ML072630339

LTR-07-0627 - Ltr. Alison H. Crocker Request 60-Day Extension in Which to File Request for Hearing/Petition for Leave to Intervene in Response to Relicensing Application Filed by Entergy Nuclear Operations, Inc. for Indian Point Nuclear Pow

ML072630339
Person / Time
Site:	Indian Point
Issue date:	09/11/2007
From:	Crocker A State of NY, Dept of Environmental Conservation
To:	Klein D NRC/Chairman
Crockett Steven F., OGC, 301-415-2871
Shared Package
ML072680791	List: ML072630290 ML072630339
References
LTR-07-0627
Download: ML072630339 (3)

Text

OFFICE OF THE SECRETARY CORIRESPONDENCE CONTROL TICKET Date Printed: Sep 17, 2007 17:01 PAPER NUMBER: LTR-07-0627 LOGGING DATE: 09/17/2007 ACTION OFFICE: OGC AUTHOR: Alison Crocket AFFILIATION: NY ADDRESSEE: Dale Klein

SUBJECT:

Request a 60 day extension in which to file its request for hearing/petition for leave to intervene in response to the relicensing application filed by Entergy Nuclear Operations, inc. lor the Indian Point nuclear power plant ACTION: information DISTRIBUTION: RF LETTER DATE: 09/11/2007 ACKNOWLEDGED No SPECIAL HANDLING. OGC prepared a response to extend comment period NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

New York State Department of Environmental Conservation Deputy Commissioner & General Counsel Office of General Counsel, 1 4 th Floor 625 Broadway, Albany, New York 12233-1500 Phone: (518) 402-9185 - FAX: (518) 402-9018 Alexander B. Grannis Website: www.dec.ny.gov Commissioner September 11, 2007 Hon. Dale E. Klein Chairman United States Nuclear Regulatory Commission Washington D.C. 20555-0001

Dear Chairman Klein:

The State of New York respectfully requests a 60-day extension in which to file its Request for a Hearing/Petition for Leave to Intervene in response to the relicensing application filed by Entergy Nuclear Operations, Inc. for the Indian Point nuclear power plant (Indian Point 2 and Indian Poir.t 3) located in Buchanon, New York.

The State has been working diligently to prepare its response since the NRC published a notice in the Federal Register on August 1, 2007, that Entergy's relicensing application for Indian Point was accepted for review, thereby commencing the NRC's 60-day time period within which to file these paplvrs. This Department has taken the lead to coordinate with all other affected State agencies so that the State can submit a single set of papers as required by the NRC's regulations. This coordination requires many meetings and a great deal of consultation and intra-agency cooperation, all of which takes a significant amount of time.

Statewide coordination has been complicated because many of the staff assigned to review the extensive and complex application for relicensing have been divered to respond to a number of probl.ems that have arisen at Indian Point this year, including multiple unplanned shutdowns for Unit 3, an ongoing groundwater investigation, and issues with certifying the new siren warning system for the site.

In addition, the process to retain consultants and experts to provide necessary support and expertise is subject to State procurement procedures, which is very difficult to accomplish within 60 days. We began the process early for some of these individuals, but as we have developed our contentions over the last five weeks, we have seen the need to retain additional experts and consultants. This process will not likely be concluded by the October 1, 2007, deadline.*

established by the NRC.

Finally, the lead counsel responsible for coordinating the State's response has had a significant family emergency, which has delayed compiling the State's submission. Though this

attorney will be more available in the near future, the State's ability to meet the Commission's deadline has unfortunately been affected.

The State has automatic standing to participate in this process and its significant interest will not be advanced by any other party. A 60-day extension would enable the State to participate more fully and to more meaningfully contribute to the relicensing proceeding. This short delay will be justified by the State's ability to assist the NRC in developing a balanced record. For all of these reasons, we respectfully request that the NRC grant a 60-day extension until November 30, 2007.

Respectfully submitted, Alison H. Crocker cc: Bo Pham, NRC Project Manager