.o'neill@morganlewis.com Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW
 
Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com
 
Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW
 
Washington, DC 20004-2401 rmeserve@cov.com
 
Elise N. Zoli, Esq.
 
Goodwin Procter, LLP
 
Exchange Place
 
53 State Street
 
Boston, MA 02109 ezoli@goodwinprocter.com
 
William C. Dennis, Esq.
 
Assistant General Counsel
 
Entergy Nuclear Operations, Inc. 440 Hamilton Avenue White Plains, NY 10601 wdennis@entergy.com
 
Robert D. Snook, Esq.
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
 
Melissa-Jean Rotini, Esq.
 
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building
 
148 Martine Avenue, 6th Floor
 
White Plains, NY 10601 MJR1@westchestergov.com Daniel E. O'Neill, Mayor James Seirmarco, M.S.
3Village of Buchanan Municipal Building
 
236 Tate Avenue  
 
Buchanan, NY 10511-1298  
 
vob@bestweb.net  
 
Daniel Riesel, Esq.
Thomas F. Wood, Esq.  
 
Victoria S. Treanor, Esq.  
 
Sive, Paget & Riesel, P.C.  
 
460 Park Avenue  
 
New York, NY 10022 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
 
Dated at Albany, New York this 9th day of November, 2012Karla Raimundi, Envt'l Justice Associate Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue
 
Beacon, NY 12508 Mannajo@clearwater.org
 
karla@clearwater.org stephenfiller@gmail.com
 
Richard Webster, Esq.
Public Justice, P.C.
 
Suite 200 1825 K Street, NW
 
Washington, DC 20006 rwebster@publicjustice.net
 
Phillip Musegaas, Esq.  
 
Deborah Brancato, Esq.  
 
Riverkeeper, Inc.  
 
20 Secor Road  
 
Ossining, NY 10562  
 
phillip@riverkeeper.org dbrancato@riverkeeper.org  
 
Signed (electronically) by
____________________________________ Adam P. Solomon  
 
State of New York  
 
(518) 474-1978}}

Latest revision as of 11:44, 6 February 2020

Partially Unopposed Motion by State of New York for Leave to File Additional Exhibits Concerning Contentions NYS-37 and NYS-5
ML12314A302
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 11/09/2012
From: Sipos J, Solomon A
State of NY, Office of the Attorney General
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, NYS-37, NYS-38/RK-TC-5, NYS-5, RAS 23731
Download: ML12314A302 (9)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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. November 9, 2012

x PARTIALLY UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE ADDITIONAL EXHIBITS CONCERNING CONTENTIONS NYS-37 AND NYS-5 Office of the Attorney General for the State of New York The Capitol State Street Albany, New York 12224

INTRODUCTION In accordance with 10 C.F.R. § 2.323(a) and the Atomic Safety and Licensing Boards direction during the September 24, 2012 prehearing teleconference, the State of New York requests leave to file four additional New York Exhibits, NYS000447, NYS00448A/B, NYS000449, and NYS000450.

Good cause exists for allowing late-filing of these exhibits. Two of these exhibits, NYS000447 and NYS000448, were created immediately before the October 24 hearing date for Contention NYS-37, are relevant to the issues addressed in that hearing, and may be discussed during the upcoming special session in Rockville, Maryland and the testimony of New York State witness Peter Bradford.1 The third exhibit, NYS000449, was created on October 31, 2012, and relates to Contention NYS-5, which the Board will take up on December 10. Likewise, the fourth exhibit, NYS000450, was submitted by Entergy to NRC on October 18, 2012 and may also relate to Contention NYS-5. The admission of these exhibits is necessary to develop a full hearing record and will not cause delay or harm to any party. The State has disclosed the first two documents to the parties and Staff has disclosed the second two documents to the State.

The State of New York 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 with respect to NYS00448A/B, NYS000449, and NYS000450. Entergy opposes the admission of NYS000447.

1 The parties have consulted about the date for this hearing in Rockville, Maryland, and have proposed a date to the Board. See November 6, 2012 email to ASLB from AAG Sipos.

