ML042520345

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Y020040164 - Michael Kaplowitz Ltr. Re. Request for Formal Adjudicatory Hearing on Any Proposed License Renewal for Indian Point 2 and 3
ML042520345
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 09/13/2004
From: Holden C
NRC/NRR/DLPM/LPD1
To: Kaplowitz M
Westchester County, NY, Board of Legislators
Milano P, NRR/DLPM , 415-1457
Shared Package
ML042520364 List:
References
TAC MC4039, TAC MC4040, Y020040164
Download: ML042520345 (3)


Text

September 13, 2004 Mr. Michael B. Kaplowitz Chair, Committee on Budget & Appropriations Westchester County Board of Legislators 800 Michaelian Office Building 148 Martine Avenue White Plains, NY 10601

Dear Mr. Kaplowitz:

On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your letter of May 14, 2004, requesting a formal adjudicatory hearing on any proposed renewal of the operating licenses for Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and 3).

As stated in our letter to you on April 15, 2004, Entergy Nuclear Operations, Inc. (Entergy) has not submitted an application to renew the operating licenses for IP2 and 3. Therefore, as discussed below, your request for a formal hearing cannot be accepted.

The NRC regulations that govern the hearing process are found in Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, of Title 10 of the Code of Federal Regulations (10 CFR Part 2). When NRC licensing actions involve nuclear reactors, such as a license renewal application, the NRC will publish a "Notice of Opportunity for Hearing" in the Federal Register. This Notice will also be available at the NRCs web site under Hearing Opportunities and License Applications. Hearing requests and intervention petitions must be filed in accordance with 10 CFR Part 2, within 60 days of the date of the Federal Register publication.

In the present case, Entergy has not submitted a request to renew the licenses for IP2 and 3.

Consequently, the NRC has not published a Notice allowing for the request of an adjudicatory hearing. Therefore, your request cannot be accepted, as it is premature.

I trust this information is useful in understanding the NRCs hearing process.

Sincerely,

/RA/

Cornelius F. Holden, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation

September 13, 2004 Mr. Michael B. Kaplowitz Chair, Committee on Budget & Appropriations Westchester County Board of Legislators 800 Michaelian Office Building 148 Martine Avenue White Plains, NY 10601

Dear Mr. Kaplowitz:

On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your letter of May 14, 2004, requesting a formal adjudicatory hearing on any proposed renewal of the operating licenses for Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and 3).

As stated in our letter to you on April 15, 2004, Entergy Nuclear Operations, Inc. (Entergy) has not submitted an application to renew the operating licenses for IP2 and 3. Therefore, as discussed below, your request for a formal hearing cannot be accepted.

The NRC regulations that govern the hearing process are found in Part 2, Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, of Title 10 of the Code of Federal Regulations (10 CFR Part 2). When NRC licensing actions involve nuclear reactors, such as a license renewal application, the NRC will publish a "Notice of Opportunity for Hearing" in the Federal Register. This Notice will also be available at the NRCs web site under Hearing Opportunities and License Applications. Hearing requests and intervention petitions must be filed in accordance with 10 CFR Part 2, within 60 days of the date of the Federal Register publication.

In the present case, Entergy has not submitted a request to renew the licenses for IP2 and 3.

Consequently, the NRC has not published a Notice allowing for the request of an adjudicatory hearing. Therefore, your request cannot be accepted, as it is premature.

I trust this information is useful in understanding the NRCs hearing process.

Sincerely,

/RA/

Cornelius F. Holden, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation DISTRIBUTION: (YT20040164)

PUBLIC (w/incoming)

PDI-1 R/F (w/inc)

J. Dyer/R. Borchardt B. Sheron S. Collins, R-I T. Marsh/J. Lyons C. Holden R. Laufer P-T Kuo S. Lee B. McDermott, R-I A. Fernandez P. Milano S. Little G. Matakas, R-I R. Bores, R-I L. Cox OGC OPA OSP NRR Mailroom INCOMING NO.: ML042290589 ACCESSION NO: ML042520345 PACKAGE: ML042520364 OFFICE PDI-1/PM PDI-1/LA RLEP/SC R-I\\DRP OGC PDI-1\\SC PDI-1\\D NAME PMilano SLittle SLee TWalker by phone AFernadez RLaufer CHolden DATE 09/13/04 09/13/04 9/8/04 09/13/04 09/13/04 09/13/04 09/13/04 OFFICIAL RECORD COPY