ML11195A026
| ML11195A026 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/11/2011 |
| From: | Mcgowan P State of NY, Dept of Public Service |
| To: | Brian Holian Division of License Renewal |
| References | |
| Download: ML11195A026 (3) | |
Text
STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350 www.dps.state.ny.us PUBLIC SERVICE COMMISSION GARRY A. BROWN PETER McGOWAN Chairman General Counsel PATRICIA L. ACAMPORA MAUREEN F. HARRIS JACLYN A. BRILLING ROBERT E. CURRY JR.
Secretary JAMES L. LAROCCA Commissioners July 11, 2011 Mr. Brian E. Holian Director, License Renewal U.S. Nuclear Regulatory Commission 11555 Rockville Pike Mailstop OIIFI Rockville, MD 20852 Re: Indian Point License Renewal Docket Nos. 50-247, 50-286 State of New York Denial, Clean Water Act Section 401 Water Quality Certification
Dear Mr. Holian:
I write inresponse to a June 21, 2011 letter from Entergy Nuclear Operations, Inc.
(Entergy) contending that New York State has waived the water quality certification (WQC) requirements of 33 U.S.C. Section 1341(a)(1). In so doing, Entergy stated that, on a June 16, 2011 conference call in a WQC proceeding before the New York State Department of Environmental Conservation (DEC), Counsel for the New York State Department of Public Service (DPS) questioned whether a waiver had already occurred.
Two points are noteworthy: First, the comments of Assistant Counsel Steven Blow on this conference call in no way represent a position by the State of New York, including DPS and DEC, that a waiver has occurred. Second, a full review of the transcript in fact shows that Mr. Blow indicated his opinion that a waiver had not occurred. Indeed, it is DPS's position that, by denying Entergy's WQC request on April 2, 2010, DEC did not fail or refuse to act on Entergy's WQC request, so a waiver did not occur. The fact that a proceeding before DEC
Mr. Brian Holian July 11, 2011 Page Two continues in response to Entergy's request for a hearing does not change the April 2, 2010 denial into a failure or refusal to act.
Peter McGowan.
General Counsel cc:
Joseph J. Martens, Commissioner, DEC William Dean, Regional Administrator, NRC Region 1 John Boska, NRR Senior Project Manager Andrew Stuyvenberg, NRC License Renewal Environmental Project Manager Sherwin Turk, NRC Office of General Counsel Fred R. Dacimo, Vice President Operations, Entergy Nuclear Northeast
STATE OF NEWYORK DEPARTMENT OF PUBLIC SERVICE THREE EMPIRE STATE PLAZA ALBANY, N.Y. 12223-1350 02 1M
$ 00.440 0004236744 JUL 11 2011 MAILED FROM ZIPCODE 1 2223 Mr. Brian E. Holian. Director, License Renewal U.S. Nuclear Regulatory Commission 11555 Rockville Pike Mailstop OIIFI Rockville. MD 20852 if I it 111111 It I if I it III III III if Ili I I if fill
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