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Category:Legal-Intervention Petition
MONTHYEARML11257A1102011-09-14014 September 2011 Certificate of Service for Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Motion to Admit New Contention and for Reply Memorandum Regarding Timeliness and Admissibility of New Contentions ML11257A1092011-09-13013 September 2011 Reply Memorandum Regarding Timeliness and Admissibility of New Contentions Seeking Consideration of Environmental Implications of Fukushima Task Force Report in Individual Reactor Licensing Proceedings ML11257A1112011-09-13013 September 2011 Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc.'S Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Motion to Admit New Contention Regarding the Fukushima Task Force Report ML11228A0302011-08-11011 August 2011 the State of New York and the State of Connecticut'S Joint Answer in Opposition to Entergy'S Petition for Interlocutory Review of LBP-11-17 ML11217A0662011-07-29029 July 2011 Applicant'S Petition for Review of LBP-11-17 Granting Summary Disposition of Consolidated Contention NYS-35/36 ML11210B4192011-07-26026 July 2011 State of New York'S Response to Applicant'S Motion for Clarification of Licensing Board Admissibility Rulings on Contentions NYS-17B and NYS-37 ML11179A0922011-06-21021 June 2011 Letter Regarding New York State Department of Environmental Conservation Comments on the NRC Staff'S Final Supplemental Environmental Impact Statement in the Matter of Indian Point, Units 2 and 3, License Renewals ML11133A2882011-04-29029 April 2011 Indian Point, Units 2 & 3, State Submittal of Letter to Bring Two Recent Documents to Attention of the Board and Parties in Connection with NYS Contention-25 ML11117A1462011-04-19019 April 2011 Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Dahchi Nuclear Power Station Accident ML11229A8022011-03-22022 March 2011 Supplementary Certification Regarding Consultation ML11108A1062011-03-21021 March 2011 Combined Reply to Staff and Entergy'S Answers in Opposition to Clearwater'S Motion for Leave and Petition to Amend Contention EC-3 ML1108307802011-03-18018 March 2011 State of New York'S Combined Reply to Entergy and NRC Staff'S Answers to the State'S Proposed Contention 37 Concerning NRC Staff'S December 2010 Final Environmental Impact Statement and Its Deficient Analysis of Energy Alternatives ML1107601812011-03-16016 March 2011 Indian Point - Supplement to NRC Staff'S Answer to Riverkeeper, Inc.'S Motion for Leave to File a New Contention, and New Contention EC-8 Concerning NRC Staff'S Final Supplemental Environmental Impact Statement ML1107000972011-03-0404 March 2011 State of New York'S Combined Reply to the Answer of Entergy and NRC Staff to the State'S Proposed Amended Contention NYS-17B ML1106703812011-02-25025 February 2011 Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Clearwater and Riverkeeper'S Joint Motion for Leave and Petition to Add New Contentions ML1107402862011-02-23023 February 2011 State of New York Withdrawal of Request for Enlargement of Page Limitation for the State'S Consolidated Answer to Separate Motions for Summary Disposition on Contention 35/36 ML1106604252011-02-23023 February 2011 State of New York'S Combined Reply to Entergy and Staff Cross-Motions for Summary Disposition on NYS Combined Contentions 35 and 36 Concerning the December 2009 Severe Accident Mitigation Alternative Reanalysis ML1105602702011-02-18018 February 2011 Applicant'S Answer to Hudson River Sloop Clearwater, Inc. and Riverkeeper, Inc.'S New Contentions Concerning the Waste Confidence Rule ML1105605892011-02-18018 February 2011 Applicant'S Answer to Proposed Amended Contention, New York State 17B and the Associated Request for Exemption And/Or Waiver of 10 C.F.R. Section 51.23(b) ML1104604922011-02-10010 February 2011 State of New York Answer in Support of the Admission of Clearwater and Riverkeeper'S Proposed Waste Confidence Contentions ML1106802122011-02-0303 February 2011 State of New York New Contention 12-C Concerning NRC Staff'S December 2010 Final Environmental Impact Statement and