ML093510194
| ML093510194 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/20/2009 |
| From: | Riesel D Sive, Paget & Riesel, PC, Town of Cortlandt, NY |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, RAS E-304 | |
| Download: ML093510194 (9) | |
Text
,
- DOCKETED USNRC USNRC November 20, November 2009 (3:00pm) 20.2009 (3:00pm)
OFFICE OF SECRETARY SECRETARY UNITED UNITED STATES STATES OF AMERICA AMERICA RULEMAKINGS AND RULEMAKINGSAND NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION COMMISSION ADJUDICATIONS STAFF ADJUDICATIONS STAFF BEFORE BEFORE THE ATOMIC ATOMIC SAFETY AND LICENSING LICENSING BOARD Matter of In the Matter of )
ENTERGY NUCLEAR OPERATIONS, INC.
ENTERGY )) Docket Nos. 50-247-50-247- LR and 50-286-LR 50-286-LR (Indian Point Nuclear Generating )
Units 2 and 3) November 20, 2009
)
TOWN OF CORTLANDT'S CORTLANDT'S ANSWERANSWER TO HUDSON RNER RIVER SLOOPSLOOP CLEARWATER, INC.'S PETITION PRESENTING PRESENTING SUPPLEMENTAL CONTENTIONS EC-7 AND SC-l SUPPLEMENTAL CONTENTIONS SC-1 CONCERNING CONCERNING STORAGE STORAGE OF HIGH-LEVEL HIGH-LEVEL RADIOACTIVE RADIOACTIVE WASTE AT INDIAN INDIAN POINT Preliminary Preliminary Statement Statement The Town of Cortlandt ("Cortlandt") respectfully answer-in response to and respectfully submits this answedn in support of Hudson River River-Sloop Sloop Clearwater, Inc.'s ("Clearwater") Petition to add two new contentions concerning the storage of high-level contentions concerning high-level radioactive waste at Indian Point Nuclear Nuclear Generating Units 2 and 3 ("Indian Point"), pursuant pursuant to 10 C.F.R. § 2.309(h). Cortlandt's Cortlandt's residents live in close and surrounding proximity proximity to the Indian Indian Point facility, and it is therefore understandable that its citizens have a heightened concern that Indian Point is "safe."
understandable "safe." Of utmost concern are the health of its residents and the safety of the surrounding surrounding environment.
The storage and disposal disposal of nuclear waste in spent fuel pools is a significant significant issue, and one that poses serious health and environmental environmental concerns concerns that require require analysis under the National Environmental Policy Act ("NEPA"). See 42 U.S.c. U.S.C. §§ 4331 eet seq.
seti. As As-raised raised by Clearwater's Clearwater's two new contentions, the recent votes and official statements statements by the Commissioners Commissioners of the Nuclear Regulatory Commission Commission ("NRC") make clear that spent fuel waste will remain at nuclear nuclear facilities for the foreseeable foreseeable and indefinite future. Ongoing Ongoing and unmonitored leaks of of radioactive radioactive effluents effluents leaking leaking from Indian Point's spent fuel pools into the groundwater and
Hudson River will likely continue, continue, and be compounded, as a result of spent fuel waste remaining remaining on-site for an indefinite period of time. Such impacts were not analyzed analyzed in Entergy's or the NRC Staff's environmental Staff's environmental analyses.
Argument Argument I. Clearwater's Petition for Admission of New Contentions The Board Should Grant Clearwater's Regarding Regarding the Storage Radioactive Waste at Indian Point Storage of High-Level Radioactive Clearwater's Clearwater's contentions state that:
(1) The environmental analysis carried out to assess the potential impacts of environmental analysis of relicensing Indian Point Units 2 and 3 is inadequate because relicensing because it provided an potential impacts of additional waste storage on site, insufficient analysis of the potential insufficient alternative methods of accomplishing such storage, and potential the alternative potential alternatives alternatives to additional waste storage on the site, including including the no-action alternative.
(2) The license (2) application requesting the relicensing of license renewal application Indian Point Units 2 ofIndian and 3 is inadequate inadequate because becalise it provides provides insufficient analysis of the aging management management of the dry casks and spent fuel pools that could be used to store waste on the site in the long term. In In addition, both the applicant and the NRC have failed to establish Staffhave Staff that any combination of such storage will provide adequate protection of safety over adequate over the long term.
