ML080580402

Riverkeeper, Inc. Response to February 19, 2008 Letter from Entergy Counsel to the Atomic Safety and Licensing Board Regarding Oral Argument the Week of March 10, 2008

ML080580402
Person / Time
Site:	Indian Point
Issue date:	02/21/2008
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Riverkeeper
To:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY/RAS
References
07-858-03-LR-BD01, 50-247-LR, 50-286-LR, RAS 15110
Download: ML080580402 (5)

Text

,~ / S 1-6-11 HARMON, CURRAN, SPIELBER ISIENBERG, LLP 1726 M Street, NW, Suite 600 Washington, DC 20036 202) 328-3500 (202) 328-6918 fax DOCKETED USNRC February 21, 2008 February 21 2008 (11:01 am)

OFFICE OF SECRETARY RULEMAKINGS AND Lawrence G. McDade, Chair Dr. Kaye Lathrop ADJUDICATIONS STAFF Atomic Safety and Licensing Board Panel Administrative Judge Mail Stop - T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 190 Cedar Lane E.

Washington, D.C. 20555-0001 Ridgway, CO 81432 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 In the Matter of Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Station Units 2 and 3)

Docket Nos. 50-247-LR/50-286-LR Re: Riverkeeper, Inc. response to February 19, 2008 letter from Entergy counsel to the Atomic Safety and Licensing Board regarding oral argument the week of March 10, 2008

Dear Administrative Judges:

On February 19, 2008 Entergy counsel sent a letter to the Atomic Safety and Licensing Board

("Licensing Board") in response to the Licensing Board's January 24, 2008 Order notifying the parties of its intention to hold oral argument on the admissibility of petitioners' contentions during the week of March 1h0h, 2008. Order (Preliminary Notification Regarding The Scheduling Of Oral Argument), ASLBP No. 07-858-03-LR-BDO0, January 24, 2008. In the letter, Entergy requested that the Licensing Board take certain actions regarding the scope and conduct of the oral argument. Riverkeeper agrees with some of Entergy's suggestions and strongly objects to others, as discussed below.

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HARMON, CURRAN, SPIELBER EISENBERG, LLP Licensing Board Februrary 21, 2008 Page 2 Riverkeeper agrees in principle with Entergy's suggestion that any unresolved questions regarding petitioners' standing be decided on the basis of the pleadings submitted, rather than allocating precious time during oral argument. Of course, Riverkeeper will be prepared to answer any questions the Licensing Board may pose at this stage of the proceeding on this matter.

Riverkeeper also echoes Entergy's request that the Licensing Board specify any other matters it wishes to have addressed during oral argument, in order to allow participants time to fully prepare for the prehearing conference beginning March 10th.

Riverkeeper strongly objects to Entergy's request to require the designation of a single representative who would present a single argument addressing similar contentions. Such an arrangement, at this preliminary stage of the proceeding, would clearly prejudice the rights of all parties to present their respective arguments regarding the admissibility of individual contentions. While there are similarities in the contentions filed by several petitioners, the nature of the petitioners and their respective interests vary significantly. Petitioners range from the State of New York and the Town of Cortlandt to advocacy groups in New York and Connecticut, all with different constituencies and specific interests to protect. Further, the benefit of consolidating petitioners' arguments in this manner is clearly outweighed by the cost, which would be to effectively prevent several petitioners from presenting their concerns to the Board and having them entered into the official record of this proceeding. This type of preemptive consolidation will result in hindering, not furthering the goal of building an adequate record.

Riverkeeper also objects to Entergy's suggestion that oral argument is unnecessary on a number of contentions, based on Entergy's belief that "their admissibility can be readily determined on the basis of the pleadings already filed." Entergy letter at 2. Given the number and complexity of many of these contentions, and the significant level of public interest in this proceeding, Riverkeeper suggests that the interests of all parties and the public would be best served by providing a public forum in which the admissibility of all contentions is discussed and analyzed by the Licensing Board in the most open, transparent fashion possible. It is difficult to see what harm Entergy would suffer if the Licensing Board provides such a forum.

Riverkeeper respectfully requests that the following alternative approach be considered by the Licensing Board to improve the efficiency of this proceeding. The Licensing Board could organize the prehearing conference to allow individual petitioners to present their respective arguments on similar contentions consecutively. For example, Riverkeeper and New York State would present their arguments on metal fatigue and SAMA analysis on the same day or consecutive days, thereby allowing the Licensing Board the opportunity to pose questions to both

HARMON, CURRAN, SPIELBER SENBERG, LLP Licensing Board Februrary 21, 2008 Page 3 petitioners on similar issues in a timely manner. This would also enable petitioners to have their experts present to answer any technical questions the Licensing Board may wish to pose. Such an arrangement would also make it easier for Entergy and NRC Staff counsel to respond in a time-efficient manner to similar contentions, without prejudicing the right of individual petitioners to present their arguments. The Licensing Board could then devote the remainder of the week to hearing individual petitioners' arguments on contentions raising discrete issues that do not substantially overlap other petitioners' issues.

Riverkeeper is more than willing to work with other petitioners, Entergy counsel and NRC Staff counsel in an effort to coordinate a schedule that will serve all parties' interests.

