ML101330395
| ML101330395 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/29/2010 |
| From: | Lowey N, Shapiro S Citizens Awareness Network, Indian Point Safe Energy Coalition, Public Health & Sustainable Energy (PHASE), US HR (House of Representatives) |
| To: | Eugene Dacus Office of Congressional Affairs |
| Shared Package | |
| ML101330391 | List: |
| References | |
| LTR-10-0195 | |
| Download: ML101330395 (4) | |
Text
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Apr 29, 2010 10:47 PAPER NUMBER:
LTR-10-0 195 ACTION OFFICE:
OGC LOGGING DATE: 04/29/2010 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
REP Nita Lowey CONG Eugene Dacus NRC denies stakeholders right to request a hearing on the NRC's approval of a shortfall in decommissioning funds for Indian Point ACTION:
Direct Reply DISTRIBUTION:
RF, OCA to Ack LETTER DATE:
04/29/20 1 0 ACKNOWLEDGED No SPECIAL HANDLING:
NOTES:
FILE LOCATION:
DATE DUE:
ADAMS 0512 1 120 10 DATE SIGNED:
"rom:
Dacus, Eugene Sent:
Wednesday, April 28,201 0 1 1 :53 AM To :
Champ, Billie Cc:
Belmore, Nancy; Powell, Amy; Schmidt, Rebecca; Collins, Sam; Turk, Sherwin; Mallett, Bruce; Holian, Brian; Droggitis, Spiros; Williamson, Edward; Dusaniwskyj, Michael; Tifft, Doug; McNamara, Nancy
Subject:
IPSEC Concern Attachments:
IPSEC.pdf
- Billie, The attached letter was sent by Congresswoman Lowey. She is requesting that the NRC provide a written response to her on this matter.
Gene
MILTON B SHAPIRO PAGE 01/02 XndLsn mint Safe Energy Coalition (IPSZC)
WestuhesIt:ez Cftiseaa Awazeness Netwo~k (West-)
PubLLo Hma1t.h ma Bustaindrle Energy (PaABEl) 21 Perlman Drive, Spring Valley, NX 10977
( B 4 5 ) 371-2100, fax (845) 371-3721 mbs@ourrockXandoffice.com Senator Kirsten Gillibrand Senator Charles Shumer Congressman Jolsn Hall Cohgresswarnan N1ta Lowey Congressman Eliot Engel Can$t*essman Maurlce Hinchey Governor David Paterson Attorney General Andrew Cubrno R k NRC denies Stakeholders rfght to request a hearing on the NRC's approval of a shortfall in decommissioning funds for Indian Point.
Dear Congressional Delegation,
Governor and Attorney General:
The Indian Point Safe Energy Coalition [IPSEC], Westehester Citjaens Awareness Network (WestCAN) and Public Health and Sustainable Energy (PI-IASE]
have asked the NRC for a public hearing about Entergy's lack of adequate funds to decornm~ssion the Indian Point Nuclear plant. [Attachment #I),
The NRC recently approved a $38.6 million shortfall in Enteray's decommissioning fund. They also extended the tlme to clean up the site by an additional 50 years wwlthout: factoring in the increased costs of de~ommlssioning due to the historical and currently contlnulng know11 leaks ofradtoactiveiy contaminated water and the permanent lrse of the stte for high level and low level radioactive wasb storago, some of which has been transferred toldry cask storage on the banks of the Hudson River. We canrend that these are significank and substantive modlflcatlons in the llcense requirements. The ~toniic Energy Act guarantees hearing rights of Stakeholders who request a heariniregarding slgnfflcai~t modifications of the operating licenses of nudear facilities.
Yet, the NRC denied a11r petjffon by claiming that local organlzatlons "must:
already be a "party" to a pre-exfstlng "proceeding under section 1.89 of the Atomic Energy Acr, No such proceeding exists hws and you are not a "party." They claim there is "no proceediM since they have named this significant license modification
MILTON B SHAPIRO PAGE 02/02 a "finding" instead of a proceeding, Tlifs circular reasoning bars publrc parkicfpatlon as required by Congresslbnal legislation, it circumvents Congressional intent, and it denies legal sunding to Staksholders Ifving within 50 rnllss of a nuclear facility.
[Attachment #2).
We are vory concerned that. the NRC has once again signiff'cantly modifled the Iicense for Indian Point wlthaut holding required and requested public hearings.
These si~nificant license modifications, signiff candy increase the risk to the environment, public health and safety, and create enormous public liabilitles, The NRC representative suggested we flle a 2,206 Petition. However, 2.206 petitions al'e enforcement actions against the nuclear facility operators, not against the NRC staff and Cammission for violating the Atomic Energy Ack, and therefolle not applicable. The NRC has for years used their 2,206 petitions l o pr:event meaningful public participation.
We request that you intervene on our behalf to enforce the laws and intent of Congress in t11e Atomic Ensrgy Act by requiring the NRC to hold the required publk hearings on these significant license modifications. *
+d&&
Susan H. Shapiro Representing:
Indian Point Safe Energy Goalltbn (I~SRC], Westchester CtHxens Awareness Network (WestCAN]
P~lblic Health and Sustainable Energy [PHASE)