Clearwater Petition, at 15 (Oct. 26, 2009, amended Nov. 6,2009).
Clearwater Clearwater based its new 6, 2009). Clearwater contentions on the September contentions Commissioners of the Nuclear Regulatory September 2009 votes by the Commissioners Commission ("NRC"),11 which were Commission were part of a rulemaking proceeding proceeding commenced commenced on October October 9, 2008 and in response to a NRC Staff proposal proposal contained SECY-09-0090.
contained in SECY SECY-09-0090, 0090. See SECY 0090, Final Update of the Commission's Confidence Decision (June Commission's Waste Confidence 15, 2009) ML091660274 (June 15,2009) ML091660274
("SECY-09-0090").
("SECY Commissioners officially stated that they are unable to 0090"). Two of the three Commissioners determine when off-site storage will be available for spent fuel waste currently stored on-site at off-site storage nuclear facilities. These statements nuclear Confidence Rule, which states that there statements counter the Waste Confidence I See Notation Vote, See Notation Vote, Response Response Sheets of Chairman laczko, Commissioner Klein, and Commissioner Jaczko, Commissioner Commissioner Svinicki at http://www.nrc.gov/reading-rm.doc-
. (publicly released Sept. 25 and 28, 2009), available ill: http://www.mc.gov/reading-rrn.doc-collections/commission/cvr/2009/.
collections/comrnissionlcvrl2009/.
2
will be a reliable reliable and safe and permanent permanent off-site disposal facility to accept accept spent nuclear waste by 2025. See 10 C.F.R. § 51.23; 73 Fed. Reg. 59,551 59,551 (Oct. 9, 2008) (Waste Confidence Decision Update); 73 Fed. Reg. 59,547 59,547 (Oct. 9, 2008) (Temporary (Temporary Storage Rule).
II. Clearwater's Contentions are Admissible Clearwater's Admissible under 10 C.F.R. § 2.309 Clearwater has provided a sufficient Clearwater sufficient basis for its new contentions. Specifically, because the Commission Commission is unable to determine when off-site storage will be available for facilities' facilities' waste, a new or supplemental supplemental environmental environmental analysis must be conducted by NRC. NRC has relied on the Waste Waste ConfidenceRule Confidence.Rule to avoid analyzing the impacts impacts of waste stored in spent fuel pools in an applicant's Environmental Environmental Report and in the NRC Staffs Staff's Supplemental Environmental Environmental Impact Statement ("EIS"), pursuant Impact Statement NEPA?2 Under this rule, NRC presumed pursuant to NEPA.
that nuclear waste could could be safely stored for an additionaladditional thirty years after the plant was decommissioned. This presumptionpresumption was based on a permanent permanent waste repository being available available by 2025. However, Yucca Mountain, Mountain, the proposed proposed geologic repository repository for spent fuel waste, will not be opened and no such repository will be available by 2025. This information information was was not previously previously available available when Clearwater, or any of the other other parties or interested persons, filed their their original original Petitions to Intervene Intervene in 2007.
2 See 10 C.F.R. § 51.23:
2 See 10 C.F.R. § 51.23:
(a)
(a) The Commission has made a generic determination determination that, if necessary, spent fuel generated generated in any reactor reactor can be stored safely safely and without significant significant environmental environmental impacts for at least 30 years beyond the licensed life for operation (which may include the term of a revised or renewed license) license) of that reactor at its spent fuel storage basin or at either onsite or offsite independent independent spent fuel storage storage installations. Further, installations. Further, the Commission believes the Commission believes there is reasonable assurance that at least one minedgeologic mined geologic repository will be available available within the first quarter of the twenty-first twenty-first century, and sufficient sufficient repository capacity will .be be available available within 30 years years beyond the licensed licensed life for operation operation of any reactor to dispose of the commercial commercial high-level waste and spent spent fuel originating in such reactor and generated generated up to that time.
(b)
(b) Accordingly ... no Accordingly ... no discussion discussion of any environmental environmental impact of spent fuel storage in reactor reactor facility storage storage pools or independent independent spent fuel storage installations (ISFSI) installations (ISFSI) for the period period following the term of the reactor operating operating license or amendment, reactor combined combined license or amendment, or initial ISFSI licenselicense or or amendment for which application application is made, is required in any environmental environmental report, environmental environmental impact impact statement, environmental environmental assessment, or other analysis prepared in connection connection with the issuance or amendment of an operating license for a nuclear nuclear power reactor ....