Sincerely, Diane Curran, Esq.

Phillip Musegaas, Esq.

Victor Tafur, Esq.

Counsel for Riverkeeper, Inc.

Cc: Service list

CERTIFICATE OF SERVICE I certify that on February 21, 2008, copies of the foregoing letter from Riverkeeper's counsel to the Atomic Safety and Licensing Board were served on the following by e-mail and first-class mail:

Lawrence G. McDade, Chair Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel 190 Cedar Lane East Atomic Safety and Licensing Board Ridgeway, CO 81432 U.S. Nuclear Regulatory Commission Also by e-mail: KDL2@,nrc.gov Washington, D.C. 20555 Also by e-mail: LGMI@nrc.gov i

Richard E. Wardwell Michael J. Delaney, V.P. - Energy Atomic Safety and Licensing Board New York City Econ. Development Corp.

U.S. Nuclear Regulatory Commission 110 William Street Washington, D.C. 20555 New York, NY 10038 Also by e-mail: REWgnrc.gov Also by e-mail: mdelaney 2cnycedc.com John LeKay Martin J. O'Neill, Esq.

Heather Ellsworth Burns-DeMelo Kathryn M. Sutton, Esq.

Remy Chevalier Paul M. Bessette, Esq.

Bill Thomas Mauri T. Lemoncelli, Esq.

Belinda J. Jaques Morgan, Lewis & Bockius, LLP FUSE USA 1111 Pennsylvania Ave. N.W.

351 Dyckman Street Washington, D.C. 20004 Peekskill, NY 10566 martin.oneilla.,m organlewis.com Also by e-mail: fuse usa@yahoo.com pbessette(Dy morganlewis.com ksutton(amorganlewis.com Susan H. Shapiro, Esq. Office of Commission Appellate Adjudication 21 Perlman Drive U.S. Nuclear Regulatory Commission Spring Valley, NY 10977 Washington, D.C. 20555 Also by e-mail: mbs@ourrocklandoffice.com Also by e-mail: OCAAMAIL@nrc.gov John J. Sipos, Esq. Sherwin E. Turk, Esq., Lloyd B. Subin, Esq.

Janice A. Dean, Esq. Beth N. Mizuno, Esq., David E. Roth, Esq.

Assistant Attorney General Christopher C. Chandler, Esq.

Office of the Attorney General Kimberly A. Sexton, Esq.

for the State of New York Office of General Counsel The Capitol U.S. Nuclear Regulatory Commission State Street Washington, D.C. 20555 Albany, New York 12224 sbtinrc.gov; lbs3@nrc.gov; bnm2@nrc.gov; Also by e-mail: John.Sipos(Doag.state.ny.us; der@nrc.gov; Kimberly.sextongnrc. gov; Janice.deanna~oav.state.nv.us christopher.chandlerknrc.gov

t Office of the Secretary William C. Dennis, Esq.

Rulemakings and Adjudications Staff Assistant General Counsel U.S. Nuclear Regulatory Commission Entergy Nuclear Operations, Inc.

Washington, D.C. 20555 440 Hamilton Avenue Also by e-mail: HEARINGDOCKETgnrc.gov White Plains, NY 10601 Also by e-mail: wdennis@entergy.com Stephen C. Filler, Board Member Manna Jo Greene Hudson River Sloop Clearwater, Inc. Hudson River Sloop Clearwater, Inc.

303 South Broadway, Suite 222 112 Little Market Street Tarrytown, NY 10591 Poughkeepsie, NY 12601 Also by e-mail: sfillergnylawline.com Also by e-mail: MannaJo( clearwater.org Justin D. Pruyne, Esq. Joan Leary Matthews, Esq.

Assistant County Attorney, Litigation Bureau Senior Attorney for Special Projects Of Counsel to Charlene M. Indelicato, Esq. New York State Department Westchester County Attorney of Environmental Conservation 148 Martine Avenue, 6th Floor 625 Broadway, 14th floor White Plains, NY 10601 Albany, New York 12233-5500 Also by e-mail: jdp3@westchestergov.com By e-mail: ilmatthews@gw.dec.state.n/.us Zackary S. Kahn, Esq. Thomas F. Wood, Esq.

Law Clerk Daniel Riesel, Esq.

Atomic Safety and Licensing Board Panel Sive, Paget and Riesel, P.C.

U.S. Nuclear Regulatory Commission 460 Park Avenue Washington, D.C. 20555 New York, NY 10022 Also by e-mail: ZXK1@1nrc.gov Also by e-mail: driesel(Zisprlaw.com Robert D. Snook, Esq. Nancy Burton Assistant Attorney General 147 Cross Highway 55 Elm Street Redding Ridge, CT 06878 P.O. Box 120 Also by e-mail: NancyBurtonCT(laol.com Hartford, CT 06141-0120 By e-mail: Robert.Snookgpo.state.ct.us Elise N. Zoli, Esq. Phillip Musegaas, Esq.

Goodwin Procter, LLP Victor Tafur, Esq.

53 State Street Riverkeeper, Inc.

Boston, MA 02109 828 South Broadway Also by e-mail: ezoli~goodwinprocter.com Tarrytown, NY 10591 Diane Curran 2