ML11270A077

Response of EDO to Representative Lowey Letter Regarding Replacement Power for IP2 and IP3

ML11270A077
Person / Time
Site:	Indian Point
Issue date:	09/26/2011
From:	Borchardt R NRC/EDO
To:	Lowey N US HR (House of Representatives)
SECY RAS
References
RAS 21134, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML11270A077 (6)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 26, 2011 The Honorable Nita M. Lowey United States House of Representatives Washington, D.C. 20515

Dear Congresswoman Lowey:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am writing in response to your letter of August 15, 2011, concerning Indian Point Nuclear Generating Units 2 and 3 (IP2 and IP3) . This letter supplements the Secretary of the Commission's September 16 letter to you. In your letter, you stated that replacement power for I P2 and IP3 could be provided within a few years, rather than a 10-to-15 year period as had been previously assumed; the Governor of New York opposes the continued operation of IP2 and IP3; the New York State Department of Environmental Conservation has rejected the facility's request for a water quality permit to allow continued operation of the facility; other New York State agencies have acted to facilitate the provision of replacement power for IP2 and IP3; and the NRC should consider population density and evacuation issues in reaching a license renewal decision for IP2 and IP3. Further, you urged the NRC to work with the State of New York, and to issue a renewed license to IP2 and IP3, if found to be qualified, for no more than a short term, such as five years.

As you know, the NRC's authorrty to regulate U.S. commercial nuclear power plants derives from the Atomic Energy Act of 1954, as amended. Pursuant to that Act, the NRC is authorized to issue operating licenses, and to renew such licenses, upon finding that the issuance of such licenses is not inimical to public health and safety or the common defense and security, and that the license application satisfies applicable NRC regulations and requirements. The NRC's regulatory requirements governing the renewal of such licenses are set forth in 10 C.F.R. Part 54 ("Requirements for Renewal of Operating Licenses for Nuclear Power Plants"). Those regulations establish the scope of matters to be considered in reaching a decision on license renewal. Matters such as the availability of replacement power, actions or decisions on non nuclear safety matters by state officials, population density, and evacuation planning are not included among the issues the NRC has determined to be relevant to license renewal under the regulations. Rather, issues such as replacement power availability and water quality permits are within the purview of New York State or other federal agencies, while population density and evacuation planning are addressed by the NRC on an ongoing basis as part of the NRC's oversight of the plants' existing operating licenses.

The NRC takes seriously its responsibilities for licensing and oversight of U.S. nuclear power plants, to assure that license renewal applicants satisfy all applicable regulatory requirements, and to assure that the plants continue to operate safely.

N. Lowey -2 While it is too soon to know whether the I\IRC will issue renewed licenses for IP2 and IP3, I can assure you that any decision on license renewal will take into consideration all relevant matters, consistent with the NRC's statutory responsibilities. If you have any additional questions, please contact me or Ms. Rebecca Schmidt, Director of the Office of Congressional Affairs, at (301) 415-1776.

Sincerely, IRA by Martin J. Virgilio fori R. W. Borchardt Executive Director for Operations

""" ML11269A032 OFFICE OEDO OCA OGC NRR EDO NAME RRihm EDacus STurk BHolian R.W. Borchardt (via email) (via email) (via email) (MVirqilio for)

DATE 9/20/11 9/20/11 9/19/11 9/20/11 9/26/11 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

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

) and 50-286-LR (Indian Point Nuclear Generating Station, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEYS LETTER OF AUGUST 15, 2011 have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop O-7H4M Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Sherwin E. Turk, Esq.

Atomic Safety and Licensing Board Panel Edward L. Williamson, Esq.

Mail Stop T-3F23 Beth N. Mizuno, Esq.

Washington, DC 20555-0001 David E. Roth, Esq.

Brian Harris, Esq.

Lawrence G. McDade, Chair Andrea Z. Jones, Esq.

Administrative Judge Mary B. Spencer, Esq.

E-mail: lawrence.mcdade@nrc.gov Karl Farrar, Esq.

