ML11259A265
| ML11259A265 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/16/2011 |
| From: | Bessette P, O'Neill M, Sutton K Morgan, Morgan, Lewis & Bockius, LLP, Entergy Nuclear Operations |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP-07-858-03-LR-BD01 | |
| Download: ML11259A265 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-247-LR and
) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Indian Point Nuclear Generating Units 2 and 3) )
) September 16, 2011 APPLICANTS REQUEST TO FILE A SURREPLY TO THE COMBINED REPLY OF RIVERKEEPER, INC. AND HUDSON RIVER SLOOP CLEARWATER, INC.
In accordance with Section G.3 of the Atomic Safety and Licensing Boards July 1, 2010 Scheduling Order,1 Entergy Nuclear Operations, Inc. (Entergy) hereby requests leave to file a surreply to the Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc.s Combined Reply to NRC Staff and Entergys Answers in Opposition to Motion to Admit New Contention Regarding the Fukushima Task Force Report (Combined Reply) and the associated Reply Memorandum filed on September 13, 2011.2 In support of this request, Entergy respectfully states as follows:
- 1. On August 11, 2011, Riverkeeper, Inc. (Riverkeeper) and Hudson River Sloop Clearwater, Inc. (Clearwater) (jointly, Intervenors) filed a Motion to admit a proposed New Contention in this proceeding purportedly based on new and significant information presented by the NRC in its report, Recommendations for Enhancing Reactor Safety in the 21st Century: The 1
Licensing Board Scheduling Order at 7 (July 1, 2010) (unpublished).
2 See Reply Memorandum Regarding Timeliness and Admissibility of New Contentions Seeking Consideration of Environmental Implications of Fukushima Task Force Report in Individual Reactor Licensing Proceedings (Sept. 13, 2011).
Near-term Task Force Review of Insights from the Fukushima Dai-ichi Accident (July 12, 2011) (the Task Force Report).3
- 2. On September 6, 2011, Entergy and the NRC Staff each filed Answers opposing the admission of the New Contention on the grounds that it does not meet the NRCs contention timeliness and admissibility criteria in 10 C.F.R. § 2.309.4
- 3. Three days later, on September 9, 2011, the Commission issued a Memorandum and Order (CLI-11-05), in which it ruled on a series of petitions filed in numerous proceedings to suspend adjudicatory, licensing, and rulemaking activities, and requesting additional related relief, in light of the March 2011 events at Fukishima.5 CLI-11-05 indicates that Riverkeepers and Clearwaters Rulemaking Petition (and associated suspension request) was among the many filings underlying the Commissions ruling.6
- 4. Shortly thereafter, on September 13, 2011, the Intervenors filed their Combined Reply and Reply Memorandum in response to the Answers of Entergy and the NRC Staff. In the Combined Reply and Reply Memorandum, Intervenors discuss the relevance and effect of CLI-11-05 with respect to their New Contention, suggesting that it supports admission of the contention.7 3
Motion to Admit Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. New Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the NRC Fukushima Task Force Report (Aug. 11, 2011) (Motion); Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. New Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the NRC Fukushima Task Force Report (Aug. 11, 2011) (New Contention).
4 See Applicants Answer to Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc.s Motion to Admit New Contention Regarding the Fukushima Task Force Report (Sept. 6, 2011) (Applicants Answer); NRC Staffs Answer In Opposition to Motion to Admit New Contention Regarding the Safety and Environmental Implications of the Nuclear Regulatory Commission Task Force Report on the Fukushima Dai-ichi Accident (Sept. 6, 2011) (NRC Staffs Answer).
5 See Union Elec. Co. d/b/a/ Ameren Missouri (Callaway Plant, Unit 2), CLI-11-05, 74 NRC __, slip op. (Sept. 9, 2011).
6 See id., Appendix at 18.
7 Combined Reply at 2; Reply Memorandum at 1-4.
- 5. Unlike Riverkeeper and Clearwater, Entergy did not have an opportunity to address the implications of CLI-11-05 relative to the admissibility of the New Contention.
Relevant here, a portion of the Commissions decision addresses claims that the Fukushima eventsas discussed in the Task Force Reportconstitute new and significant information under NEPA that must be analyzed as part of the environmental review for new reactor and license renewal decisions.8 Accordingly, Entergy submits that its inability to address the import of CLI-11-05 in its Answer, due solely to the timing of that decision, constitutes good cause for the filing of a brief surreply to address the relevance of CLI-11-5 to the proposed new contention. Indeed, the Combined Reply recognizes as much, stating that the Intervenors would not object to a response by Entergy and the Staff to their arguments regarding the relevance of CLI-11-05 to their contention.9
- 6. In accordance with 10 C.F.R. § 2.323(b), Counsel for Entergy has contacted Counsel for the NRC Staff, who stated that he does not oppose Entergys Motion for Leave to file a limited surreply. Intervenors noted their lack of objection in their Combined Reply.
8 See CLI-11-05, slip op. at 30-31.
9 Combined Reply at 2 n.4 (Because Entergy and the NRC Staff have not had an opportunity to address the effect of CLI-11-05 on the timeliness and admissibility of Intervenors contention, Intervenors would not object to a response by Entergy and the Staff to their arguments regarding the relevance of CLI-11-05 to their contention.).
WHEREFORE, Entergy respectfully requests that the Board grant its Motion for Leave to file a brief surreply to the Combined Reply and Reply Memorandum on or before Tuesday, September 20, 2011.
