ML072830266
| ML072830266 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/04/2007 |
| From: | Donaldson C, Sipos J State of NY, Office of the Attorney General |
| To: | Annette Vietti-Cook NRC/SECY |
| References | |
| EDATS: SECY-2007-0429, G20070715, LTR-07-0683, SECY-2007-0429 | |
| Download: ML072830266 (6) | |
Text
EDO Principal Correspondence Control FROM:
DUE: 10/31/07 EDO CONTROL: G20070715 DOC DT: 10/04/07 FINAL REPLY:
John J.
Sipos Charlie Donaldson Office of the Attorney General State of New York TO:
Annette Vietti-Cook FOR SIGNATURE OF :
GRN CRC NO: 07-0683 Dyer DESC:
ROUTING:
Exemption from Fire Protection Regulations for Indian Point Nuclear Power Station, Unit 3 (EDATS: SECY-2007-0429)
DATE: 10/09/07 Reyes Virgilio Kane Ash Ordaz Cyr/Burns
- Collins, RI
- Sosa, OEDO
- West, OEDO ASSIGNED TO:
NRR CONTACT:
Dyer SPECIAL INSTRUCTIONS OR REMARKS:
Note: Immediate release of incoming to public.
Processed in ADAMS per SECY thru EDO/DPC.
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EDATS Number: SECY-2007-0429 Source: SECY Geerl norato Assigned To: NRR OEDO Due Date: 10/31/2007 5:00 PM Other Assignees:
SECY Due Date: 10/31/2007 5:00 PM
Subject:
Exemption from Fire Protection Regulations for Indian Point Nuclear Power Station, Unit 3
==
Description:==
CC Routing: Region I ADAMS Accession Numbers -
Incoming: NONE Response/Package: NONE I Ot er Inor aioI Cross Reference Number: G20070715, LTR-07-0683 Related Task:
File Routing: EDATS Staff Initiated: NO Recurring Item: NO Agency Lesson Learned: NO Roadmap Item: NO Action Type: Letter Priority: Medium Sensitivity: None Signature Level: NRR Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions:
Originator Name: John J. Sipos and Charlie Donaldson Date of Incoming: 10/4/2007 Originating Organization: State of New York, Office of Document Received by SECY Date: 10/9/2007 the Attorney General Addressee: Annette Vietti-Cook Date Response Requested by Originator: NONE Incoming Task Received: Letter Page 1 of I
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed.: Oct 09, 2007 15:51 PAPER NUMBER:
ACTION OFFICE:
LTR-07-0683 EDO LOGGING DATE:
10/09/2007 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
John Sipos NY Annettee Vietti-Cook Indian Point Nuclear Generating unit 3 Direct Reply RF, OGC, SECY to Ack 10/04/2007 Yes Made publicly available in ADAMS via EDO/DPC NOTES:
FILE LOCATION:
ADAMS 10/31/2007 DATE DUE:
DATE SIGNED:
EDO -- G20070715
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ANDREW m. CUOMO DivisioN OF SOCIAL.IUSTICI ATTORNEY GENERAL.
ENVIRONMENTAL PROTECTION BUREAU October 4, 2007 Hon. Annette L. Vietti-Cook Secretary U.S. Nuclear Regulatory Coniniission Washington. D.C,. 20555 - 0001 Re:
Docket No. 50-286 - Indian Point Nuclear Generating Unit No. 3 -
September 24, 2007 letter from John P. Boska., NRC, to Michael A. Balduzzi, Entergy Nuclear Operations, Inc., regarding Environmental Assessment and Finding of No Significant Impact for Entergy's July 24, 20(06 application for exemption from certain Appendix R fire protection requirements (ML062140057);
72 Fed. Reg. 55254 - 55255, (September 28, 2007) and 72 Fed. Resi. 56798 - 56801 (October 4, 2007)
Dear Secretary Vietti-Cook:
The New York State Attorney General's Office hereby objects to the determinations that were noticed in the Federal Register last Friday and today that the Nuclear Regulatory Commission plans to grant an exemption from its fire protection regulations to the Indian Point
, nuclear power station.
