ML072620502

Request for Extension of Time to File for Hearing Request, Submitted by Dr. Lisa Rainwater, Riverkeeper Policy Director

ML072620502
Person / Time
Site:	Indian Point
Issue date:	09/14/2007
From:	Rainwater L Riverkeeper
To:	Annette Vietti-Cook NRC/SECY
SECY RAS
References
Download: ML072620502 (2)

Text

RIVE~KEEPER September 14,2007 Office of the Secretary Annette L. Yietti-Cook, Secretary U.S. Nuclear Regulatory Commission One White Flint North 11:?55 Rockville Pike Rockville," Maryland '20852-2738 VIA FACSIMILE AND ELECTRONIC MAIL Re: Request to Commissioll'for 60-day extension of time to file hearing requests and petitions to intervene \ in Indian

" Point license I renewal proceeding, Docket Nos. 50-247 and.50-286.

Dear Secretary Vietti-Cook:

Riverkeeper respectfully requests a 60-day extension ,in which'to file, a hearing request and petition to intervene in the above-referenced license renewal proceeding. Riyerkeeper also supports the recent extension requests filed by the New York State Department of Environmental Conservation (DEe) and f.our wembers of New York's Congressional delegation.! Indian Point's license renewal application was filed on April 23, 2007 and docketed for review on August 1,2007. (See 72 FR 42134, Augu~t 1,2007).

According to NRC guidelines regarding the computation of time, petitions to intervene and hearing ',-

requests must be received by October 1, 2007, Riverkeeper understands thatthe Commission p.as considerable~iscretion to either grant or deny these types of requests. We therefore urge the Commission in the strongest terms to carefully consider the circumstances which gave rise to these requests, and grant the extension of time for all parties to prepare for this proceed.ing ..

Our goal in participating in this proceeding is to ensure that our members, the citizens of N ew York and the general public are provided all the facts regarding the future operation of Indian Point in a proceeding that is transparent, informative and based on accurate and credible scientific and legal grounds. The full participation of the New YorkState DEC is critical in this respect; given the DEC Staff's scientific and envirorirnental expertise. Due to an unforeseen emergency, the lead counsel for DEC was unable to

, continue coordinating thest-ate's response for over a week, resulting in 'significant delay in the agency's preparations. On this basis alone, the Conimission would be well justified in granting an extension of time. Furthermore, postponing the filing deadline until November 30, 2007 would not prejudice Entergy's rights in this proceeding, nor would it add significantly to a review process that the NRC estimates will last two to three years." '~ '

1September 11, 2007 letter from Alison Crocker, DEC General Counsel to NRC Chairman DaleXlein requesting 60-day filing extension, and September 7, 2007 'letter from Congresswoman Nita M. Lowey and bongressmen Eliot Engel, Maurice Hinchey and John Hall to Chairman Klein requesting 60-day extension for intervenor petitions.

8'28 Sout,h B'roadway, Tarrytown, NY 1°591

• 914.478.4501

• f: 914-478..4527

• www.riverkeeper.org I~:.!~

FOUNDING MEMBER Printed on recycled paper

There are additional factors that mi,tigate for the granting of this request. As the Congressional Representatives stated in their letter, ongoing concerns over the safe operation of IP2 arid.3, new information regarding potential sources of the spent fuel pool leaks; and the unending series.of delays implementing the new siren system all require significant time and attention from both state officials and stakeholder groups such as Riverkeeper, which has been involved in the siren issue sinCe(filing a §2.206 petition with NRC in 2005 ..

~ addition; the Journal'News reported on Friday; September 7,,2007 that Entergy workers had discovered a "pinhole" leak in the,IP2 fuel transfer canal, possibly confinuing the existence of an ongoing leak froni that reactor' s spent fuel pool. This is iinportant new information that bears directly on an issue that' is within the scope oflicense renewal. Entergy included an assessment of the environmental impacts of these leaks in their Environmental Report that relied onJheir assertion that theIP2 pool had not actually i

leaked since 992~ In addition; the spent fuel pools are passive structures that fall within the scope of EIitergy's aging management program for license renewal. 'It would be far more efficient for the Commission to allow additional time at the beginning of this proceeding for petitioners to. evaluate this

, information, rather than requiring

-'. it to be introduced I later as',- a new or amended _contention

' __ after \the petitions have been submitted. Such a requirement would doubtless result in additional* administrative litigation and delay.

Finally, the difficulty of obtaining documents from the NRC's ADAMS database in a timely or efficient

, manner is well known to bothNRC Staff, state officials and stakeholder groups. Since Entergy's application for Indian Poin~ has become available, the ADAMS database has experienced numerous,'

repeated problems, ranging from co¢plete inoperability to displaying 1in19>to .pdf documents that could

, not be opened or downloaded. While the NRC's Public Document Room staffis very helpful, there were instances where key documents could not be found at all. (See Riverkeeper's letter of Ju)y 26,2007 to the Commission regarding the unavailability ofNRC documents). These partjcular iticidents were '

experienced by attorneys who are relatively well versed in the use ofthe ADAMS database. For an interested member of the general public who lacks the time or expertise to navigate through tp.esl?

difficulties1 an extens,ionoftime can mean the differencebetweenwell7informed, accurate public '

particjp~tion and public feel;ibackbased on mistrust and frustration with the NRC's information sharing processes.

I urge you to consider these comments when deciding whether to grant this' request, and to remember that the licens renewal review of l.'ldianPoint presents au..,'liqueopportunity for the NRC tQ ~onduct a procceqirig with the utmost att~ntion to transparency and impartiality. Doing so will increase public ,

confidence in,the r~licensing process. The high level of public scrutiny surrounding Indian Point's

'continued operation demandstliat the NRCprovide New York State, stakehoider groups 'and the public with every opportunity to participate in this process .. '

Sincerely,

~ ,

'Dr. Lisa Rainwater Riverkeeper Policy Director Cc: Bo Pham,Indian Point Project Manager