Underestimation of Decontamination & Clean Up Costs Associated with Severe Reactor Accident in New York Metropolitan Area ML1030000602010-10-22022 October 2010 State of New York'S Joint Reply to Entergy and NRC Staff'S Separate Answers to the State'S Additional Bases for Previously-Admitted Contention NYS-25 ML1030101042010-10-12012 October 2010 Applicant'S Answer to Amended Contention New York State 25 Concerning Aging Management of Embrittlement of Reactor Pressure Vessel Internals ML1029101452010-10-0404 October 2010 Supporting Attachments to Applicants Answer to New and Amended Contention New York State 26B/Riverkeeper TC-1B (Metal Fatigue) ML1028802972010-10-0404 October 2010 Letter from Martin J. O'Neill Counsel for Entergy Nuclear Operations, Inc. to Emile L. Julian Attachments 8 & 13 to Entergy'S Answer to New & Amended Contention New York State 26B & Riverkeeper TC-1B ML1029101422010-10-0404 October 2010 Applicant'S Answer to New and Amended Contention New York State 26B/Riverkeeper TC-1B (Metal Fatigue) ML1030105182010-09-14014 September 2010 State of Ny & Riverkeeper, Inc Submittal of Counter Statement of Material Fact, Combined Response to Entergy'S Motion for Summary Disposition of Combined Contentions NYS 26/26A & Rk TC-1/TC-1A, Declaration of Janice A. Dean.. ML1023712142010-08-16016 August 2010 Riverkeeper Opposition to Entergy'S Motion for Summary Disposition of Riverkeeper Technical Contention 2 (Flow-Accelerated Corrosion) ML1023001462010-08-13013 August 2010 Entergy'S Answer to Riverkeeper Inc.'S Motion to Compel Disclosure of Documents ML1022405782010-08-0202 August 2010 Applicant'S Reply to the State of New York'S & State of Connecticut'S Combined Reply to Entergy & NRC Staff Petitions for Interlocutory Review of LBP-10-13 ML1021100862010-07-26026 July 2010 the State of New York'S and State of Connecticut'S Combined Reply to Entergy and NRC Staff Petitions for Interlocutory Review of the Atomic Safety and Licensing Board'S Decision Admitting the State of New York'S Contentions 35 & 36 (LBP-10- ML1020300502010-07-15015 July 2010 Applicant'S Petition for Interlocutory Review of LBP-10-13 ML1011604152010-04-12012 April 2010 State of New York'S Combined Reply to Energy and NRC Staff Answers to the State'S New and Amended Contentions Concerning the December 2009 Severe Accident Mitigation Alternative Reanalysis ML1014503282010-04-0505 April 2010 Applicant'S Answer to New York State'S New and Amended Contentions Concerning Entergy'S December 2009 Revised SAMA Analysis ML1011004732010-04-0101 April 2010 Answer of the Attorney General of the State of Connecticut to State of New York'S Motion for Leave to File New & Amended Contentions Concerning the December 2009 Reanalysis of Severe Accident Mitigation Alternatives ML1005702402009-11-20020 November 2009 Answer of Richard Blumenthal, Attorney General of Connecticut to Hudson River Sloop Clearwater, Inc.'S Petition Presenting Supplemental Contentions EC-7 and SC-1 Concerning Storage of High-level Radioactive Waste at Indian Point ML0934803252009-11-20020 November 2009 Answer to Riverkeeper, Inc. in Support of Hudson River Sloop Clearwater Inc.'S New Contentions EC-7 and SC-1 ML0934910432009-11-20020 November 2009 Indian Point - NRC Staff'S Answer to Hudson River Sloop Clearwater, Inc.'S Motion for Leave to Add New Contentions Based Upon New Information ML0935101942009-11-20020 November 2009 Town of Cortlandt'S Answer to Hudson River Sloop Clearwater, Inc'S Petition Presenting Supplemental Contentions EC-7 & SC-1 Re Storage of High-Level Radioactive Waste at Indian Point ML1005700112009-11-20020 November 2009 Answer of Riverkeeper, Inc. in Support of Hudson River Sloop Clearwater Inc.'S New Contentions EC-7 and SC-1 ML1008200282009-11-19019 November 2009 Answer of the State of New York to Hudson River Sloop Clearwater, Inc.'S Petition Presenting Supplemental Contentions EC-7 and SC-1 Concerning Storage of High-Level Radioactive Waste at Indian Point ML0930801292009-10-26026 October 2009 Hudson River Sloop Clearwater, Inc.'S Motion for Leave to Add a New Contention Based Upon New Information