33
The Commissioners now accept the proposition that a permanent waste repository will not be available by 2025. Commissioner Svinicki stated that she believes "that such disposal believes "that capacity capacity will be provided by the federal government at a future time" but further information and comment are needed to "best be informed" public comment informed" about the future of the federal disposal disposal SECY-09-0090.) Commissioner Klein's comments also program. (Svinicki Comments on SECY-09-0090.)
demonstrate demonstrate that NRC cannot cannot make a reasonable assurance that an off-site waste repository repository will be available available in the near, or definite, future. (See Klein Comments on SECY-09-0090.)
SECY-09-0090.) This information information was not previously available, and resolution of this issue will likely require a reevaluation of the safety and environmental reevaluation environmental issues associated with storing spent fuel at Indian Point beyond the thirty year period after the facility ceases operations. As such, a supplemental supplemental EIS, as contended contended by Clearwater, must be prepared. (See(See Clearwater Petition, at 32.)
32.)
Clearwater's Clearwater's new contentions are timely and raise material disputes. Clearwater Clearwater submitted submitted its petition upon new, previously previously unavailable information information within thirty days of the availability availability of the new information, the Commissioners' Commissioners' Notation Votes and Response Sheets.
See 10 C.F.R. § 2.309(f)(2). Additionally, neither NRC Staff nor Entergy will likely agree that the above information information is new and/or significant. As such, and as stated further in Clearwater's Clearwater's Petition, the factual and legal disputes raised will need to be resolved through a hearing. See Technology (Georgia Tech Research Reactor),
Georgia Institute of Technology Reactor), CLI-95-12, CLI-95-12, 42 N.R.C. 111,111, (1995) ("only a 'minimal 118 (1995) 'minimal showing' showing' that material facts are in dispute" dispute" is required at the contention admission stage).
4
Conclusion Conclusion For the For set forth above, the reasons set above, Cortlandt respectfully requests that Cortlandt respectfully that the Board admit the Board admit Clearwater's Clearwater's proposed proposed new contentions.
Behalf of Linda On Behalf the Town of Cortlandt, and the Town Supervisor of the Linda D. Puglisi, Supervisor Town of of Cortlandt Dated:
Dated:
November 20, 2009 November 2009 New York, New New New York Respectfully Submitted, Respectfully Submitted,'
Thomas F. Wood Thomas Wood Town Attorney Town Attorney Town of Cortlandt Cortlandt And Sive, Paget & P.C.
& Riesel, P.c.
BY:~
By:J Daniel Riesel 460 Park Avenue New York, New York York 10022 10022 55
UNITED STATES OF AMERICA AMERICA NUCLEAR NUCLEAR REGULATORY REGULATORY COMMISSION COMMISSION BEFORE THE ATOMICATOMIC SAFETY AND LICENSING LICENSING BOARD In the Matter of of )
ENTERGY NUCLEAR OPERATIONS, ENTERGY OPERATIONS, INC. )) Docket Nos. 50-247-50-247- LR and 50-286-LR 50-286-LR (Indian Point Nuclear Generating Generating ))
Units 2 and 3)3) November November 20, 20, 2009 2009
))
CERTIFICATE OF SERVICE CERTIFICATE SERVICE I hereby certify that on November 20,2009 20, 2009 a true copy of the foregoing TOWN OF ofthe CORTLANDT'S CORTLANDT'S ANSWER ANSWER TO HUDSON RIVER SLOOP CLEARWATER, CLEARWATER, INC.'SINC.'S PETITION PETITION PRESENTING SUPPLEMENTAL CONTENTIONS PRESENTING SUPPLEMENTAL CONTENTIONS EC-7 AND SC-1 SC-l CONCERNING CONCERNING STORAGE OF HIGH-LEVEL HIGH-LEVEL RADIOACTIVE RADIOACTIVE WASTE WASTE AT INDIAN POINT, was served by electronic electronic mail and by first class mail upon the following parties and participants:
Lawrence G. McDade, Chair Lawrence Atomic Safety and Licensing Licensing Board Panel Administrative Judge Administrative U.S. Nuclear Nuclear Regulatory Commission Commission Atomic Safety Safety and Licensing Licensing Board Board Panel Mail Stop: T-3 T-3 F23 Mail Stop - T-3 T -3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Nuclear Regulatory Regulatory Commission Washington, Washington, D.C. 20555-0001 Office Commission Appellate Office of Commission E-mail: Lawrence.McDage@nrc.gov Lawrence.McDage@nrc.gov Adjudication Adjudication U.S. Nuclear Nuclear Regulatory Commission Regulatory Commission Dr. Richard Richard E. Wardwell Mail Stop: O-16G4 O-16G4 Administrative Judge Administrative Washington, D.C. 20555-0001 Atomic Safety and Licensing Board Panel OCAAMAIL@nrc.gov E-mail: OCAAMAIL@nrc.gov Mail Steip Stop - T T-3
-3 F23 U.S. Nuclear Regulatory Regulatory Commission Office Secretary
- Office of the Secretary Washington, D.C. 20555-0001 Washington, D.~. Attn: Rulemaking Rulemaking and Adjudications Staff Adjudications Staff E-mail: Richard.
