ML081300762

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G20080330/LTR-08-0269/EDATS: SECY-2008-0280 - Lisa Rainwater Ltr. May 20, 2008 Meeting - NRCs Groundwater Public Meeting for Indian Point Nuclear Generating Unit Nos. 2 and 3
ML081300762
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 05/06/2008
From: Rainwater L
Riverkeeper
To: Klein D
NRC/Chairman
References
EDATS: SECY-2008-0280, G20080330, LTR-08-0269, SECY-2008-0280
Download: ML081300762 (14)


Text

EDO Principal Correspondence Control FROM:

DUE: 05/1G/08 EDO CONTROL: G20080330 DOC DT: 05/06/08 FINAL REPLY:

Lisa Rainwater, PhD Riverkeeper Chairman Klein FOR SIGNATURE OF GRN CRC NO: 08-0269 Collins, RI DESC:

ROUTING:

May 20, 2008 Meeting - NRC's Groundwater Public Meeting for Indian Point Nuclear Generating Unit Nos.

2 and 3 (EDATS: SECY-2008-0280)

DATE: 05/08/08 Borchardt Virgilio Mallett Ash Ordaz Cyr/Burns

Leeds, NRR
Sheron, RES
Williams, OEDO ASSIGNED TO:

RI CONTACT:

Collins SPECIAL INSTRUCTIONS OR REMARKS:

Immediate release to public per SECY via EDO thru DPC.

Sew - uOK P - (ZA 0S : S

- 0 1

EDATS Number: SECY-2008-0280 Source: SECY GeealIfrmto Assigned To: Region I OEDO Due Date: 5/16/2008 5:00 PM Other Assignees:

SECY Due Date: 5/16/2008 5:00 PM

Subject:

May 20, 2008, Meeting - NRC's Groundwater Meeting for Indian Point Nuclear Generating Unit Nos. 2 and 3 (Docket Nos.50-003, 50-247 and 50-286)

==

Description:==

CC Routing: RES; NRR ADAMS Accession Numbers -

Incoming: NONE Response/Package: NONE Othe Ifraio Cross Reference Number: G20080330, Ltr-08-0269 Related Task:

File Routing: EDATS Staff Initiated: NO Recurring Item: NO Agency Lesson Learned: NO Roadmap Item: NO Proes Infomaio Action Type: Letter Priority: Medium Sensitivity: None Signature Level: Region I Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions: Immediate release to public per SECY via EDO thru DPC.

Originator Name: Lisa Rainwater, PhD Date of Incoming: 5/6/2008 Originating Organization: Riverkeeper Document Received by SECY Date: 5/8/2008 Addressee: Chairman Klein Date Response Requested by Originator: NONE Incoming Task Received: Letter Page 1 of I

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: May 08, 2008, 09:42 PAPER NUMBER:

ACTION OFFICE:

LTR-08-0269 LOGGING DATE: 05/07/2008 EDO Phd Lisa Rainwater van Suntum (RiverKeepers)

NY AUTHOR:

AFFILIATION:

ADDRESSEE:

CHRM Dale Klein

SUBJECT:

May 20, 2008 Meeting -- NRC's Groundwater Public Meeting for Indian Point Unites 2 & 3, Docket Nos.50-003, 50-247 and 50-286 ACTION:

DISTRIBUTION:

LETTER DATE:

ACKNOWLEDGED SPECIAL HANDLING:

Direct Reply RF, SECY. to Ack 05/07/2008 No Immediate release to the public via SECY/EDO/DPC Staff should respond to letter before the May 20th public meeting on Indian Point Groundwater NOTES:

FILE LOCATION:

ADAMS 05/16/2008 DATE DUE:

DATE SIGNED:

EDO -- G20080330

(I7 Dale Klein Chairman U.S,_ Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockvi1I6, Maryland 20852-2738 Re: May 20, 2008 Meeting -- NRC's Groundwater Public Meeting for Indian Point Nuclear Generating Unit Nos& 2 and 3' Do'ckei Nos.50-003, 50-247 and 50-286 May6,2008

Dear Chairman.Klein:

`

We are writing'onceagain o:D behalf of Riverkeeper and its members to express our cohcem oyerthe Commission's continued failure'to properly notify the public, in a timely manner of upcoming opportunities for. public participation at NRC meetings. The fiost recent exar,'plteinvolvesthe above-referenced'meeting between the NRC and Entergy

'regarding the ongoing radio'active leak at the Indian Point Nuclear Generating Units.

