ML13190A065
| ML13190A065 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/09/2013 |
| From: | McDade L G Atomic Safety and Licensing Board Panel |
| To: | Entergy Nuclear Operations |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 24794 | |
| Download: ML13190A065 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of
ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR and 50-286-LR
ASLBP No. 07-858-03-LR-BD01 July 9, 2013 ORDER (Denying Motions for Reconsideration; Granting Entergy's Motion)
On June 12, 2013, the Board issued an order granting the State of New York's (New York) motion to submit four additional exhibits related to Contention NYS-5.
1 Additionally, the Board accepted and incorporated into the record New York's and Entergy Nuclear Operations, Inc.'s (Entergy) supplemental proposed findings of fact and conclusions of law for Contention NYS-16B.2 On June 14, 2013, Entergy filed a motion for reconsideration 3 regarding the Board's order granting New York's motion to submit additional exhibits related to Contention NYS-5.
4 Entergy argues that the Board erred by granting New York's motion without allowing Entergy or 1 See Licensing Board Order (Granting New York
's Motions, Denying Clearwater's Motions, and Denying CZMA Motions) (June 12, 2013) (unpublished).
2 Id. at 2. Entergy's supplemental proposed findings of fact and conclusions of law for contention NYS-16B were in response to New York's.
3 See Applicant's Motion for Reconsideration of the Board's Decision to Admit Additional New York Exhibits Concerning Contention NYS-5 (June 14, 2013).
4 See State of New York Motion for Leave to Submit Recently Disclosed Entergy Documents as Additional Exhibits Concerning Contention NYS-5 (June 10, 2013).
the NRC Staff the opportunity to respond and because New York failed to show good cause for the admission of the admitted exhibits.
5 On June 21, 2013, the NRC Staff filed a motion for partial reconsideration of the same June 12, 2013 Board order.
6 Similar to Entergy, the NRC Staff seeks reconsideration because the Board granted New York's June 10, 2013 motion and admitted exhibits related to Contention NYS-5 without allowing the NRC Staff the opportunity to respond.
7 The NRC Staff requests that it be allowed to file an answer to New York's motion.
8 Additionally, the NRC Staff requests that it be allowed to file responsive supplemental proposed findings of fact and conclusions of law on Contention NYS-16B.
9 On July 1, 2013, New York filed an answer to the NRC Staff's motion for partial reconsideration.
10 New York does not oppose the NRC Staff's motion for partial reconsideration to the extent that it requests that the NRC Staff be permitted to file an answer to New York's June 10, 2013 motion.
11 Additionally, New York requests that it be allowed to submit brief reply 5 Applicant's Motion for Reconsideration of the Board's Decision to Admit Additional New York Exhibits Concerning Contention NYS-5 (June 14, 2013) at 4-9. Entergy indicated that if the Board denies Entergy's motion for reconsideration, it will seek leave to supplement the evidentiary record. Id. at 9. 6 See NRC Staff's Motion for Partial Reconsideration of the Board's Order of June 12, 2013 (Granting New York's Motions to Supplement the Record on Contentions NYS-5 and NYS-16B) (June 21, 2013).
7 Id. at 2-3.
8 Id. at 5. 9 Id. 10 See State of New York's Answer to NRC Staff's Motion for Partial Reconsideration of the Board's Order of June 12, 2013 (Granting New York's Motions to Supplement the Record on Contentions NYS-5 and NYS-16B) (July 1, 2013).
11 Id. at 2. findings of fact and conclusions of law regarding Contention NYS-16B if the NRC Staff is given the opportunity to respond.
12 For the reasons discussed below, we deny Entergy's and the NRC Staff's motions for reconsideration. Section 2.323(e) provides that a motion for reconsideration may be filed "upon a showing of compelling circumstances, such as the existence of a clear and material error in a decision, which could not have been reasonably anticipated, that renders the decision invalid."
13 Reconsideration is permitted only "where manifest injustice would occur in the absence of reconsideration, . . . ."
14 The Commission has stated that the reconsideration standard is to be applied strictly, and reconsideration should only be allowed when there is "decisive new information" or "a fundamental . . . misunderstanding of a key point."