ML0909802072009-04-0707 April 2009 Lr - NRC Staff'S Answer to Hudson River Sloop Clearwater'S Petition to File New Contention, Based Upon New Information Regarding Environmental and Public Health Impacts of Using the Hudson River as a Drinking Water Supply ML0910502112009-04-0606 April 2009 Entergy'S Consolidated Response to Riverkeeper'S February & March 2009 Filings Concerning Consolidated Contention Riverkeeper EC-3/Clearwater EC-1 and Riverkeeper Contention TC-2 ML0909604702009-03-31031 March 2009 State of New York Combined Reply to Entergy Nuclear Operations, Inc., and NRC Staff in Support of Contentions 12-A, 16-A, 17-A, 33, and 34 ML0909302042009-03-24024 March 2009 Answer of Entergy Nuclear Operations, Inc. Opposing New and Amended Environmental Contentions of New York State ML0908401162009-03-24024 March 2009 Indian Point - NRC Staff'S Answer to Amended and New Contentions Filed by the State of New York and Riverkeeper, Inc., Concerning the Draft Supplemental Environmental Impact Statement ML0908608682009-03-18018 March 2009 Riverkeeper, Inc.'S Preservation of Right to Amend Contention TC-2 - Flow Accelerated Corrosion Based Upon NRC Staff'S Safety Evaluation Report with Open Items ML0906903032009-02-27027 February 2009 State of New York Contentions Concerning NRC Staff'S Draft Supplemental Environmental Impact Statement ML0904105002009-01-26026 January 2009 Entergy'S Reply to Riverkeeper'S Answer Opposing Interlocutory Appeal of Licensing Board Admission of Consolidated Contention 2011-09-14
[Table view] Category:Responses and Contentions
MONTHYEARML11257A1102011-09-14014 September 2011 Certificate of Service for Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Motion to Admit New Contention and for Reply Memorandum Regarding Timeliness and Admissibility of New Contentions ML11257A1092011-09-13013 September 2011 Reply Memorandum Regarding Timeliness and Admissibility of New Contentions Seeking Consideration of Environmental Implications of Fukushima Task Force Report in Individual Reactor Licensing Proceedings ML11257A1112011-09-13013 September 2011 Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc.'S Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Motion to Admit New Contention Regarding the Fukushima Task Force Report ML11228A0302011-08-11011 August 2011 the State of New York and the State of Connecticut'S Joint Answer in Opposition to Entergy'S Petition for Interlocutory Review of LBP-11-17 ML11217A0662011-07-29029 July 2011 Applicant'S Petition for Review of LBP-11-17 Granting Summary Disposition of Consolidated Contention NYS-35/36 ML11210B4192011-07-26026 July 2011 State of New York'S Response to Applicant'S Motion for Clarification of Licensing Board Admissibility Rulings on Contentions NYS-17B and NYS-37 ML11179A0922011-06-21021 June 2011 Letter Regarding New York State Department of Environmental Conservation Comments on the NRC Staff'S Final Supplemental Environmental Impact Statement in the Matter of Indian Point, Units 2 and 3, License Renewals ML11133A2882011-04-29029 April 2011 Indian Point, Units 2 & 3, State Submittal of Letter to Bring Two Recent Documents to Attention of the Board and Parties in Connection with NYS Contention-25 ML11117A1462011-04-19019 April 2011 Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Dahchi Nuclear Power Station Accident ML11229A8022011-03-22022 March 2011 Supplementary Certification Regarding Consultation ML11108A1062011-03-21021 March 2011 Combined Reply to Staff and Entergy'S Answers in Opposition to Clearwater'S Motion for Leave and Petition to Amend Contention EC-3 ML1108307802011-03-18018 March 2011 State of New York'S Combined Reply to Entergy and NRC Staff'S Answers to the State'S Proposed Contention 37 Concerning NRC Staff'S December 2010 Final Environmental Impact Statement and Its Deficient Analysis of Energy Alternatives ML1107601812011-03-16016 March 2011 Indian Point - Supplement to NRC Staff'S Answer to Riverkeeper, Inc.'S Motion for Leave to File a New Contention, and New Contention EC-8 Concerning NRC Staff'S Final Supplemental Environmental Impact Statement