ML080670286

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Letter from David E. Roth & Kimberly A. Sexton to Atomic Safety and Licensing Board
ML080670286
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 03/04/2008
From: Roth D, Sexton K
NRC/OGC
To: Lathrop K, Lawrence Mcdade, Richard Wardwell
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR
Download: ML080670286 (3)


Text

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