ML072970507

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E-mail from M. Mclaughlin of USNRC to D. Screnci, N. Sheehan and R. Barkley of USNRC, Regarding EPA Response to a Letter from Wc County Exec Andrew Spano Re IP Tritium
ML072970507
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 08/01/2007
From: Marjorie Mclaughlin
NRC Region 1
To: Barkley R, Diane Screnci, Neil Sheehan
Office of Public Affairs
References
FOIA/PA-2007-0324
Download: ML072970507 (23)


Text

L eil Sheehan - Fwd: EPA Response to a letter from WCount Exec AndrewSpano re IP Tritium.. Page 1 From: Marjorie McLaughlin To: Diane Screnci; Neil Sheehan; Richard Barkley Date: 08/01/2007 2:43:10 PM

Subject:

Fwd: EPA Response to a letter from WC County Exec Andrew Spano re IP Tritium FYI Marjorie McLaughlin Regional State Liaison Officer USNRC Region I 610 -117-r, An (Office

ýb)(6)

"10-337-5354 (Fax)

>>> Marjorie McLaughlin 08/01/2007 2:42 PM >>>

Good Afternoon, Bottom Line:

EPA Region II sent a letter today to Westchester County Executive Andrew Spano supporting NRC's involvement and oversight of the groundwater investigation activities at Indian Point.

Background:

Paul Giardina, of the EPA's Region II office, sent me the attached email this afternoon.

Apparently, Mr. Spano sent the US EPA Administrator a letter on May 30 regarding the tritium that had been identified in the sewer system at Indian Point. This letter very closely mirrored the letters that EPA had received on the same issue from several NY Congressional members. The letter had originally been tagged as not requiring a response, and they only realized that error this past week. So, we did not know about the letter or see the response until now.

In Mr Spano's letter, he says that NRC has done little to address Indian Point's iong history of safety and environmental problems, and that NRC and Entergy do not understand the scope of tritium leaks at the site. He requests EPA become involved in the groundwater investigation and remediation effort.

EPA Region II responded to this letter today. They inform Mr. Spano that tritium had, in fact, not been identified in the sewer system. They also disagree with Mr. Spano's characterization of NRC, and reaffirm EPA's belief that NRC has the authority and expertise to independently regulate nuclear power.

Both letters are attached to Paul's message.

Please let me know if you require further information.

VR, Marjorie Marjorie McLaughlin Regional State Liaison Officer USNRC Region I 610-337-5240 (Offige) 6*10-337-R354 (Faxr" Information inthis record was deleted In accordance with the Freedpm of Information Act.

Exemptions.c C-6:;17 FOIANPA Q '-

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Subject:

Fwd: EPA Response to a letter from WC County Exec Andrew Spano re IP Tritium Creation Date 08/01/2007 2:43:10 PM From: Marjorie McLaughlin Created By: MMM3@nrc.gov Recipients nrc.gov kpl_po.KPDO DPS (Diane Screnci)

NAS (Neil Sheehan)

RSB1 (Richard Barkley)

Post Office Route kp lpo.KPDO nrc.gov Files Size Date & Time MESSAGE 3324 08/01/2007 2:43:10 PM Mail Options Expiration Date: None Priority: Standard ReplyRequested: No Return Notification: None Concealed

Subject:

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Neil Sheehan - Response` to County Executive Spano vis a.vis IPEC 1nquiry Page 1 From: <Giardina.Paul@epamail.epa.gov>

To: <MMM3@nrc.gov>, <eedassat@gw.dec.state.ny.us>, <tbrice@gw.dec.state. ny. us>,

<bayoungb@gw.dec.state. ny. us>, <asaO 1@health. state. ny. us>

Date: 08/01/2007 2:06:32 PM

Subject:

Response to County Executive Spano vis a vis IPEC Inquiry Hello to All:

Please see the two files below. They contain the incoming letter concerning the IPEC facility from County Executive Spano and the response sent out today by Walter Mugdan, our Division Director. It references the previous responses made by our RA to the 5 Representatives who sent inquiries earlier in May.