15 Viewing the motions for reconsideration in light of these requirements, the Board denies the requests. The Board does not believe that manifest injustice has occurred. In lieu of granting Entergy's and the NRC Staff's motions, the Board will accept and consider the supplemental filing requested by Entergy 16 and the NRC Staff's answer 17 to New York's June 10, 2013 motion. Given that Entergy has responded to New York's motion with substantive 12 Id. New York requests permission to file combined reply findings of fact and conclusions of law regarding Contention NYS-16B, briefly replying to both the NRC Staff and Entergy. Id.
New York proposes a deadline of July 25, 2013. Id.
13 10 C.F.R. § 2.323(e).
14 Virginia Elec. & Power Co. d/b/a Dominion Virginia Power & Old Dominion Elec. Coop.
(North Anna Power Station, Unit 3), LBP-08-23, 68 NRC 679, 681 (2008) (citing Final Rule: "Changes to Adjudicatory Process," 69 Fed. Reg. 2182, 2207 (Jan. 14, 2004)).
15 See Louisiana Energy Servs., L.P.
(National Enrichment Facility), CLI-04-35, 60 NRC 619, 622 (2004); Pac. Gas & Elec. Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation), CLI-06-27, 64 NRC 399, 400-01 (2006).
16 Applicant's Motion for Reconsideration of the Board's Decision to Admit Additional New York Exhibits Concerning Contention NYS-5 (June 14, 2013) at 9.
17 NRC Staff's Motion for Partial Reconsideration of the Board's Order of June 12, 2013 (Granting New York's Motions to Supplement the Record on Contentions NYS-5 and NYS-16B) (June 21, 2013) at 5.
argument and accompanying attachments, the Board expects that any supplemental filings and answers be concise. Additionally, the Board will accept and incorporate into the record any responsive supplemental proposed findings of fact and conclusions of law on Contention NYS-16B filed by the NRC Staff. All filings will be considered timely if filed on or before July 22, 2013. New York's request to submit brief reply findings of fact and conclusions of law regarding Contention NYS-16B is denied. Lastly, on June 20, 2013, Entergy filed a motion for leave to file Entergy communication NL-13-075 as exhibit ENT000608.
18 Per the Board's June 12, 2013 order, 19 Entergy's motion is GRANTED and ENT000608 is admitted. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD
___________________________
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland
July 9, 2013 18 See Entergy's Motion for Leave to File, and to Request the Admission of, Hearing Exhibit ENT000608 (June 20, 2013).
19 Licensing Board Order (Granting New York's Motions, Denying Clearwater's Motion, and Denying CZMA Motions) (June 12, 2013) at 2 (unpublished).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
) Docket Nos. 50-247-LR
) and 50-286-LR (Indian Point Nuclear Generating, ) Units 2 and 3) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER (Denying Motions for Reconsideration; Granting Entergy's Motion) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-7H4M Washington, DC 20555-0001
ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001
hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001
Lawrence G. McDade, Chair
Administrative Judge lawrence.mcdade@nrc.gov
Richard E. Wardwell
Administrative Judge richard.wardwell@nrc.gov Michael F. Kennedy Administrative Judge michael.kennedy@nrc.gov
Shelbie Lewman, Law Clerk
James Maltese, Law Clerk Carter Thurman, Law Clerk shelbie.lewman@nrc.gov james.maltese@nrc.gov carter.thurman@nrc.gov
Edward L. Williamson, Esq.
Beth N. Mizuno, Esq. David E. Roth, Esq. Sherwin E. Turk, Esq.
Brian Harris, Esq.
Mary B. Spencer, Esq.
Anita Ghosh, Esq.
John Tibbetts, Paralegal U.S. Nuclear Regulatory Commission Office of the General Counsel
Mail Stop O-15D21 Washington, DC 20555-0001
sherwin.turk@nrc.gov; edward.williamson@nrc.gov beth.mizuno@nrc.gov; brian.harris.@nrc.gov david.roth@nrc.gov; mary.spencer@nrc.gov anita.ghosh@nrc.gov; john.tibbetts@nrc.gov
OGC Mail Center OGCMailCenter@nrc.gov William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc. 440 Hamilton Avenue White Plains, NY 10601
wdennis@entergy.com
William B. Glew, Jr.