ML1107000972011-03-0404 March 2011 State of New York'S Combined Reply to the Answer of Entergy and NRC Staff to the State'S Proposed Amended Contention NYS-17B ML1106703812011-02-25025 February 2011 Combined Reply to NRC Staff and Entergy'S Answers in Opposition to Clearwater and Riverkeeper'S Joint Motion for Leave and Petition to Add New Contentions ML1107402862011-02-23023 February 2011 State of New York Withdrawal of Request for Enlargement of Page Limitation for the State'S Consolidated Answer to Separate Motions for Summary Disposition on Contention 35/36 ML1106604252011-02-23023 February 2011 State of New York'S Combined Reply to Entergy and Staff Cross-Motions for Summary Disposition on NYS Combined Contentions 35 and 36 Concerning the December 2009 Severe Accident Mitigation Alternative Reanalysis ML1105602702011-02-18018 February 2011 Applicant'S Answer to Hudson River Sloop Clearwater, Inc. and Riverkeeper, Inc.'S New Contentions Concerning the Waste Confidence Rule ML1105605892011-02-18018 February 2011 Applicant'S Answer to Proposed Amended Contention, New York State 17B and the Associated Request for Exemption And/Or Waiver of 10 C.F.R. Section 51.23(b) ML1104604922011-02-10010 February 2011 State of New York Answer in Support of the Admission of Clearwater and Riverkeeper'S Proposed Waste Confidence Contentions ML1106802122011-02-0303 February 2011 State of New York New Contention 12-C Concerning NRC Staff'S December 2010 Final Environmental Impact Statement and Underestimation of Decontamination & Clean Up Costs Associated with Severe Reactor Accident in New York Metropolitan Area ML1030000602010-10-22022 October 2010 State of New York'S Joint Reply to Entergy and NRC Staff'S Separate Answers to the State'S Additional Bases for Previously-Admitted Contention NYS-25 ML1030101042010-10-12012 October 2010 Applicant'S Answer to Amended Contention New York State 25 Concerning Aging Management of Embrittlement of Reactor Pressure Vessel Internals ML1029101452010-10-0404 October 2010 Supporting Attachments to Applicants Answer to New and Amended Contention New York State 26B/Riverkeeper TC-1B (Metal Fatigue) ML1028802972010-10-0404 October 2010 Letter from Martin J. O'Neill Counsel for Entergy Nuclear Operations, Inc. to Emile L. Julian Attachments 8 & 13 to Entergy'S Answer to New & Amended Contention New York State 26B & Riverkeeper TC-1B ML1029101422010-10-0404 October 2010 Applicant'S Answer to New and Amended Contention New York State 26B/Riverkeeper TC-1B (Metal Fatigue) ML1030105182010-09-14014 September 2010 State of Ny & Riverkeeper, Inc Submittal of Counter Statement of Material Fact, Combined Response to Entergy'S Motion for Summary Disposition of Combined Contentions NYS 26/26A & Rk TC-1/TC-1A, Declaration of Janice A. Dean.. ML1023712142010-08-16016 August 2010 Riverkeeper Opposition to Entergy'S Motion for Summary Disposition of Riverkeeper Technical Contention 2 (Flow-Accelerated Corrosion) ML1023001462010-08-13013 August 2010 Entergy'S Answer to Riverkeeper Inc.'S Motion to Compel Disclosure of Documents ML1022405782010-08-0202 August 2010 Applicant'S Reply to the State of New York'S & State of Connecticut'S Combined Reply to Entergy & NRC Staff Petitions for Interlocutory Review of LBP-10-13 ML1021100862010-07-26026 July 2010 the State of New York'S and State of Connecticut'S Combined Reply to Entergy and NRC Staff Petitions for Interlocutory Review of the Atomic Safety and Licensing Board'S Decision Admitting the State of New York'S Contentions 35 & 36 (LBP-10- ML1020300502010-07-15015 July 2010 Applicant'S Petition for Interlocutory Review of LBP-10-13 ML1011604152010-04-12012 April 2010 State of New York'S Combined Reply to Energy and NRC Staff Answers to the State'S New and Amended Contentions Concerning the December 2009 Severe Accident Mitigation Alternative Reanalysis ML1014503282010-04-0505 April 2010 Applicant'S Answer to New York State'S New and Amended Contentions Concerning Entergy'S December 2009 Revised SAMA Analysis ML1011004732010-04-0101 April 2010 Answer of the Attorney General of the State of Connecticut to