ML12039A298
| ML12039A298 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/08/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 21864, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12039A298 (6) | |
Text
February 8, 2012 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) )
NRC STAFFS STATEMENT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 3, 2012 In accordance with the Atomic Safety and Licensing Boards (Board) Order (Requesting Information from the NRC Staff and All Participants) (Order) of February 3, 2012, the NRC Staff (Staff) herewith provides the following information:
- 1. In accordance with 10 C.F.R. § 2.1202(b)(2), the Staff has determined that it intends to participate as party in this adjudicatory proceeding with respect to all admitted contentions. Since the Board issued its initial ruling on petitions to intervene, 1 the Staff has, in fact, actively participated as a party in this proceeding regarding all admitted contentions.
- 2. Consistent with the findings and conclusions set forth in the Staffs Safety Evaluation Report (SER), SER Supplement 1, and Final Supplemental Environmental Impact Statement (FSEIS) in this proceeding, the Staff anticipates that its testimony and statements of position will generally support the issuance of a renewed license for Indian Point Units 2 and 3. Accordingly, while the Staff has not yet seen the testimony and statements of position to be submitted by Entergy Nuclear Operations, Inc. (Entergy or Applicant), the Staffs position is likely to support Entergys positions on the admitted contentions. The Staff notes, however, 1
Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-08-13, 68 NRC 43 (2008).
that it may not be able to state a position on Contention NYS-25 (Reactor Vessel Internals) until it has received and reviewed the additional information that Entergy plans to submit to the Staff on February 17, 2012, concerning Entergys Reactor Vessel Internals Aging Management Program and Inspection Plan. 2 See discussion infra, ¶ 3(b).
- 3. The Staff is aware of the following matters that have the potential to affect the schedule in this proceeding:
(a) As stated in the Staffs pending request for an extension of time for the filing of the Staffs and Applicants testimony, exhibits, and statements of position, an extension of time for the filing of those documents is required to afford time for the Staff (1) to review and prepare rebuttal to the Intervenors voluminous evidentiary filings, (2) to respond to Applicants seven pending motions in limine, and (3) to respond to the State of New York and Riverkeeper, Inc.s pending motion to compel. 3 (b) As noted above, Entergy plans to submit additional information on February 17, 2012, concerning its Reactor Vessel Internals Aging Management Program and Inspection Plan, to address the recent issuance of MRP-227-A. If the Staff determines that it requires additional information from Entergy regarding its submittal, the Staff may find it necessary to defer filing its testimony and statement of position on Contention NYS-25 pending completion of its review of that matter; a deferral of the Staffs filings on Contention NYS-25 would not affect the litigation of any admitted contention other than Contention NYS-25 and Contention NYS-38/RKTC-5 (presently deferred).
(c) On February 6, 2012, the National Marine Fisheries Service (NMFS) published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act (ESA). 4 The Staff expects to 2
See letter from Sherwin E. Turk to the Board (Jan. 27, 2012).
3 See NRC Staffs Unopposed Motion for Extension of Time for the Filing of Testimony, Exhibits and Statements of Position (Feb. 2, 2012).
4 See Final Rule, Endangered and Threatened Wildlife and Plants; Threatened and Endangered Status for Distinct Population Segments of Atlantic Sturgeon in the Northeast Region, Part II, 77 Fed.
Reg. 5880 (Feb. 6, 2012) (providing NMFS final determination to list the Gulf of Maine Distinct Population Segment (DPS) of Atlantic sturgeon as a threatened species under the Endangered Species Act, and the New York Bight and Chesapeake Bay DPSs of Atlantic sturgeon as endangered species under the ESA, and soliciting information relevant to the designation of critical habitat for all three DPSs in the Northeast Region) (to be effective April 6, 2012) (http://www.gpo.gov/fdsys/pkg/FR-2012-02-06/pdf/2012-1946.pdf);
see also, Final Rule, Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Southeast, Part III, 77 Fed. Reg. 5914 (Feb. 6, 2012) (providing NMFS final determination to list the Carolina and South Atlantic distinct population segments of Atlantic sturgeon as an endangered species)
(http://www.gpo.gov/fdsys/pkg/FR-2012-02-06/pdf/2012-1950.pdf).
communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff is also considering what effect this development may have on the schedule for issuance of the Draft FSEIS Supplement, in which the Staff plans to address the Biological Opinion and Incidental Take Statement issued by NMFS concerning the endangered shortnose sturgeon. Any delay in the issuance of the Draft FSEIS Supplement could affect the schedule for litigation of Riverkeeper Contention EC-8 (presently deferred), but would not affect the litigation of any other admitted contention.
- 4. The Staff is not currently aware of any other matter that has the potential to further delay this proceeding.
Respectfully submitted,
/Signed (electronically) by/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: sherwin.turk@nrc.gov Dated at Rockville, Maryland this 8th day of February 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS STATEMENT IN RESPONSE TO ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 3, 2012, dated February 8, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 8th day of February, 2012.
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: O-16G4 Washington, D.C. 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: OCAAMAIL.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: O-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 Anne Siarnacki, Esq.
190 Cedar Lane E. Atomic Safety and Licensing Board Panel Ridgway, CO 81432 Mail Stop - T-3 F23 E-mail: Kaye.Lathrop@nrc.gov U. S, Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Josh.Kirstein@nrc.gov E-mail: Anne.Siarnacki@nrc.gov
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 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: jrund@morganlewis.com Janice A. Dean, Esq.
Martin J. ONeill, 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 02109 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
Daniel E. ONeill, Mayor Manna Jo Greene James Seirmarco, M.S. Karla Raimundi 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: karla@clearwater.org Robert Snook, Esq. Daniel Riesel, Esq.
Office of the Attorney General Thomas F. Wood, Esq.
State of Connecticut Victoria Shiah, Esq.
55 Elm Street Sive, Paget & Riesel, P.C.
P.O. Box 120 460 Park Avenue Hartford, CT 06141-0120 New York, NY 10022 E-mail: robert.snook@ct.gov E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq. Michael J. Delaney, Esq.
Deborah Brancato, Esq. Director, Energy Regulatory Affairs Riverkeeper, Inc. New York City Department of Environmental 20 Secor Road Protection Ossining, NY 10562 59-17 Junction Boulevard E-mail: phillip@riverkeeper.org Flushing, NY 11373 E-mail: dbrancato@riverkeeper.org E-mail: mdelaney@dep.nyc.gov
/Signed (electronically) by/
Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: sherwin.turk@nrc.gov