Richard.Wardwell@nrc.gov Wardwell@nrc.gov O-16G4 Mail Stop: 0-16G4 U.S. Nuclear Regulatory Regulatory Commission Commission Dr. Kaye D. Lathrop Lathrop Washington, D.C. 20555-0001 Administrative Administrative Judge HEARINGDOCKET@nrc.gov E-mail: HEARINGDOCKET@nrc.gov Atomic Safety and Licensing Board Panel 190 Cedar Lane E.
Ridgway, CO 81432 81432 E-mail: Kaye.Lathrop@nrc.gov Kaye.Lathrop@nrc.gov
Sherwin Sherwin E. Turk, Esq. Zachary Zachary S. S. Kahn, Esq. & & Josh Kirstein, Esq.
Andrea Andrea Z. Jones, Esq. Law Clerks Beth N. Mizuno, Esq. Atomic Safety and Licensing Board Panel David E. Roth, Esq. Mail Stop: T-3 F23 Brian G. Harris, Esq. U.S. Nuclear Regulatory Regulatory Commission Commission Office of the General General Counsel Washington, D.C. 20555-0001 Mail Stop 0-15D21 Zachary.Kahn@nrc.gov E-mail: Zachary.Kahn@nrc.gov U.S. Nuclear Regulatory Commission Commission Josh.Kirstein@nrc.gov Josh.Kirstein@nrc.gov Washington, D.C. 20555 20555 E-mail: Sherwin.turk@nrc.gov Sherwin.turk@nrc.gov Joan Leary Matthews, Matthews, Esq.
Andrea.j ones@nrc.gov Andr-a.jones@nrc. gov Senior Attorney for Special Special Projects Beth.mizuno@nrc.gov Beth.mizuno@nrc.gov New York State Department Department of of David.roth@nrc.gov David.roth@nrc.gov Environmental Conservation Brian.harris@nrc.gov Brian.harris@nrc.gov Office of the General Counsel Counsel 625 Broadway, 14th1 4 th Floor Floor Senior Attorney for Special Projects Projects Albany, NY 12233-1500 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us jlmatthe@gw.dec.state.ny.us J. O'Neill, Martin J. Esq.
O'Neill, Esq.
William C. Dennis, Esq. Morgan, Lewis & & Bockius, LLP Assistant General Counsel 1000 Louisiana Street, Suite 4000 Entergy Nuclear Nuclear Operations, Inc. Houston, TX 77002 440 Hamilton Avenue E-mail: martin.o'neill@morganlewis.com martin.o.neill@morganlewis.com White White Plains, NY 10601 E-mail: wdennis@entergy.com wdennis@entergy.com Elise N. Zoli, Esq.
Kathryn Kathryn M. Sutton, Esq. Goodwin Goodwin Procter, LLP Paul M. Bessette, Esq. Exchange Place Exchange Morgan, Lewis & & Bockius, LLP 53 State Street Street 1111 Pennsylvania 1111 Pennsylvania Avenue, NW Boston, MA 02109 Washington, Washington, D.C. 20004 20004 E-mail: ezoli@goodwinprocter.com ezoli@goodwinprocteLcom E-mail: ksutton@morganlewis.com ksutton@morganlewis.com E-mail: pbessette@morganlewis.com pbessette@morganlewis.com Justin D. Pruyne, Esq.
