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MONTHYEARML0727706052007-10-16016 October 2007 Summary of Telephone Conference Call Held Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc., Concerning Draft Requests for Additional Information Pertaining to Indian Point Generating Station Project stage: Draft RAI NL-08-021, License Renewal Application Amendment 22008-01-22022 January 2008 License Renewal Application Amendment 2 Project stage: Other ML0735305362008-02-15015 February 2008 IP 71003, Post-Approval Site Inspection for License Renewal Project stage: Other ML0806702862008-03-0404 March 2008 Letter from David E. Roth & Kimberly A. Sexton to Atomic Safety and Licensing Board Project stage: Request ML0806701252008-03-0606 March 2008 Supplement to NRC Staffs Answer to Entergys Motion to Strike the Reply of Westcan, Et Al. to the Responses Filed by Entergy and the NRC Staff Project stage: Request ML0810002692008-03-31031 March 2008 Answer of Entergy Nuclear Operations, Inc. to Riverkeepers Request for Admission of Amended Contention TC-1 (Concerning Environmentally Assisted Metal Fatigue) Project stage: Request ML0812603812008-05-0505 May 2008 Notice of Closed Meeting to Discuss the NRCs Assessment of Palisades Nuclear Plant Security Performance for the 2007 Calendar Year Project stage: Request ENOC-08-00028, J.A. FitzPatrick, Palisades, and Big Rock Point, Decommissioning Fund Status Report2008-05-0808 May 2008 J.A. FitzPatrick, Palisades, and Big Rock Point, Decommissioning Fund Status Report Project stage: Request NL-08-096, Request for Relief to Extend Inservice Inspection Interval for the Reactor Vessel Weld Examination and Request for License Amendment for Submittal of ISI Information and Analyses2008-07-0808 July 2008 Request for Relief to Extend Inservice Inspection Interval for the Reactor Vessel Weld Examination and Request for License Amendment for Submittal of ISI Information and Analyses Project stage: Request ML0820307962008-07-21021 July 2008 License Amendment Request for License Condition to Support Implementation of Extended In-Service Inspection Interval Project stage: Request ML0827603842008-10-0101 October 2008 Attachment 2, Marked Up Tech Spec Pages for License Amendment Request: Reporting of Reactor Vessel In-Service Inspection Information and Analyses in Support of Code Relief Request for Extension of Reactor Vessel Project stage: Request ML0827603832008-10-0101 October 2008 Attachment 1, Evaluation of the Proposed Change to License Amendment Request: Reporting of Reactor Vessel In-Service Inspection Information and Analyses in Support of Code Relief Request for Extension of Reactor Vessel Project stage: Request AEP-NRC-2008-41, Request for Relief to Extend the Inservice Inspection Interval for the Reactor Vessel Weld Examination and Request for License - Amendment for Submittal of ISI Information and Analyses2008-10-0909 October 2008 Request for Relief to Extend the Inservice Inspection Interval for the Reactor Vessel Weld Examination and Request for License - Amendment for Submittal of ISI Information and Analyses Project stage: Request ML0831505562008-11-14014 November 2008 Acceptance Review Letter Relief Request (ISIR-29) for Use of Risk-Informed Extension of the Reactor Pressure Vessel Inservice Inspection (ISI) Interval from 10 to 20 Years Project stage: Acceptance Review ML0833100062008-11-26026 November 2008 Draft RAIs Request for Relief to Extend the D.C. Cook Unit 2 Inservice Inspection Interval for the Reactor Vessel Weld Examination (ISIR-29) Project stage: Draft RAI ML0834300182008-12-10010 December 2008 Request for Additional Information Relief Request (ISIR-29) for Use of Risk-Informed Extension of the Inservice Inspection Interval for the Reactor Pressure Vessel Weld Examination Project stage: RAI ML0904304002009-01-14014 January 2009 Request to Extend Inservice Inspection Interval for the Reactor Vessel Weld Examination and Request for License