ML12338A704
| ML12338A704 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/03/2012 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23834, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12338A704 (5) | |
Text
December 3, 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 TENTH 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 tenth monthly status report to the Board, as follows:
- 1. As stated in the Staffs previous status report,1 the Staff is continuing its review of the additional information it has received from Entergy Nuclear Operations, Inc. (Entergy or Applicant), concerning its Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan. The Staff expects to issue the Safety Evaluation Report (SER) Supplement on RVI issues in early 2013, unless the Staff determines that it requires additional information from the Applicant to allow the Staff to complete its review. The Staff will provide further information to the Board concerning this matter when it becomes available. This matter affects the litigation of Contention NYS-25 (Reactor Vessel Internals) and related portions of Contention NYS-38/ RK-TC-5, but does not affect the litigation of any other contention.
1 NRC Staffs Ninth Status Report in Response to the Atomic Safety and Licensing Boards Order of February 16, 2012 (Nov. 1, 2012) (Ninth Status Report).
- 2. As stated previously, the Staff has received comments from members of the public and governmental agencies concerning its draft Supplement to the Final Supplemental Environmental Impact Statement (FSEIS) on aquatic impacts. The Staff is reviewing those comments, and expects to issue the final FSEIS Supplement in December 2012 or January 2013; this projected date could change if warranted by the Staffs review of the comments or other developments, as discussed in Paragraph 3, infra. The Final FSEIS Supplement will address aquatic impacts only, and does not affect any admitted contention in this proceeding other than Riverkeeper Contention EC-8 (Endangered Species), which has not yet been scheduled for hearing.
- 3. As the Staff reported previously,2 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 Indian Point Units 2 and 3 (IP2 and IP3).3 On October 26, 2012, NMFS transmitted a draft biological opinion to the Staff, in which it, inter alia, requested comments and additional information.
Comments have been submitted to NMFS by the Staff and Applicant, as requested. The NMFS consultation period has been extended to December 5, 2012, to allow discussions among NMFS, the Staff and the Applicant to conclude prior to issuance of the final Biological Opinion.
- 4. As the Board is aware, the intervenors in this proceeding have filed new contentions related to waste storage and/or disposal, to which the Applicant and Staff responded on August 2 and 3, 2012. By Order dated August 8, 2012, the Board held all other pleadings concerning these contentions in abeyance, pending further order.4 2
See id. at 2.
3 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).
4 Order (Holding Contentions NYS-39/RK-EC-9/CW-EC-10 and CW-SC-4 in Abeyance)
(Aug. 8, 2012).
- 5. As the Board is also aware, in July 2012 the Applicant filed an amendment to its license renewal application (LRA),5 in which it revised its discussion of its Coastal Zone Management Act (CZMA) consistency determination for IP2/IP3.6 In addition, the Applicant filed a motion seeking a Declaratory Order that it has already obtained the required New York State Coastal Management Program consistency review for license renewal of IP2/IP3.7 The Board extended the time for the parties to file their responses to the Applicants motion until January 14, 2013,8 and extended the time for New York to file contentions on Entergys LRA amendment until 30 days after the Board rules on Entergys motion.9
- 6. On November 14 and 26, 2012, Hudson River Sloop Clearwater, Inc.
(Clearwater) filed two motions seeking to supplement the evidentiary record on Contention CW-EC-3A (Environmental Justice). The Applicant has responded to both of those motions; the Staff has responded to the first of these motions, and intends to respond to the second motion later this week. These motions could result in the need to reopen or supplement the 5
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).
6 The Staff transmitted RAIs to the Applicant concerning this matter on August 13, 2012. See Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy),
Subject:
Request for Additional Information for the Review of the [IP2 and IP3 LRA] Environmental Review (Aug. 13, 2012)
(ADAMS Accession No. ML12221A155). The Applicant submitted its response to these RAIs on September 11, 2012. See Letter from Fred R. Dacimo (Entergy) to NRC Document Control Desk,
Subject:
Response to Request for Additional Information for Review of [IP2 and IP3 LRA] Environmental Review - Compliance with Coastal Zone Management Act (Sept. 11, 2012) (ADAMS Accession No. ML12258A232).
7 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).
8 Order (Granting, in Part, the NRC Staffs and New Yorks Motions for Extension of Time)
(Aug. 8, 2012).
9 Order (Granting State of New York Motion for Extension of Time to File New Contentions)
(Aug. 31, 2012).
evidentiary record on this contention, or to hold further evidentiary hearings concerning the matters raised in Clearwaters motions.
- 7. To the best of the Staffs knowledge, information and belief, apart from the matters discussed in Paragraph 6 above, the matters discussed herein have no impact on the scheduled hearings on Track 1 contentions. 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 3rd day of December 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 Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing NRC STAFFS TENTH STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated December 3, 2012, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the rd above- captioned proceeding, this 3 day of December, 2012.
/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