ML11301A321
| ML11301A321 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/28/2011 |
| From: | Brancato D Hudson River Sloop Clearwater, Riverkeeper |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 21315, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML11301A321 (10) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of Entergy Nuclear Operations, Inc.
(Indian Point Nuclear Generating Units 2 and 3)
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Docket Nos.
50-247-LR and 50-286-LR October 28, 2011 RIVERKEEPER, INC. AND HUDSON RIVER SLOOP CLEARWATER, INC. MOTION FOR LEAVE TO SUPPLEMENT BASIS OF CONTENTION REGARDING NEPA REQUIREMENT TO ADDRESS SAFETY AND ENVIRONMENTAL IMPLICATIONS OF THE FUKUSHIMA TASK FORCE REPORT Pursuant to 10 C.F.R. § 2.323, Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. ("Intervenors") hereby move for leave to supplement the basis for their contention seeking consideration of the environmental implications of the Fukushima Task Force Report in the licensing decision for Indian Point Units 2 and 3.1 Intervenors request the Atomic Safety and Licensing Board ("ASLB") to consider the recent issuance of a directive by the Commissioners of the U.S. Nuclear Regulatory Commission ("NRC") to the NRC Staff, which requires the Staff to "strive to complete and implement the lessons learned from the Fukushima accident within five years-by 2016." SRM/SECY-11-0124, Memorandum from R.W. Borchardt, Executive Director for Operations to Annette L. Vietti-Cook, Secretary, re: Recommended Actions to be Taken Without Delay from the Near-Term Task Force Report (Oct. 18, 2011), available at, http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2011/2011-0124srm.pdf(last visited Oct. 28, 2011). A copy ofSRM/SECY-11-0124 is appended hereto as Attachment 1.
SRM/SECY-11-0124 provides further support, in addition to the language ofthe Task Force Report itself and the Declaration of Dr. Arjun Makhijani, for Intervenors' contention that 1 Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. New Contention Regarding NEPA Requirement to Address Safety and Environmental Implications ofthe NRC Fukushima Task Force Report (August 11, 2011).
the information set forth in the Task Force Report must be considered before issuance of a renewed operating license for Indian Point Units 2 and 3. By ordering the Staffto adopt and implement numerous Task Force recommendations, including redefining what level of protection of public health and safety should be regarded as adequate, the Commission makes clear that it believes the lessons learned from the Fukushima accident have safety and environmental significance. See SRM/SECY-11-0124 at 2.
Intervenors note that the issuance of SRM/SECY 0124 also undermines the basis for a recent licensing board decision finding that contentions similar to Intervenors' contention were premature because the Commission itself had not yet accepted or implemented the Task Force Report's conclusions and recommendations. PPL Bell Bend, L.L.C. (Bell Bend Nuclear Power Plant); Luminant Generation Co., L.L.C. (Comanche Peak Nuclear Power Plant, Units 3 and 4);
Energy Northwest (Columbia Generating Station); Southern Nuclear Operating Co. (Vogtle Electric Generating Plants, Units 3 and 4); Duke Energy Carolinas, L.L.C. (William States Lee Nuclear Station, Units 1 and 2), LBP-11-27, _NRC_, slip op. at 16 (Oct. 18, 2011) (citing Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2), et al., CLI-11-05, _NRC
_(Sept. 9, 2011))_2 For the foregoing reasons, Intervenors request that the ASLB consider SRM/SECY 0124 in further support for the admission ofRiverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. New Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the NRC Fukushima Task Force Report, for hearing.
2 Intervenors have been informed that the Petitioners in those cases plan to request reinstatement of their contentions and a ruling that the contentions are admissible in light ofSRM/SECY-11-0124.
2
Respectfully submitted this 28th day of October 2011.
- Signed (electronically) by Deborah Brancato Deborah Brancato, Esq.
Phillip Musegaas, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 (914) 478-4501 dbrancato@riverkeeper.org phillip@riverkeeper.org Manna Jo Greene Karla Raimundi Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave Beacon, NY 12508 Mannaio@clearwater.org karla@ clearwater.org 3
Certification pursuant to 10 C.F.R. § 2.323(b) and ASLB Scheduling Order Pursuant to 10 C.F.R. § 2.323(b) and the ASLB's July 1, 2010 Scheduling Order~ G.6,3 I certify that I have made a sincere effort to contact the other parties in this proceeding, to explain to them the factual and legal issues raised in this motion, and to resolve those issues, and I certify that my efforts have been unsuccessful. In particular, counsel for NRC Staff, Beth Mizuno, opposed Riverkeeper and Clearwater's motion; counsel for Entergy, Kathryn Sutton, opposed the motion as well; and counsel for the State ofNew York, John Sipos, did not oppose Riverkeeper and Clearwater's request.
