ML13123A195
| ML13123A195 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/03/2013 |
| From: | Sipos J J State of NY, Office of the Attorney General |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24461, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML13123A195 (8) | |
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. May 3, 2013
x
MOTION BY THE STATE OF NEW YORK FOR LEAVE TO FILE TWO ADDITIONAL EXHIBITS CONCERNING CONSOLIDATED CONTENTION NYS-37
Office of the Attorney General for the State of New York
The Capitol
Albany, New York 12224 DISCUSSION In accordance with 10 C.F.R. § 2.323(a), the St ate of New York requests leave to file as additional exhibits, two orders of the New York State Publ ic Service Commission ("PSC")
which were issued in January and February 2013, after the last day of hearings in this proceeding. One order granted a Certificate of Environmental Compatibility and Public Need for the construction and operation of a high voltage, direct current circ uit from the Canadian Border to New York City (Champlain Hudson Power Express).
1 The other order granted a Certificate of Public Convenience and Necessity for the construction of a combined cycle natural gas powered 1,000 megawatt electric generating facility in Dutchess Count y, New York (Cricket Valley Energy Center).
2 The two PSC orders, which the State has marked and proposes to submit as Exhibits NYS000474 and NYS000475, accompany this motion. The State has consulted with Entergy, NRC Staff, Riverkeeper , and Clearwater pursuant to 10 C.F.R. § 2.323(b). Entergy, Riverkeeper and Clearwater do not oppose this motion. NRC Staff opposes the motion on the grounds that it is late, and that the documents are cumulative and immaterial. NRC Staff requests an opportunity to respond to the motion. Good cause exists for allowing the submission of these exhibits. The exhibits, NYS000474 and NYS000475, are relevant to the issues addresse d by Contention NYS-37 that the parties and their w itnesses discussed in their pre-filed testimony and during the evidentiary hearing before the Atomic Safety and Licensing Board. NRC Staff discussed the Champlain Hudson Power Express ("CHPE") project in the Final Supplemental Environmental Impact
1 State of New York Public Service Commissi on, Case 11-E-0593, Order Gr anting Certificate of Public Convenience and Necessity, Petition of Cricket Valle y Energy Center, LLC (Feb. 14, 2013) (NYS000475).
2 State of New York Public Service Commissi on, Case 10-T-0139, Order Gr anting Certificate of Environmental Compatibility and Public Need, Application of Champlain Hudson Power Express, Inc. (Apr. 18, 2013) (NYS000474).
Statement ("FSEIS") for license renewal and in NRC Staff pre-filed testimony as an example of new transmission capacity that could deliver power to the New York City metropolitan area if Indian Point were not relicensed.
3 New York State experts also discussed the CHPE project for the same purpose in their pre-filed testimony.
4 Exhibits relating to this project have already been admitted into evidence in this proceeding.
See NYS000074 and NYS000076. Similarly, both the State and NRC Staff have introduced exhibits relating to the Cricket Valley Energy Center in this proceeding.
See NYS000444; NYS000445; NRC000165; NRC000166. These two proposed new exhibits (NYS000474 and NYS000475) represent additional governmental approvals of two projects that will provide replacement energy to the New York metropolitan area if Indian Point is not relicensed. Admission of them will assist in the development of a full hearing record and will not cause delay or harm to any party. As noted, the State of New York has cons ulted with the other parties pursuant to 10 C.F.R. § 2.323(b), and only NRC Staff opposes the motion.
3 NYS000133C at 8-27; NRC000133 at 54-55 A.8.
4 NYS000046 at 38 2
CONCLUSION For the above reasons, the State respectfully requests that the Boar d grant the State of New York leave to file NYS000474 and NYS000475 as additional exhibits. The documents, with exhibit marker NYS000474 and NYS000475, 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 12224 (518) 402-2251
Dated: May 3, 2013 3
4 Certificate Pursuant to 10 C.F.R. § 2.323 In accordance with the Board's 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. Entergy, Riverkeeper and Clearwater do not oppose the motion. NRC Staff opposes the motion and requests an opportunity to respond.
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
May 3, 2013
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. May 3, 2013
x CERTIFICATE OF SERVICE I hereby certify that on May 3, 2013, copies of the Motion by State of New York Motion For Leave to File Additional Exhibits a nd Exhibits NYS000474 and NYS000475; were served electronically via the Electronic Informa tion Exchange on the following recipients:
Lawrence G. McDade, Chair
Richard E. Wardwell, Administrative Judge Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
11545 Rockville Pike
Rockville, MD 20852-2738
Lawrence.McDade@nrc.gov Richard.Wardwell@nrc.gov
Michael.Kennedy@nrc.gov
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
11545 Rockville Pike
Rockville, MD 20852-2738
Shelbie Lewman, Esq. Law Clerk Carter Thurman, Law Clerk Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike
Rockville, MD 20852-2738 Shelbie.Lewman@nrc.gov Carter.Thurman@nrc.gov James.Maltese@nrc.gov
Office of Commission Appellate
Adjudication
U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North
11555 Rockville Pike
Rockville, MD 20852-2738 ocaamail@nrc.gov 2 Office of the Secretary Attn: Rulemaking and Adjudications Staff
U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North
11545 Rockville Pike
Rockville, MD 20852-2738
hearingdocket@nrc.gov
Sherwin E. Turk, Esq.
David E. Roth, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Anita Ghosh, Esq.
Joseph A. Lindell, Esq.
Office of the General Counsel
U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North
11555 Rockville Pike
Rockville, MD 20852-2738
sherwin.turk@nrc.gov
david.roth@nrc.gov beth.mizuno@nrc.gov
brian.harris@nrc.gov anita.ghosh@nrc.gov Joseph.Lindell@nrc.gov
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Jonathan Rund, Esq.
Raphael Kuyler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW
Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com jrund@morganlewis.com rkuyler@morganlewis.com
Martin J. O'Neill, Esq.
Suite 4000
1000 Louisiana Street
Houston, TX 77002 martin.o'neill@morganlewis.com
Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW
Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com
Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401 rmeserve@cov.com
Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street
Boston, MA 02109 ezoli@goodwinprocter.com
William C. Dennis, Esq.
Assistant General Counsel
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue
White Plains, NY 10601 wdennis@entergy.com
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@ct.gov 3Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building
148 Martine Avenue, 6th Floor
White Plains, NY 10601 MJR1@westchestergov.com
Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building
236 Tate Avenue
Buchanan, NY 10511-1298 Administer@villageofbuchanan.com
Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria S. Treanor, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue
New York, NY 10022 driesel@sprlaw.com vtreanor@sprlaw.com
Michael J. Delaney, Esq. Director Energy Regulatory Affairs NYC Department of Environmental
Protection
59-17 Junction Boulevard
Flushing, NY 11373
(718) 595-3982
mdelaney@dep.nyc.govKarla Raimundi, Environmental Justice
Associate
Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue
Beacon, NY 12508
karla@clearwater.org
Richard Webster, Esq.
Public Justice, P.C.
Suite 200 1825 K Street, NW
Washington, DC 20006 rwebster@publicjustice.net
Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road
Ossining, NY 10562
phillip@riverkeeper.org dbrancato@riverkeeper.org
Signed (electronically) by
____________________________________ John J. Sipos Assistant Attorney General State of New York (518) 402-2251
Dated at Albany, New York
this 3rd day of May 2013