Amendment for Submittal of ISI Information and Analyses - Response to Request for Additional Information Project stage: Response to RAI CP-200900009, Request for Relief to Extend the Unit 1 & 2 Inservice Inspection Interval for the Reactor Vessel Weld Examination and License Amendment Request 09-004 to Add License Condition for Submittal of ISI Information and Analyses2009-03-0404 March 2009 Request for Relief to Extend the Unit 1 & 2 Inservice Inspection Interval for the Reactor Vessel Weld Examination and License Amendment Request 09-004 to Add License Condition for Submittal of ISI Information and Analyses Project stage: Request ML0907207042009-03-13013 March 2009 E-mail Transmitting Verbal Authorization for Relief Requests ISIR-29 and ISIR-30 Project stage: Approval ML0912601632009-06-0808 June 2009 Evaluation of Relief Request (ISIR-29) to Extend the Third 10-Year Inservice Inspection Interval for Reactor Vessel Weld Examination Project stage: Approval ML0918907412009-07-0808 July 2009 Withdrawal of License Amendment Request: Reporting of Reactor Vessel Inservice Inspection Information and Analyses in Support of Code Relief Request for Extension of Reactor Vessel In-Service Inspection Interval Project stage: Withdrawal 2CAN100902, Request for Alternative ANO2-ISI-004 - Proposed Alternative to Extend the Third 10-Year Inservice Inspection Interval for Reactor Vessel Weld Examinations2009-10-29029 October 2009 Request for Alternative ANO2-ISI-004 - Proposed Alternative to Extend the Third 10-Year Inservice Inspection Interval for Reactor Vessel Weld Examinations Project stage: Request TMI-09-142, Request to Extend the Inservice Inspection Interval for Reactor Vessel Weld and Internal Examinations - Relief Requests RR-09-01 and RR-09-022009-10-29029 October 2009 Request to Extend the Inservice Inspection Interval for Reactor Vessel Weld and Internal Examinations - Relief Requests RR-09-01 and RR-09-02 Project stage: Request RC-11-0117, Request to Use Alternatives to ASME Code Requirements in VCSNS 3rd Ten Year Inservice Inspection Interval (RR-III-07) Risk-Informed Extension of Reactor Vessel In-Service Inspection Interval2011-08-16016 August 2011 Request to Use Alternatives to ASME Code Requirements in VCSNS 3rd Ten Year Inservice Inspection Interval (RR-III-07) Risk-Informed Extension of Reactor Vessel In-Service Inspection Interval Project stage: Other 2CAN041303, Additional Reactor Vessel Closure Head Weld Request for Alternative ANO2-ISI-004 Proposed Alternative to Extend the Third 10-Year Inservice Inspection Interval for Reactor Vessel Weld Examinations2013-04-24024 April 2013 Additional Reactor Vessel Closure Head Weld Request for Alternative ANO2-ISI-004 Proposed Alternative to Extend the Third 10-Year Inservice Inspection Interval for Reactor Vessel Weld Examinations Project stage: Request 2CAN111305, Unit 2, Response to Request for Additional Information Related to Relief Request ANO2-ISI-0042013-11-11011 November 2013 Unit 2, Response to Request for Additional Information Related to Relief Request ANO2-ISI-004 Project stage: Response to RAI AEP-NRC-2018-51, Request to Extend the Inservice Inspection Interval for Reactor Vessel Weld Examination - Relief Request ISIR-4-082018-08-0101 August 2018 Request to Extend the Inservice Inspection Interval for Reactor Vessel Weld Examination - Relief Request ISIR-4-08 Project stage: Request 2008-05-08
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March 4, 2008 Lawrence G. McDade, Chair Dr. Kay D. Lathrop Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 190 Cedar Lane E.
Mail Stop: T-3 F23 Ridgway, CO 81432 Washington, D.C. 20555 Dr. Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating, Units 2 and 3)
Docket Nos. 50-247-LR/286-LR
Dear Administrative Judges:
The NRC Staff wishes to provide notice of the following new information that will be presented by the Staff during oral argument on the admissibility of contentions next week.
- 1.
