ML12188A745
| ML12188A745 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/06/2012 |
| From: | Harris B G 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) | |
Text
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 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
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 Staff's motion. In support of this Motion, the Staff states as
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
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 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.
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.
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