ML110760181

Indian Point - Supplement to NRC Staff'S Answer to Riverkeeper, Inc.'S Motion for Leave to File a New Contention, and New Contention EC-8 Concerning NRC Staff'S Final Supplemental Environmental Impact Statement

ML110760181
Person / Time
Site:	Indian Point
Issue date:	03/16/2011
From:	Sherwin Turk NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, RAS E-495
Download: ML110760181 (7)

Text

March 16, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

SUPPLEMENT TO NRC STAFF'S ANSWER TO RIVERKEEPER, INC.'S MOTION FOR LEAVE TO FILE A NEW CONTENTION, AND NEW CONTENTION EC-8 CONCERNING NRC STAFF'S FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT On March 7, 2011, the staff of the U.S. Nuclear Regulatory Commission ("Staff') filed its answer1 to Contention EC-8, which had been filed by Riverkeeper, Inc. ("Riverkeeper") on February 3, 2011, regarding the NRC's compliance with Section 7 of the Endangered Species Act ("ESA,,).2 In that Answer, the Staff presented, inter alia, a summary of its communications with the National Marine Fisheries Service ("NMFS") and the Applicant, Entergy Nuclear Operations, Inc. ("Entergy"), concerning ESA protected species; in addition, the Staff attached 3

to its Answer copies of communications it has had with NMFS and Entergy regarding this issue.

The Staff wishes to inform you that NMFS has extended the date for completion of formal consultations, to accommodate Entergy's March 1, 2011 request to participate in the 1 "NRC Staff's Answer To Riverkeeper, Inc.'s Motion For Leave To File A New Contention, and New Contention EC-8 Concerning NRC Staff's Final Supplemental Environmental Impact Statement" (March 7, 2011) ("Answer").

2 "Riverkeeper, Inc. Consolidated Motion for Leave to File a New Contention and New Contention Concerning NRC Staff's Final Supplemental Environmental Impact Statement" (Feb. 3, 2011) ("Petition").

3 See Answer at 9-10, and Attachments 8-J thereto.

-2 consultation process. Attached hereto is a copy of a letter from Patricia A Kurkul (NMFS) to David J. Wrona (NRC), dated March 16, 2011, extending the date for completion of formal consultations under the ESA As indicated therein, the expected completion date of formal consultations has been extended to May 15, 2011, and the expected issuance date of NMFS' Biological Opinion has been extended to June 29, 2011, unless further extended.

The Staff requests that the attached letter be considered as a supplement to the information provided in the Staff's Answer. See Answer at 10. In accordance with the Board's Scheduling Order of July 1,2010, the Staff has consulted with a representative of Riverkeeper and Counsel for Entergy. Neither of those parties opposes this request.

Respectfully submitted,

~;-~

Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, MD this 16th day of March, 2011

UNITEO STATES OEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE NORTHEAST REGION .

55 Great Republic Drive Gloucester. MA 01930-2276 MAR 1 6 2011 David J. Wrona, Branch Chief Projects Branch 2 Division of License Renewal Office of Nuclear Reactor Program US Nuclear Regulatory Commission Washington, DC 20555-0001 RE: Extension of Consultation Period - License Renewal of the Indian Point Nuclear Generating Plant, Units Nos. 2 and 3

Dear Mr. Wrona:

This correspondence is in regards to the ongoing formal consultation pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended, for the proposed renewal by the US Nuclear Regulatory Commission (NRC) of the Indian Point Nuclear Generating Unit Nos. 2 and 3 (lP2 and IP3) operating licenses. Consultation between NOAA's National Marine Fisheries Service (NMFS) and the NRC was initiated on December 16,2010. As outlined in a letter from NMFS to NRC dated February 16,2011, the 90-day consultation period expires on March 16, 20 II, and a Biological Opinion is due to NRC on April 30,2011. In a letter dated March I, 2011, the applicant, Entergy Nuclear Northeast (Entergy) requested that the consultation period be extended so that Entergy could provide additional information to NMFS for consideration in the consultation and development of the Biological Opinion to be produced by NMFS. NRC staff discussed this letter with NMFS in telephone conversations on March 9 and March 11, 2011. Entergy has indicated that the additional information would be transmitted to NMFS and NRC by April 30, 20 II and that Entergy will be requesting a meeting between NMFS, NRC and Entergy in mid-April. .

Due to the anticipated receipt of new information as well as the need to review this information and incorporate it, as appropriate, into the ongoing analysis of effects of the proposed relicensing

. on listed species, NRC and NMFS are in agreement that the consultation period should be extended in accordance with 50 CFR 402.I4(e). NRC has proposed an extension of60 days to accommodate the anticipated receipt of additional information from Entergy by April 30, 2011 and a two-week review period following this date. This extension would have the consultation period end on May 15,2011, and a Biological Opinion issued by NMFS to NRC by June 29, 2011. However, as discussed between NRC and NMFS on the above referenced telephone calls, depending on the type and extent of information provided by Entergy, the consultation period may need to be further extended. It is anticipated that a determination as to whether an

additional extension of time would be necessary would be made by NMFS in consultation with NRC and Entergy before May 15,2011.

If you have any questions or concerns about this consultation or the consultation process in general, please feel free to contact Julie Crocker of my staff at (978) 282-8480. We look forward to continuing to work with your office during the formal consultation process.