State of New York'S Motion for Leave to File New & Amended Contentions Concerning the December 2009 Reanalysis of Severe Accident Mitigation Alternatives ML1005702402009-11-20020 November 2009 Answer of Richard Blumenthal, Attorney General of Connecticut to Hudson River Sloop Clearwater, Inc.'S Petition Presenting Supplemental Contentions EC-7 and SC-1 Concerning Storage of High-level Radioactive Waste at Indian Point ML0934803252009-11-20020 November 2009 Answer to Riverkeeper, Inc. in Support of Hudson River Sloop Clearwater Inc.'S New Contentions EC-7 and SC-1 ML0934910432009-11-20020 November 2009 Indian Point - NRC Staff'S Answer to Hudson River Sloop Clearwater, Inc.'S Motion for Leave to Add New Contentions Based Upon New Information ML0935101942009-11-20020 November 2009 Town of Cortlandt'S Answer to Hudson River Sloop Clearwater, Inc'S Petition Presenting Supplemental Contentions EC-7 & SC-1 Re Storage of High-Level Radioactive Waste at Indian Point ML1005700112009-11-20020 November 2009 Answer of Riverkeeper, Inc. in Support of Hudson River Sloop Clearwater Inc.'S New Contentions EC-7 and SC-1 ML1008200282009-11-19019 November 2009 Answer of the State of New York to Hudson River Sloop Clearwater, Inc.'S Petition Presenting Supplemental Contentions EC-7 and SC-1 Concerning Storage of High-Level Radioactive Waste at Indian Point ML0930801292009-10-26026 October 2009 Hudson River Sloop Clearwater, Inc.'S Motion for Leave to Add a New Contention Based Upon New Information ML0909802072009-04-0707 April 2009 Lr - NRC Staff'S Answer to Hudson River Sloop Clearwater'S Petition to File New Contention, Based Upon New Information Regarding Environmental and Public Health Impacts of Using the Hudson River as a Drinking Water Supply ML0910502112009-04-0606 April 2009 Entergy'S Consolidated Response to Riverkeeper'S February & March 2009 Filings Concerning Consolidated Contention Riverkeeper EC-3/Clearwater EC-1 and Riverkeeper Contention TC-2 ML0909604702009-03-31031 March 2009 State of New York Combined Reply to Entergy Nuclear Operations, Inc., and NRC Staff in Support of Contentions 12-A, 16-A, 17-A, 33, and 34 ML0909302042009-03-24024 March 2009 Answer of Entergy Nuclear Operations, Inc. Opposing New and Amended Environmental Contentions of New York State ML0908401162009-03-24024 March 2009 Indian Point - NRC Staff'S Answer to Amended and New Contentions Filed by the State of New York and Riverkeeper, Inc., Concerning the Draft Supplemental Environmental Impact Statement ML0908608682009-03-18018 March 2009 Riverkeeper, Inc.'S Preservation of Right to Amend Contention TC-2 - Flow Accelerated Corrosion Based Upon NRC Staff'S Safety Evaluation Report with Open Items ML0906903032009-02-27027 February 2009 State of New York Contentions Concerning NRC Staff'S Draft Supplemental Environmental Impact Statement ML0904105002009-01-26026 January 2009 Entergy'S Reply to Riverkeeper'S Answer Opposing Interlocutory Appeal of Licensing Board Admission of Consolidated Contention 2011-09-14
[Table view] |
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RAS DOCKETED USNRC THE UNITED STATES OF AMERICA November 29, 2007 (3:16pm)
NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop Entergy Nuclear Operations, Inc. )
Indian Point Nuclear Generating Units Nos. ) Docket Nos. 50-247 and 50-286 2 & 3, Application for Hearing Regarding )
Renewal of Facility Operating License Nos. ) ASLBP No. 07-858-03-LR-BDO1 DPR-26 and DPR-64 for Additional 20-year )
Period -) November 29, 2007 AMENDED PETITION FOR LEAVE TO INTERVENE AND STATEMENT OF INTEREST OF THE CITY OF NEW YORK The City of New York ("New York City" or "City") hereby submits an Amended Petition to Intervene in response to the filing of an Application for Operating License Renewal
("Application") for Indian Point Nuclear Generating Units 2 and 3 by Entergy Nuclear Operations, Inc. ("Entergy") that is currently pending before the Nuclear Regulatory Commission ("Commission"). An Atomic Safety and Licensing Board Panel ("ASLBP") was established by the Commission on October 18, 2007 to preside over this proceeding.