(See attached file: pg10001.pdf)(See attached file: pg20001.pdf)

Paul A. Giardina, Chief Radiation & Indoor Air Branch U.S. EPA Region 2 290 Broadway New York, NY 10007-1866 CC: <Debonis.Michael@epamail.epa.gov>, <Eng.Jeanette@epamail.epa.gov>,

<Simpson. Eric@epamail.epa.gov>, <Azzam.Nidal@epamail.epa.gov>, <Reyes.Juan@epamail.epa.gov>,

<Oconnor. Dennis@epamail.epa.gov>, <Kluesner.Dave@epamail.epa.gov>

SNeil Sheehan .-.pglooo1 'ipdf Page 1 11[

Page INeil Sheehan t

- pglOOOl.pdf UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEW YORK, NY 10007-1866 AUG 01 2007 Honorable Andrew J. Spano County Executive 148 Martine Avenue, 9th Floor White Plains, New York 10601

Dear County Executive Spano:

Thank you for your letter of May 31, 2007 to Administrator Stephen Johnson regarding the Indian Point Energy Center (IPEG) and tritium levels that have been reported in the facility's sewage system and in groundwater beneath the site. Your letter requested that the U.S.

Environmental Protection Agency (EPA) become actively involved in the investigation of the leak that may have caused these occurrences.

We have previously, on May 10, 2007, received similar correspondence from five U.S.

Congressman: Representatives Engel, Lowey, Hall, Hinchey, and Shays. I have provided you with copies of the two responses, one which we sent on June 4, 2007 and the other on June 20, 2007 to Representative Engel. The other four Representatives received identical responses. By now, you have probably heard that the tritium levels that had been previously reported in the IPEC sewage system were incorrect In fact, tritium has not been observed in the IPEC sewage system above the non-detectable threshold limit of the analytic method used by the facility owner's contractor laboratory. The earlier reports appear to have been the result of laboratory error.

In your letter you stated, "Entergy and the Nuclear Regulatory Commission (NRC) do not have an adequate understanding of the scope of radioactive leaks at Indian Point." I respectfully disagree with your statement as well as your opinion that there is a need for an independent regulator to examine this occurrence. In our June 4 h response to the Representatives we provided a summary of the situation at the IPEC siteas well as the plans to remedy the problem.

From that you will also see that EPA is involved with this occurrence. In that June 4th letter we commented that the NRC has the authority and expertise to fulfill the role of independent regulator of nuclear power. We continue with this belief.

I also want to apologize for the delay in responding to your letter. Due to an unfortunate error in EPA's correspondence tracking system, it was erroneously logged that a response was unnecessary considering theprevious responses to the Representatives. This error was realized only within the p'ast week. Again, I want to apologize as this delay was completely unintentional as I think you might realize by the substance of our responses and the circumstances.

Internet Addres (URL.) htpJMvww.@pw.gov RcydffipcycI&be .PfdledWkhVegeWlIs011aud kim on RA/dsd POW(MIftfn 30% PGcOOMjn,.

SNeil Sheehan -pglOOO!lpdf Page 21 If you have any further questions or need additional assistance, please let me know or your staff may contact David Klucsner, Acting Chief for Intergovernmental and Community Affairs, at g2Sine Walter Mugdan, irector Division of Environmental Planning and Protection Enclosures

LNeil Sheeha~n.- pg2000l.Rdf Page j]

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,rue, Andrew J5.Spano

.200JUN-6 AMI0:21 County Executive May 31, 2007 EXEGUT"t .'-, -ii, Stephen L. Johnson, Administrator US Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W.

Waszrngtoo, DC 20460

Dear Mr. Johnson:

I write to you to request that EPA become actively involved in the investigation of radioactve groundwater contamination at the Indian Point Nuclear Generating Facility in Buchanan, NY.

Entergy, the operator of Indian Point, recently notified public officials that tritiun was found in untreated sewage being trmferred to die Buchanan sewage treatment plant near Indian Point. For about 2 years, the leak oftritium into groundwater has been unde investigation, end there has been no answer as to where it is coming from and how to stop it. Taken together, the recent and past discoveries of the presence of tritium in sewer limes and groundwater provides compelling evidence that Entergy and the Nuclear Regulatory Commisaion (NRC) do not have an adequate understanding of the scope of radioactive leaks at Indian Point. The need for an independent regulator to examine this problem is inurrediate, and growing.