Brian Newell, Paralegal Richard E. Wardwell U.S. Nuclear Regulatory Commission Administrative Judge Office of the General Counsel E-mail: richard.wardwell@nrc.gov Mail Stop O-15D21 Washington, DC 20555-0001 Kaye D. Lathrop E-mail:

Administrative Judge sherwin.turk@nrc.gov 190 Cedar Lane E. edward.williamson@nrc.gov Ridgway, CO 81432 beth.mizuno@nrc.gov E-mail: kaye.lathrop@nrc.gov brian.harris.@nrc.gov david.roth@nrc.gov Joshua A. Kirstein, Law Clerk andrea.jones@nrc.gov E-mail: josh.kirstein@nrc.gov mary.spencer@nrc.gov karl.farrar@nrc.gov brian.newell@nrc.gov

Docket Nos. 50-247-LR and 50-286-LR LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEYS LETTER OF AUGUST 15, 2011 OGC Mail Center OGCMailCenter@nrc.gov William C. Dennis, Esq. Thomas F. Wood, Esq.

Assistant General Counsel Daniel Riesel, Esq.

Entergy Nuclear Operations, Inc. Victoria Shiah, Esq.

440 Hamilton Avenue Counsel for Town of Cortlandt White Plains, NY 10601 Sive, Paget & Riesel, P.C.

Email: wdennis@entergy.com 460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com vshiah@sprlaw.com Elise N. Zoli, Esq. Phillip Musegaas, Esq.

Goodwin Proctor, LLP Deborah Brancato, Esq.

Exchange Place Riverkeeper, Inc.

53 State Street 20 Secor Road Boston, MA 02109 Ossining, NY 10562 E-mail: ezoli@goodwinprocter.com E-mail: phillip@riverkeeper.org dbrancato@riverkeeper.org Kathryn M. Sutton, Esq. Melissa-Jean Rotini, Esq.

Paul M. Bessette, Esq. Assistant County Attorney Martin J. ONeill, Esq. Office of Robert F. Meehan, Jonathan M. Rund, Esq. Westchester County Attorney Counsel for Entergy Nuclear Operation, Inc 148 Martine Avenue, 6th Floor Mary Freeze White Plains, NY 10601 Morgan, Lewis & Bockius, LLP E-mail: MJR1@westchestergov.com 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-mail: ksutton@morganlewis.com pbessette@morganlewis.com martin.oneill@morganlewis.com jrund@morganlewis.com mfreeze@morganlewis.com Michael J. Delaney, Esq. Manna Jo Greene, Environmental Director Director, Energy Regulatory Affairs Steven C. Filler NYC Department of Environmental Protection Karla Raimundi 59-17 Junction Boulevard Hudson River Sloop Clearwater, Inc.

Flushing, NY 11373 724 Wolcott Ave.

E-mail: mdelaney@dep.nyc.gov Beacon, NY 12508 E-mail: mannajo@clearwater.org stephenfiller@gmail.com karla@clearwater.org 2

Docket Nos. 50-247-LR and 50-286-LR LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEYS LETTER OF AUGUST 15, 2011 Joan Leary Matthews, Esq. Robert D. Snook, Esq.

Senior Attorney for Special Projects Assistant Attorney General New York State Department Office of the Attorney General of Environmental Conservation State of Connecticut 625 Broadway, 14th Floor 55 Elm Street Albany, New York 12233-5500 P.O. Box 120 E-mail: jmatthe@gw.dec.state.ny.us Hartford, CT 06141-0120 E-mail: robert.snook@po.state.ct.us John Louis Parker, Esq. Sean Murray, Mayor Office of General Counsel, Region 3 Kevin Hay, Village Administrator New York State Department Village of Buchanan of Environmental Conservation Municipal Building 21 South Putt Corners Road 236 Tate Avenue New Paltz, NY 12561-1620 Buchanan, NY 10511-1298 E-mail: jlparker@gw.dec.state.ny.us E-mail: SMurray@villageofbuchanan.com Administrator@villageofbuchanan.com John J. Sipos, Esq.

Charles Donaldson, Esq.

Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 E-mail: John.Sipos@ag.ny.gov charlie.donaldson@ag.ny.gov Janice A. Dean, Esq.

Assistant Attorney General Office of the Attorney General of the State of New York 120 Broadway, 26th Floor New York, New York 10271 E-mail: Janice.Dean@ag.ny.gov

[Original signed by Christine M. Pierpoint]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 27th day of September 2011 3