On several de*asions we have' made formal and informal requests of the Region I office to" provide. up to three weeks notification for such meetings-in order t6, allow Riverkeeper and bthers - includingthe media - enoughtime to notif the publi6 of these meetings.

The operation of Indian Pbifit;.along With Entbrgy's bid for a twenty-year license extension continues to be of great concern to Riverkieper, New York-State, and.the ptiblic. The.NRC should be doing i*verythingin its powerto raise public..awareness of its efforts'to oversee and mitigate this radioactive environmential contamination,.

Unfortunately, this does not appear-to be the case.

Riverkeeper continues t6 take a lead role in: disseminating notice.of such.meetings to a

..large number of local citizens and our own members, through pres's releases and. e-mail

-alerts. To give us such a short window of opportunity to disseminate information, parficularly durihg.A tirje 6f year'when'.many families are dealing with graduations and the lead-up to Memoria.lDay *veekend;:creates the p, pearance of afederal agency purposely tryingto limit public involvement in its regulatory affaiis. Such an.approach" only deepens the public's-mistrust and sense of disempowerment from the regulatory process.

'828 South Broadway, Tarrytown, NY 1o591

  • 914.478.45o1
  • f: 9L4.478.4527 ww.riverkeeper.org I

E OU OIB SEB

'AD.i

In addition, Riv~rkeeper has repeadtedly* requested that these types of safety-telated


meetings.

are-a-Category.

3.Meeting

.to, allow thet'fullest participation

,by-the public.

.(See.

Mat ahed letter dated November 18, 2005 td Sam Collins, Regional A-ministratr) The

_ ongoinradioactive leak~age-of tritiunm and strontium-90 intg the gnou yatr.and' HudsonRiver Is an issuerthat requires not only timedly otification of slafed.meetingsybut that the public also has a riht: to raise conceris with the federal agency that oversees the plant's operations as well as the company that owns'and operates it. The cuqrent agenda allows for a mere 30 minutes for the public to ask-questions during each session.

The high level of ptiblic interest and concern with this issue was'demonstrated or4 March 28, 2006,..whennearly 500 people attended the NRC's first, and only publi6.meeting to date on the.Indian Point groundwater contamination issue. In fact, the turnout.was so "high that some people were turned away, resulting i'q theNRC holding subsequent public meetings on Indian Point atra larger venue, The leaks at Indian.Point continue to be of great. concern,, but due to the short hotice and type 6f meeting.proposed by NRC Region 1, Riverkeeper is skeptical that many will be.able lb attend.

I urge you to revise the NRC's current method. of establishing dates for meetings that deal with safety and environmental issues of greit concern to the public. I also formally request that you change the up.qoming meeting from Category 1 to Category 3, in orddr to Iproperly accommodate the high level of ptiblic interest in this issue, and to meet your statutory obligations under the Atomic Energy Act to encourage and facilitate open public participation in the NRC's regulatory ýrocess.

I look f6rward to your response to our concerns.

Sincerely,

'Lisa Rainwater PhD Policy Director PC:.

Sam Collins, Regional Administrator Sea1't6r Hillary Rodham Clinton Senator Charles Schiimer Congressman John Hall-Congressman Elliot Engel '

0 Congresswoman Nita Lowey -

Congressman Maurice Hinchey t

-*1.*

  • 1*

Mr. Samuel Collin, Regional Admihistrator.

U.S. Nuclear 'Regulatory Comniision.

Region.

S.475 Allendal.Road King of Prussia, PA 1940 14.

5 Novemberi 1, 2005-RE, Follow-up'to kiverke6per's official requests atlI-i 1-605 NRC mieeting'in Peekskill,-NY

'Dear Mr. Collin Riverkeeper formally requests tht the fo"oWing steps be taken to. aug.. ent public participation at NRC meetings rgardin Indian Point, based on our.comments a. the

.Indian Point Siren-Sy Backup and Reliability"..meeting on 11-16-05 in Peek-kil...We askthat:

" M.S

1. An Rtegory 3 Meeting as defined in [Federal Register: May 28,2002 (Volume 67, Number 102)] [Page 36520-3 6924] be held at a public fficility within the.10-mile EPZ of Indian Point-to disouss the ongoing leak6f radioactive liquids onsite'at die.

'Indian Point Energy Center.

2. Future'.NRCfIndiAn Point meetings be held-at an acesbe.iilcfacility, not. a*

privýate-restaurant adjacerit to Indian Point, -and, in different locations within the 10-mile EPZ, such -as White Plains, th6 county seat, NRC sign-in sheets provide a place for home address and/or eihail address in ordNi that attendees canl be iiotified by the NRC of flitute public meetiiig.

