Joint Motion for Approval of Settlement Agreement and Dismissal of New York State Contention 24ML11355A204 |
Person / Time |
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Site: |
Indian Point ![Entergy icon.png](/w/images/7/79/Entergy_icon.png) |
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Issue date: |
12/21/2011 |
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From: |
Bessette P, Jeremy Dean, Donaldson C Entergy Nuclear Indian Point 2, Entergy Nuclear Indian Point 3, Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP, State of NY, Office of the Attorney General |
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To: |
Atomic Safety and Licensing Board Panel |
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SECY RAS |
Shared Package |
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ML11355A201 |
List: |
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References |
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RAS 21595, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 |
Download: ML11355A204 (3) |
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Category:Legal-Motion
MONTHYEARML23136B1622023-05-15015 May 2023 Town of North Salem, County of Westchester, New York Board Resolution Letter Regarding Treated Water Release from Indian Point Site ML21153A0072021-05-28028 May 2021 5-28-21 Motion for Voluntary Dismissal (DC Cir.)(Case No. 21-1084) ML21050A4322021-02-18018 February 2021 2-18-21 Motion to Intervene (DC Cir.)(Case No. 21-1037) ML20311A6602020-11-0606 November 2020 Motion of Riverkeeper, Inc. for Full Adjudication of Its Pending Contention Prior to Any Decision by NRC on the License Transfer ML20311A6612020-11-0606 November 2020 Declaration of David Lochbaum in Support of Riverkeeper'S Motion for Full Adjudication of Its Pending Contention Prior to Any Decision by NRC on the License Transfer ML20296A2832020-10-20020 October 2020 Resubmission of Motion of Riverkeeper, Inc. to Supplement the Basis for Its Contention with New Evidence Not Previously Available (Technical Correction) ML20084Q1912020-03-24024 March 2020 New York State Motion for Leave to Amend Contentions NY-2 and NY-3 ML20072K2862020-03-12012 March 2020 Unopposed Motion of Riverkeeper, Inc. for an Enlargement of Time to File Its Reply ML20071J9722020-03-11011 March 2020 Unopposed Motion of the Town of Cortlandt, Village of Buchanan and Hendrick Hudson School District for an Enlargement of Time to File Its Reply ML20071D8392020-03-11011 March 2020 Unopposed Motion of the State of New York for an Enlargement of Time to File Its Reply ML18347B0662018-12-13013 December 2018 Intervenors' Motion for Production by the Regulatory Staff of Post Operational Inspection Reports ML17039B0912017-02-0808 February 2017 Kwong Declaration of Lisa Kwong ML17039B0922017-02-0808 February 2017 Declaration of Diane Curran ML17039B0902017-02-0808 February 2017 NYS and Riverkeeper Notice of Withdrawal and Unopposed Motion to Dismiss Contentions and Proceeding ML16300A3882016-10-26026 October 2016 Unopposed Joint Motion to Extend Track 2 Hearing Schedule Deadlines ML16207A7132016-07-25025 July 2016 Joint Motion for Reconsideration or, in the Alternative, Clarification of the July 13, 2016 Licensing Board Order Scheduling Further Filings on the Track 2 Contentions ML16182A5112016-06-30030 June 2016 State of New York Motion to Establish Schedule ML16189A3182016-06-16016 June 2016 Entergy Motion to Intervene (D C Cir 6-16-16 ML16085A2122016-03-25025 March 2016 NYS Certificate of Service ML16085A2112016-03-25025 March 2016 NYS Reply in Support of Contention NYS-40 ML16069A2922016-03-0909 March 2016 NYS Cover Letter Regarding February 19, 2016, Order (Requesting Expert Testimony on New York'S Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law) ML16069A2932016-03-0909 March 2016 NYS Unopposed Motion for Extension of Time to File Reply Expert Testimony ML16069A2942016-03-0909 March 2016 NYS Cos Regarding Unopposed Motion for Extension of Time to File Reply Expert Testimony ML16068A4412016-03-0808 March 2016 Riverkeeper Motion to Admit New Contention in Indian Point Case ML16060A5872016-02-29029 February 2016 NYS Supplement to February 22, 2016 Motion for Leave ML16060A5882016-02-29029 February 2016 NYS Certificate of Service ML16057A5322016-02-26026 February 2016 NYS Motion for Stay or to Vacate ML16057A5542016-02-26026 February 2016 NYS Certificate of Service ML16057A5332016-02-26026 February 2016 NYS Declaration in Support of Motion ML16057A5532016-02-24024 February 2016 NYS Exhibit 14 on Notification of Issuance of License Amendment ML16057A5522016-02-23023 February 2016 NYS Exhibit 13 on NRC Issuance of Amendment Re Extension of Containment Integrated Leak Rate Test to 15 Years ML16054A6712016-02-22022 February 2016 NYS Motion for Leave Re Contention NYS-40 ML16057A5492016-02-22022 February 2016 NYS Exhibit 12 on Commission Notification of Significant Licensing Action ML16047A4252016-02-16016 February 2016 NRC Staff Answer to New York Motion for Leave to File Six Documents as Additional Exhibits ML16036A3512016-02-0505 February 2016 NYS Cover Letter - Submitting Motion for Leave to File Additional Exhibits ML16036A3552016-02-0505 February 2016 Attachment 2 - to State of New York Kwong Declaration Dated February 5, 2016 ML16036A3622016-02-0505 February 2016 NYS000589 - Revised Track 2 New York State Exhibits List ML16036A3612016-02-0505 February 2016 NYS000588 - NRC Inspection Report, Indian Point Unit 3, 05000286/2015011 (November 19, 2015) (ML15323A026) ML16036A3632016-02-0505 February 2016 Declaration for Lisa S. Kwong ML16036A3722016-02-0505 February 2016 NYS Motion for Leave Cos Public EIE ML16036A3732016-02-0505 February 2016 NYS Motion for Leave Coa Non Public EIE ML16036A3542016-02-0505 February 