Signed (electronically) by Deborah Brancato Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 (914) 478-4501 dbrancato(Cl{riverkeeper.org 3 In the Matter ofEntergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos.
50-0247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BDOl, Scheduling Order (July I, 2010), at G.6.
4 to Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task force Report (October 28, 2011)
MEMORANDUM TO:
FROM:
SUBJECT:
October 18, 2011 R. W. Borchardt Executive Director for Operations Annette L. Vietti-Cook, Secretary IRA/
STAFF REQUIREMENTS-SECY-11-0124-RECOMMENDED ACTIONS TO BE TAKEN WITHOUT DELAY FROM THE NEAR-TERM TASK FORCE REPORT The Commission has approved the staffs proposed actions to implement without delay the Near-Term Task Force recommendations as described in SECY-11-0124, subject to the comments below.
The NRC should strive to complete and implement the lessons learned from the Fukushima accident within five years - by 2016.
The process for implementing new or modified regulatory requirements or programs should be transparent and the regulatory mechanism (e.g., order, rulemaking, 10 CFR 50.54(f) letter, generic letter, etc.) used to impose them should be as clear and specific as possible when issued.
As the staff evaluates Fukushima lessons-learned and proposes modifications to NRC's regulatory framework, the Commission encourages the staff to craft recommendations that continue to realize the strengths of a performance-based system as a guiding principle. In order to be effective, approaches should be flexible and able to accommodate a diverse range of circumstances and conditions. In consideration of events beyond the design basis, a regulatory approach founded on performance-based requirements will foster development of the most effective and efficient, site-specific mitigation strategies, similar to how the agency approached the approval of licensee response strategies for the "loss of large area" event under its B.S.b program.
Where gaps in knowledge in the analyses of the reactor accidents at Fukushima Dai-ichi interfere with the staffs ability to make an informed recommendation on regulatory action, the staff should inform the Commission of these gaps.
For Recommendation 2.1, when the staff issues the requests for information to licensees pursuant to 1 0 CFR 50.54(f) to identify actions that have been taken or are planned to address
plant-specific vulnerabilities associated with the reevaluation of seismic and flooding hazards, the staff should explain the meaning of "vulnerability."
The staff should inform the Commission, either through an Information Paper or a briefing of the Commissioners' Assistants, when it has developed the technical bases and acceptance criteria for implementing Recommendations 2.1, 2.3, and 9.3.
For NTTF recommendations 4.2 and 5.1 the staff should provide the Commission with notation vote papers for Commission approval of the orders once the staff has engaged stakeholders and established the requisite technical bases and acceptance criteria. For cases in which backfits cannot be justified using existing requirements, yet the staff believes that regulatory enhancements should be made, the staff should clearly explain the legal and policy bases for proceeding.
For Recommendation 4.1 -- "Station blackout regulatory actions," the staff should initiate the rulemaking as an advance notice of proposed rulemaking (ANPR) rather than a proposed rule.
The staff should designate the station blackout (SBO) rulemaking associated with NTTF recommendation 4.1 as a high-priority rulemaking with a goal of completion within 24 to 30 months of the date of the Staff Requirements Memorandum for this SECY paper.
The staff should monitor nuclear industry efforts underway to strengthen SBO coping times and consider whether any interim regulatory controls (e.g., commitment letters or confirmatory action letters) for coping strategies for SBO events would be appropriate while rulemaking activities are in progress.
Concerning the potential to redefine what level of protection of public health and safety should be regarded as adequate, the Commission reaffirms its guidance to the staff in the SRM on SECY-11-0093 with respect to Recommendation 1.
cc:
Chairman Jaczko Commissioner Svinicki Commissioner Apostolakis Commissioner Magwood Commissioner Ostendorff OGC CFO OCA OPA Office Directors, Regions, ACRS, ASLBP (via E-Mail)
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of Entergy Nuclear Operations, Inc.
(Indian Point Nuclear Generating Units 2 and 3)
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)
)
)
)
)
Docket Nos.
