ML12283A417
| ML12283A417 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/09/2012 |
| From: | Sipos J State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23598, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12283A417 (7) | |
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. October 9, 2012
x UNOPPOSED MOTION BY STATE OF NEW YORK FOR LEAVE TO FILE ADDITIONAL EXHIBITS CONCERNING CONTENTION NYS-37 Office of the Attorney General for the State of New York The Capitol State Street Albany, New York 12224
INTRODUCTION In accordance with 10 C.F.R. § 2.323(a) and the Atomic Safety and Licensing Boards (Board) direction during the September 24, 2012 prehearing teleconference, the State of New York requests leave to file three additional New York Exhibits NYS000443 to NYS000445.
Good cause exists for allowing the State to file these additional exhibits because they came into existence very recently and are relevant to issues likely to be discussed at the upcoming evidentiary hearing. Their admission is necessary to develop a full hearing record and will not cause delay or harm to any party. The State has disclosed the documents to the parties. The State of New York has consulted with Entergy, NRC Staff, Riverkeeper, and Clearwater have consulted pursuant to 10 C.F.R. § 2.323(b), and none of these parties opposes this motion.
ARGUMENT GOOD CAUSE EXISTS FOR ALLOWING THE STATE TO FILE THE ADDITIONAL EXHIBITS It is of the utmost importance that the Board has a full record of all material and relevant evidence when rendering its relicensing decision. See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-580, 11 N.R.C. 227, 230 (Atomic Licensing Appeal Board 1980) (No conceivable good is served by making empty findings in the absence of essential evidence.). To that end, the Board has indicated that parties may proffer newly-created, relevant documents identified as new exhibits. See Teleconference Tr. at 1220, 1245-46 (Sept. 24, 2012). Therefore, the State respectfully requests these exhibits be admitted to ensure that the ultimate decision on relicensing is based on a complete record.
New York Exhibits NYS000443 to NYS000445 include the following three documents:
- New York State Planning Board, New York State Transmission and Distribution Systems Reliability Study and Report, http://www.nysenergyplan.com/2013stateenergyplan-documents/reliability-study.pdf (August 30, 2012) (NYS000443);
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- New York State Department of Environmental Conservation, State Environmental Quality Review (SEQR), Findings Statement, Cricket Valley Energy Center, http://www.dec.ny.gov/docs/permits_ej_operations_pdf/cveseqrfind.pdf (September 26, 2012) (NYS000444);
- New York State Department of Environmental Conservation, News, DEC Approves New Cricket Valley Energy Center (CVE): Allows State-of-the-Art 1,000 Megawatt Natural Gas Fired Power Plant in Dutchess County to Move Forward, http://www.dec.ny.gov/press/85841.html (October 2, 2012)
(NYS000445).
None of these documentsdated August, September, and October 2012were previously available to the State for inclusion in the States June 29, 2012 rebuttal submissions. The documents refer to approvals for additional electric generation capacity. Thus, the issues addressed in these documents were already likely hearing topics and the introduction of these exhibits will not expand the scope of the hearing, delay the hearing, or have any adverse effect on the proceeding.
CONCLUSION For the above reasons, the State respectfully requests that the Board grant the State of New York leave to file NYS000443 to NYS000445 as additional exhibits.1 The three documents
- with exhibit markers - accompany this filing.
Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 Dated: October 9, 2012 1
Last week, the State withdrew Exhibit NYS000442, and the State will not use exhibit number NYS000442 in this proceeding.
2
Certificate Pursuant to 10 C.F.R. § 2.323 In accordance with the Boards Scheduling Order of July 1, 2010 (at 8-9) and 10 C.F.R.
§ 2.323(b), the undersigned counsel hereby certifies that counsel for the State of New York has made a sincere effort to contact other parties in the proceeding and resolve the issues raised in the motion. The State of New Yorks efforts to resolve the issues with the other parties has been successful, and none of the parties oppose the States motion.
Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General for the State of New York The Capitol Albany, New York 12227 (518) 402-2251 October 9, 2012
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. October 9, 2012
x CERTIFICATE OF SERVICE I hereby certify that on October 9, 2012, copies of the Unopposed Motion by State of New York Motion For Leave to File Additional Exhibits; Exhibits NYS000443 - NYS000445; Exhibit NYSR00399; and Exhibit NYSR17001 were served electronically via the Electronic Information Exchange on the following recipients:
Lawrence G. McDade, Chair Shelbie Lewman, Esq. Law Clerk Richard E. Wardwell, Administrative Judge Anne Siarnacki, Esq., Law Clerk Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 3 F23 Mailstop 3 F23 Two White Flint North Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov Lawrence.McDade@nrc.gov Anne.Siarnacki@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mailstop 16 G4 Mailstop 3 F23 One White Flint North Two White Flint North 11555 Rockville Pike 11545 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 ocaamail@nrc.gov
Office of the Secretary Bobby R. Burchfield, Esq.
