ML063100364

Approval of Emergency Plan Change (TAC Nos. MD2400 and MD2401)

ML063100364
Person / Time
Site:	Indian Point
Issue date:	11/09/2006
From:	Boska J NRC/NRR/ADRO/DORL/LPLA
To:	Kansler M Entergy Nuclear Operations
Boska J, NRR, 301-415-2901
References
EA-05-190, TAC MD2400, TAC MD2401
Download: ML063100364 (7)

Text

November 9, 2006 Mr. Michael R. Kansler President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 - APPROVAL OF EMERGENCY PLAN CHANGE (TAC NOS. MD2400 AND MD2401)

Dear Mr. Kansler:

By letter dated May 31, 2006 (Agencywide Documents Access and Management System (ADAMS) accession number ML061590377), Entergy Nuclear Operations, Inc. (Entergy) submitted a proposed change to the Indian Point Energy Center emergency plan. This change was submitted in response to the Energy Policy Act of 2005 and the subsequent Confirmatory Order EA-05-190 issued to Entergy by the Nuclear Regulatory Commission (NRC) on January 31, 2006 (ADAMS accession number ML060090429).Section IV.II.C.2 of the Order required Entergy to submit a proposed change to its emergency response plan to incorporate the implementation of certain items in the Order.

Entergy's proposed change revises a portion of the emergency plan pertaining to notification of the public. This change includes language that supports the requirements detailed in the Confirmatory Order regarding backup power in the event that the normal alternating current supply is lost for the emergency notification system (sirens) in the 10-mile emergency planning zone of the power plant. The NRC has concluded that the proposed change meets the requirements of Confirmatory Order EA-05-190 and is acceptable, contingent upon inclusion of the appropriate number of sirens as documented in the Department of Homeland Security's approval of the design report. The basis for our conclusion is contained in the enclosed safety evaluation.

Please contact me at (301) 415-2901 if you have any questions on this issue.

Sincerely,

/RA/

John P. Boska, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286

Enclosure:

As stated cc w/encl: See next page

ML063100364 *See SE dated 10/3/06 OFFICE LPL1-1/PM LPL1-1/LA NSIR/ICB/BC LPL1-1/BC NAME JBoska SLittle EWeiss* RLaufer DATE 11/09/06 11/09/06 10/3/06 11/09/06 DATED: November 9, 2006 INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 - APPROVAL OF EMERGENCY PLAN CHANGE (TAC NOS. MD2400 AND MD2401)

PUBLIC RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsOGCMailCenter LPL1-1 Reading File RidsNrrLASLittle RidsAcrsAcnwMailCenter RKahler ECobey, RI RSchmitt EWeiss JBoska

Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Mr. Gary J. Taylor Ms. Charlene D. Faison Chief Executive Officer Manager, Licensing Entergy Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. Michael J. Columb Senior Vice President and Director of Oversight Chief Operating Officer Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. James Comiotes Mr. Fred R. Dacimo Director, Nuclear Safety Assurance Site Vice President Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. Indian Point Energy Center Indian Point Energy Center 450 Broadway, GSB 450 Broadway, GSB P.O. Box 249 P.O. Box 249 Buchanan, NY 10511-0249 Buchanan, NY 10511-0249 Mr. Patric Conroy Mr. Paul Rubin Manager, Licensing General Manager, Plant Operations Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. Indian Point Energy Center Indian Point Energy Center 450 Broadway, GSB 450 Broadway P. O. Box 249 P.O. Box 249 Buchanan, NY 10511-0249 Buchanan, NY 10511-0249 Assistant General Counsel Mr. Oscar Limpias Entergy Nuclear Operations, Inc.

Vice President Engineering 440 Hamilton Avenue Entergy Nuclear Operations, Inc. White Plains, NY 10601 440 Hamilton Avenue White Plains, NY 10601 Mr. Peter R. Smith, President New York State Energy, Research, and Mr. Christopher Schwarz Development Authority Vice President, Operations Support 17 Columbia Circle Entergy Nuclear Operations, Inc. Albany, NY 12203-6399 440 Hamilton Avenue White Plains, NY 10601 Mr. Paul Eddy New York State Department Mr. John F. McCann of Public Service Director, Licensing 3 Empire State Plaza Entergy Nuclear Operations, Inc. Albany, NY 12223 440 Hamilton Avenue White Plains, NY 10601

Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Regional Administrator, Region I Mr. William T. Russell U.S. Nuclear Regulatory Commission PWR SRC Consultant 475 Allendale Road 400 Plantation Lane King of Prussia, PA 19406 Stevensville, MD 21666-3232 Senior Resident Inspectors Office Mr. Jim Riccio Indian Point 2 Greenpeace U. S. Nuclear Regulatory Commission 702 H Street, NW P.O. Box 59 Suite 300 Buchanan, NY 10511 Washington, DC 20001 Senior Resident Inspectors Office Mr. Phillip Musegaas Indian Point 3 Riverkeeper, Inc.

