ML071940274
| ML071940274 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/01/2007 |
| From: | Kuo P NRC/NRR/ADRO/DLR |
| To: | Greene M Hudson River Sloop Clearwater |
| Caverly J, PM, DLR/REBB - 415-6699 | |
| Shared Package | |
| ML072140400 | List: |
| References | |
| TAC MD5934, TAC MD5935, Y020070156 | |
| Download: ML071940274 (5) | |
Text
August 1, 2007 Manna Jo Greene Hudson River Sloop Clearwater, Inc.
112 Little Market Street Poughkeepsie, NY 12601
Dear Ms. Greene:
On behalf of the U.S. Nuclear Regulatory Commission (NRC or the Commission), I would like to acknowledge your submittal of a petition at our June 27, 2007, public meeting in Cortlandt Manor, New York, concerning the license renewal application (LRA) for Indian Point Nuclear Generating Units Nos. 2 and 3 (Indian Point). Your petition, entitled, 2007 Petition Regarding the Relicensing of Indian Point, contained approximately 5,000 signatures.
In your petition, you requested the NRC to require that the following conditions (italicized and in bold) be included in evaluating Entergy's application to relicense Indian Point. In addition, your petition requested that Governor Eliot Spitzer and New York State Attorney General Andrew Cuomo use the full power of their offices to ensure that these conditions be met in order to protect the public health and safety. The issues brought forth in your letter are those that have been previously considered by the Commission, or those currently being addressed as part of the NRCs on-going oversight program, as explained below.
Delineation and remediation of the ongoing radioactive leaks from Indian Point into the groundwater and the Hudson River be completed The NRC staff learned of the potential leakage in September 2005. A Special Inspection was performed by the staff, and the results of that inspection were published in March 2006; a copy of that inspection report is attached. A public meeting on this subject was held on March 28, 2006, discussing the results of that inspection and Entergys site characterization work.
Since the Fall of 2005, Entergy has conducted an extensive characterization of the site to fully understand the extent of the contamination and its sources. The NRC and the State of New York have closely followed Entergys sampling of characterization wells onsite and offsite, and independently tested numerous water samples. Entergy oversees a program for monitoring and controlling radiological releases to the environment. This program is regularly inspected by the NRC through its Reactor Oversight Program (ROP). Based on the information gathered by the NRC and Entergy since September 2005, the Technical Specification effluent release limits imposed on Indian Point do not appear to have been approached due to this groundwater contamination. Estimates of the radiation dose consequences from this contaminated groundwater were included in the Indian Point 2005 and 2006 Annual Effluent reports to the NRC, which are accessible on the NRCs Agencywide Documents Access and Management System (ADAMS). Monitoring of this groundwater contamination continues to be a priority for the NRC staff. We will continue to inspect and assess this situation under Indian Points current ROP.
M. Greene The plant's emergency evacuation plans be evaluated using the same criteria as an original application-including current population density-as specified in the proposed Congressional legislation, the Nuclear Power Licensing Reform Act of 2007 The Commission has previously considered this issue during its review of petitions for rulemaking submitted under PRM-54-02 and PRM-54-03, which had requested that the NRC amend its regulations to evaluate emergency preparedness (EP), among other things, during the license renewal process using the same criteria as an original licensing application. The NRC denied the petitions (71 FR 74857) because they both raised issues that the Commission had considered at length in developing the license renewal rule, as codified in Part 54 of Title 10 of the Code of Federal Regulations (10 CFR). Specifically, the Commission determined that EP need not be reviewed again for license renewal, since current requirements applicable to operating reactors, set forth in 10 CFR Part 50, including periodic update requirements, provide reasonable assurance that an adequate level of EP exists at any operating reactor.
The Commission explained that:
Through its standards and required exercises, the Commission ensures that existing plans are adequate throughout the life of any plant even in the face of changing demographics and other site-related factors. Thus, these drills, performance criteria, and independent evaluations provide a process to ensure continued adequacy of emergency preparedness in light of changes in site characteristics that may occur during the term of the existing operating license, such as transportation systems and demographics. (56 FR 64966)
The Commission reaffirmed its determination on emergency planning in its May 8, 1995, amendment of the license renewal regulations (60 FR 22468). The requirements of 10 CFR 50.47 and Appendix E to Part 50 are independent of the requested renewal of the operating license, and continue to apply during any license renewal term. The NRCs ROP monitors the continued adequacy of a licensees EP program. In addition, licensees must also review the facilitys EP program periodically, including working with state and local governments, and have biennial exercises with offsite authorities.