ARGUMENT GOOD CAUSE EXISTS FOR ALLOWING THE STATE TO FILE THE ADDITIONAL EXHIBITS It is of the utmost importance that the Board has a full record of all material and relevant evidence when rendering its relicensing decision. See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-580, 11 N.R.C. 227, 230 (Atomic Licensing Appeal Board 1980) (No conceivable good is served by making empty findings in the absence of essential evidence.). To that end, the Board has indicated that parties may proffer newly-created, relevant documents identified as new exhibits. See Teleconference Tr. at 1220, 1245-46 (Sept. 24, 2012). The four documents the State seeks to introduce are:

The Synapse Report: On October 11, 2012 Synapse Energy Economics, Inc. released the a report, detailing the capacity for generating power in the absence of Indian Point Unit 2 and Indian Point Unit 3. Indian Point Replacement Analysis: A Clean Energy Roadmap, A Proposal for Replacing the Nuclear Plant with Clean, Sustainable Energy Resources, T. Woolf, M. Whited, T. Vitolo, K. Takahashi, D. White, October 11, 2012. The Board, on October 24, 2012, marked this document as Board Exhibit 6. New York State requests the Board admit the Synapse Report as NYS000447.

Energy Highway Task Force Report: On October 22, 2012, the New York Energy Highway Task Force released a Blueprint" describing power generation and transmission opportunities throughout the State. New York Energy Highway Blueprint, New York Energy Highway Task Force, October 22, 2012. The Board, on October 24, 2012, marked that document as Board Exhibit 7. New York State requests the Board admit the report as NYS00448 A/B.

October 31 NRC Phone Conference Summary: On October 31, 2012, the Nuclear Regulatory Commission released a summary of a telephone conference from October 11, 2012. Summary of Telephone Conference Call Held on October 11, 2012 Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc., Concerning the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application, U.S. NRC, 10/31/2012, Adams Accession Number ML12289A880. The summary states that the call discussed recently-identified piping at the Indian Point facilities. New York State requests the Board admit the summary as NYS000449.

2

NL-12-149: On October 18, 2012, Entergy submitted communication NL-12-149 to the NRC as a result of the October 11, 2012 phone conference and set out new proposals concerning the recently-identified piping at the Indian Point facilities. New York State requests the Board admit the summary as NYS000450.

The State disclosed these documents to Entergy, NRC Staff, the State, and the other parties.

These documents are relevant to recent and upcoming Evidentiary Hearings, and none of the documentsdated October 11, 2012, October 22, 2012, October 31, 2012, and October 18, 2012 respectivelywere previously available to the State for inclusion in the States June 29, 2012 rebuttal submissions. Two documents relate to Contention NY-37 and the presentand futureability to supply electric generation capacity. The Synapse Report analyzes the capacity for generating power in the absence of Indian Point Unit 2 or Indian Point Unit 3. The Energy Highway Task Force Blueprint details options to develop and update power generation and transmission throughout the State. The issues addressed in these documents were already hearing topics, and will continue to be hearing topics during the special session at which NY State witness Peter Bradford will appear. The latter two documents relate to Contention NYS-5 and the management of piping. NRCs conference-call summary discusses recently-identified piping at Indian Point. Entergys NL-12-149 communication discusses also Indian Point piping. The issues addressed in those document could well be discussed during the December hearing dates for Contention NYS-5. The introduction of these exhibits will not expand the scope of the hearing, but rather provide necessary information to ensure that the Board's ultimate decision on relicensing is based on a complete record. Furthermore, the State has disclosed these documents to the parties.

During the consultation process for this motion, Entergy opposed the admission of the Synapse Report at this time. Entergys opposition is based on statements by the AAGs Dean and 3

Sipos that they neither commissioned the report nor knew of its preparation. Entergy also stated that no witness has yet expressly referred to the Synapse Report. The State submits that Entergys position does not withstand scrutiny: it proves too little and too much. Suffice to say, in the past few months, several documents that relate to admitted contentions have come into existence that the State representatives (and representatives of other parties, including Entergy) did not commission or have advance knowledge of and the Board has seen fit to admit those documents as exhibits following motions by various parties. As to Entergys argument that no witness has yet testified about the Synapse Report, the State submits that witnesses should be able to discuss the report at the upcoming session in Rockville.

CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000447 to NYS000450 as additional exhibits. The four documents, with exhibit markers, accompany this filing.

The State also proposes to file a single updated Exhibit List following its submission of reply papers in support of Joint Contention NYS-38/RK-TC-5.

Respectfully submitted, Signed (electronically) by Signed (electronically) by John J. Sipos Adam P. Solomon Assistant Attorney General (New York Bar Membership Pending)

Office of the Attorney General Office of the Attorney General for the State of New York for the State of New York The Capitol The Capitol Albany, New York 12224 Albany, New York 12224 (518) 402-2251 (518) 474-1978 Dated: November 9, 2012 4

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, with the exception, as noted in the accompanying motion, that Entergy opposes the admission of NYS000447.