As you are no doubt aware, Indian Point has a long history of safety and environmental problems, for which the NRC has done little, It is imperative that EPA determine the extent ofthe radioactive contarnination and work with Entergy and NRC to prepare a rcmediation plan. EPA is particularly well-suited for this task, given its mission to protect humans health and the environment, as well asits technical expertise. The safely and well-being of local residents and the environment are dependent upon this investigation, and, as such. would be welcomed by local residents, public officials, and stakeholder gnrops.

For these reasons, I request EPA to become actively involved in the Indian Point radioactive leak investigation. Ifthis request is refused, 1 request a detailed public ruponsc explaining the basis for such a docision. Please be mindfli that tritum leaks are continuing to comninate the environment with apotential thtreat to public health.

I look forward to your written response to this request.

Cc: Honorable Eliot Spizer, Governor of New York Richard Daies, MD, State Health Commissioner Alan J. Steinberg EPA Region 2 Administrator Honorable Members, Westchester County Federal Delegation Offiee of the County Eoecutnw Mtchaebin Office Building White Plams, New York 10601 Telephoane: 1914)996-2900 E-mail: ceo0~westcheotergov corn

INeil Sheeh~an .- pg2000i.1 pdf .... .. ..... ... . -[... -. . .... .. .. .Page 2

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I oraleto you to request thl EPA become ac**rely involved tn the investgat1ionof entoardtvegeauodwtteo o t ftt Jndin Point Nuclear Genertig Facility in Burbaomo.NY.

contzam atto08 EWrall, th oper,, of Iat n Point* eccady notiid pubiuc off*cial that uitim m fouwe ia untretd sewage behrl ansferredto fte Bunobsom mwange ntramenoplans laedianPoint FPraboue2 yenn, tho kak of ttimen iom groundwaterhas been umnd inuvreumoso,and tee henboon no sweersorto wbere isz carmog Anm nodAow to atop it.. TWaes getdhr,to secton andput discoveries ofthe Presence of titium in newerhoesAndVoundwa"ot provides tonspqelig evidence thatE.toqy nadtheNuclen .rpulsoryaCwommsieo(NRC)do nothave an *equnte noderstandingoftte scope ottradioctivk lea mlIndn Point The needforuabnpidendat egnawtc tcxati*n Ibis problein i mmeda*l, and pawig.

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Subject:

EPA Draft Response to NY Congressionals Creation Date 06/04/2007 11:29:26 AM From: Marjorie McLaughlin Created By: MMM3@nrc.gov Recipients nrc.gov TWGWPO02.HQGWDO01 JRT CC (John Tappert) nrc.gov kplpo.KPDO BDW CC (Blake Welling)

DCL CC (David Lew)

DPS CC (Diane Screnci)

EWC CC (Eugene Cobey)

GRM CC (Gina Matakas)

JWC CC (James Clifford)

MKG CC (Marsha Gamberoni)

MLDI (Marc Dapas)

NAS CC (Neil Sheehan)

NTM CC (Nancy McNamara)

RSB I CC (Richard Barkley)

SJCI (Samuel Collins)

Post Office Route TWGWPOO2.HQGWDO01 nrc.gov kplpo.KPDO nrc.gov Files Size Date & Time MESSAGE 3061 06/04/2007 11:29:26 AM AL7956 Indian Point.doc 32256 06/04/2007 11:22:02 AM 07-000-7956.pdf 80537 06/04/2007 11:22:03 AM Options Expiration Date: None Priority: High ReplyRequested: No Return Notification: None Concealed

Subject:

No

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I Neil Sheehan--:EPA Draft Response to NY Congressionals .. ........ .... .. .... Page 1 From: Marjorie McLaughlin To: Marc Dapas; Samuel Collins Date: 06/04/2007 11:29:29 AM

Subject:

EPA Draft Response to NY Congressionals Sam, The attached message is from Paul Giardina, EPA Region I1. He has sent us the latest draft response to the NY Congressional Delegation on their request for EPA to become involved in the IP sewer samples.

The response puts the one positive sewer sample into perspective, and politely disagrees with the Congressionals' assertions that the residents of the area are in any danger or that there is any adverse impact. The draft response also explains the current status of the groundwater investigation and EPA's involvement in the matter. It is complimentary of the NRC and the working relationship between our agencies.

EPA had offered to perform confirmatory samples of the sewer system at our request. I discussed this with John White Thursday afternoon. NY DEC will be conducting confirmatory samples of the IP sewer system. In light of that planned sampling, it was felt that the EPA's assistance would not be needed at this time.

