ML13091A393
| ML13091A393 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/01/2013 |
| From: | Sherwin Turk NRC/OGC |
| To: | |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 24329 | |
| Download: ML13091A393 (5) | |
Text
April 1, 2013 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) )
TH NRC STAFFS 14 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 14th monthly status report to the Board; as indicated below, no changes have occurred since the filing of the Staffs previous status report in March 2013:1
- 1. The Staff continues to expect to issue a supplement (Volume 4) to the Final Supplemental Environmental Impact Statement (FSEIS) related to license renewal of Indian Point Units 2 and 3 (IP2 and IP3), on or before April 30, 2013. As stated previously,2 the Staff intends to include in the FSEIS supplement a discussion of its consultations with National Marine Fisheries Service (NMFS), and Entergy Nuclear Operations, Inc. (Entergy or 1 th NRC Staffs 13 Status Report in Response to the Atomic Safety and Licensing Boards Order th of February 16, 2012 (Mar. 1, 2013) (13 Status Report).
2 th See NRC Staffs 13 Status Report at 1-2; NRC Staffs [Twelfth] Status Report in Response to th the Atomic Safety and Licensing Boards Order of February 16, 2012 (Feb. 1, 2013) (12 Status Report), at 1-2.
Applicant) under Section 7 of the Endangered Species Act (ESA), regarding endangered species at 2 and 3 (IP2 and IP3), including NMFSs issuance of a Biological Opinion.3
- 2. As stated previously, inasmuch as the FSEIS supplement will address aquatic impacts (including impacts to endangered species), the Staff will be unable to proceed to hearing on Contention RK-EC-8 (Endangered Species) until that FSEIS supplement has been issued. The Final FSEIS Supplement will address aquatic impacts only, and does not affect any admitted contention in this proceeding other than Contention RK-EC-8, which has not yet been scheduled for hearing.4
- 3. As also stated previously,5 the Staff is continuing its review of additional information it has received from the Applicant concerning its Reactor Vessel Internals (RVI)
Aging Management Program and Inspection Plan. The Staff expects to issue Supplement 2 to the Safety Evaluation Report (SER), addressing RVI issues, on or about July 31, 2013.6 Further, because SER Supplement 2 will address the Applicants aging management program for reactor vessel internals, the Staff believes that hearings on related Track 2 safety issues (Contentions NYS-25 and related portions of NYS-38/RK-TC-5) should be deferred until SER Supplement 2 has been issued. In addition, to promote efficiency and conservation of resources, and to assure there is no overlap in the issues or testimony, the Staff believes that 3
See Letter from John K. Bullard (Regional Administrator, Northeast Region, National Oceanic and Atmospheric Administration), to Dr. Amy Hull (NRC) (January 30, 2013) (ADAMS Accession No.
th ML13032A256) (copy attached to NRC Staffs 12 Status Report).
4 See NRC Staffs 13th Status Report, at 2.
5 Id.
6 Id. at 2. As stated previously (id. at n.5), the Staff understands that the Electric Power Research Institute (EPRI) is preparing certain technical and guidance documents pertaining to MRP-227-A, which are expected to be issued by May 31, 2013. Once EPRI has issued those documents, the Staff plans to issue a request for additional information (RAI) to the Applicant regarding MRP-227-A. Assuming that EPRI issues its documents by May 31 and that Entergy submits complete responses to the Staffs RAIs by June 30, 2013, the Staff expects to issue SER Supplement 2 on or about July 31, 2013. The Staff will reevaluate its schedule for issuance of SER Supplement 2 as new information becomes available.
evidentiary hearings on the remaining Track 2 safety issues (Contentions NYS-26B/RK-TC-1B and portions of NYS-38/RK-TC-5) should be deferred to coincide with hearings on the other Track 2 safety contentions addressed above.
- 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.7
- 5. As the Board is also aware, in July 2012 the Applicant filed an amendment to its license renewal application (LRA),8 in which it revised its discussion of its Coastal Zone Management Act (CZMA) consistency determination for IP2/IP3.9 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/IP3.10 7
Order (Holding Contentions NYS-39/RK-EC-9/CW-EC-10 and CW-SC-4 in Abeyance)
(Aug. 8, 2012).
8 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).
9 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).
10 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).
Responses to the Applicants motion are due on April 5, 2013;11 contentions on Entergys LRA amendment are due 30 days after the Board rules on Entergys motion.12
- 6. The Staff is not currently aware of any other matter that has the potential to impact the schedule for hearings in 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 st this 1 day of April 2013 11 Order (Granting Parties Joint Motion for Alteration of Filing Schedule) (Feb. 28, 2013).
12 Order (Granting State of New York Motion for Extension of Time to File New Contentions)
(Aug. 31, 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 14TH STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated April 1, 2013, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above- captioned st proceeding, this 1 day of April, 2013.
/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