Organization: Entergy 440 Hamilton Avenue, White Plains, NY 10601 wglew@entergy.com
Docket Nos. 50-247-LR and 50-286-LR ORDER (Denying Motions for Reconsideration; Granting Entergy's Motion) 2 Elise N. Zoli, Esq.
Goodwin Proctor, LLP Exchange Place, 53 State Street Boston, MA 02109 ezoli@goodwinprocter.com
Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Victoria Shiah Treanor, Esq.
Adam Stolorow, Esq.
Jwala Gandhi, Paralegal Peng Deng, Paralegal Counsel for Town of Cortlandt Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com; vtreanor@sprlaw.com astolorow@sprlaw.com; jgandhi@sprlaw.com pdeng@sprlaw.com
Kathryn M. Sutton, Esq. Paul M. Bessette, Esq. Martin J. O'Neill, Esq.
Raphael Kuyler, Esq.
Jonathan M. Rund, Esq.
Lena Michelle Long, Esq.
Laura Swett, Esq. Lance Escher, Esq.
Mary Freeze, Legal Secretary Antoinette Walker, Legal Secretary
Doris Calhoun, Legal Secretary
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004
ksutton@morganlewis.com martin.oneill@morganlewis.com rkuyler@morganlewis.com; jrund@morganlewis.com llong@morganlewis.com; lswett@morganlewis.com lescher@morganlewis.com mfreeze@morganlewis.com awalker@morganlewis.com dcalhoun@morganlewis.com
Phillip Musegaas, Esq. Deborah Brancato, Esq. Ramona Cearley, Secretary Riverkeeper, Inc.
20 Secor Road
Ossining, NY 10562 phillip@riverkeeper.org
- dbrancato@riverkeeper.org rcearley@riverkeeper.org
Melissa-Jean Rotini, Esq. Assistant County Attorney
Office of Robert F. Meehan, Westchester County Attorney
148 Martine Avenue, 6th Floor White Plains, NY 10601 mjr1@westchestergov.com
Clint Carpenter, Esq.
Bobby Burchfield, Esq.
Matthew Leland, Esq. McDermott, Will and Emergy LLP 600 13th Street, NW Washington, DC 20005 ccarpenter@mwe.com; bburchfield@mwe.com mleland@mwe.com
Matthew W. Swinehart, Esq.
Covington & Burling LLP
1201 Pennsylvania Avenue, NW Washington, DC 20004
mswinehart@cov.com
Edward F. McTiernan, Esq.
New York State Department
of Environmental Conservation
Office of General Counsel 625 Broadway 14th Floor Albany, NY 12233-1500 efmctier@gw.dec.state.ny.us
Docket Nos. 50-247-LR and 50-286-LR ORDER (Denying Motions for Reconsideration; Granting Entergy's Motion) 3 Manna Jo Greene, Environmental Director Steven C. Filler Karla Raimundi
Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave.
Beacon, NY 12508
mannajo@clearwater.org; stephenfiller@gmail.com karla@clearwater.org
Richard Webster, Esq.
Public Justice, P.C. For Hudson River Sloop Clearwater, Inc.
1825 K Street, NW, Suite 200 Washington, D.C. 20006 rwebster@publicjustice.net
Michael J. Delaney, Esq.
Director, Energy Regulatory Affairs NYC Department of Environmental Protection
59-17 Junction Boulevard Flushing, NY 11373 mdelaney@dep.nyc.gov
John J. Sipos, Esq.
Charles Donaldson, Esq. Assistant Attorneys General Office of the Attorney General of the State of New York
Elyse Houle, Legal Support The Capitol, State Street Albany, New York 12224 john.sipos@ag.ny.gov charlie.donaldson@ag.ny.gov elyse.houle@ag.ny.gov Robert D. Snook, Esq. Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 robert.snook@po.state.ct.us
Janice A. Dean, Esq.
Kathryn Liberatore, Esq.
Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, New York 10271 janice.dean@ag.ny.gov kathryn.liberatore@ag.ny.gov
Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building
236 Tate Avenue
Buchanan, NY 10511-1298 smurray@villageofbuchanan.com administrator@villageofbuchanan.com
[Original signed by Clara I. Sola ] Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 9th day of July 2013