I ibok forwid to'a prompt response from your office regarding this matter.'

Sincerely P

LisaRainwatervan SuntuPhD.

Indian Point Campaign Director s

Cc:

ChairmanNils Diaz, N"clear Regulatory Co"niflission Eric Leeds, Special Project$ Branch Division'of FPu~l*CycIe.Safety~and Safeguards, NMS$

Riverkeper frmallyrequeis th~i tlaefo!10;ving teps b 4take to w

augm kent pebicprt'ctonrg

VRIERKEEPEI&

Nils.J. Diaz, PhD.D 01 Chairman U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20,852:-273.8 Re: 'November 16, 2005 Meeting with Enntdrgy Nuclear Qperations, Inc., Indian Point Nuclehr.enerating.Unit Nos. 2 and 3, Docket Nos.. 50-247, '50-286

Dear Chairman Diaz:

I am writing on behalf of Riverkeeper and'its membeis to express My, concem over the "Commission's continuing failure to lroperly notify the public. in a timely manner of upcomliug opportunities for public participation ait NRC meetings. The most recent.

. exampleinvolves the above-referenced meeting between the NRC and Entergy regarding.

gntergy's compliance with. the requirdmentsof the Energy Poli'cy. Act of 2005, and. their.

  • .' p-is to address chronic.proble m's with the ANS system at iridian-Point. The operability, of the emergency siren. system at Indian Point is'a matter of great concern to'all citizens li'ving within the ten mile EPZof ihe plaht, who-are dependent on the sirens' ability to

provide initia.'ndtification of an emergeficy,'

  • On February 23, 2005, Riverk6eper and fifteeu other organizations, including regional elepit officials,:petjtioned the N'C to require plant.owniers,.incliding Entergy, to provide backup power to emergency sirens.

TheComrnmission denied our petition, which led to-Senator Hillary Clinton's in'folven'ment and the eventual amendment tofhe.2005 Energy Act requirinigbackup power to sirens

. for any licensed nuclear power plants located where there is a permanent population,.

.in excess. of 15,000,000 within a 50-mile radius of thenuclkar power plant, no later' thari 18 months after enactment of this Act."

Riverkeeper qontinues'to plaýy a crucial role iri the public's campaign to epsure that the siren sys'tefn at Indian Point is fixed. Despite thisrole,. we were' never notified of the tipcomiing-meeting, which deals exclusively. with the sireriis'sue. Instead, a mefnber of our staff discovered a.mention of the,meeting in the Region I. 'Deviation.Memo' of,."

October 28, 2005 to the EDO, requesting enhanced oversight of Indian Point due to the'

iiten issue and the IP2 spent fuel pool leak. 'This document, was posted on the NR C's Indian Point website, http://www.nrc.'gov/reactois/plant-specific-ite's/indian-ooit-7.

issuds.htnfl, on October.2,_.Subsequent enquiries by:our s(aff to the NRC fo-nd that.the 82I8'South Broadway, Tarrytown, NY 10591 94,47f:0 94.478.4527 www.riverkeeperorg

I meeting notice was posted on the NRC's website under the PublicMeeting Calendar on October. 4, 2005. An examination of the enclosure list to the memo announcing the,

.meeting revealed that-the only member of an-advocacy group-directly -notifi-d-wasJim.

Riecio of Greenpeace in Washifigion, DC. -Only three members 'fe NewYork State '

o

-. govermnent-were-notified,-all:based-in.Albany,--The-only-16cal-elected-official-on the list was the mayor of Buichanan,-N.Y. the towtn in Which Indian Point is located. Everyqne

, else slated to receive-this notice either w-rked for the NRC or Entergy..-

To be clear, Region I of the NRC routinely includes Riverkeeper and other local adyocacy groups in its distributipn of a wide range of documents relating to Indian Point, including Inspection Reports, License Amendment applications, and performance

,reviews.' In addition, a member of Riverk~eper's staff has been. in regular contact with several officials at NRC headquarters since Octob.er 4 by phone or email, and the upcoming meeting Was never mentioned.

Riv&keeper can take a leadrole in disseminating notice of such a meeting to a large number of local citizens and our own members, through press releases and e-mail alerts.

