ML072610357

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G20070646/LTR-07-0611/EDATS: SECY-2007-0345 - E-Mail Sherwood Martinelli Exemptions to License for Indian Point, Units 2 and 3
ML072610357
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 09/12/2007
From: Martinelli S
Friends United for Sustainable Energy (FUSE)
To: Barkley R, Cameron F, Klein D, Kuo P
NRC/Chairman, NRC/SECY
References
EDATS: SECY-2007-0345, G20070646, LTR-07-0611
Download: ML072610357 (6)


Text

EDO Principal Correspondence Control FROM: DUE: / / EDO CONTROL: G20070646 DOC DT: 09/12/07 FINAL REPLY:

Sherwood Martinelli Peekskill, New York TO:

Chairman Klein FOR SIGNATURE OF : ** GRN ** CRC NO: 07-0611 DESC: ROUTING:

Indian Point (EDATS: SECY-2007-0345) Reyes Virgilio Kane Ash Ordaz Burns DATE: 09/18/07 Collins, RI Cyr, OGC ASSIGNED TO: CONTACT:

NRR Dyer SPECIAL INSTRUCTIONS OR REMARKS:

For Appropriate Action.

EDATS Number: SECY-2007-0345 Source: SECY Gen'era Inomto Assigned To: NRR OEDO Due Date: NONE Other Assignees: SECY Due Date: NONE

Subject:

Indian Point

Description:

CC Routing: Region I; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE I.Ote Inomtn Cross Reference Number: G20070646, LTR-07-061 I Staff Initiated: NO I

Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO Roadmap Item: NO Action Type: Appropriate Action Priority: Medium Sensitivity: None Signature Level: No Signature Required Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions: For Appropriate Action.

Originator Name: Sherwood Martinelli Date of Incoming: 9/12/2007 Originating Organization: Citizens Document Received by SECY Date: 9/17/2007 Addressee: Chairman Klein, et al., Date Response Requested by Originator: NONE Incoming Task Received: E-mail Page 1 of l

OFFICE OF TIlE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed:Sep 17, 2007 09:03 PAPER NUMBER: LTR-07-0611 LOGGING DATE: 09/13/2007 ACTION OFFICE: EDO AUTHOR: Sherwood Martinelli AFFILIATION: NY ADDRESSEE: Dale Klein

SUBJECT:

Exemptions to license for Indian Pt 2 and 3 ACTION: Appropriate DISTRIBUTION: Chairman, Comrs, OGC LETTER DATE: 09/12/2007 ACKNOWLEDGED No SPECIAL HANDLING: Made publicly available in ADAMS via EDO/DPC NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

EDO -- G20070646

Page 1 of I CHAIRMAN - Exemptions to License for IP2 and IP3 From: <RoycePenstinger@aol.com>

To: <ptk@nrc.gov>, <fxc@nrc.gov>, <rsbl@nrc.gov>, <chairman@nrc.gov>

Date: 09/12/2007 9:51 PM

Subject:

Exemptions to License for IP2 and IP3 CC: <Palisadesart@aol.com>

Dear Pao-Tsin Kuo:

According to my read of the 10CFR54 Rules and Regulations, and other sections of the code and NUREG guidance, it is my understanding that Entergy is required to provide as a part of the LRA a full and complete listing of all exemptions they wish to have carried over into the new superceding license should their application for license renewal be approved by the NRC, complete with and analysis or justification for exemption carry over.

