ML12214A606
| ML12214A606 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/01/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23162, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12214A606 (8) | |
Text
August 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 SIXTH 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 its sixth monthly status report to the Board. As directed by the Board, the Staff provides the following information:
- 1. In the Staffs Fifth Status Report,1 the Staff discussed (a) the additional information it had received from Entergy Nuclear Operations, Inc. (Entergy or Applicant),
concerning its Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan,2 (b) the Staffs May 15, 2012 transmittal to the Applicant of certain requests for additional 1
See NRC Staffs Fifth Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012 (July 2, 2012) (Fifth Status Report), at 1-2.
2 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) (ADAMS Accession No. ML12060A312).
information (RAIs) concerning that program,3 and (c) the Applicants initial partial response to those RAIs, dated June 14, 2012.4 The Staff has completed an initial review of the Applicants initial partial RAI response, and has identified the need for additional information. The Staff has drafted supplemental RAIs concerning this matter and expects to issue them shortly.
- 2. As stated in the Staffs Fifth Status Report,5 Entergys RAI initial partial RAI response of June 14, 2012 indicated that Entergy will submit its complete responses to the RAIs by September 28, 2012. To the best of the Staffs knowledge, information and belief, this information continues to be correct. In addition, in its Fifth Status Report, the Staff stated:
Assuming that Entergys further responses of September 28, 2012, are complete and do not require supplementation or trigger the issuance of any additional RAIs, the Staff presently expects to complete its review of Entergys RVI Program and to issue a Supplement to the Safety Evaluation Report (SER) on or about December 28, 2012 . . . . If Entergys further responses of September 28, 2012 are incomplete or require the Staff to issue additional RAIs, the SER Supplement will be deferred to await completion of the Staffs review. The Staff will provide further information to the Board concerning this matter as the Staffs review progresses. These matters affect the litigation of Contention NYS-25 (Reactor Vessel Internals) and related portions of Contention NYS-38/ RK-TC-5, but do not affect the litigation of any other contention.6 These statements continue to reflect the Staffs view of these matters.
- 3. As further stated in the Staffs Fifth Status Report,7 public comments are due to be submitted on or before August 20, 2012, concerning the Staffs draft Supplement to the Final 3
Letter from Robert F. Kuntz (NRC) to Vice President, Operations (Entergy),
Subject:
Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3), License Renewal Application (May 15, 2012) (ADAMS Accession No. ML12125A342).
4 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (June 14, 2012) (
Subject:
Reply to Request for Additional Information Regarding the License Renewal Application, (NL-12-089)
(Initial RAI Response) (ADAMS Accession No. ML12184A037).
5 Fifth Status Report, at 2 ¶ 1.
6 Id. at 2, ¶ 2; footnotes omitted.
7 Id. at 2-3, ¶ 3.
Supplemental Environmental Impact Statement (FSEIS) for license renewal of Indian Point Units 2 and 3 (IP2 and IP3) (addressing new information on entrainment, impingement, the thermal effects of once-through cooling, shortnose sturgeon, and Atlantic sturgeon consultations). The Staff continues to expect the final FSEIS Supplement to be issued in or about December 2012, although this projected date could change if warranted by the public comments or other developments. Inasmuch as the draft FSEIS Supplement addresses aquatic impacts only, it does not affect the litigation of any admitted contention in this proceeding other than Riverkeeper Contention EC-8 (Endangered Species).
- 4. As the Staff also stated previously,8 the Staff has issued a Biological Assessment and has reinitiated consultations with the National Marine Fisheries Service (NMFS) under Section 7 of the Endangered Species Act (ESA), regarding Atlantic sturgeon at IP2/IP3.9 On July 23, 2012, the Applicant submitted additional information to NMFS concerning Atlantic sturgeon at Indian Point. The Staff had previously indicated that it expects consultations to conclude by August 14, 2012, and to receive NMFSs Biological Opinion by September 28, 2012; the Staff does not yet know whether the Applicants recent submittal of information will affect the expected dates for completion of consultations or issuance of the Biological Opinion. The Staff will inform the Board if there is any change to these dates.
- 5. As stated previously, on June 19, 2012, the State of New York and Riverkeeper, Inc. (collectively, Intervenors) filed their direct testimony, statement of position and exhibits on Contention NYS-38/RK-TC-5.10 In accordance with the Boards Order of July 12, 2012,11 the 8
See id., at 3 ¶ 4.