Assistant County Attorney Office of Westchester Westchester County Attorney 148 Martine Avenue, 66th th Floor Michael J. Delaney, Esq. White Plains, NY 10601 Vice President President - Energy E-mail: jdp3@westchestergov.com jdp3@westchestergov.com New York City Economic Economic Development Development Corporation (NYCEDC) Daniel E. O'Neill, MayorMayor 110 William Street James Seirmarco, M.S.
James Seirmarco, New York, NY 10038 10038 Village Village of Buchanan
.mdelaney@nycedc.com E-mail: mdelaney@nycedc.com Municipal Municipal Building Buchanan, Buchanan, NY 10511-1298 10511-1298 E-mail: vob@bestweb.net vob@bestweb.net 2
Richard Richard L. Brodsky, Esq.
5 West Main Main Street Street John J. Sipos, John Sipos, Esq.
Elmsford, NY 10523 10523 Charlie Charlie Donaldson, Esq.
E-mail:
E-mail: brodskr@assembly.state.ny.us brodskr@assembly.state.ny.us Assistants Assistants Attorney Attorney General General richardbrodsky@msn.com richardbrodsky@msn.com New York State State Department Department of Law Environmental Protection Environmental Protection Bureau Bureau The Capitol Capitol Albany, NY 12224 12224 E-mail:
E-mail: john.sipos@oag.state.ny.us john.sipos@oag.state.ny.us Manna Manna Jo Greene Greene Robert Robert Snook, Snook, Esq.
Hudson River Hudson River Sloop Clearwater, Inc. Office Office of the Attorney Attorney General 112 112 Little Market Market Street Street State of Connecticut State Connecticut Poughkeepsie, Poughkeepsie, NY 12601 55 Elm Street E-mail:
E-mail: Mannaj o@clearwater.org Mannajo@clearwater.org 120 P.O. Box 120 Hartford, CT 06141-0120 06141-0120 E-mail: Robert.snook@po. state. ct.us Robert.snook@po.state.ct.us Deborah Brancato, Brancato, Esq.
Phillip Musegaas, Musegaas, Esq.
Riverkeeper, Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 E-mail: phillip@riverkeeper.org phillip@riverkeeper.org dbrancato@riverkeeper.org dbrancato@riverkeeper.org John Louis Parker, Esq.
Janice Janice Dbean, Dean, Esq. Regional Regional Attorney Attorney Assistant Attorney General Assistant Office of General Counsel, Region 3 Office of the Attorney General New York State Department of Department of 120 Broadway, 26 26thth Floor Floor Environmental Conservation Environmental Conservation New York, NY 10271 Corners Road 21 South Putt Comers E-mail: Janice.dean@oag.state.ny.us Janice.dean@oag.state.ny.us New Paltz, NY 12561-1620 12561-1620 j lparker@gw.dec.state.ny.us E-mail: jlparker@gw.dec.state.ny.us Mylan L. Denerstein, Esq.
Executive Executive Deputy Attorney General Office of the Attorney General th 120 Broadway, 25 25th Floor New York, NY 10271 Mylan.Denerstein@oag.state.ny.us E-mail: Mylan.Denerstein@oag.state.ny.us Stephen C. Filler, Esq. Ross Gould, Esq.
Board Member Member Member Hudson River Sloop Clearwater, Inc. Hudson River Sloop Clearwater, Inc.
303 South Broadway, Ste 222 10 Park Avenue, #5L 10592 Tarrytown, NY 10592 New York, NY 1001610016 sfiller@nylawline.com E-mail: sfiller@nylawline.com rgouldesq@gmail.com E-mail: rgouldesq@gmail.com 33
By:
By:
Thomas F. Wood Town Attorney Town of Cortlandt And P.C.
& Riesel, P.e.
Sive, Paget &
By:ild~*
By:a" Daniel Riesel 460 Park Avenue New York, New York 10022 421-2150 Phone: (212) 421-2150 Facsimile: (212) 421-1891 Facsimile:
driesel@sprlaw.com Email: driesel@sprlaw.com Original and
- Original and 2 2 copies copies 4