ML12082A272
| ML12082A272 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/22/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22077, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12082A272 (9) | |
Text
March 22, 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 MOTION FOR PARTIAL RECONSIDERATION AND/OR CLARIFICATION OF THE BOARD'S ORDER OF MARCH 16, 2012 Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff ("Staff") hereby requests that the Atomic Safety and Licensing Board ("Board") reconsider and/or clarify, in part, the Board's "Order (Granting in Part and Denying in Part State of New York and Riverkeeper's Motion to Compel"
("Order"), issued on March 16, 2012, to the extent that the Board established a schedule for
litigation of all portions of Contention NYS-38/RK-TC-5. In support of this request, the Staff
states as follows: 1. In its Order of March 16, 2012, the Board resolved the motion to compel which had been filed by the State of New York ("New York") and Riverkeeper, Inc. ("Riverkeeper")
(collectively, "Intervenors"), seeking additional document disclosures by the Staff.
1 The Staff does not seek reconsideration or clarification of the Board's ruling on that motion.
1 In accordance with the Board's Order, the Staff and its consultants are again reviewing the documents in their possession, to determine if any documents must be di sclosed that have not been disclosed already. In the event that additional document s are identified, they w ill be filed as evidentiary exhibits along with the Staff's testimony and/or placed in the hearing file, as appropriate.
- 2. In addition, the Board's Order established a schedule for the filing of evidentiary presentations on Contention NYS-38/RK-TC-5 (Order at 12) by the Intervenors, Staff, and
Entergy Nuclear Operations, Inc. ("Entergy" or "Applicant"), stating as follows:
Because we have resolved the discovery dispute regarding NYS-38/RK-TC-5 , we lay out the following schedule for evidentiary submissions relating to this contention in order to bring the
contention in line with the other contentions on track for the first
round of the evidentiary hearing in this proceeding:
- 1. New York and Riverkeeper shall have forty-five (45) days after issuance of this Order to present their evidentiary
submissions on this contention (April 30, 2012).
- 2. Entergy and the NRC Staff shall have thirty (30) days thereafter to present their evidentiary submission on this
contention.
- 3. New York and Riverkeeper shall have ten (10) days thereafter to present their revised or rebuttal testimony on this
contention.
- 4. All subsequent steps pursuant to the Board's July 1, 2010 Scheduling Order shall resume and follow the track and
timing for other pending contentions in the first round of the
evidentiary hearing.
Id.; emphasis added. 3. As the Board has recognized, Contention NYS-38/RK-TC-5 "broadly contend[s], relying on multiple bases, that Entergy's new commitments do not meet NRC regulations for
having a program that will adequately manage the effects of aging during the period of extended
operations."
2 As the Board further recognized, the Intervenors presented four bases in support of this contention:
These bases are that Entergy (1) has deferred defining the methods used for determining the most limiting locations for metal
fatigue calculations and the selection of those locations; (2) has
not specified the criteria it will use and assumptions upon which it
will rely for modifying the WESTEMS computer model for environmentally adjusted cumulative usage factors (CUFen)
calculations; (3) has not adequately defined how it will manage 2 "Memorandum and Order (Admitting New Cont ention NYS-38/RK-TC-5)" (Nov. 10, 2011), at
- 10.
primary water stress corrosion cracking (PWSCC) because it will not begin inspections until after entering the period of extended
operations and Entergy has substituted a document, which will not
be released until 2013, for its prior water chemistry program to
manage PWSCC of the nickel alloy or nickel-alloy clad steam
generator divider plates exposed to reactor coolant; and (4) does not adequately describe the contents of its AMP for reactor vessel internals, based on a revised version of the Materials Reliability Program 227 (MRP-227) guidance document.
3
- 4. Thus, as reflected in the Board's Order admitting Contention NYS-38/RK-TC-5, in litigating this contention the parties must address an issue related to the Applicant's aging
management program ("AMP") for reactor vessel internals - which is also the subject of
Contention NYS-25 (Reactor Vessel Internals). 5. The Board has previously deferred litigation of Contention NYS-25, 4 in light of the Staff's reported determination that it will be unable to submit its evidentiary presentations on
Contention NYS-25 until it has completed its review of additional information that it expected to
receive from the Applicant on February 17, 2012, concerning its AMP for reactor vessel
internals under the revised version of MRP 227.
5 6. As stated in the Staff's March 1 Status Report, Entergy submitted the additional information concerning its Reactor Vessel Internals AMP and Inspection Plan, on February 17, 2012. As also stated in the Staff' status report, the Staff is reviewing the information and has 3 Id. at 10-11 n.47; emphasis added, citation omitted.