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 November 9, 2012 5

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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. November 9, 2012

x CERTIFICATE OF SERVICE I hereby certify that on November 9, 2012, copies of the Unopposed Motion by State of New York Motion For Leave to File Additional Exhibits; Exhibits NYS000447 - NYS000450; 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 Anne Siarnacki, Esq., 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 Anne.Siarnacki@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 16 G4 Mailstop 3 F23 One White Flint North Two White Flint North 11555 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 ocaamail@nrc.gov

Office of the Secretary Bobby R. Burchfield, Esq.

Attn: Rulemaking and Adjudications Staff Matthew M. Leland, Esq.

U.S. Nuclear Regulatory Commission Clint A. Carpenter, Esq.

Mailstop 3 F23 McDermott Will & Emery LLC Two White Flint North 600 13th Street, NW 11545 Rockville Pike Washington, DC 20005-3096 Rockville, MD 20852-2738 bburchfield@mwe.com hearingdocket@nrc.gov mleland@mwe.com ccarpenter@mwe.com Sherwin E. Turk, Esq.

David E. Roth, Esq. Richard A. Meserve, Esq.

Beth N. Mizuno, Esq. Covington & Burling LLP Brian G. Harris, Esq. 1201 Pennsylvania Avenue, NW Anita Ghosh, Esq. Washington, DC 20004-2401 Joseph A. Lindell, Esq. rmeserve@cov.com Office of the General Counsel U.S. Nuclear Regulatory Commission Elise N. Zoli, Esq.

Mailstop 15 D21 Goodwin Procter, LLP One White Flint North Exchange Place 11555 Rockville Pike 53 State Street Rockville, MD 20852-2738 Boston, MA 02109 sherwin.turk@nrc.gov ezoli@goodwinprocter.com david.roth@nrc.gov beth.mizuno@nrc.gov William C. Dennis, Esq.

brian.harris@nrc.gov Assistant General Counsel anita.ghosh@nrc.gov Entergy Nuclear Operations, Inc.

Joseph.Lindell@nrc.gov 440 Hamilton Avenue White Plains, NY 10601 Kathryn M. Sutton, Esq. wdennis@entergy.com Paul M. Bessette, Esq.

Jonathan Rund, Esq. Robert D. Snook, Esq.

Raphael Kuyler, Esq. Assistant Attorney General Morgan, Lewis & Bockius LLP Office of the Attorney General 1111 Pennsylvania Avenue, NW State of Connecticut Washington, DC 20004 55 Elm Street ksutton@morganlewis.com P.O. Box 120 pbessette@morganlewis.com Hartford, CT 06141-0120 jrund@morganlewis.com robert.snook@ct.gov rkuyler@morganlewis.com Melissa-Jean Rotini, Esq.

Martin J. ONeill, Esq. Assistant County Attorney Morgan, Lewis & Bockius LLP Office of the Westchester County Attorney Suite 4000 Michaelian Office Building 1000 Louisiana Street 148 Martine Avenue, 6th Floor Houston, TX 77002 White Plains, NY 10601 martin.oneill@morganlewis.com MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.

2

Village of Buchanan Karla Raimundi, Envtl Justice Associate Municipal Building Hudson River Sloop Clearwater, Inc.

236 Tate Avenue 724 Wolcott Avenue Buchanan, NY 10511-1298 Beacon, NY 12508 vob@bestweb.net Mannajo@clearwater.org karla@clearwater.org Daniel Riesel, Esq. stephenfiller@gmail.com Thomas F. Wood, Esq.

Victoria S. Treanor, Esq. Richard Webster, Esq.

Sive, Paget & Riesel, P.C. Public Justice, P.C.

460 Park Avenue Suite 200 New York, NY 10022 1825 K Street, NW driesel@sprlaw.com Washington, DC 20006 vtreanor@sprlaw.com rwebster@publicjustice.net Michael J. Delaney, Esq. Phillip Musegaas, Esq.

Director Deborah Brancato, Esq.

Energy Regulatory Affairs Riverkeeper, Inc.

NYC Department of Environmental 20 Secor Road Protection Ossining, NY 10562 59-17 Junction Boulevard phillip@riverkeeper.org Flushing, NY 11373 dbrancato@riverkeeper.org (718) 595-3982 mdelaney@dep.nyc.gov Signed (electronically) by Adam P. Solomon State of New York (518) 474-1978 Dated at Albany, New York this 9th day of November, 2012 3

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