ML072120041
| ML072120041 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/25/2007 |
| From: | Martinelli S - No Known Affiliation |
| To: | Barkley R, Klein D, Kuo P, Neil Sheehan NRC/Chairman, NRC/SECY |
| References | |
| G20070531, LTR-07-0499, LTR-07-0500, LTR-07-0501 | |
| Download: ML072120041 (13) | |
Text
EDO Principal Correspondence Control FROM:
DUE:
/
/
EDO CONTROL: G20070531 DOC DT: 07/25/07 FINAL REPLY:
Sherwood Martinelli Peekskill, New York (Green Nuclear Butterfly)
TO:
Chairman Klein FOR SIGNATURE OF :
- GRN CRC NO: 07-0499 DESC:
ROUTING:
Entergy's Application for License Renewal -
Indian Point Reyes Virgilio Kane Ash Ordaz Cyr/Burns Collins, RI
- Brenner, OPA DATE: 07/30/07 ASSIGNED TO:
NRR CONTACT:
Dyer SPECIAL INSTRUCTIONS OR REMARKS:
Coordinate with OPA, as appropriate.
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Pr-inted: Jul 2 7, 2007 12:48 PAPER NUM\\,BER:
ACTION OFFICE:
LTR-07-0499 EDO LOGGING DATE: 07/26/2007 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Mr. Sherwood Martinelli NY CHRM NRC Chairman Addresses concerns regarding Entergy's application for license renewal Appropriate Chrm, Comrs, OPA, RAS. RF 07/26/2007 No Immediate release to the public via SECY/EDO/DPC NOTES:
FILE LOCATION:
ADAMS DATE DUE:
DATE SIGNED:
EDO -- G20070531
Page 1 of 1 CHAIRMAN - (no subject)
From:
<RoycePenstinger@aol.com>
To:
<rsbl@nrc.gov>, <chairman@nrc.gov>, <ptk@nrc.gov>, <nas@nrc.gov>, <Palisadesart@aol.com>, <judya814@comcast.net>,
<acer8sac@comcast.net>, <garyfromvermont@yahoo.com>
Date:
07/25/2007 9:34 PM
Subject:
(no subject)
Dear NRC:
This letter addresses several issues of great concern regarding Entergy's application for license renewal, and the announcement today that the NRC has decided to accept said application for review, and is giving the public a limited window of opportunity to Request a Hearing, and File A Petition To Intervene. The issues I wish to have addressed are as follows:
- 1. I earlier today contacted Richard Barkley to request certain documents necessary for a complete review of Entergy's application, and prepare our contentions. These documents were requested on the advice of and expert in the nuclear reactor field of which myself, Green Nuclear Butterfly, and FUSE are not prepared to identify at this time. (Contracts still pending.) I was informed by Richard Barkley that these documents, needed to properly present our case, were removed from public access on the NRC (Adams) web site after 9/11, and that it might take some time to figure out how to accommodate our document request. These documents include A) original preliminary PSAR, B) PSAR, C) FSAR, D) UFSAR, and E) the Westinghouse Power Up Rate PSAR. These crucial documents go to the heart of Indian Point 1, 2 and 3s aging management plan, and will prove conclusively one way or another if the licensee is within NRC regulatory compliance, or is capable of being in compliance during the hoped for 20 years of additional operation asked for in the license renewal application.
It is requested, that the time clock stand still, that all pending actions be halted until such time as our group and coalition have been provided full and complete access to these necessary documents. It would be both egregious and nefarious for the NRC to hold our community to a 60 day deadline to file contentions when it is your agency holding up our rightful access to these important documents.
- 2. In the press release today (No.07-091) there seems to be a significant oversight/omission that must be addressed before the NRC publishes this announcement in the Federal Registry. I draw your attention to the following quote from the NRC press release:
The NRC also received letters from the New York State Attorney General, Riverkeeper, and Friends United for Sustainable Energy (FUSE), asserting that Entergy's license renewal application was incomplete or inaccurate. Although the NRC has determined that the application contains sufficient information to docket the application, the staff will consider these comments as appropriate during the technical review process.
I find it more than disturbing that the NRC fails to mention the letters created by, and originated by myself as an individual stakeholder, and as the Chairperson of the Green Nuclear Butterfly wherein I and other co-signers raised significant objections and allegations about the incomplete nature of the Entergy application. To preserve any/all of my future legal rights, feel it imperative to have this omission corrected, so that the NRC is presenting a truthful and honest representation of the facts. It is therefore respectfully requested, that the above paragraph be corrected to include my communications on this very subject. Further, I respectfully request that my letter alleging the applications were wrongfully joined and presented as one singular application are in violation of Federal Laws, and fail to address the very real fact that Indian Point 2 LLC, and Indian Point 3 LLC are two wholly owned independently recognized corporations be included in the press release and Federal Registry to preserve my rights to defend and present this legal issue for consideration.