On August 1, 2007, the Commission issued in the Federal Register (Volume 72, Number 147, pp. 42134-42135) a Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing in the above-captioned matter. Said Application was submitted by Entergy on April 23, 2007, and supplemented on May 3 and June 21, 2007, pursuant to 10 C.F.R. Part 54.
In support of its amended request for intervention, New York City states as follows:
NOTICES AND COMMUNICATIONS All correspondence, pleadings, and other communications made to the City of New York regarding this proceeding should be addressed to:
Michael J. Delaney, Esq.
Vice President - Energy Department New York City Economic Development Corporation 110 William Street New York, NY 10038 Telephone: (212) 312-3787 Facsimile: (212) 312-3915 E-mail: mdelaney@nycedc.com PETITION TO INTERVENE AND INTEREST OF NEW YORK CITY The City of New York seeks to intervene in this proceeding on its own behalf and on behalf of its residents and businesses that consume electricity. The Energy Department of the New York City Economic Development Corporation serves as the principal energy policy adviser to the City of New York, and is authorized to act on the City's behalf for the purposes of this proceeding.
New York City has some eight million residents, is a paramount world financial and commercial center, and has innumerable industrial, commercial, and retail entities in its jurisdiction. To an even greater extent than most urban areas in the nation, New York City is highly dependent on electricity for transportation and other critical energy needs. In addition, ratepayers in the City bear the burden of the highest electricity prices in the continental United States. The ultimate determination of the Commission in this nuclear relicensing matter, and in addressing the attendant issues associated therewith, will have ramifications that will affect the 2
welfare of all New Yorkers, potentially including their safety, as well as the issue of vitally needed energy services at a reasonably affordable cost.
CONTENTIONS OF THE CITY OF NEW YORK While the nuclear power generating stations for which relicensure is under consideration by the Commission and the ASLBP in this matter are not physically located within the confines of New York City within the meaning of 10 C.F.R Section 2.309 (d)(2), the northern border of the Bronx County portion of the City is well within the recognized ingestion planning zone, which can extend up to 50 miles from a radiological source. Indeed, most if not all of the physical limits of New York City fall within that radius.
In addition, the City's eight million residents depend to a great extent on food sources and particularly on water sources (the latter drawn directly from reservoirs such as Croton) that are themselves located within the 10-mile exposure zone that is recognized as a critical focus of emergency planning by the Commission. Moreover, many of the food and water sources on which the City depends are located within the more expansive ingestion planning zone.
Therefore, the City has a clear and direct interest in potential public health and safety issues associated with the issue of relicensure, notably in ensuring the safety of its food and water supplies. In addition, there is a continued need for the provision of lower-cost electric power to residential and commercial customers in New York City. The City itself as a governmental entity receives energy commodity supply from the New York State Power Authority ("NYPA") pursuant to a long-term contract through the year 2017, or well beyond the expiration of the current licensure periods for Indian Point Generating Units Nos. 2 and 3. NYPA has a long term commodity supply contract with Entergy, and thereby obtains electric power for New York City from the Indian Point plants, among other sources.
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Any decision on relicensing - or the imposition of operating license conditions - will affect the operation of Indian Point 2 and 3 in a manner that can be expected to have a lasting impact on ratepayers, and on all residents and businesses in the City.
The City thus seeks to intervene in this proceeding on behalf of all its electricity customers, whose interests will not otherwise be represented. Any determinations made in the instant matter by the ASLBP and Commission will likely affect the overall electricity market in New York, and thus will have a material impact on the cost and reliability of the energy serving New York City's electricity consumers.
Accordingly, under 10 C.F.R. § 2.3 09, the City has interests that will be directly affected by the outcome of this proceeding. The City therefore asks that the Commission grant its motion to intervene both as of right and as a discretionary matter, and that the City be made a party to this proceeding. No other person or entity adequately represents the interests of City and its electricity customers. Participation by New York City and in this matter is thus clearly in the public interest, and should be permitted.
CONCLUSION For all the foregoing reasons, the City requests that the Commission and ASLBP approve the intervention of the City of New York in this proceeding, in order to fully address the direct and cognizable interests of the City.
Dated: November 29, 2007 Respectfully Submitted, Is!MichaelJ. Delaney Michael J. Delaney, Esq.