Respectfully submitted, Signed (electronically) by Paul M. Bessette William C. Dennis, Esq. Kathryn M. Sutton, Esq.
Entergy Nuclear Operations, Inc. Paul M. Bessette, Esq.
440 Hamilton Avenue Martin J. ONeill, Esq.
White Plains, NY 10601 MORGAN, LEWIS & BOCKIUS LLP Phone: (914) 272-3202 1111 Pennsylvania Avenue, N.W.
Fax: (914) 272-3205 Washington, D.C. 20004 E-mail: wdennis@entergy.com Phone: (202) 739-3000 Fax: (202) 739-3001 E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: martin.oneill@morganlewis.com COUNSEL FOR ENTERGY Dated in Washington, D.C.
this 16th day of September 2011
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-247-LR and
) 50-286-LR ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Indian Point Nuclear Generating Units 2 and 3) )
) September 16, 2011 CERTIFICATE OF SERVICE I certify that, on September 16, 2011, a copy of Applicants Request to File a Surreply to the Combined Reply of Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc., was served electronically with the Electronic Information Exchange on the following recipients:
Administrative Judge Administrative Judge Lawrence G. McDade, Chair Dr. Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 190 Cedar Lane E.
U.S. Nuclear Regulatory Commission Ridgway, CO 81432 Washington, DC 20555-0001 (E-mail: Kaye.Lathrop@nrc.gov)
(E-mail: Lawrence.McDade@nrc.gov)
Administrative Judge Office of the Secretary Dr. Richard E. Wardwell Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission (E-mail: hearingdocket@nrc.gov)
Washington, DC 20555-0001 (E-mail: Richard.Wardwell@nrc.gov)
Office of Commission Appellate Adjudication Josh Kirstein, Law Clerk U.S. Nuclear Regulatory Commission Katherine Tucker, Law Clerk Mail Stop: O-7H4M Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop: T-3 F23 (E-mail: ocaamail.resource@nrc.gov) U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: Josh.Kirstein@nrc.gov)
(E-mail: Katie.Tucker@nrc.gov)
Sherwin E. Turk, Esq. Melissa-Jean Rotini, Esq.
Beth N. Mizuno, Esq. Assistant County Attorney David E. Roth, Esq. Office of Robert F. Meehan, Esq.
Brian G. Harris, Esq. Westchester County Attorney Andrea Z. Jones, Esq. 148 Martine Avenue, 6th Floor Office of the General Counsel White Plains, NY 10601 Mail Stop: O-15D21 (E-mail: MJR1@westchestergov.com)
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: Sherwin.Turk@nrc.gov)
(E-mail: Beth.Mizuno@nrc.gov)
(E-mail: david.roth@nrc.gov)
(E-mail: brian.harris@nrc.gov)
(E-mail: andrea.jones@nrc.gov)
Manna Jo Greene Thomas F. Wood, Esq.
Stephen C. Filler Daniel Riesel, Esq.
Karla Raimundi Victoria Shiah, Esq.
Hudson River Sloop Clearwater, Inc. Sive, Paget & Riesel, P.C.
724 Wolcott Ave. 460 Park Avenue Beacon, NY 12508 New York, NY 10022 (E-mail: mannajo@clearwater.org) (E-mail: driesel@sprlaw.com)
(E-mail: karla@clearwater.org) (E-mail: vshiah@sprlaw.com)
(E-mail: stephenfiller@gmail.com)
Joan Leary Matthews, Esq. John Louis Parker, Esq.
Associate Commissioner Office of General Counsel, Region 3 Hearings and Mediation Services NYS Dept. of Environmental Conservation New York State Department of 21 S. Putt Corners Road Environmental Conservation New Paltz, New York 12561-1620 625 Broadway, 14th Floor (E-mail: jlparker@gw.dec.state.ny.us)
Albany, NY 12233-1500 (E-mail: jlmatthe@gw.dec.state.ny.us)
John J. Sipos, Esq. Michael J. Delaney, Esq.
Charlie Donaldson Esq. Vice President -Energy Department Assistant Attorneys General New York City Economic Development Office of the Attorney General Corporation (NYCDEC) of the State of New York 110 William Street New York, NY 10038 The Capitol mdelaney@nycedc.com Albany, NY 12224-0341 (E-mail: John.Sipos@ag.ny.gov) 2
Phillip Musegaas, Esq. Daniel E. ONeill, Mayor Deborah Brancato, Esq. James Siermarco, M.S.
Riverkeeper, Inc. Village of Buchanan 20 Secor Road Municipal Building Ossining, NY 10562 236 Tate Avenue (E-mail: phillip@riverkeeper.org) Buchanan, NY 10511-1298 (E-mail: dbrancato@riverkeeper.org) (E-mail: vob@bestweb.net)
(E-mail: smurray@villageofbuchanan.com)
Robert D. Snook, Esq. Janice A. Dean, Esq.
Assistant Attorney General Assistant Attorney General Office of the Attorney General Office of the Attorney General State of Connecticut of the State of New York 55 Elm Street 120 Broadway, 26th Floor P.O. Box 120 New York, New York 10271 Hartford, CT 06141-0120 (E-mail: Janice.Dean@ag.ny.gov)
(E-mail: Robert.Snook@po.state.ct.us)
Signed (electronically) by Paul M. Bessette Paul M. Bessette, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: (202) 739-5796 Fax: (202) 739-3001 E-mail: pbessette@morganlewis.com COUNSEL FOR ENTERGY NUCLEAR OPERATIONS, INC.
DB1/ 68132912.1 3