- 3. Lastly, there are several informational requests pending before the NRC that staff in the relicensing division so far have been extremely remiss in addressing in a timely fashion. There steadfast refusal to cooperate with the stakeholders living in the host community surrounding Indian Point is creating a tremendous interference with our ability to adequately review the Entergy Application, hire experts, and prepare our contentions. For this reason, we are requesting a meeting in the area of Indian Point within the next seven business days to address our concerns, fully clarify any misunderstandings, and reach agreement on the expedient production of, or access to the documents we need.
Respectfully Submitted Though I will be filing a more formal Request For Hearing, and Petition to Intervene within whatever time frame is eventually settled upon, it is stated here for the record, that I Sherwood Martinelli as a stakeholder living less than three miles from Indian Point, on behalf of myself individually, and all those represented under the Green Nuclear Butterfly umbrella am/are requesting a hearing, and protecting my rights for same, and to act as and intervenor.
Sherwood Martinelli 351 Dyckman Street Peekskill, New York 10566 914 734 1955 Get a sneak peek of the all-new AOL.com.
file://C:\\temp\\GW} 00001.HTM 07/26/2007
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Wed, Jul 25, 2007 9:34 PM
<RoycePenstingeryaol.com>
RoycePenstinger(iaol.com Created By:
Recipients nrc.gov kp lpo. KPDO NAS (Neil Sheehan)
RSBI (Richard Barkley) nrc.gov OWGWPOO4.HQGWDOOI PTK (Pao-Tsin Kuo) nrc.gov OWGWPOO2.HQGWDOOI CHAIRMAN yahoo.corn garyfromvermont comcast.net acer8sac judya814 aol.com Palisadesart Post Office kp 1_po.KPDO OWGWPOO4.HQGWDOO1 OWGWPOO2.HQGWDOO1 Files MESSAGE TEXT.htrn Mime.822 Route nrc.gov nrc.gov nrc.gov yahoo.com corncast.net aol.corn Size 5162 6263 13603 Date & Time Wednesday, July 25, 2007 9:34 PM
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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Jul 27, 2007 12:48 PAPER NUMBER:
ACTION OFFICE:
LTR-07-0500 EDO LOGGING DATE: 07/26/2007 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Mr. Sherwood Martinelli NY CHRM NRC Chairman Concerns This Thursday 4-26! NRC's Indian Point Annual Basement Public Meeting Appropriate Chrm, Comrs, RF 07/25/2007 No Immediate release to the public via SECY/EDO/DPC NOTES:
FILE LOCATION:
ADAMS DATE DUE:
DATE SIGNED:
Page 1 of I CHAIRMAN - Re: This Thursday 4-26 ! NRC's Indian Point Annual Basement Public Meeting From:
<RoycePenstinger@aol.com>
To:
<RSB1@nrc.gov>, <kenokin@verizon.net>, <acer8sac@comcast.net>, <garyfromvermont@yahoo.com>, <chairman@nrc.gov>,
<deb@nukebusters.org>
Date:
07/25/2007 9:46 PM
Subject:
Re: This Thursday 4-26 ! NRC's Indian Point Annual Basement Public Meeting CC:
<fuse@yahoo.com>
Dear Richard:
I find it rather disconcerting that yourself, and the NRC seem bent on omitting both myself, and Green Nuclear Butterfly. First, is this letter... I raised both individually, and as Chair of Green Nuclear Butterfly many of the contentions that were also raised by FUSE, Riverkeeper, and even the State Attorney General's Office. I feel it imperative that this omission/slight be corrected before the announcement is released in the Federal Registry. As example, I share with you a paragraph from today's press release:
The NRC also received letters from the New York State Attorney General, Riverkeeper, and Friends United for Sustainable Energy (FUSE), asserting that Entergy's license renewal application was incomplete or inaccurate. Although the NRC has determined that the application contains sufficient information to docket the application, the staff will consider these comments as appropriate during the technical review process.
Though many of us are working together on the Entergy License Renewal Application, we each on certain issues have our own agenda, as well as our own stakeholder rights that must be preserved. As both you and the NRC are well aware, I and the Green Nuclear Butterfly have been either directly and/or indirectly involved in many of the documents flooding into the NRC. To preserve my and my organizations rights, I respectfully request that the record, and Federal Registry Notice be changed to adequately show my own assertions and allegations as relates to the incompleteness of Entergy's application, as well as the fraud perpetuated therein.
I would ask for and expedited decision by NRC and the commission on this request, so if necessary I can appeal same in a timely fashion in my efforts to preserve my and my organization (and those we represent) rights to redress and due process of law.