U. S. Nuclear Regulatory Commission 828 South Broadway P.O. Box 59 Tarrytown, NY 10591 Buchanan, NY 10511 Mr. Mark Jacobs Mr. Charles Donaldson, Esquire IPSEC Assistant Attorney General 46 Highland Drive New York Department of Law Garrison, NY 10524 120 Broadway New York, NY 10271 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. Raymond L. Albanese Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532 Mr. William DiProfio PWR SRC Consultant 139 Depot Road East Kingston, NH 03827 Mr. Garry Randolph PWR SRC Consultant 1750 Ben Franklin Drive, 7E Sarasota, FL 34236

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE RELATED TO A REVISION OF THE EMERGENCY PLAN INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NOS. 50-247 AND 50-286

1.0 INTRODUCTION

By letter dated May 31, 2006 (Reference 1), Entergy Nuclear Operations, Inc. (Entergy) submitted a proposed change to the Indian Point Energy Center (Indian Point) emergency plan.

This change was submitted in response to the Energy Policy Act of 2005 and the subsequent Confirmatory Order, EA-05-190,Section IV.II.C.2, dated January 31, 2006 (Reference 2).

The proposed change would revise the portion of the emergency plan pertaining to notification of the public. This change includes language that incorporates the requirements detailed in the Confirmatory Order regarding backup power in the event that the normal alternating current supply is lost for the emergency notification system (sirens) in the 10-mile emergency planning zone of the power plant.

2.0 REGULATORY EVALUATION

The Nuclear Regulatory Commission (NRC) staff reviewed the proposed revision against the applicable requirements of Confirmatory Order EA-05-190. EA-05-190 states in Section IV.II.C.2, The Licensee shall submit a proposed revision to its emergency response plan to incorporate the implementation of items A.1 - A.6, B.1 - B.3, and C.4 - C.5. This plan shall be submitted to the NRC for review and approval within 120 days from the issuance of the Order.

Section IV.V of the order describes the method by which the licensee can make changes to their emergency plan with respect to the requirements of the order. As stated in Section IV.V of the Confirmatory Order:

The Licensee may use the criteria contained in 10 CFR 50.54(q) to make changes to the requirements contained in this Order without prior NRC approval provided that they do not reduce the effectiveness of the Order requirements or the approved emergency plan. The Licensee shall notify, in writing, the NRC Document Control Desk, with a copy to the Director, Division of Preparedness and Response, Office of Nuclear Security and Incident Response, 30 days in advance of implementing such a change. For other changes, the Licensee may submit a request, in writing, to the NRC Document Control

Desk, with a copy to the Director, Office of Nuclear Reactor Regulation, to relax or rescind any of the above requirements upon a showing of good cause by the Licensee.

3.0 TECHNICAL EVALUATION

In accordance with Confirmatory Order EA-05-190, the licensee was required to submit a revision to its emergency response plan to incorporate the implementation of items A.1 - A.6, B.1 - B.3, and C.4 - C.5.

The NRC staff reviewed the licensees proposed emergency plan revision as submitted by letter dated May 31, 2006 (Reference 1). The emergency plan revision adequately incorporates the implementation of items A.1 - A.6, B.1 - B.3, and C.4 - C.5 by including references to these specific sections of the Order. The licensees revision also includes updated information regarding the complete scheme for public alerting (including sirens, the Radiological Emergency Communications System phone, and route alerting), siren activation, and periodic testing. The NRC staff finds these proposed changes acceptable.

The proposed revision also includes language describing the number of sirens in the system design as TBD (to be determined). The NRC staff is not approving an undetermined number of sirens in the system design. As noted in the proposed revision, the final siren count is based upon, and will be in accordance with, the Department of Homeland Securitys (DHS) approved design report. The NRC staff will accept the number of sirens that DHS deems acceptable in the approved design report as the appropriate values to be included in the Indian Point emergency plan.

4.0 CONCLUSION

The NRC staff performed a review of the proposed change to the Indian Point emergency plan as described in Reference 1 and determined that it meets the requirements of Confirmatory Order EA-05-190. As such, the proposed change to the Indian Point emergency plan is acceptable contingent upon the inclusion of the number of sirens, as documented in the DHS approved design report.

5.0 REFERENCES

1. Letter dated May 31, 2006, Proposed Revision to Emergency Response Plan for Implementation of Indian Point Emergency Notification System from Entergy Nuclear Operations, Inc. ADAMS Accession No. ML061590377.

2. EA-05-190, Confirmatory Order, dated January 31, 2006. ADAMS Accession No. ML060090429.

Principal Contributor: Nathan T. Sanfilippo Date: November 9, 2006