4 "Order (Granting NRC Staff's Unopposed Time Extension Motion and Directing the Filing of Status Updates)" (Feb. 16, 2012), at 2.
5 See (1) "NRC Staff's Status Report in Response to the Atomic Safety and Licensing Board's Order of February 16, 2012" (March 1, 2012), at 1-2 ("March 1 Status Report"); (2) "NRC Staff's Statement in Response to the Atomic Safety and Li censing Board's Order of February 3, 2012 (Feb. 8, 2012), at 3; (3) "NRC Staff's Unopposed Motion for Extensi on of Time for the Filing of Testimony, Exhibits and Statements of Position" (Feb. 2, 2012), at 3; and (4) Letter from Sherwin E. Turk to the Board (Jan.
27, 2012).
determined that it will be unable to file its testimony on this issue until it completes its review -
which, the Staff reported, would affect the litigation of Contention NYS-38/RKTC-5:
By letter dated February 17, 2012, Entergy submitted that additional information to the Staff. The Staff is currently reviewing
that information, and has determined that it is not able to file its
testimony and state its position on Contention NYS-25 (Reactor
Vessel Internals) at this time. The Staff will provide further
information to the Board concerning this matter as soon as it is
able to do so. As stated in the Staff's Statement of February 8, 2012, the Staff believes that a deferral of the Staff's filings on
Contention NYS-25 would not affect the litigation of any admitted contention other than Contention NYS-25 and Contention NYS-38/RK TC-5 (presently deferred)
.6 7. The Staff has determined to issue a request for additional information ("RAI"), to seek further information from Entergy concerning its AMP for reactor vessel internals. The Staff
presently expects to issue that RAI in April 2012. Depending upon Entergy's responses, it is
possible that the Staff will be able to take a position on this issue this summer; however, the
Staff is unable to take a position now on this portion of Contention NYS-38/RK TC-5. Further, although the Staff cannot predict how other parties' positions on this contention may be affected
by Entergy's response to the RAI, it is conceivable that their positions could be affected as well. 8. Accordingly, the Staff hereby requests that the Board modify the schedule for submission of evidentiary presentations on Cont ention NYS-38/RK TC-5 to defer the filing of evidentiary submissions on this contention insofar as it involves issues concerning Entergy's
AMP for reactor vessel internals, until litigation resumes on related Contention NYS-25.
6 March 1 Status Report, at 1-2; emphasis added.
See also "NRC Staff's Statement in Response to the Atomic Safety and Licensing Board' s Order of February 3, 2012" (Feb. 8, 2012), at 2 ¶ 3(b) ("If the Staff determines that it requires additional information from Entergy regarding its submittal, the Staff may find it necessary to defer filing its testimony and statement of position on Contention NYS-25 pending completion of its review of that matter; a deferral of the Staff's filings on Contention NYS-25 would not affect the litigation of any admitted contention other than Cont ention NYS-25 and Contention NYS-38/RKTC-5 (presently deferred)."
- 9. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel has contacted Counsel for New York, Riverkeeper, Clearwater, and Ente rgy. Counsel for New York, Riverkeeper and Entergy have authorized the Staff to state that those parties do not oppose the Staff's request;
Counsel for Clearwater was not available as of the time of filing this motion.
WHEREFORE, the Staff respectfully requests that the Board reconsider and/or clarify its Order of March 16, 2012, to the extent that the Board established a schedule for litigation of
Reactor Vessel Internals issues in Contention NYS-38/RK-TC-5. Respectfully submitted, /Signed (electronically) by/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail:
sherwin.turk@nrc.gov
Dated at Rockville, Maryland
this 22 nd day of March 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, in part.
Respectfully submitted,
/Signed (electronically) by/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail:
sherwin.turk@nrc.gov
Dated at Rockville, Maryland
this 22 nd day of March 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 MOTION FOR PARTIAL
RECONSIDERATION AND/OR CLARIFICATION OF THE BOARD'S ORDER OF MARCH 16, 2012," dated March 22, 2012, in the above-captioned proceeding have been served on the
following by Electronic Information Exchange this 22 nd day of March, 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. Kaye D. Lathrop
Atomic Safety and Licensing Board Panel
190 Cedar Lane E.
Ridgway, CO 81432
E-mail: Kaye.Lathrop@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.
Raphael Kuyler, Esq.
1111 Pennsylvania Avenue, NW
Washington, D.C. 20004
E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com E-mail: rkuyler@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/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail:
sherwin.turk@nrc.gov