Sincere1y,

~Jk.t52 Patricia A. Kurkul Regional Administrator ec: Crocker, FINER3 Rusanowsky- FINER4 Stuyvenberg, Logan - NRC File Code: Sec 7 NRC Indian Point Nuclear Plant Relicensing PCTS FIN ERl2009/00619 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC.) Docket Nos. 50-247-LR/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "SUPPLEMENT TO NRC STAFF'S ANSWER TO RIVERKEEPER, INC.'S MOTION FOR LEAVE TO FILE A NEW CONTENTION, AND NEW CONTENTION EC-8 CONCERNING NRC STAFF'S FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT," dated March 16, 2011, have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, as indicated by an asterisk, or by deposit in the U.S. Postal Service, as indicated by double asterisk, with copies by electronic mail, this 16th day of March, 2011:

Lawrence G. McDade, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop - T -3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: OCAAMAI L.resource@nrc.gov Dr. Richard E. Wardwell Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemaking and Adjudications Staff Mail Stop - T-3 F23 Mail Stop: 0-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Wardwell@nrc.gov E-mail: Hearing. Docket@nrc.gov Dr. Kaye D. Lathrop Josh Kirstein, Esq.

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 190 Cedar Lane E. Mail Stop - T-3 F23 Ridgway, CO 81432 U. S, Nuclear Regulatory Commission E-mail: Kaye. Lathrop@nrc.gov Washington, D.C. 20555-0001 E-Mail: Josh.Kirstein@nrc.gov

-2 Atomic Safety and Licensing Board Panel Melissa-Jean Rotini, Esq.

U.S. Nuclear Regulatory Commission Assistant County Attorney Mail Stop: T -3 F23 Office of Robert F. Meehan, Esq.

Washington, DC 20555-0001 Westchester County Attorney (Via Internal Mail Only) 148 Martine Avenue, 6th Floor White Plains, NY 10601 E-Mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq.* John J. Sipos, Esq.*

Paul M. Bessette, Esq. Charlie Donaldson, Esq.

Jonathan Rund, Esq. Assistants Attorney General Morgan, Lewis & Bockius, LLP New York State Department of Law 1111 Pennsylvania Avenue, NW Environmental Protection Bureau Washington, D.C. 20004 The Capitol E-mail: ksutton@morganlewis.com Albany, NY 12224 E-mail: pbessette@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: irund@morganlewis.com Janice A. Dean, Esq.*

Martin J. O'Neill, Esq.* Assistant Attorney General, Morgan, Lewis & Bockius, LLP Office of the Attorney General 1000 Louisiana Street, Suite 4000 of the State of New York Houston, TX 77002 120 Broadway, 25th Floor E-mail: martin.o.neill@morganlewis.com New York, NY 10271 E-mail: Janice.Dean@ag.ny.gov Elise N. Zoli, Esq.* Joan Leary Matthews, Esq.*

Goodwin Procter, LLP Senior Attorney for Special Projects Exchange Place New York State Department of 53 State Street Environmental Conservation Boston, MA 021 09 Office of the General Counsel E-mail: ezoli@goodwinprocter.com 625 Broadway, 14th Floor Albany, NY 12233-1500 E-mail: jlmatthe@gw.dec.state.ny.us William C. Dennis, Esq.* John Louis Parker, Esq.

• Assistant General Counsel Office of General Counsel, Region 3 Entergy Nuclear Operations, Inc. New York State Department of 440 Hamilton Avenue Environmental conservation White Plains, NY 10601 21 South Putt Corners Road E-mail: wdennis@entergy.com New Paltz, NY 12561-1620 E-mail: jlparker@gw.dec.state.ny.us

-3 Daniel E. O'Neill, Mayor* Manna Jo Greene*

James Seirmarco, M.S. Stephen Filler Village of Buchanan Hudson River Sloop Clearwater, Inc.

Municipal Building 724 Wolcott Avenue Buchanan, NY 10511-1298 Beacon, NY 12508 E-mail: vob@bestweb.net E-mail: mannajo@clearwater.org E-mail: smurray@villageofbuchanan.com E-mail: stephenfiller@gmail.com Robert Snook, Esq.* Daniel Riesel, Esq.*

Office of the Attorney General Thomas F. Wood, Esq.

State of Connecticut Ms. Jessica Steinberg, J.D.

55 Elm Street Sive, Paget & Riesel, P.C.

P.O. Box 120 460 Park Avenue Hartford, CN 06141-0120 New York, NY 10022 E-mail: robert.snook@ct.gov E-mail: driesel@sprlaw.com jsteinberg@sprlaw.com Phillip Musegaas, Esq.*

Deborah Brancato, Esq. Ross H. Gould, Esq.*

Riverkeeper, Inc. 270 Route 308 20 Secor Road Rhinebeck, NY 12572 Ossining, NY 10562 T: 917-658-7144 E-mail: phillip@riverkeeper.org E-mail: rgouldesg@gmail.com dbrancato@riverkeeper.org Michael J. Delaney, Esq.*

Director, Energy Regulatory Affairs New York City Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 E-mail: mdelaney@dep.nyc.gov Sherwin E. Turk Counsel for NRC Staff