ML092050796
| ML092050796 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/24/2009 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Entergy Nuclear Indian Point 2, Entergy Nuclear Indian Point 3, Entergy Nuclear Operations, NRC/OCM |
| SECY RAS | |
| References | |
| 50-003-LT-2, 50-247-LT-2, 50-286-LT-2, 72-51-LT, IE License Transfer 2, Indian Point License Transfer 2, RAS 16092 | |
| Download: ML092050796 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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ENTERGY NUCLEAR OPERATIONS, INC.,
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Docket Nos. 50-003-LT-2 ENTERY NUCLEAR INDIAN POINT 2, LLC, and
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50-247-LT-2, and ENTERGY NUCLEAR INDIAN POINT 3, LLC.
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50-286-LT-2.
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72-51-LT (Indian Point Nuclear Generating Unit Nos. 1, 2,
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and 3).
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_________________________________________)
ORDER On July 30, 2007, as later supplemented, Entergy Nuclear Operations, Inc. requested that the NRC consent to the indirect transfer of control of the facility operating licenses for Units 1 and 2 of the Indian Point Station as described in an internal corporate restructuring plan.
(This restructuring plan also included the other Entergy plants, which are not at issue here.)
The NRC issued a Notice of Consideration and Opportunity for a Hearing for the Indian Point portion of the plan, 73 Fed. Reg. 2955-56 (Jan. 16, 2008), and two groups of petitioners filed petitions to intervene. The NRC Staff issued an Order approving the indirect transfer on July 28, 2008, subject to the outcome of the hearing. 73 Fed. Reg. 45,253 (Aug. 4, 2008) (Units 2 and 3); 73 Fed. Reg. 45,255 (Aug. 4, 2008) (Unit 1). See 10 C.F.R. § 2.1316(a). Both Orders stated that the approval would become null and void after a period of one year, but upon written application and good cause shown, such date may be extended by Order. Id.
Subsequently, the Commission found that the two groups did not have standing to intervene and terminated the proceeding. Entergy Nuclear Operations, Inc., CLI-08-19, 68 NRC 251 (2008). As is customary, the NRC Staff did not participate in the proceeding before the Commission. See 10 C.F.R. § 2.1316(b).
On June 3, 2009, Mr. Sherwood Martinelli sent an Email to the Office of the Secretary and the Chairman referencing a newspaper article dated June 2, 2009, which described Entergys intent to seek an extension of the one year period. Mr. Martinelli stated that he
2 opposed the extension of the period in which Entergy could complete its corporate reorganization and he asked that, if the Commission decided to grant the request, that he be given a hearing on the extension. Mr. Martinelli did not submit any proposed contentions and did not serve his request on either the NRC Staff or Entergy. Entergy has indeed submitted such an extension request. See Letter dated May 15, 2009 (ML091420271), as corrected by Letter dated May 29, 2009 (ML091600059).
The Commission requests that Entergy and the NRC Staff file Responses to Mr.
Martinellis request for a hearing, within 10 days of the date of this Order, that address whether the proposed extension (i.e., the extension in the effectiveness of the NRCs approval of the indirect transfer) is effectively a license amendment or change in a license condition requiring the opportunity for interested persons to request a hearing.1 Mr. Martinelli may file a Reply within 7 days after the date of any Response. Mr. Martinellis email will be served on Entergy and the Staff. After review of any Responses and any Reply, the Commission will issue an order that addresses whether the proposed extension requires the opportunity for interested persons to request a hearing.
This order is issued pursuant to my authority under 10 C.F.R. § 2.346(a).
For the Commission
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland this 24th day of July, 2009.
1 The Staff may respond on this threshold issue without becoming a party to any subsequent proceeding in this matter. The Commissions separation of functions rule, 10 C.F.R. § 2.348 does not apply in this proceeding.
3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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ENTERGY NUCLEAR OPERATIONS, INC.
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Docket Nos.
50-003-LT-2
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50-247-LT-2
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50-286-LT-2 (Indian Point Nuclear Generating Station,
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72-51-LT Units 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY DATED JULY 24, 2009 AND THE E-MAIL REQUEST OF SHERWOOD MARTINELLI DATED JUNE 3, 2009, have been served upon the following persons by Electronic Information Exchange and to persons marked with
- by electronic mail.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 E-mail:
OGCMailCenter@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Beth N. Mizuno, Esq.
David E. Roth, Esq.
Brian Harris, Esq.
Andrea Z. Jones, Esq.
E-mail:
bnm1@nrc.gov der@nrc.gov brian.harris.@nrc.gov andrea.jones@nrc.gov bpn1@nrc.gov
4 William C. Dennis, Esq.*
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Email: wdennis@entergy.com Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Martin J. ONeill, Esq.
Mauri T. Lemoncelli, Esq.
Counsel for Entergy Nuclear Operation, Inc.
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksutton@morganlewis.com pbessette@morganlewis.com martin.oneill@morganlewis.com mlemoncelli@morganlewis.com Sherwood Martinelli*
351 Dyckman Street Peekskill, NY 10566 E-mail: SMartinelliGHS@aol.com
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 24th day of July 2009