JPN-02-004, Request for an Extension of Time to Submit an Answer and Request for Hearing

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Request for an Extension of Time to Submit an Answer and Request for Hearing
ML020790550
Person / Time
Site: Pilgrim, FitzPatrick
Issue date: 03/18/2002
From: Kansler M
Entergy Nuclear Northeast
To: Collins S
Office of Nuclear Reactor Regulation
References
ENGC 1.2.02.023, JPN-02-004
Download: ML020790550 (6)


Text

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

440 Hamilton Avenue Entergy White Plains, NY 10601 Tel 914 272 3200 Fax 914 272 3205 Michael R. Kansler Senior Vice President &

Chief Operating Officer March 18, 2002 JPN-02-004 ENGC 1.2.02.023 Via Overnight Delivery Mr. Samuel J. Collins, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission One White Flint North Mail Stop 05-E-7 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company - Request for an Extension of Time to Submit an Answer and Request for Hearing James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-59 Pilgrim Nuclear Power Station Docket No. 50-293 License No. DPR-35

REFERENCE:

NRC letters to Michael R. Kansler from Samuel J. Collins dated February 25, 2002, regarding "Issuance of Order for Interim Safeguards and Security Compensatory Measures" for James A. FitzPatrick Nuclear Power Plant and Pilgrim Nuclear Power Station

Dear Sir:

Section IV of the Nuclear Regulatory Commission's ("NRC") February 25, 2002 Order Modifying Licenses ("Order") states that, in accordance with 10 C.F.R. § 2.202, a Licensee must submit an answer to the Order and may request an extension of time in which to submit an answer or to request a hearing on the Order within 20 days of the date of the Order. In addition, the Order states, "[w]here good cause is shown, consideration will be given to extending the time to request a hearing."

For the following reasons, Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company ("Entergy"), hereby requests an extension of time to supplement the Answer to the Order submitted March 18, 2002 and to request a hearing.

/i

As required by Condition C.1. of the Order, Entergy's response identifies specific actions to be taken to comply with each applicable requirement and provides a schedule for implementation. We have responded to Conditions B.1. and B.2. by identifying requirements with which compliance is unnecessary in Entergy's specific circumstances.

In a few instances, as detailed in our March 18, 2002 submittals to the NRC, we are unable to complete the necessary evaluations to determine what actions are appropriate and what an appropriate schedule for implementation would be within the required response time. Because we will be unable to ascertain the appropriate actions in the context of meeting the NRC's intent for these measures, we will be unable to determine whether it is necessary to request a hearing until we have completed the analyses and/or actions with respect to those matters.

Because of the unique nature of the situation that precipitated issuance of the Order, pursuant to Section IV of the Order, Entergy requests (1) an extension of time to file an answer for Interim Compensatory Measures B.2.a.(1), B.2.a.(2) and B.2.b. until June 14, 2002 and (2) that a comparable extension of time to file a request for hearing be granted for those matters.

Good cause exists for this request. Several complex analyses are being performed related to these measures. Until these analyses required to respond to the Order are complete, Entergy cannot know if it is able to comply with the Order in these respects, if compliance is necessary in the circumstances, or if compliance would cause Entergy to be in violation of NRC regulations or a facility license. Accordingly, Entergy cannot know at this time how its interests will be affected by the Order and cannot determine at this time whether a request for a hearing would be appropriate.

Thus, as noted above, Entergy requests an extension of time to file an answer to certain Interim Compensatory Measures, and similarly requests an extension of time for requesting a hearing on that portion of the Order that relates to these certain Interim Compensatory Measures.

If you have any questions or require additional information, please contact Ms. Charlene Faison at 914-272-3378.

This letter includes new commitments as summarized in Attachment 1.

Very truly ygrSs

" Michael R. Ka'sler

-' Senior Vice President and Chief Operating Officer

Attachment:

1. List of Regulatory Commitments to JPN-02-004/ENGC 1.2.02.023 cc: See Next Page

cc: (all with attachment)

Secretary, Office of the Secretary U. S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 Mr. Dennis C. Dambly Assistant General Counsel for Materials Litigation and Enforcement U.S. Nuclear Regulatory Commission Mail Stop 15-D-21 Washington, DC 20555-0001 Mr. Hubert Miller Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Patrick Milano, Project Manager Project Directorate I Division of Licensing Project Management U.S. Nuclear Regulatory Commission Mail Stop 0-8-C2 Washington, DC 20555-0001 Mr. Guy Vissing, Project Manager Project Directorate I Division of Licensing Project Management U.S. Nuclear Regulatory Commission Mail Stop 8C2 Washington, DC 20555-0001 Mr. Travers Tate, Project Manager Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission Mail Stop O-8B-1 Washington, DC 20555-0001 Resident Inspector's Office US Nuclear Regulatory Commission P.O. Box 136 Lycoming, NY 13093

Senior Resident Inspector's Office Indian Point Unit 2 U.S. Nuclear Regulatory Commission P.O. Box 38 Buchanan, NY 10511-0038 Resident Inspectors Office Indian Point Unit 3 U.S. Nuclear Regulatory Commission P.O. Box 337 Buchanan, NY 10511 Senior Resident Inspector, M/S 66 Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360

Attachment I to JPN-02-004/ENGC-02-023 List of Regulatory Commitments

List of Regulatory Commitments The following table identifies those actions committed to by Entergy in this document. Any other statements in this submittal are provided for information purposes and are not considered to be regulatory commitments.

TYPE (Check one) SCHEDULED ONE- CONTINUING COMPLETION COMMITMENT TIME COMPLIANCE DATE (If ACTION Required)

File an answer for Interim Compensatory x Measures B.2.a.(1), B.2.a.(2) and B. 2. b. June 14, 2002 Submit an answer or to request a hearing on x Interim Compensatory Measures B.2.a.(1) June 14, 2002 B.2.a.(2), and B. 2. b.