ML072060393

Ltr. Michael Kaplowitz Re Incompleteness and Inaccurate License Renewal Application for Indian Point Energy Center, Units 2 and 3

ML072060393
Person / Time
Site:	Indian Point
Issue date:	07/25/2007
From:	Kuo P NRC/NRR/ADRO/DLR
To:	Shapiro S Rockland Friends United for Sustainable Energy (FUSE)
Pham B, NRR/DLR/REBB, 415-8450
Shared Package
ML072060386	List: ML072060393
References
Download: ML072060393 (7)

Text

July 25, 2007Ms. Susan Shapiro, Esq.

FUSE 21 Perlman Drive Spring Valley, New York 10977

Dear Ms. Shapiro:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letterdated June 26, 2007, regarding the license renewal application (LRA) for Indian Point Nuclear Generating Unit Nos. 2 and 3, submitted by Entergy Nuclear Operations, Inc. on April 23, 2007.

In your letter, you stated your view that the LRA is inaccurate and incomplete with respect to information regarding the environmental impacts of refurbishment and terrorism. You also requested that, in performing its review of the application's acceptability for docketing, the NRC reject the application due to the applicant's failure to disclose this information. The NRC staff has carefully considered the concerns raised in your letter with respect torefurbishment during our acceptance review. The applicant stated in its environmental report (ER) that there are no refurbishment activities required for the license renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3. While we understand your concern that the information in the ER is not complete, the staff has determined that Entergy has submitted sufficient information in accordance with 10 CFR Sections 51.45 and 51.53(c) to enable the staff to undertake a review of the application, and that the application is therefore acceptable for docketing. The staff's acceptance determination does not constitute a determination that a renewed license should be issued, and does not preclude the staff from submitting such requests for additional information as the staff may determine are appropriate or necessary, as its review proceeds. As you may know, the staff's environmental review process involves an environmental site audit and affords the staff the opportunity to request an applicant to submit additional information to supplement the ER, as necessary. The information presented in your letter regarding refurbishment will be considered further by the staff during its review of the application, and will be considered, as appropriate, as a scoping comment during the staff's preparation of an environmental impact statement.With respect to your comments regarding the need for consideration of terrorism, theCommission reaffirmed its position on this issue in a recent Memorandum and Order, "Amergen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station), CLI-07-8, 65 NRC 124 (Feb. 26, 2007). There, the Commission concluded, in part, that "NEPA does not require the NRC to consider the environmental consequences of hypothetical terrorist attacks on NRC-licensed facilities" (65 NRC at 129).

S. Shapiro- 2 -In conclusion, I wish to assure you that I understand the concerns raised in your letter and thatthe NRC staff has considered the applicability of your comments in determining whether the Indian Point license renewal application is acceptable for review. The staff will further consider your comments, to the extent that they are relevant to license renewal, during the course of its review of the license renewal application. Your early participation in the NRC review process is appreciated. Sincerely,/RA/P. T. Kuo, DirectorDivision of License Renewal Office of Nuclear Reactor Regulationcc: See next page S. Shapiro- 2 -In conclusion, I wish to assure you that I understand the concerns raised in your letter and thatthe NRC staff has considered the applicability of your comments in determining whether the Indian Point license renewal application is acceptable for review. The staff will further consider your comments, to the extent that they are relevant to license renewal, during the course of its review of the license renewal application. Your early participation in the NRC review process is appreciated. Sincerely,/RA/P. T. Kuo, DirectorDivision of License Renewal Office of Nuclear Reactor Regulationcc: See next pageAdams Accession: Pkg: ML072060386; Incoming: ML071990093; Response: ML072060393C:\FileNet\ML072060393.wpdOFFICELA:NRR:DLRPM:REBB:DLROGCBC:REBB:DLR D:DLR NAMESFigueroaBPhamSTurkRFranovichPTKuoDATE 07/24/0707/25/0707/25/0707/25/0707/25/07OFFICIAL RECORD COPY Letter to S. Shapiro from P. T. Kuo, dated July 25, 2007

SUBJECT:

RESPONSE LETTER TO S. SHAPIRODISTRIBUTION

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BPham RFranovich Kgreen JCaverly RAuluck MKowal JBoska ECobey, RI GMeyer, RI MMcLaughlin, RI NMcNamara, RI RBarkley, RI GBowman, RI CHott, RI RConte, RI MCox, RI DJackson, RI BWittick, RI NSheehan, RI OPA DScrenci, RI OPA SBurnell, OPA DMcIntyre, OPA RShane, OCA UShoop, OEDO cc:Michael KaplowitzWestchester County Legislature 148 Martine Avenue White Plains, NY 10601Sherwood MartinelliGreen Nuclear Butterfly 351 Dyckman Street Peekskill, NY 10566Michel Lee265 Madison Road Scarsdale, NY 10583Margo SchepartWestchester Citizens Awareness Network 2651 Broadview Drive Yorktown Heights, NY 10598Gary Shaw9 Van Cortlandt Place Croton on Hudson, NY 10520Maureen Ritter46 Campbell Avenue Suffern, NY 10901Peggy Kurtz220 Foss Drive Nyack, NY 10960Kenneth Okin570 Scarborough Road Briarcliff Manor, NY 10510Elaine Robbins Okin570 Scarborough Rd Briarcliff Manor, NY 10510Maria Cudequest84 Grand St Croton on Hudson, NY 10520Mark Jacobs46 Highland Drive Garrison, NY 10524 Dan Doniger53 W. 111 th Street, Apt. 4W New York, NY 10026Laurie Taylor-Williams609 Columbus Avenue, Apt. 2A New York, NY 10024Peter Strong8 Ackerman Avenue Airmont, New York 10901Polly Midgley855 Sleepy Hollow Road Briarcliff, NY 10510Lyn Borek8 Andrew Drive Chestnut Ridge, NY 10952Linda Petros-Gouin21 Home Tooke Road Palisades, NY 10964Nancy Kochanowicz29 Van Wyck St.

Croton on Hudson, NY 10520Christine Puente31 Battery Place Crugers, NY 10521Ann Harbeson5 Valley Trail Croton on Hudson, NY 10520John Harbeson5 Valley Trail Croton on Hudson, NY 10520Cheri Morreale39 Pamela Road Cortlandt Manor, NY 10567Elizabeth Helbraun180 Garfield place Brooklyn, NY 11215