Attn: Rulemaking and Adjudications Staff Matthew M. Leland, Esq.
U.S. Nuclear Regulatory Commission Clint A. Carpenter, Esq.
Mailstop 3 F23 McDermott Will & Emery LLC Two White Flint North 600 13th Street, NW 11545 Rockville Pike Washington, DC 20005-3096 Rockville, MD 20852-2738 bburchfield@mwe.com hearingdocket@nrc.gov mleland@mwe.com ccarpenter@mwe.com Sherwin E. Turk, Esq.
David E. Roth, Esq. Richard A. Meserve, Esq.
Beth N. Mizuno, Esq. Covington & Burling LLP Brian G. Harris, Esq. 1201 Pennsylvania Avenue, NW Anita Ghosh, Esq. Washington, DC 20004-2401 Joseph A. Lindell, Esq. rmeserve@cov.com Office of the General Counsel U.S. Nuclear Regulatory Commission Elise N. Zoli, Esq.
Mailstop 15 D21 Goodwin Procter, LLP One White Flint North Exchange Place 11555 Rockville Pike 53 State Street Rockville, MD 20852-2738 Boston, MA 02109 sherwin.turk@nrc.gov ezoli@goodwinprocter.com david.roth@nrc.gov beth.mizuno@nrc.gov William C. Dennis, Esq.
brian.harris@nrc.gov Assistant General Counsel anita.ghosh@nrc.gov Entergy Nuclear Operations, Inc.
Joseph.Lindell@nrc.gov 440 Hamilton Avenue White Plains, NY 10601 Kathryn M. Sutton, Esq. wdennis@entergy.com Paul M. Bessette, Esq.
Jonathan Rund, Esq. Robert D. Snook, Esq.
Raphael Kuyler, Esq. Assistant Attorney General Morgan, Lewis & Bockius LLP Office of the Attorney General 1111 Pennsylvania Avenue, NW State of Connecticut Washington, DC 20004 55 Elm Street ksutton@morganlewis.com P.O. Box 120 pbessette@morganlewis.com Hartford, CT 06141-0120 jrund@morganlewis.com robert.snook@ct.gov rkuyler@morganlewis.com Melissa-Jean Rotini, Esq.
Martin J. ONeill, Esq. Assistant County Attorney Morgan, Lewis & Bockius LLP Office of the Westchester County Attorney Suite 4000 Michaelian Office Building 1000 Louisiana Street 148 Martine Avenue, 6th Floor Houston, TX 77002 White Plains, NY 10601 martin.oneill@morganlewis.com MJR1@westchestergov.com Daniel E. ONeill, Mayor James Seirmarco, M.S.
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Village of Buchanan Manna Jo Greene, Director Municipal Building Karla Raimundi, Environmental Justice 236 Tate Avenue Associate Buchanan, NY 10511-1298 Stephen Filler, Esq., Board Member vob@bestweb.net Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Daniel Riesel, Esq. Beacon, NY 12508 Thomas F. Wood, Esq. Mannajo@clearwater.org Victoria S. Treanor, Esq. karla@clearwater.org Sive, Paget & Riesel, P.C. stephenfiller@gmail.com 460 Park Avenue New York, NY 10022 Richard Webster, Esq.
driesel@sprlaw.com Public Justice, P.C.
vtreanor@sprlaw.com Suite 200 1825 K Street, NW Michael J. Delaney, Esq. Washington, DC 20006 Director rwebster@publicjustice.net Energy Regulatory Affairs NYC Department of Environmental Phillip Musegaas, Esq.
Protection Deborah Brancato, Esq.
59-17 Junction Boulevard Riverkeeper, Inc.
Flushing, NY 11373 20 Secor Road (718) 595-3982 Ossining, NY 10562 mdelaney@dep.nyc.gov phillip@riverkeeper.org dbrancato@riverkeeper.org Signed (electronically) by Teresa Manzi State of New York (518) 474-1978 Dated at Albany, New York this 9th day of October 2012 3