9 See Letter from Sherwin E. Turk to the Board (May 17, 2012), attaching letter from Jeremy J.
Susco (NRC) to Patricia A. Kurkul (NMFS) (May 16, 2012 (ADAMS Accession No. ML12100A082).
10 Fifth Status Report, at 3-4 ¶ 5.
11 Order (Memorializing Items Discussed During the July 9, 2012, Status Conference) (July 12, 2012), at 2.
Staff and Applicant are scheduled to file their direct and rebuttal testimony on this contention on August 20, 2012. Hearings have not yet been scheduled on Contention NYS-38/RK-TC5, and the filing of this testimony will not affect the litigation of any contention currently scheduled for hearing in October - December 2012.
- 6. As stated previously,12 on June 8, 2012, the U.S. Court of Appeals for the D.C.
Circuit issued its decision in State of New York v. NRC (Docket No. 11-1045) (D.C. Cir., June 8, 2012), in which the court vacated the Commissions Waste Confidence Decision Update and Temporary Storage Rule and remanded those rulemakings to the NRC.13 Two contentions related to waste storage and/or disposal were subsequently filed by the Intervenors in this proceeding; answers to those contentions are due to be filed on August 2 and August 3, 2012, respectively. This matter does not affect the schedule for evidentiary hearings on Track 1 contentions; the Staff is unable to state at this time, however, whether (or if so, how) the courts decision and the Intervenors filing of these contentions will affect future litigation in this proceeding.
- 7. On July 24, 2012, the Applicant filed an amendment to its license renewal application (LRA), revising the discussion in the LRAs Environmental Report of the Coastal Zone Management Act (CZMA) consistency determination for license renewal of IP2/IP3.14 On July 30, 2012, the Applicant filed a motion seeking issuance of a Declaratory Order that it has already obtained the required New York State Coastal Management Program consistency 12 Fifth Status Report, at 4 ¶ 6.
13 New York v. NRC, slip op. at 21 (citing Waste Confidence Decision Update, 75 Fed. Reg.
81,037 (Dec. 23, 2010), and Final Rule, Consideration of Environmental Impacts of Temporary Storage of Spent Fuel after Cessation of Reactor Operation, 75 Fed. Reg. 81,032 (Dec. 23, 2010).
14 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (July 24, 2012) (
Subject:
Supplement to License Renewal Application - Compliance with Coastal Zone Management Act (NL-12-107) (ADAMS Accession No. ML12207A122).
review for license renewal of IP2/IP3.15 Under 10 C.F.R. § 2.323(c), answers to the Applicants motion are due on August 9, 2012. The parties have held preliminary discussions regarding a possible extension of time for the filing of answers to the Applicants motion; the Staff expects that a motion for extension of time for such answers will be filed shortly by the Staff, the State of New York, and/or other parties. In addition to preparing to respond to the Applicants motion, the Staff is presently conducting a review of the Applicants LRA revision. The Staff is unable to state at this time whether (or if so, how) the Applicants submittal will affect this proceeding; this matter, however, does not affect the schedule for evidentiary hearings on Track 1 contentions.
- 8. To the best of the Staffs knowledge, information and belief, none of the matters discussed above have any impact on the hearings on Track 1 contentions, scheduled to commence in October 2012. Further, the Staff is not currently aware of any other matter that has the potential to impact this proceeding. In accordance with the Boards direction (Order, at 2), the Staff will notify the Board as soon as any other event with potential to alter the hearing schedule arises.
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 August, 2012 15 Motion and Memorandum by [Entergy] for Declaratory Order that It Has Already Obtained the Required New York State Coastal Management Program Consistency Review of [IP2 and IP3] for Renewal of the Operating Licenses (July 30, 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 SIXTH STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated August 1, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 1st day of August, 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. Michael F. Kennedy Anne Siarnacki, Esq.
Atomic Safety and Licensing Board Panel Shelbie Lewman, Esq.
Mail Stop - T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, D.C. 20555-0001 U. S, Nuclear Regulatory Commission E-mail: Michael.Kennedy@nrc.gov Washington, D.C. 20555-0001 E-mail: shelbie.lewman@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 Raphael Kuyler, Esq. New York State Department of Law Morgan, Lewis & Bockius, LLP Environmental Protection Bureau 1111 Pennsylvania Avenue, NW The Capitol Washington, D.C. 20004 Albany, NY 12224 E-mail: ksutton@morganlewis.com E-mail: John.Sipos@ag.ny.gov E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com E-mail: rkuyler@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