ML12061A455
| ML12061A455 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/01/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 21990, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12061A455 (6) | |
Text
March 1, 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 STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Boards (Board) Order (Granting NRC Staffs Unopposed Time Extension Motion and Directing Filing of Status Updates)
(Order), issued on February 16, 2012, the NRC Staff (Staff) herewith provides the following information:
- 1. As indicated in the NRC Staffs Statement in Response to the Atomic Safety and Licensing Boards Order of February 3, 2012 (Statement) (Feb. 8, 2012), Entergy Nuclear Operations, Inc. (Entergy or Applicant) was to submit additional information to the Staff on February 17, 2012, concerning its Reactor Vessel Internals Aging Management Program and Inspection Plan (Statement at 2, ¶ 3(b)). By letter dated February 17, 2012, Entergy submitted that additional information to the Staff.1 The Staff is currently reviewing that information, and has determined that it is not able to file its testimony and state its position on Contention NYS-25 (Reactor Vessel Internals) at this time. The Staff will provide further information to the Board 1
Letter from Fred Dacimo, Vice President, Operations License Renewal to NRC Document Control Desk,
Subject:
License Renewal Application - Revised Reactor Vessel Internals Program and Inspection Plan Compliant with MRP-227-A, Indian Point Nuclear Generating Unit Nos. 2 and 3 (NL-12-037) (Feb. 17, 2012). This letter should be available in ADAMS on or before March 8, 2011 (ADAMS Accession No. ML12060A312).
concerning this matter as soon as it is able to do so. As stated in the Staffs Statement of February 8, 2012, the Staff believes that 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/RK TC-5 (presently deferred).
- 2. As indicated in the Staffs Statement of February 8, 2012, the National Marine Fisheries Service (NMFS) recently published a notice in the Federal Register, listing the Atlantic sturgeon as an endangered species under the Endangered Species Act (ESA)
(Statement at 2, ¶ 3(b)). The Staff has initiated preliminary communications with NMFS concerning this matter, and expects to reinitiate consultations regarding this development under Section 7 of the ESA. The Staff has not yet determined what effect, if any, this development may have on the Staffs current schedule for issuance of a Draft FSEIS Supplement on other matters. As indicated in the Staffs Statement of February 8, 2012, 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.
- 3. The Staff wishes to inform the Board and parties that an inspection will be conducted at Indian Point Unit 2 by personnel in NRC Region I, during the week of March 5-9, 2012, under Temporary Instruction (TI) 2516/001 (Review of License Renewal Activities)
(http://pbadupws.nrc.gov/docs/ML1106/ML110620255.pdf). As applicable, the objectives of an inspection conducted under TI 2516/001 are:
01.01 To report the status of the applicants implementation of license renewal commitments, license conditions and selected aging management programs as described in a plants license renewal safety evaluation report (LR-SER).
01.02 To verify that the license renewal application is updated annually in accordance with the requirement to submit changes to the current licensing basis (CLB) during the U.S. Nuclear Regulatory Commission (NRC) review of the license renewal application (as required by 10 CFR 54.21(b)).
01.03 To verify that newly identified systems, structures, and components (SSCs) are included in the annual FSAR updates as
required by 10 CFR 54.37(b) and the guidance provided in Regulatory Issue Summary (RIS) 2007-16, Revision 1, Implementation of the Requirements of 10 CFR 54.37(b) for Holders of Renewed Licenses, dated April 28, 2010.
01.04 To verify that the applicants description of the programs and activities for managing the effects of aging are consistent with the final safety analysis report (FSAR) supplement summary descriptions (included in Sections 3 and 4 of the LR-SER).
The results of the inspection will be documented in an inspection report following the conclusion of the inspection, in accordance with TI 2516/001. The Staff in NRC Region I has notified responsible officials for the State of New York of this planned inspection. The Staff believes that this inspection (which is normally conducted under Inspection Procedure 71003, for plants whose licenses have already been renewed) should not impact the hearing schedule in this proceeding.
- 4. The Staff is not currently aware of any other matter that has the potential to further delay this proceeding. In accordance with the Boards direction (Order, at 2), the Staff will notify the Board as soon as it becomes aware of any event with potential to alter the hearing schedule in 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 1st day of March, 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 STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated March 1, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 1st day of March, 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