2016 Attachment 1- New York State List of Attachments and Proposed Exhibits Table ML16036A3532016-02-0505 February 2016 NYS Motion for Leave to File Six Documents as Additional Exhibits ML15357A5562015-12-23023 December 2015 Entergy'S Answer to Opposing State of New York Motion for Public Disclosure of Six Revised Westinghouse Documents ML15348A4382015-12-14014 December 2015 Attachment 4 - Cover Page of ENTR00681 WCAP-17199-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted ML15348A4392015-12-14014 December 2015 Attachment 5 - Cover Page of ENTR00682 WCAP-17200-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted ML15348A4402015-12-14014 December 2015 Attachment 6 - Cover Page of ENTR00683 CN-PAFM-13-32, Revision 4, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted ML15348A4412015-12-14014 December 2015 Attachment 7 - Cover Page of ENTR00689 WCAP-12191, Revision 5, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted ML15348A4422015-12-14014 December 2015 Attachment 8 - Cover Page of ENTR00690 WCAP-16898-P, Revision 2, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement, Full Text Copyrighted ML15348A4432015-12-14014 December 2015 Attachment 9 - Cover Page of ENTR00727 CN-PAFM-09-21, Revision 4, Contains Westinghouse Designated Proprietary Information Subject to Nondisclosure Agreement Full Text Copyrighted 2023-05-15
[Table view] |
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. December 21, 2011
x JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL OF NEW YORK STATE CONTENTION 24 In accordance with 10 C.F.R. § 2.338(h), the State of New York, and Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
(Entergy) hereby jointly move the Atomic Safety and Licensing Board for approval of the December 21, 2011 Settlement Agreement between the State and Entergy (Attachment A hereto), and for dismissal of New York State Contention 24 (NYS-24) from this proceeding.
A proposed Consent Order (Attachment B hereto) is provided. Entergy has authorized the State to file for both parties.
This motion and the settlement agreement are based on information Entergy has provided to the State, and Entergys commitment to deliver to the State copies of reports containing the results of certain future ASME Boiler and Pressure Code,Section XI, Division I, Subsection IWL or other inspections at Indian Point Units 2 and 3, as identified more specifically below.
The information that Entergy has supplied the State includes, but is not limited to:
- the results of concrete sample compression tests for concrete used in the construction of the Indian Point Unit 2 and Indian Point Unit 3 reactor containments, and
- the results of visual inspections of the condition of the external surfaces of the Indian Point Unit 2 reactor containment in 2000, 2006, and 2010, and the Indian Point Unit 3 reactor containment in 2001, 2005, and 2009.
The inspection reports that Entergy has committed to provide the State involve the visual inspections that Entergy currently conducts at Indian Point pursuant to the requirements of ASME Boiler and Pressure Code,Section XI, Division 1, Subsection IWL, as required and modified by 10 C.F.R. 50.55a to ascertain the condition of the external concrete surfaces of reactor containments, and/or the results of inspections or tests that might replace, augment, or update these visual inspections.
Based on the information that Entergy has supplied concerning the concrete in the Indian Point Unit 2 and Indian Point Unit 3 reactor containments, the State's examination and review of that information, and Entergys commitment to provide the State copies of the documented results of the specified future visual inspections of the Indian Point Unit 2 and Indian Point Unit 3 reactor containments, the State no longer challenges the present structural integrity of the Indian Point reactor containments or the adequacy of the measures that Entergy currently proposes to employ to ensure the continued structural integrity of Indian Point reactor containments as part of this license renewal proceeding.
Pursuant to the requirements of 10 C.F.R. § 2.323(b), the State and Entergy have made sincere efforts to contact the other parties and resolve the issues addressed in this motion. The State has consulted with the State of Connecticut, the County of Westchester, the New York City Department of Environmental Protection, the Town of Cortlandt, the Village of Buchanan, Hudson River Sloop Clearwater, Inc., and Riverkeeper, Inc., all of whom save the Town of Cortlandt have authorized the State to represent that they do not oppose the settlement. The Town of Cortlandt has indicated to the State that the Town takes no position on this Joint 2
Motion. Entergy has consulted with the Nuclear Regulatory Commission (NRC) Staff, which has authorized Entergy to represent that the NRC Staff does not oppose the settlement.
Dismissal of NYS-24 is in the public interest because Entergy has provided information and taken action to address the States concerns, and because the Commission encourages settlement of contested issues in licensing proceedings. Furthermore, granting this motion and approving the settlement is in the public interest because it would avoid unnecessary litigation.
Dated: December 21, 2011 Respectfully submitted, State of New York By: Signed (electronically) by i CHARLIE DONALDSON JANICE A. DEAN Assistant Attorneys General Office of the NYS Attorney General 120 Broadway New York, NY 10271 Dated: December 21, 2011 ENTERGY NUCLEAR INDIAN POINT 2, LLC, ENTERGY NUCLEAR INDIAN POINT 2, LLC, and ENTERGY NUCLEAR OPERATIONS, INC.
By: Signed (electronically) by PAUL M. BESSETTE MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ATTORNEY AND AUTHORIZED REPRESENTATIVE OF ENTERGY Dated: December 21, 2011 3