I am available to discuss this further at any time you like, Marjorie Marjorie McLaughlin Regional State Liaison Officer USNRC Region I 610-337-5240 (Office)

(b)(6) 610-337-5354 (Fax)

>>> <Giardina. Paul@epamail.epa.gov> 06/04/2007 11:14 AM >>>

Mr. Gray, Here is the latest version of our Congressional response which is now on the RA's desk for signature. I have also attached a copy of the incoming.

(See attached file: AL7956 Indian Point.doc)(See attached file:

07-000-7956.pdf)

As we talked today, we'll be glad to support you doing any kind of H-3 cross checks with our EPA National Air and radiation Environmental Lab.

If you need us to run 5 or 10 cross checks we should be able to accommodate you.

Paul A. Giardina, Chief Radiation & Indoor Air Branch U.S. EPA Region 2 290 Broadway New York, NY 10007-1866

Neil Sheehan -EP*A Oraff Response to0 NY Co ngres.sionals __.,._._.______- . "......

.. page 2 CC: Blake Welling; David Lew; Diane Screnci; Eugene Cobey; Gina Matakas; James Clifford; John Tappert; Marsha Gamberoni; Nancy McNamara; Neil Sheehan; Richard Barkley

.NeilSh~e ian - AL7956 Indian Point.doc . ...... ". . .. .*.... ....... Page"-

Honorable Eliot L. Engel U.S. House of Representatives Washington, DC 20515

Dear Representative Engel:

Thank you for your letter of May 10, 2007 regarding the Indian Point Energy Center (IPEC) and tritium levels that have been reported in the facility's sewage system. Your letter requested that the U.S. Environmental Protection Agency (EPA) thoroughly investigate and remedy this situation.

In October 2006, based in part on recommendations by the New York State Departments of Environmental Conservation (NYSDEC) and Health (NYSDOH), as well as the U.S. Nuclear Regulatory Commission (NRC), radiation monitoring for the IPEC sewage system was increased from gross gamma radiation monitoring to include specific tritium analysis. Routine radiation sampling is also conducted at the Buchanan Sewage treatment plant.

The EPA Safe Drinking Water Act (SDWA) standard for tritium is 20,000 picoCuries per liter (pCi/I).' The limit for tritium discharge to a sewer system set by the NRC and the State of New York is 10 million pCi/i. The tritium levels that were observed from October 2006 through March 2007 ranged from about 4,000 pCi/I down to the non-detectable limit of the analytic method, which is somewhat less than 1,000 pCi/I. The April level encountered in the effluent sewage line of the IPEC Unit #3 was 8,000 pCi/I or about 40% of the EPA drinking water standard and the next subsequent measurement was about 1,000 pCi/I.

Groundwater under the IPEC site is contaminated with tritium, primarily resulting from leakage from the spent fuel pools used for the IPEC #1 and #2 units. Groundwater infiltration to sewage systems is not an uncommon occurrence and is the probable cause of the tritium levels observed in the IPEC sewer lines. Variance in these levels may be attributable to many factors including rainfall and its effect on groundwater levels. This is the subject of further study at the site.

The spent fuel pool for IPEC #1 is scheduled to be taken out of service during the first quarter of 2008, with the spent fuel to be removed and relocated and the water in the pool to be processed. The IPEC #1 spent fuel pool is believed to be the most significant ongoing source for radionuclide groundwater contamination at the IPEC site and, indeed, may be the only source.

Studies continue to be conducted to better understand the cause of the radionuclide contamination in the groundwater at the site, and to plan appropriate mitigation and remediation.

The spent fuel pool for IPEC #2 is undergoing further testing. This work is scheduled to After a review several years ago, the EPA's Science Advisory Board recommended that the level should be increased to 80,000 pCi/l, because the current 20,000 pCi/I level was too conservative and not based on sound current scientific knowledge.

.Neil Sheehan.- AL7956 Indian- Point.doc Pag Page 2.

conclude by the end of December 2007. The goal of this testing is to assure that the pool is not leaking.' The spent fuel pool for IPEC #3 is continuously monitored and that monitoring indicates it is not leaking.

To summarize the situation, in terms of radionuclide concentrations the sewage discharge from the IPEC facility meets (indeed, is significantly better than) standards for potable water.