To leave this organization out ofthe loop, for whatever reason, does th6 NRC and the licensee a disservice, and creates the appearance.of a federal agency purposely trying to,,

.limit public involvement in its regulatory affairs. Such an approach is unacceptable, because.it only. seryes to deepen the public's mistrust and sense:0of disdmpowerrher-Itfrom the regulatory prooýss. Indeed, the dearth of public rotice is suiprising in this case. One would think the NRC and-Entergy would welcome aslarge public turriout to a meeting announcing a-plan to resolve the ANS problems. at Indian Point. To reiterate, a single

. posting in one section of the NRC's website is iiisufficient public notice. Including Riverkeeper in this type-of correspondence is essential to building an atmosphere of transparency, ir* which the local bitizens affected by these decisions feel'that their participation matters..Unfortunately, this.has not been the 6ase.-

Thank ybu for your time. I urgeyou to consider a renewed effort to increase public participation in these matters, and I look forward'to.yQur response to my concerns.

Sincerely, Alex Matthiessen Hudson Riverkeeper

& President

  • ./

/

1

May 5, 2008 MN No.08-025 U.S. NUCLEAR REGULATORY COMMISSION REGION I NOTICE OF SIGNIFICANT MEETING Licensee:

Entergy Nuclear Northeast Facility:

Indian Point Energy Center, Units 1, 2, and 3 Docket No.50-003, 50-247 and 50-286 Date and Time:

May 20, 2008:

4:00 p.m. to 6:00 p.m., Informational Poster Presentations 6:30 p.m. to 10:30 p.m., Public Meeting Presentations Location:

Colonial Terrace 119 Oregon Road Cortlandt Manor, New York 10567

Purpose:

The purpose of this public meeting is to present the results of the NRC's most recent inspection and assessment of Entergy's performance relative to characterization of the contaminated groundwater conditions at Indian Point Energy Center, including radiological assessment, and remediation plans. Entergy will provide a description of the results of its Hydrogeophysical Site Characterization effort; and plans for continued monitoring of the groundwater conditions, and spent fuel removal and drainage of water from the Unit 1 spent fuel pool.

Attendees*:

NRC:

M. Dapas, Deputy Regional Administrator, Region I M. Gamberoni, Director, Division of Radiation Safety (DRS),

Region I J. White, Chief, Plant Support Branch 2, DRS, Region I E. Cobey, Chief, Projects Branch 2, Division of Reactor Projects (DRP), Region I J. Noggle, Senior Health Physicist, DRS, Region I T. Nicholson, Senior Technical Advisor, Office of Research S. Garry, Lead, Health Physics and Effluents Team, Office of Nuclear Regulation (NRR)

P. Milligan, Senior Technical Advisor, NRR P. Cataldo, Senior Resident Inspector, Indian Point Energy Center M. McLaughlin, State Liaison Officer, Region I D. Screnci, Public Affairs Officer, Region I R. Barkley, Technical Communication Assistant, Region I R. Conte, Chief, Engineering Branch 1, Region I

4 Entergy:

J.- Pollock, Site -Vice President, Indian Point Energy Center-D. Mayer, Director of Unit 1 and Special Projects T... Orlando,D irector--ofEngineering P. Conroy, Director of Nuclear Safety Assurance.

Public Participation:

This is a Category 1 Meeting. The public is invited to observe this meeting and will have opportunities to communicate with the NRC staff following the business portion, but before the meeting is adjourned.

Additional information relative to the NRC's Annual Assessment Process and the safety performance of Indian Point Nuclear Generating Unit 2 and Unit 3 can be found on the NRC's web site at: www.nrc.qov/NRR/OVERSIGHTIASSESS/index.html.

Meeting

Contact:

John R. White, Chief, Plant Support Branch 2 (610) 337-5114 E-mail: iohn.white(nrc..ov

  • Handicapped persons requiring assistance to attend the meeting shall make their requests known to the NRC meeting contact no later than two business days prior to the meeting. Attendance by NRC personnel at this meeting should be made known by May 15, 2008, via telephone to the NRC meeting contact.

Approved by:

IRA/

John R. White, Chief Plant Support Branch 2 Division of Reactor Safety cc w/encl:

Senior Vice President, Entergy Nuclear Operations Vice President, Operations, Entergy Nuclear Operations Vice President, Oversight, Entergy Nuclear Operations Senior Manager, Nuclear Safety and Licensing, Entergy Nuclear Operations Senior Vice President and CCO, Entergy Nuclear Operations Assistant General Counsel, Entergy Nuclear Operations Manager, Licensing, Entergy Nuclear Operations P. Tonko, President and CEO, New York State Energy Research and Development Authority C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law A. Donahue, Mayor, Village of Buchanan J. G. Testa, Mayor, City of Peekskill R. Albanese, Four County Coordinator S. Lousteau, Treasury Department, Entergy Services, Inc.