NYCEDC - Energy Department 110 William Street New York, NY 10038 212-312-3787 mdelaney@nycedc.com 4
CERTIFICATE OF SERVICE I, Michael J. Delaney, hereby certify that, pursuant to the provisions of 10 C.F.R §§ 2.302 and 2.305, I have on November 29, 2007 caused the foregoing document to be sent by prepaid first-class U.S. Mail and by electronic mail to all parties listed below for this proceeding:
Office of the Secretary Office of the Commission Appellate Attn: Docketing and Service Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0002 E-mail: hearingdocketanrc. gov E-mail: ocaamail(@nrc.gov (Original and two (2) copies)
Sherwin E. Turk, Esq. Lloyd B. Subin, Esq.
Atomic Safety and Licensing Board Panel Beth N. Mizxuno, Esq.
Office of General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15 D21 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission E-mail: set@nrc.gov Washington, D.C. 20555 E-mail: lbs3@ nrc.gov E-mail: bnml@,nrc.gov Zachary S. Khan, Law Clerk Lawrence G. McDade, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Mail Stop: TT-3 F3 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, D.C. 20555-0001 E-mail: zxkl@.nrc.,gov E-mail: LGM1 (@nrc.gov Dr. Richard E. Wardwell Dr. Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-mail: REWanrc.,gov E-mail: KDL2Q@nrc.gov Atomic Safety and Licensing Board Panel Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop: O016G4 Washington, DC 20555-0001 E-mail: OCAAMAIL(@nrc.gov 5
Manna Jo Greene Justin D. Pruyne, Esq.
Hudson River Sloop Clearwater, Inc. Assistant County Attorney 112 Little Market Street Litigation Bureau Poughkeepsie, NY 12601 of Counsel to Charlene Indelicato, Esq.
E-mail:Mannaio(aclearwater.org Westchester County Attorney 148 Martine Avenue, Sixth Floor White Plains, NY 10601 E-mail: jdp3(@,westchestergov.corn William C. Dennis, Esq. Kathryn M. Sutton, Esq.
Assistant General Counsel Paul M. Bessette, Esq.
Entergy Nuclear Operations, Inc. Martin J. O'Neill, Esq.
440 Hamilton Avenue Morgan, Lewis & Bockius, LLP White Plains, NY 10601 1111 Pennsylvania Avenue, NW E-mail: wdennisc)entergy.com Washington, D.C. 20004 E-mail: ksutton(amorganlewis.com E-mail: pbessette(amorganlewis.com E-mail: martin.o'neill(amorganlewis.com Arthur J. Kremer, Chairman Susan H. Shapiro, Esq.
New York Affordable Reliable Electricity 21 Perlman Drive Alliance (AREA) Spring Valley, NY 10977 347 Fifth Avenue, Suite 508 E-mail: mbs(@ourrocklandoffice.com New York, NY 10016 E-mail: aikremer Orrmfpc.com kremer(Zarea-alliance.org Sherwood Martinelli Hon. Daniel E. O'Neill FUSE USA Mayor, Village of Buchanan 351 Dyckman Street Municipal Building Peekskill, NY 10566 Buchanan, NY 10511 E-mail: fuse usa(@yahoo.com rovceoenstin er(aol.conm By: /s!MichaelJ Delaney Michael J. Delaney, Esq.
NYCEDC - Energy Department 110 William Street New York, NY 10038 Telephone: 212-312-3787 Facsimile: 212-312-3915 E-mail: mdelaney@nycedc.com.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Richard E. Wardwell Dr. Kaye D. Lathrop Entergy Nuclear Operations, Inc. )
Indian Point Nuclear Generating Units Nos. ) Docket Nos. 50-247 and 50-286 2 & 3, Application for Hearing Regarding )
Renewal of Facility Operating License Nos. ) ASLBP No. 07-858-03-LR-BDOI DPR-26 and DPR-64 for Additional 20-year )
Period)
NOTICE OF APPEARANCE Michael J. Delaney, acting pursuant to 10 C.F.R. §2.314(b) hereby gives notice of appearance on behalf of the City of New York. The undersigned is a member in good standing of the State Bars of California, Missouri, New Jersey and New York, and is authorized to act on behalf of the City of New York in this matter.
November 29, 2007 By: Is/MichaelJ. Delaney Michael J. Delaney, Esq.
NYCEDC - Energy Department 110 William Street New York, NY 10038 Telephone: 212-312-3787 Facsimile: 212-312-3915 E-mail: mndelaney(Rnycedc.com 7