Tritium levels in the sewage appear to range from less than 5% of EPA's drinking water standard, to one occurrence where tritium was measured at about 40% of that standard. We expect that the chief ongoing source for the tritium and other radionuclides observed in the groundwater should be removed or remedied in about one year. Further studies continue to look at the groundwater under the IPEC site and the occurrence of radionuclide contamination.

All of the information that I have provided above was obtained by or for the regulatory agencies identified above. These or related data have been discussed most recently at forums hosted by the NRC. Specifically, they were discussed on April 26, 2007 at a public meeting attended by NRC, the New York State agencies and EPA; and at a government-to-government meeting on March 20, 2007, at which EPA made a presentation that addressed the radionuclide groundwater situation. Further, since December 2005 there have been conference calls held twice weekly with NRC, NYSDEC, and the facility owner. Biweekly conference calls with the various involved stakeholders are also held and are open to you and your staffs. In addition to these scheduled meetings and calls, there have been numerous calls and meetings that have included a larger sphere of expertise including the U.S. Geological Survey, the U.S. Federal Emergency Management Agency, and fishery biologists from New York State.

In reviewing these data and the interactions between EPA and its sister federal and state agencies, I believe that EPA is participating in the most productive and useful way we can, and I am unaware of anything we could do to make these investigations more thorough. Studies have been performed and are continuing to be performed to assure a full understanding of this matter.

Based on these studies and coordination with the regulatory agencies, a remedy has already been scheduled, and the ongoing studies can be expected to identify any additional remedial work that may be needed.

In your letter you write that "people living near the power plant may have already been exposed to dangerous materials". I respectfully disagree considering that the radionuclide levels leaving the IPEC sewage system are well below the standards for potable drinking water. You also write that "...EPA has claimed that the NRC has sole jurisdiction and has not acted." This is not accurate. As we have previously asserted, NRC and the State share various regulatory responsibilities for the IPEC site, and have acted aggressively and appropriately. The jurisdiction of NRC is derived from the Atomic Energy Act of 1954 as subsequently amended. NRC and state actions have resulted in a scheduled remedy for the situation, even though health-based standards have not been contravened.

EPA believes that the NRC has the authority and expertise to fulfill the role of 2 There was a release from this spent fuel pool in the 1990s when there was a breach of that pool's liner, a situation that has been corrected.

rNeil Sheehan - AL7956 Indian Point.dcP ýýge 3 independent regulator of nuclear power. As explained at the March 20, 2007 meeting, NRC has applied extensive expertise to the review and regulation of the IPEC facility. We note that NRC has actually increased its regulatory review of the facility since that meeting, based on occurrences unrelated to this matter.

If you have any further questions or need additional assistance, please let me know or your staff may contact Peter B. Brandt, Chief for Intergovernmental and Community Affairs, at (212) 637-3657.

Sincerely, Alan J. Steinberg Regional Administrator

Neil Sheehan - 077000- 7956.pdf......i......... ................... " . ..... .... Page 1 Otongress vf t#t h1tniteb Mtates Waallington, *O *O1*51 May 10, 2007 Stephen L. Johnson Administrator U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

Dear Mr. Johnson:

We write, yet again, to ask for the U.S. Environmental Protection Agency (EPA) to investigate radioactive leaks emanating from the Indian Point Energy Center (IPEC).

According to a news report in yesterday's Journal News, tritium has been found in sewer pipes that lead from Indian Point to the Buchanan sewage system.

This development means that people living near the power plant may have already been exposed to dangerous materials. Given the EPA's mission to protect the environment and public health, it is essential that the agency immediately investigate this danger and determine the extent of the contamination and the potential health impacts of these leaks. Further delay is not an option.

As you know, on March 3,2006, Congressman Eliot Engel, Congresswoman Nita Lowey, and Congressman Maurice Hinchey sent you a letter requesting the Environmental Protection Agency investigate and correct the myriad of health, environmental and safety concerns at the IPEC, including radioactive leaks discovered at the power plant, Congressman Engel followed up on this letter by speaking to you about the matter again by telephone on January 27 of this year. He then sent you a letter on the same subject dated February 5, 2007, and he urged the EPA to investigate radioactive leaks at the IPEC yet again during two subsequent meetings with the Regional EPA Administrator. In response to all these requests, the EPA has claimed that the NRC has sole jurisdiction and has not acted. This is unacceptable.