50-247-LR and 50-286-LR October 28, 2011
________________________________ )
CERTIFICATE OF SERVICE I certify that on October 28, 2011, copies of"Riverkeeper, Inc. and Hudson River Sloop Clearwater, Inc. Motion for Leave to Supplement Basis of Contention Regarding NEP A Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report," in the above-captioned proceeding have been served on the following via NRC's Electronic Information Exchange:
Lawrence G. McDade, Chair Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 190 Cedar Lane East Washington, D.C. 20555 Ridgeway, CO 81432 E-mail: Lawrence.McDade@nrc.gov E-mail: Kaye.Lathro12@nrc.gov Richard E. Wardwell Michael J. Delaney Atomic Safety and Licensing Board Department of Environmental Protection U.S. Nuclear Regulatory Commission 59-17 Junction Boulevard Washington, D.C. 20555 Flushing NY 113 73 E-mail: Richard. W ardwell@nrc.gov E-mail: mdelaney@deJ2.nyc.gov (718) 595-3982 John J. Sipos, Esq.
Kathryn M. Sutton, Esq.
Assistant Attorney General Paul M. Bessette, Esq.
Office ofthe New York Attorney General Jonathan M. Rund, Esq.
for the State ofN ew York Morgan, Lewis & Bockius, LLP The Capitol 1111 Pennsylvania Ave. N.W.
Albany, NY 12224 Washington, D.C. 20004 E-mail: john.si12os@ag.ny.gov E-mail:
12bessette@morganlewis.com ksutton@morganlewis.com jrund@morganlewis.com
Josh Kirstein Martin J. O'Neill, Esq.
Law Clerk Morgan, Lewis & Bockius, LLP Atomic Safety and Licensing Board Panel 1000 Louisiana Street, Suite 4000 U.S. Nuclear Regulatory Commission Houston, TX 77002 Washington, D.C. 20555 E-mail: martin.oneill@morganlewis.com Josh.Kirstein@nrc.gov Janice A. Dean, Esq.
Office of Commission Appellate Adjudication Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C. 20555 120 Broadway, 26th Floor E-mail: OCAAMAIL@nrc.gov New York, NY 10271 E-mail: Janice.dean@oag.state.ny.us Office of the Secretary William C. Dennis, Esq.
Rulemakings and Adjudications Staff Entergy Nuclear Operations, Inc.
U.S. Nuclear Regulatory Commission 440 Hamilton A venue Washington, D.C. 20555 White Plains, NY 10601 E-mail: HEARINGDOCKET(a),nrc.gov E-mail: wdennis@entergy.com Stephen C. Filler, Board Member Manna Jo Greene Hudson River Sloop Clearwater, Inc.
Karla Raimundi 724 Wolcott Ave Hudson River Sloop Clearwater, Inc.
Beacon, New York 12508 724 Wolcott Ave E-mail: sfiller@nylawline.com Beacon, New York 12508 E-mail: Mannajo@clearwater.org karla@clearwater.org Melissa-Jean Rotini, of counsel Joan Leary Matthews, Esq.
Assistant County Attorney Senior Attorney for Special Projects Office ofRobert F. Meehan, Westchester New York State Department County Attorney of Environmental Conservation 148 Martine A venue, 6th Floor 625 Broadway, 14th floor White Plains, NY 10601 Albany, New York 12233-5500 E-mail: MJRI @westchestergov.com E-mail: jlmatthe@gw.dec.state.ny.us Elise N. Zoli, Esq.
Daniel Riesel, Esq.
Goodwin Procter, LLP Victoria Shiah 53 State Street Sive, Paget and Riesel, P.C.
Boston, MA 02109 460 Park A venue E-mail: ezoli@goodwin:grocter.com New York, NY 10022 E-mail: driesel@s:grlaw.com vshiah@s:grlaw.com 2
Robert D. Snook, Esq.
Assistant Attorney General 55 Elm Street, P.O. Box 120 Hartford, CT 06141-0120 E-mail: robert.snook@ct.gov Sherwin E. Turk Beth N. Mizuno Brian G. Harris David E. Roth Andrea Z. Jones Office of General Counsel Mail Stop: 0-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail:
Sherwin. Turk@nrc.gov Beth.Mizuno(a),nrc. gov brian.harris@nrc.gov David.Roth@nrc.gov andrea.jones@,nrc.gov Signed (electronically) by Deborah Brancato Deborah Brancato Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 (914) 478-4501 dbrancato(Q{ri verkeener.org John L. Parker, Esq.
Regional Attorney, Region 3 New York State Department of Environmental Conservation 21 South Putt Comers New Paltz, NY 12561 E-mail: jlQarker(a),gw.dec.state.ny.us Sean Murray, Mayor Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 E-mail: vob@bestweb.net, SMurray@villageofbuchanan.com, Administrator@villageofbuchanan.com 3