ML12237A005

G20120613/LTR-12-0456/EDATS: OEDO-2012-0503 - Response Ltr to Janice A. Dean & Edward Mctiernan Indian Point Nuclear Generating Station, Unit 2 and 3 - Compliance with the Clean Water Act Section 401

ML12237A005
Person / Time
Site:	Indian Point
Issue date:	09/25/2012
From:	John Lubinski Division of License Renewal
To:	Jeremy Dean, Mctiernan E State of NY, Office of the Attorney General
Wrona D, 415-2292
Shared Package
ML12207A348	List: ML12237A005
References
Download: ML12237A005 (5)

Text

September 25, 2012 Mr. Edward McTiernan, Deputy General Counsel New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233

Dear Mr. McTiernan:

Your letter to the Chairman and Commissioners of the U.S. Nuclear Regulatory Commission (NRC), dated July 25, 2012, has been referred to me for response. In your letter, you present the State of New Yorks position on the status of the water quality certification required by Section 401 of the Clean Water Act (CWA), for Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3), and the ongoing license renewal review for IP2 and IP3.

The NRC staff appreciates having the opportunity to consider your views. As you may be aware, there is an ongoing adjudicatory proceeding associated with the staffs review of the IP2 and IP3 license renewal application, concerning matters that are separate from the issues addressed in your letter. Given that no decision on the application appears imminent, it would be premature to address the issue of NRCs authority to renew the IP2 and IP3 licenses at this time.

I appreciate hearing your views and thank you for your interest in this matter. If you have additional questions or concerns about the IP2 and IP3 license renewal review process, I invite you to contact Mr. David Wrona, Chief of Projects Branch 2, in the Division of License Renewal at 301-415-2292 or by e-mail at David.Wrona@nrc.gov.

Sincerely,

/RA/

John W. Lubinski, Director Division of License Renewal Office of Nuclear Reactor Regulation

September 25, 2012 Ms. Janice Dean, Assistant Attorney General Office of the Attorney General for the State of New York 120 Broadway, 26th Floor New York, NY 10271

Dear Ms. Dean:

Your letter to the Chairman and Commissioners of the U.S. Nuclear Regulatory Commission (NRC), dated July 25, 2012, has been referred to me for response. In your letter, you present the State of New Yorks position on the status of the water quality certification required by Section 401 of the Clean Water Act (CWA), for Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3), and the ongoing license renewal review for IP2 and IP3.

The NRC staff appreciates having the opportunity to consider your views. As you may be aware, there is an ongoing adjudicatory proceeding associated with the staffs review of the IP2 and IP3 license renewal application, concerning matters that are separate from the issues addressed in your letter. Given that no decision on the application appears imminent, it would be premature to address the issue of NRCs authority to renew the IP2 and IP3 licenses at this time.

I appreciate hearing your views and thank you for your interest in this matter. If you have additional questions or concerns about the IP2 and IP3 license renewal review process, I invite you to contact Mr. David Wrona, Chief of Projects Branch 2, in the Division of License Renewal at 301-415-2292 or by e-mail at David.Wrona@nrc.gov.

Sincerely,

/RA/

John W. Lubinski, Director Division of License Renewal Office of Nuclear Reactor Regulation

ML12249A458 (Package); ML12230A274 (Incoming); ML12237A005 (Response) *concurrence by e-mail OFFICE LA:RPB2:DLR PM:DLR/RPB2 BC:DLR/RPB2 OGC D: DLR NAME YEdmonds* MWentzel DWrona STurk JLubinski DATE 8/29/12 9/6/12 9/11/12 9/12/12 9/25/12 Letter to Janice Dean and Edward McTiernan John W. Lubinski, dated September 25, 2012 DISTRIBUTION: G20120613/EDATS: OEDO-2012-0503

SUBJECT:

RESPONSE TO JANICE DEAN AND EDWARD MCTIERNAN HARD COPY:

DLR R/F E-MAIL:

PUBLIC RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRarb Resource RidsNrrDlrRasb Resource RidsNrrDlrRapb Resource RidsNrrDlrRerb Resource RidsNrrDlrRsrg Resource RidsOgcMailCenter Resource MWentzel DWrona JDaily DMorey DPickett DJackson, RI STurk, OGC SBurnell, OPA DMcIntyre, OPA EDacus, OCA GMeyer, RI RConte, RI JTrapp, RI DScrenci, RI OPA NSheehan, RI OPA PCataldo, RI NMcNamara, RI BWelling, RI OAvegbusi, RI MCatts, RI MHalter, RI