After examining the NRC^s recent Environmental Assessment and Finding of No Significant Impact attached to Mr. Boska's September 24, 2007 letter, Entergy's July 24 22006 application for exemption from certain Appendix R fire protection requirements, and related documents, the New York State Attorney General's Office questions the legality of both the proposed exemption and the mEnironmental Assessment. The requested exemption is inconsistent with the statutory requirement that NRC protect health and safety. with the NRC's recognition of the importance of fre protection or mitigation measures, and with the potential environmental impact of a terrorist attack on hidian Point 3.
The Atomic Energy Act requires that NRC regulations intended to protect life or property fiom the release of radiation fi-om nuclear power plants minimize this danger. NRC's fire protection regulations require the use of a I -hour fire barrier. In 2005, the NRC deternmined that the Hemyc fire barrier used at Indian Point was a "nonconforming barrier," and Entergy subsequently declared the Hemvc bairier "inoperable." Reducing the fire protection at certain locations in the Indian Point 3 plant from the current 1-hour standard to either the 30 minutes or The Capitol, Albany. NY 1-224 0 (5 IS,1 474-,<'096 8 Fax (5 51) 473-2534 (Not for Scrvicc of Papers)S http:!!www.oag.ste.ny.us
the 24 minutes as Entergy has requested is not consistent with this statutory requirement. The requested change would amend the current license for the facility and would increase the threat fi-om a fire affecting the locations at issue (Fire Area ETN-4, Zones 7A, 60A, and 73A).
Since the NRC, at present, does not require Entergy to protect Indian Point 3 from air-based, threats, the plant remains vulnerable to the potential for an explosion or fuel fire resulting fiom an aircraft crashed into the plant. Consequently. the locations where the 1-hour fire protection standards would be relaxed are at increased risk Linder the action described in Friday and today's Federal Register.
At 72 Fed. Re,. 12705, 12710-12712 (March 19.2007), the NRC points to the fire mitigation plans as a reason for not requiring plant owners to install barriers against air attacks by terrorists. Weakening Indian Point 3's fire protection is inconsistent with this reliance placed on nuclear plant fire protection as well as paragraph B.5.b of the February 2009 Interim Compensatory Measures ("ICM") orders, which require operators to use available resources to mitigate explosions and fires. See 67 Fed. Reg. 9,792 (Mar. 4, 2002).
The Environmental Assessment ignores the potential environ-i ental impact of a successful terrorist attack involving aircraft fuel or other flanimable substances that exploit the weakened fire protection Entergyis reqCuesting. As such, it is inconsistent with San Luis Obispo Mothers for Peace v. NRC, 449 F.3d 1016. 1020 (9" Cir. 2006) cert. denied, 127 S. Ct. 1124 (2007). Likewise, it ignores the impacts that could result fiom an accidental fire.
We further note that the September 2.4, 2007 letter, the Environmental Assessment. and the Federal Register notice contained an incorr-ect NRC accession number for a relevant August 16, 2007 letter. At a minimum, the NRC should re-commence the administrative process to correct this error and ensure procedural transparency.
For the reasons set out above, the NRC should recall and revise the Environmental Assessment, reconsider the exemption with appropriate attention to the relevant sections of the Atomic Energy Act and the National Environmental Protection Act. solicit public input for such, reconsideration, and supplement and correct the public record. including, but not limited to, placing all the Entergy, l-lernyc, and NRC d(ocuments relevant to this action on the NRC's "ADAMS" network.
Thank you for your attention and consideration. If there are questions, please contact one of the undersigned.
Respectfully submitted, John J. Sipos, Charlie Donaldson, Assistant Attorneys General (518) 40!2-2251 cc:
Jhnl P. Boska Senior Project Manager U.S. Nuclear Regulatory Commission Michael A. Balduzzi Senior Vice President & COO Entergy Nuclear Operations. Inc.