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Category:Legal-Correspondence
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2022-08-10
[Table view] |
Text
November 20, 2007 Mr. Sherwood Martinelli
Vice President
FUSE USA 351 Dyckman Street.
Peekskill, New York 10566
SUBJECT:
INDIAN POINT LICENSE RENEWAL APPLICATION
Dear Mr. Martinelli:
On September 26, 2007, you transmitted an E-mail message to Chairman Dale Klein of the U.S.
Nuclear Regulatory Commission (NRC), and others, in which you inquired as to the meaning of
the terms "adequate" and "reasonable assurance" as they may apply to the license renewal
process for Indian Point Nuclear Generating Units 2 and 3 (Indian Point). In particular, you
inquired as to the meaning of these terms in NRC regulations pertaining to license renewal, set
forth in 10 C.F.R. Part 54.
As you know, an adjudicatory proceeding has been initiated to consider the Indian Point license
renewal application (LRA). You filed a petition to intervene in that proceeding, on behalf of
yourself and Friends United for Sustainable Energy (FUSE). On October 18, 2007 an Atomic
Safety and Licensing Board was established by the Commission to preside over that
proceeding.
Inasmuch as your E-mail message concerns the NRC's review of the Indian Point LRA, your communication is subject to the requirements of 10 C.F.R. § 2.347. That regulation
prohibits the making of ex parte communications to (or by) the Commission or its adjudicatory employees relevant to the merits of an adjudicatory proceeding. Accordingly, as Counsel for the
NRC Staff in the Indian Point LRA proceeding, I am responding to your E-mail message on
behalf of the NRC Staff.
Pursuant to 10 C.F.R. § 54.29 ("Standards for issuance of a renewed license"), a renewed
license may be issued if the Commission finds that: (a) Actions have been identified and have been or will be taken
with respect to the matters identified in Paragraphs (a)(1) and (a)(2) of this section, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the CLB [current licensing basis],
and that any changes made to the plant's CLB in order to comply
with this paragraph are in accord with the Act and the
Commission's regulations. These matters are:
(1) managing the effects of aging during the period of extended operation on the functionality of structures and components that
have been identified to require review under §54.21(a)(1); and Mr. Sherwood Martinelli November 20, 2007 (2) time-limited aging analyses that have been identified to
require review under § 54.21(c). (b) Any applicable requirements of Subpart A of 10 CFR Part 51 have been satisfied. (c) Any matters raised under § 2.335 have been addressed.
10 C.F.R. § 54.29 (emphasis added). The term "reasonable assurance" also appears in other NRC regulations, including 10 C.F.R. Part 50, pertaining to the licensing of production and
utilization facilities. The term "adequate" does not appear in 10 C.F.R. Part 54, but does appear
in a number of provisions of 10 C.F.R. Part 50 and elsewhere.
The utilization of these terms in the NRC's regulations is consistent with the NRC's statutory
authority under the Atomic Energy Act of 1954, as amended, in which these terms also appear.
See, e.g., 42 U.S.C. §§ 2232, 2235, 2239, and 2242. These terms have been applied, explained and interpreted, in different contexts and on numerous occasions by the Commission, the Atomic Safety and Licensing Appeal Board, the Atomic Safety and Licensing Board, and the
federal courts. In the event that you have further interest in this matter, you may wish to
conduct your own research to gain a better understanding of these terms (as you state, with "all
[their] various derivatives").
Finally, inasmuch as you have filed a petition to intervene in the Indian Point LRA adjudicatory proceeding, we encourage you to familiarize yourself with the NRC rules of practice set forth in
10 C.F.R. Part 2. In particular, you should review the requirements in 10 C.F.R. §§ 2.304 and
2.305 (governing the proper filing and service of documents), and the requirements in 10 C.F.R.
§2.347 (prohibiting ex parte communications). All participants in NRC adjudicatory proceedings are required to comply with these and other provisions in the NRC's rules of practice.
Thank you for your interest in the NRC license renewal process.
Sincerely, /RA/ Sherwin E. Turk Special Counsel for Litigation
cc: Lawrence G. McDade, Chairman Dr. Richard E. Wardwell
Dr. Kaye D. Lathrop
Zachary S. Kahn, Esq. Atomic Safety and Licensing Board Panel Office of Commission Appellate Adjudication
Office of the Secretary Rulemaking and Adjudication Staff William C. Dennis, Esq.
Kathryn M. Sutton, Esq.
Michael J. Delaney, Esq.
Susan H. Shapiro, Esq.
Arthur J. Kremer