Further research, and discussions lead me to believe that exemption can be interpreted to include in exemptions any/all relief provided to the licensee through Generic Letters, Requests for Relief which are granted by the NRC, and exemptions granted through other regulatory processes. Further, either the licensee and/or Entergy or both should have and easily attainable list of these exemptions, as they would be a part of the GDC and/or CLB. (See 54.3)

We have made other requests for the entire CLB which your staff has remained mute on, despite our right to have access to documents necessary for a full review of the LRA as affected stakeholder citizens. Since the CLB (which includes exemptions) is required to be a part of the LRA, we restate our request to be provided same (Current Licensing Basis) in and expedient fashion. If the NRC wants to claim the CLB is a living ever changing document or set of documents, please identify with specificity all documents, Generic Letters and other minutia that comprise the CLB for Indian Point 2 and Indian Point 3, so that we can locate and read said documents on ADAMS (If certain documents comprising the CLB are not currently on ADAMS, we formally request their addition to ADAMS as a part of the documents necessary for adequate citizen review of the LRA for IP2 and IP3. Additionally, since the NRC should have a simple chronological list of the exemptions granted to their licensees (as would be necessary for tracking of the CLB and for enforcement capability), we respectfully request the complete list of exemptions/relief that has been granted to IP2 and IP3 from the filing of their original applications through too today. We further request a full and complete list of the exemptions with analysis that IP2 or IP3 are requesting be carried over into their new superceding license should their LRA after review be approved. (10CFR54)

Lastly, it is our understanding that Entergy has submitted some recent amendments to their license renewal application which we have not been notified about. We respectfully request that both Susan Shapiro and I receive copies of these license renewal application amendments as soon as they are docketed, and be given 60 days to review same, and submit contentions on them. Further, this is to be considered as and ongoing request. Whenever new amendments are submitted to the NRC by Entergy, ENO, Entergy Nuclear Northeast, IP2 LLC or IP2 LLC or other parties for the license renewal application in question, we want immediate copies of the amendment submittals, and a 60 day period inwhich to review same, and submit contentions germane to the amendments. Further, we request copies of any LRA changes that take shape as a result of staff review, including proposed and or agreed upon future commitments too be entered into the new Superceding license, so that we can adequately have a chance to review and submit comments and or contentions on this new information that changes the LRA. Further, we formally request that all amendments or changes as they come in be published in the Federal Registry for comment and review to preserve the publics right to be fully involved in the LRA process.

Finally, we request that Susan Shapiro President of FUSE USA (palisadesart@aol.com) Sherwood Martinelli Vice President of FUSE USA (roycepenstinger@aol.com) be placed on all service lists to which Entergy belongs, or that generate documents related to or affecting Entergy and/or the Indian Point site. This request is germane to the LRA now in process at the NRC...as example, we reference Entergy's recent request for license transfers in the name of company reorganization. Such license transfers in the name of corporate house cleaning could have a dramatic effect on the LRA and provide us with additional contentions on the grounds of newly available and/or changed information/status.

Respectfully Submitted Sherwood Martinelli Vice President FUSE USA 351 Dyckman Peekskill, New York 10566 914 734 1955 See what's new at AOL.com and Make AOL Your Homepage.

file://C:\temp\GW}OO0010.HTM 09/13/2007

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Paqe 1 .I Mail Envelope Properties (46E89734.06C : 5 : 57452)

Subject:

Exemptions to License for IP2 and IP3 Creation Date Wed, Sep 12, 2007 9:49 PM From: <RoycePenstinger(aol.com>

Created By: RoycePenstinger(Oaol.com Recipients nrc.gov OWGWPO02.HQGWDO01 CHAIRMAN nrc.gov kplpo.KPDO RSB1 (Richard Barkley) nrc.gov OWGWPO01.HQGWDO01 FXC (Francis Cameron) nrc.gov OWGWPOO4.HQGWDOOI PTK (Pao-Tsin Kuo) aol.com Palisadesart CC Post Office Route OWGWPO02,HQGWDO01 nrc.gov kplpo.KP DO nrc.gov OWGWPO01 .HQGWDO01 nrc.gov OWGWPO04.HQGWDO01 nrc.gov aol.com Files Size Date & Time MESSAGE 4749 Wednesday, September 12, 2007 9:49 PM TEXT.htm 5936 Mime.822 12470 Options Expiration Date: None Priority: Standard ReplyRequested: No

cAteýP'P\GW)OO00 ..1.TMP cAtemk\GW}QOOO1 TMP Page 2 Return Notification: None Concealed

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