You must also be aware we are deeply concerned by the general operational safety record of the IPEC' Time and time again, the IPEC has had safety and environmental failures and time and time again the NRC has done next to nothing to address these problems. Now that we might be in the midst of an environmental and health disaster we need the EPA to fulfill its mission and respond to our request to thoroughly investigate and remedy this situation.

We look forward to your written response to this request.

FPtRTO D ONRECYCLED PAMN

Neil Sheehan OOQ-7956.pdf Page 2 Mr. Steven L. Johnson May 10, 2007 Page 2 Sincerely, Eliot L. Eage 4j{#A&

John Hall Member of Congress Member of Congress cc: Alan J. Steinberg, Regional Administrator of the U.S. Environmental Protection Agency, Region 2

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Re: Fwd: Cong. press release on IP leakage Creation Date 05/11/2007 1:15:39 PM From: Marjorie McLaughlin Created By: MMM3@nrc.gov Recipients nrc.gov TWGWPO02.HQGWDO01 JRT (John Tappert) nrc.gov kplpo.KPDO DCL CC (David Lew)

DPS CC (Diane Screnci)

EWC (Eugene Cobey)

JDO (Daniel Orr)

JRW1 (John White)

JWC CC (James Clifford)

MKG (Marsha Gamberoni)

MLD I CC (Marc Dapas)

NAS CC (Neil Sheehan)

NTM (Nancy McNamara)

SJC1 CC (Samuel Collins)

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Neil Sheehan - Re: Fwd: Cong.. press release on IP leakage .Page 1 From: Marjorie McLaughlin To: Daniel Orr; Eugene Cobey; John Tappert; John White; Marsha Gamberoni; Nancy McNamara Date: 05/11/2007 1:15:39 PM

Subject:

Re: Fwd: Cong. press release on IP leakage Good Afternoon.

Yesterday, I received a call from Eric Simpson, who works in EPA's Region II office for Paul Giardina.

Eric said he had questions about Indian Point groundwater, in response to a news article about the sewage sample. At the time I spoke with him, I had not seen the article discussing the Congressional letter to EPA, so I did not know this was the context. Regardless, Eric told me that his office is not concerned about the sewer result, and that he just wanted to know some background info about the groundwater contamination issue there. I spoke with him for a while, and sent the attached message as additional followup. He said he has no more questions.

I will ask Eric if he can provide any heads up on the response EPA may provide the Congressionals.

Please let me know if there are any questions or additional concerns, Marjorie Marjorie McLaughlin Regional State Liaison Officer USNRC Region I 610-337-5240 (Office)

>>> Daniel Orr 05/11/2007 12:53 PM >>>

FYI, congressional press release from the congressional reps calling on the EPA to investigate Indian Point radioactive leaks "immediately."

CC: David Lew; Diane Screnci; James Clifford; Marc Dapas; Neil Sheehan; Samuel Collins

Neil Sheehan - Indian Point groundwater Page 1 From: Marjorie McLaughlin To: simpson.eric@epa.gov Date: 05/10/2007 8:53:12 AM

Subject:

Indian Point groundwater Eric, It was a pleasure speaking with you this morning. I apologize for not immediately answering your questions, but I hope that the information I provide below will help further. I refreshed my knowledge of the history of the Indian Point groundwater contamination: the sources and the isotopic constituents.

Unit 2 Spent Fuel Pool Leak:

In August 2005, Entergy was excavating the ground near the Indian Point Unit 2 Fuel Storage Building Loading Bay, which is adjacent to the south wall of the spent fuel pool. On August 22, 2005, a hairline crack with moisture was discovered along the south wall of the spent fuel pool. Initial samples did not detect any radioactivity and spent fuel pool leakage was not suspected. On September 1, 2005, contamination was first detected on a sample from the crack. A second crack was discovered two weeks later and a temporary collection device was installed to capture leaking liquid. Analyses of the moisture indicated that the material had the same radiological and chemical properties as spent fuel pool water.

The rimar radioactive constituent was identified as tritium, which is why we focus on this radionuclide.

The leak from the crack increased following the first measurable sample of 12 milliliters, which was collected on September 12, 2005. The leakage increased to a maximum of 1-2 liters per day and remained stable. It declined to a minimal amount by late December 2005. On September 29, 2005, the licensee sampled water from an existing monitoring well in the Unit 2 Transformer Yard. On October 5, 2005, the results from the sample were reported and indicated an unexpected concentration of tritium in onsite ground water. Prior to the September 2005 sample, the well was last analyzed for tritium in 2000 and none was detected.