A full Independent Safety Assessment (ISA) be performed, as specified in the Congressional legislation proposed above, which requires that problems discovered during this inspection be reported and corrected prior to relicensing The NRC staff understands your desire for an independent, thorough and objective inspection.
As such, it is important to point out that the NRC itself is an independent regulatory agency established by Congress to protect public safety and the environment. The NRC routinely conducts detailed, objective inspections and assessments under the ROP at all operating reactor facilities. The ROP requires that inspections be performed on a continuous basis in seven fundamental areas to measure plant performance and ensure safe plant operation.
As you may be aware, legislators at various levels of government have also requested an objective and independent safety inspection for Indian Point as part of the license renewal process, modeled after an ISA performed at Maine Yankee Nuclear Power Plant (Marine
M. Greene Yankee) in 1996. The NRCs position on an ISA for Indian Point remains that the Maine Yankee-type ISA was a unique, one-time review and that such an inspection is unwarranted at Indian Point. The Commission recently affirmed this position in a letter dated February 15, 2007, in response to a letter from Congressman Hinchey and others (ADAMS accession no.
ML063520507). In that letter, the Commission also noted that the ROP, as currently implemented, effectively incorporates the inspection elements of the Maine Yankee ISA.
Further, the ROP provides better oversight than an ISA since an ISA is a one-time, snapshot inspection whereas the ROP provides continual evaluation. In the same letter, the Commission similarly provided a detailed comparison between the ROP and the Maine Yankee ISA, and indicated that it remains convinced that Indian Point is undergoing the appropriate level of inspection scrutiny pursuant to the ROP.
Comprehensive consideration of the risks posed by a terrorist attack on Indian Point, including those presented by a spent fuel pool fire In its regulatory role, the NRC considers acts of terrorism as they relate to plant security.
Requirements for plant security are established in 10 CFR Part 73, Physical Protection of Plants and Materials, and are continuously monitored under the on-going regulatory process.
Like emergency planning issues, security matters for operating reactors are covered by current review and update requirements, and thus, are not duplicated under the license renewal process. The Commission specifically addressed physical security considerations in the license renewal process in its 1991 final rule. There, it stated that:
Licensees must establish and maintain a system for the physical protection of plants and materials, in accordance with 10 CFR Part 73, to protect the plant from acts of radiological sabotage and prevent the theft of special nuclear material.
Application for a renewed license will not affect the standards for physical protection required by the NRC. The level of protection will be maintained during the renewal term in the same manner as during the original license term, since these requirements remain in effect during the renewal term by the language of
§ 54.35. The requirements of 10 CFR part 73 will continue to be reviewed and changed to incorporate new information, as necessary. The NRC will continue to ensure compliance of all licensees, whether operating under an original license or a renewed one, through ongoing inspections and reviews. Therefore, the Commission concludes that a review of the adequacy of existing security plans is not necessary as part of the license renewal review process. (56 FR 64967)
The Commission has determined that terrorism need not be considered in environmental impact statements prepared for NRC-licensed facilities under the National Environmental Policy Act (NEPA). The Commission reiterated its view in Amergen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station), CLI-07-8, 65 NRC 124, 129 (Feb. 26, 2007), stating, in part, that NEPA does not require the NRC to consider the environmental consequences of hypothetical terrorist attacks on NRC-licensed facilities.
M. Greene I hope this letter is responsive to your concerns regarding the Indian Point license renewal application. I would like to assure you that the Indian Point LRA will be carefully reviewed by the NRC to ensure adequate protection of public health and safety and the environment. Thank you for your interest in the license renewal process.
Sincerely,
/RA/
Pao-Tsin Kuo, Director Division of License Renewal Office of Nuclear Reactor Regulation
Enclosure:
Special Inspection Report
ML072140400 (Pkg); ML071940274(Response);
ML060750842 (Enclosure); ML071860422 (Incoming)
OFFICE PM:REBB:DLR LA:NRR:DLR OGC BC:REBB:DLR D:DLR NAME BPham for JCaverly YEdmonds STurk REmch for RFranovich PTKuo DATE 07/31/07 07/18/07 07/30/07 07/31/07 08/01/07