Sherwood Martinelli 351 Dyckman Street Peekskill, New York 10566 914 734 1955 Get a sneak peek of the all-new AOL.com.
file://C:\\ternp\\GW} 00001.HTM 07/26/2007
c:\\tem p\\6W)00003.TM P 0 MPage 1]
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Re: This Thursday 4-26 ! NRC's Indian Point Annual Basement Public Wed, Jul 25, 2007 9:45 PM
<RovcePenstinger(.aol.com>
RoycePenstinger(Zi~aol.comn Recipients nrc.gov OWGWPOO2.HQGWDOO1 CHAIRMAN nrc.gov kplpo.KPDO RSBI (Richard Barkley) yahoo.com fuse CC garyfromvenront nukebusters.org deb comcast.net acer8sac venzon.net kenokin Post Office OWGWPOO2.HQGWDOOI kplpo.KPDO Route nrc.gov nrc.gov yahoo.com nukebusters.org comcast.net verizon.net Files MESSAGE TEXT.htrn Mime.822 Size 2118 3062 7055 Date & Time Wednesday, July 25, 2007 9:45 PM
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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Jul 27, 2007 12:48 PAPER NUMBER:
ACTION OFFICE:
LTR-07-0501 EDO LOGGING DATE: 07/26/2007 AUTHOR:
AFFILIATION:
ADDRESSEE:
Mr. Sherwood Martinelli NY CHRMI NRC Chairman
SUBJECT:
Concerns formal request lbr date change of September 2007 public meeting ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Appropriate Chrm, Comrs. RF 07/25/2007 No NOTES:
FILE LOCATION:
ADAMS DATE DUE:
DATE SIGNED:
Page ] of I CHAIRMAN - Formal Request For Date Change of September 2007 Public Meeting From:
<RoycePenstinger@aol.com>
To:
<RoycePenstinger@aol.com>, <rsbl@nrc.gov>, <chairman@nrc.gov>, <ptk@nrc.gov>, <nas@nrc.gov>,
<Palisadesart@aol.com>, <judya814@comcast.net>, <acer8sac@comcast.net>, <garyfromvermont@yahoo.com>,
<arb@nrc.gov>
Date:
07/25/2007 11:28 PM
Subject:
Formal Request For Date Change of September 2007 Public Meeting To: Chairman's Office, NRC Richard Barkley Dr. Pao-Tsin Kuo This letter is a formal request for a postponement of the September Scoping Meeting outlined in the NRC's relicensing schedule laid out for the benefit of Entergy. As a stakeholder living within 3 miles of the Indian Point reactors (1, 2 and 3), I've worked diligently at the task of exercising my constitutional rights, as well as those few abridged rights still afforded by the NRC. Since April 30th when it was announced that Entergy had officially filed its application for license renewal, I have taken all necessary steps to secure and read well in excess of 10,000 pages of documents which are necessary to fully and completely understand Energy's application. Simply put, the task is a monumental one, and it is made more daunting by difficulties being presented to us from federal agencies, including the NRC and DOE.
Certain crucial documents FOIA ed from the DOE have been supplied to us within the last week. However, we have been informed that other documents necessary for our critique of Entergy's application will not be delivered before October 27th of this year. Unlike Entergy, the New York State Attorney General's Office, and even Riverkeeper, most stakeholder citizens do not have staff, do not have a budget, which puts us (we believe deliberately so) at a distinct disadvantage in protecting our rights, and meeting a very tight schedule that the NRC wants to adhere too. If, as the NRC would have us believe, their first duty is human health and safety, and if as the NRC would have us believe, they want all stakeholders treated fairly, and kept on equal footing, the schedule as currently envisioned must be changed to accommodate the reality that most affected citizen stakeholders have to live within (jobs, children, family, no funding, no budget, no staff).
It will be extremely difficult, if not impossible to complete a Petition to Intervene (Complete with supported contentions.) and the Request for hearing by the October 1st deadline established in this matter. Scheduling a public meeting on the Environmental Scoping issues during this limited 60 day window creates and unfair hardship on citizen stakeholders living within 25 miles of the Indian Point Facility. Further, certain information we/I need in presenting my/our own concerns at the public meeting/hearing are not going to be available for review and dissemination until October 27, 2007 (at the earliest). In short, crucial documents needed for presentation of our environmental concerns at this public meeting will not arrive in our hands until 38 days AFTER THE MEETING HAS BEEN HELD if the date is not changed.
For this reason, it is respectfully requested herein, that the NRC move back all envisioned and scheduled dates in the Entergy License Renewal Application process for a period of 90 days. This gives citizens stakeholders adequate opportunity to complete PENDING FOIA requests, gives NRC staff adequate time to complete and fulfill promises made to us at a meeting held earlier this summer, and allows us adequate time to review documents once we have them in hand.
Sherwood Martinelli Green Nuclear butterfly 351 Dyckman Street Peekskill, New York 10566 914 734 1955 Get a sneak peek of the all-new AOL.com.
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Formal Request For Date Change of September 2007 Public Meeting Wed, Jul 25, 2007 11:27 PM
<RoycePenstin,era(aol.com>
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NAS (Neil Sheehan)
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