In an effort to reduce Unit 2 spent fuel pool leakage, Entergy has inspected the liner, and coated suspect areas with epoxy.

Unit I Spent Fuel Pool Leak:

As you indicated, in addition to the detection of tritium, the radionuclides nickel-63, cesium-1 37, strontium-90, and cobalt-60 have been detected onsite at Indian Point. It is suspected that these isotopes are a result of leakage from the Unit 1 spent fuel pool which resulted in the contamination of some groundwater in the vicinity. Even though Unit 1 has been permanently shut down since 1974, its spent fuel pool still contains expended fuel and radioactive water. A curtain drain groundwater collection system surrounding the facility was expected to capture the contaminated groundwater, however, it is likely that some portion may be bypassing the drain system. Currently, the licensee operates a filter/demineralizer system in the spent fuel pool to reduce the concentration of radioactive material that may continue to leak from the Unit 1 facility until the fuel is removed in 2008.

Entergy's Actions:

Indian Point contracted geotechnical and ground-water consultants to assist in mapping the contaminant plumes. This involved the installation of numerous shallow wells to help identify the contaminant release points, map the tritium and strontium-90 contaminant plumes, and assess subsequent contaminant migration. In addition to tritium, strontium-90 and nickel-63 were also detected in the ground water.

They have also:

- Conducted in-plant and outside radiological surveys of the backfill, fractured rock and ground water;

- Attempted to determine the location, timing, and release mechanism and rate of the contaminant releases (both tritium and strontium-90);

- Examined ambient surface and ground-water conditions in the vicinity of the release;

LNeil Sheehan. - Idian Point'groundwater .__.. .. .. "_ ..... '.. . .. = Page 2

- Identified construction-induced modifications to the hydrogeologic setting affecting infiltration, ground-water flow and transport; Determined the presence of buried conduits and imported backfill affecting infiltration and ground-water flow and transport using "blue-prints" and geophysical surveys;

- Identified hydrogeologic units affected by contaminant migration, and their interface with surface water discharges;

- Measured ground-water levels and gradients in the affected hydrogeologic units;

- Sampled existing wells or selected and installed environmental monitoring wells to detect and sample contaminants;

- Evaluated hydrogeologic information and well data (e.g., water-levels, flow rates and contaminant concentration with time) to determine the ground-water flow rates, direction and mixing;

- Mapped the contaminant plume(s) geometries (i.e., lateral, horizontal and depth extent) using monitoring well data, and determined if and where additional wells were needed to understand the plume behavior (e.g., movement and temporal changes of concentrations);

- Determined potential location, and concentrations of radionuclide transport to offsite exposure points of compliance;

- Determined what corrective maintenance action could preclude further releases from the nuclear power plants structures, systems and components; Indian Point has concluded that the releases do not pose a risk to public health, and at the most may result in a radiation dose to the public of well below 1 mrem for tritium. For strontium-90, however, the dose may be higher but still below the NRC's 10 CFR 50, Appendix I ALARA values.

They have notified us by letter their intent to continue to monitor the ground water and to characterize the leakage.

Our office and the NY DEC are continuing our oversight of their actions.

Other Info:

We maintain a webpage on the NRC public website with information on the Indian Point groundwater contamination investigation. You can click on the link below to get to it:

http://www.nrc.qov/reactors/plant-specific-items/indian-point-issues.html As for the sewage sample, neither the licensee nor NRC yet knows the source of the tritium. As you know, we have an inspector onsite who is following their investigation, although the concentration is below any level of public health and safety concern.

We expect to participate in a public meeting in the indian Point area within the next month or two to discuss the groundwater contamination investigation. I will let you and Paul know more about this after we set a date. We would welcome any participation EPA Region II may wish to have.

Please let me know ifyou have additional questions. I will be out of the office for a period today (between 10:30 - 3 PM), but am here on either end of those hours, and will be in tomorrow as well.

Respectfully, Marjorie Marjorie McLaughlin Regional State Liaison Officer

Neil Sheehan - Indian Point groundwater ____

____ __- _ _ ___ ___ __ -~ Page3 USNRC Region I 610-337-5240 (Office)

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