Chairman, Standing Committee on Energy, NYS Assembly Chairman, Standing Committee on Environmental Conservation, NYS Assembly Chairman, Committee on Corporations, Authorities, and Commissions M. Slobodien, Director, Emergency Planning cc w/encl:

4 P. Eddy, NYS Department of Public Service Assemblywoman Sandra Galef, NYS Assembly-T. Seckerson, County Clerk, Westchester County Board of Legislators A.Spano,._WVestchesterCounty-Executive-R. Bondi, Putnam County Executive C. Vanderhoef, Rockland County Executive E. A. Diana, Orange County Executive T. Judson, Central NY Citizens Awareness Network M. Elie, Citizens Awareness Network D. Lochbaum, Nuclear Safety Engineer, Union of Concerned Scientists Public Citizen's Critical Mass Energy Project M. Mariotte, Nuclear Information & Resources Service F. Zalcman, Pace Law School, Energy Project L. Puglisi, Supervisor, Town of Cortlandt Congressman John Hall Congresswoman Nita Lowey Senator Hillary Rodham Clinton Senator Charles Schumer G. Shapiro, Senator Clinton's Staff J. Riccio, Greenpeace P. Musegaas, Riverkeeper, Inc.

M. Kaplowitz, Chairman of County Environment & Health Committee A. Reynolds, Environmental Advocates D. Katz, Executive Director, Citizens Awareness Network K. Coplan, Pace Environmental Litigation Clinic M. Jacobs, IPSEC W. Little, Associate Attorney, NYSDEC M. J. Greene, Clearwater, Inc.

R. Christman, Manager Training and Development J.,Spath, New York State Energy Research, SLO Designee A. J. Kremer, New York Affordable Reliable Electricity Alliance (NY AREA)

4 cc w/encl:

M-J* Greene, Clearwater, Inc.

R. Christman, Manager Training and Development J. Spath, -New York. State Energy-Reesearch,_.SLO Designee.

A. J. Kremer, New York Affordable Reliable Electricity Alliance (NY AREA)

5 Distribution w/encl: (VIA E-MAIL)

Executive Director for Operations, OEDO (RIDSEDOMAILCENTER RESOURCES)

-DeputyExecutive-Directorfor-Reactor Programs,-OEDO-(RI DSEDOMAILCENTER R RESOURCES)

Director, Office of Nuclear Reactor Regulation, NRR (RIDSNRROD)

Deputy Director, Office of Nuclear Reactor Regulation, NRR/ADPR (RIDSNRROD)

RIDSNRRADRO RIDSNRRDIRS RIDSNRRDIRSLPAB RIDSNRRDORL RIDSNRRDORILpI1-1 RIDSNRRDORILpI1-2 Asst. General Counsel Materials Litigation and Enforcement, OGC (RIDSOGCMAILCENTER)

S. Collins, RA M. Dapas, DRA D. Lew, DRP J. Clifford, DRP S. Williams, RI OEDO R. Nelson, NRR E. Cobey, DRP D. Jackson, DRP B. Bickett, DRP T. Wingfield, DRP M. Kowal, NRR J. Boska, PM NRR J. Hughey, NRR C. Hott, DRP, Senior Resident Inspector, IP2 (Acting)

P. Cataldo, Senior Resident Inspector, IP3 A. Koonce, Resident Inspector, IP3 D. Roberts, DRS M. Gamberoni, DRS D. Screnci, PAO N. Sheehan, PAO N. McNamara, SLO M. McLaughlin, SLO Region I Docket Room (w/concurrences)

Regional Administrator Secretary, RI Deputy Regional Administrator Secretary, RI DRP Division Secretary, RI DRS Division Secretary, RI DNMS Division Secretary, RI DRM Division Secretary, RI Region I Receptionist PMNS Resource

Agenda NRC's Groundwater Public-Meeting Indian Point Nuclear Generating Unit 2 and Unit 3 May 20, 2008 4:00 pm to 6:00 pm, Informational Presentation Materials will be available for review and discussion with technical staff.

6:30 pm to 9:30 pm, Public Meeting Presentations relative to the investigation, assessment, remediation, and continued monitoring activities at Indian Point.

Introduction Presentation of Results of Entergy's Hydrogeological Site Characterization, Plans for Remediation and Long Term Monitoring Presentation of NRC's Regulatory Assessment of Entergy's Performance Short Break Question and Answers NRC Entergy NRC (10 minutes)

(30 minutes)

(40 minutes)

(10 minutes)

NRC and Entergy