In the Staffs response to contentions, filed on January 22, 2008, the Staff did not oppose the admission of New York Contention 261 or Riverkeeper Contention TC-1,2 both of which concern the manner in which metal fatigue was addressed in Entergys license renewal application (LRA). The Applicant has provided new information, however, which warrants that the Staffs response to those contentions be modified. Specifically, on January 22, 2008, the 1 See NRC Staffs Response To Petitions For Leave To Intervene Filed By (1) Connecticut Attorney General Richard Blumenthal, (2) Connecticut Residents Opposed To Relicensing Of Indian Point, And Nancy Burton, (3) Hudson River Sloop Clearwater, Inc., (4) The State Of New York, (5)
Riverkeeper, Inc., (6) The Town Of Cortlandt, and (7) Westchester County (NRC Staff Response to Connecticut, et al.), dated January 22, 2008, at 77-78.
2 Id. at 115-118.
Judge McDade March 04, 2008 Judge Lathrop Judge Wardwell Applicant submitted LRA Amendment 2,3 in which it amended pertinent portions of the LRA in which, inter alia, it provided specific commitments to manage fatigue using the existing Fatigue Monitoring Program under 10 C.F.R. 54.21(c)(1)(iii) rather than a program for which details would be submitted in the future, and provided additional information regarding its calculations and quality assurance.4 Based on this revision to the LRA, the Staff has determined that the LRA omissions alleged in New York Contention 26 and Riverkeeper Contention TC-15 have been cured. Accordingly, the Staff has concluded that these two contentions are now moot and should be rejected.6
- 2.
The Staff has determined that the following statement, which appears in the Staffs response to Cortlandt Contention Misc-2 and WestCAN/PHASE Contention 44, is erroneous and should be stricken:
Further, a licensee who has filed a timely renewal application and has not yet received a final determination on the LRA does not need to file the final decommissioning plan and application for termination until one year after a final determination on the LRA is made. 1991 Statement of Consideration, 56 Fed.
Reg. at 64,968-69.7 3 See Letter from Fred R. Dacimo (Entergy) to NRC Docket Control Desk, dated January 22, 2008 (
Subject:
License Renewal Application Amendment 2) (Entergy Letter NL-08-021).
4 See id., Attachment 1, passim.
5 See "New York State Notice of Intention to Participate and Petition to Intervene," dated November 30, 2007; at 230-32; Riverkeeper, Inc.'s Request for Hearing and Petition to Intervene in the License Renewal Proceeding for the Indian Point Nuclear Power Plant, dated November 30, 2007, at 12-13.
6 Both New York and Riverkeeper are aware of the LRA amendment. Riverkeeper has stated that it intends to review the LRA Amendment and submit any revisions to Contention TC-1 that are warranted by March 7, 2008. See Riverkeeper, Inc.'s Reply to Entergy's and NRC Staff's Responses to Hearing Request and Petition to Intervene, dated February 15, 2008, at 4. The State of New York has indicated its awareness of the LRA amendment, but has not stated whether it plans to file a new or amended contention based on the new information. See New York State Reply in Support of Petition to Intervene, dated February 22, 2008, at 126-30. In the event that new or amended contentions are filed, they would be governed by the requirements of 10 C.F.R. § 2.309(f)(2).
7 See NRC Staff Response to Connecticut, et al., at 131; NRC Staff Response to Petitions for Leave to Intervene Filed by (1) Westchester Citizens Awareness Network, [et al.] (NRC Staff Response to WestCAN, et al.), dated January 22, 2008, at 102.
Judge McDade March 04, 2008 Judge Lathrop Judge Wardwell This correction, however, does not alter the Staffs previous conclusion that these contentions are inadmissible, in that they raise issues that pertain to the current operating license and are beyond the scope of this proceeding. See NRC Staff Response to Connecticut, et al., at 131; NRC Staff Response to WestCAN, et al., at 102.
The Staff will be prepared to respond to questions concerning these matters at the oral argument next week, concerning the contentions admissibility.
Respectfully submitted,
/RA/
David E. Roth Counsel for the NRC Staff
/RA/
Kimberly A. Sexton Counsel for the NRC Staff cc: Service List