ML13099A157

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Secy Response Letter to Arthur Kremer
ML13099A157
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 04/08/2013
From: Annette Vietti-Cook
NRC/SECY
To: Kremer A
New York Affordable Reliable Electricity Alliance (NYAREA)
SECY RAS
References
RAS 24363, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML13099A157 (7)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 8, 2013 OFFICE OF THE SECRETARY Arthur Kremer Chairman NY AREA 114 West 4th Street 19th Floor New York, NY 10036

Dear Mr. Kremer and Board Members:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of February 28, 2013, to Chairman Allison Macfarlane in which you, on behalf of the New York Affordable Reliable Electricity Alliance, express support for the continued operation of Indian Point Units 2 and 3.

As the relicensing of Indian Point, Units 2 and 3, is the subject of a current adjudication before an Atomic Safety and Licensing Board, the Commission cannot respond. I must advise that under agency regulations, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission. I am referring your letter to the NRC staff.

A copy of your letter and this response will be served on the participants in the Indian Point License Renewal proceeding.

Annette L Vietti-Cook Secretary of the Commission cc: Indian Point Service List

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I February 28, 2013 Advisory Board Arthur j, ("jerry") The Honorable Allison M, Macfarlane Kremer Advisory Board Chairman Chairman U.S. Nuclear Regulatory Commission Richard T, Anderson Washington, DC 20555-0001 New York Building Congress Heather Briccetti The Business Councii of

Dear Chairman Macfarlane:

New York State On behalf of the New York Affordable Reliable Electricity Alliance (New York AREA) and its Matthew Cordaro Formerly with the members, we sincerely thank you for providing our organization the opportunity to meet with Midwest ISO you and members of your staff on February 12,2013, New York AREA advisory board members Gavin J, Donohue who participated in the meeting, including representatives from the Utility Workers Union of Independent Power America Local 1-2, the Business Council of New York State, the Westchester County Producers o/New York, Association, and the Hudson Valley Gateway Chamber of Commerce, greatly appreciated the Inc, chance to speak with you directly regarding the economic importance and safe operations of Dr, Marsha Gordon the Indian Point Energy Center in Westchester County.

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Westchester As noted in our meeting, New York AREA wa~ formed in the wake of the 2003 blackout that Denis Hughes affected the entire northeast United and represents some of the largest employers in New York State AFL*CIO the state, as well as labor organizations, community leaders, and energy companies, Since Steven Ludw.gson 2007, we have advocated for license renewal 'for Indian Point UniTS 2 and 3, highlighting the Boilermakers Local No,5 plant's exemplary safety record and significant benefits to air quality, electric affordability, and Norris McDonald grid reliability, AfrIcan American EnVironmentalist Association The economic and environmental benefits that the region derives from Indian Point are impressive: it generates hundreds of millions of dollars in economic actiVity, supports Al Samuels Rockland Business thousands of jobs directly and indirectly, mitigates the release of millions oftons of toxic Association emissions into the atmosphere, and supplies approximately 25 percent of the New York metropolitan area's electricity and 11 percent statewide.

Bob Seeger Millwrighrs Locol740 As we move toward an even more electric-dependent future, New York will need additional Kathryn Wylde Partnership lor generating capacity to meet future demand. It will be formidable, if not impossible, to reach New York City these goals without indian Point. In fact, the New York independent System Operator, which Chris Thorpe, CFA runs the state's electric grid, has repeatedly warned that reliability would be seriously INTL FCStone Inc, degraded without Indian Point, jamesSlevm Utlln" Workers Union of While the economic and environmental arguments in favor of indian Point are clear, during America Loca/1*;: our meeting we agreed that the plant's continued operation transcends all considerations. For years, our organization has been outspoken in our support for the Nuclear Regulatory Commission's (NRC) stringent oversight of plant operations and its commitment to ensuring the highest level of sa'fety at our nation's 104 nutlear power plants, Furthermore, the NRC's rigorous, mUlti-year inspection and review process for granting license renewal sets the giobal standard for excellence in safe and secure nuclear power plant operations.

We support the Commission's deployment of hundreds of independent safety inspectors who remain on site at each nuclear facility throughout the year, including Indian Point, and ensure that Entergy and all nuclear plant operators remain accountable to maintaining public safety.

Entergy's commitment to ensuring that the nuclear industry's foremost safety standards are maintained and exceeded by the more than 1,100 employees at Indian Point has helped to earn it the NRC's highest safety rating of green for eight straight years.

As you know, numerous independent safety evaluations of Indian Point's qualifications for license renewal have all concluded that the plant is safe and can continue to operate safely for another 20 years. This includes the Indian Point Independent Safety Evaluation, an independent panel of experts with a combined 400 years of plant safety experience. In 2009, the panel concluded, "[Indian Point] is a safe plant and Entergy is attentive to nuclear safety.

Operations are conducted competently and professionally, meeting the highest standards of the U.S. nuclear industry."

Your stated commitment that safety considerations will remain the primary focus throughout the license renewal process was especially welcomed by our labor representatives from the Utility Workers Union of America Local 1-2. As Messrs. Stahl and Marzullo noted during the meeting, they and their members have committed their careers to ensuring Indian Point continues to operate safely; and they would not work at the plant nor live nearby with their families if they had any concerns about its safety.

New York AREA will continue to support your critical role in ensuring that the highest standards of safety are observed and maintained at Indian Point, and we will continue to advocate for license rel)ewal for the many compelling reasons reflected in this correspondence and during our meeting.

Thank you again for your time and for your offer of continued engagement and dialogue between your agency and our organization. We will gladly serve as a resource in any way necessary to support the NRC in its assessment of Indian Point.

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cc: Richard Thomas, Director, New York AREA Darren Suarez, Energy Policy Director, Business Council of New York State Deborah Milone, Executive Director, Hudson Valley Gateway Chamber of Commerce Robert Stahl, Senior Business Agent, Utility Workers Union of America Local 1-2 Dominic Marzullo, Business Representative, Utility Workers Union of America Local 1-2 William Mooney, Jr., President and CEO, Westchester County p.ssodation Marissa Brett, Executive Director, Westchester County Association

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About New York AREA The New York Affordable Reliable Electricity Alliance (New York AREA) is a diverse and ever expanding coalition of New York's best-known business organizations, labor unions, independent energy experts, and community and environmental leaders. New York AREA members are united in their support for policies that will supply New York with reliable and affordable electric power to fuel our economic recovery and sustain New York as a world class place for people to live and to do business.

New York AREA's primary mission is to educate the general public, news media, and policy makers at all levels about New York's energy supply challenges, while simultaneously promoting sensible solutions that stimulate the economy, create jobs, and satisfy New York's growing demand for power. New York AREA continues to achieve this mission through public education, issues advocacy, media outreach, and earned media campaigns.

New York AREA is a 501 (c)(6) non-profit organization comprised of more than 150 labor and business organizations, community leaders, and independent energy experts from throughout New York State. Our members include:

African American Environmentalist Association New York City Central Labor Council Boilermakers Local Lodge No.5 New York State Hispanic Chambers of Bronx Chamber of Commerce Commerce Building & Construction Trades Council of Nuclear Energy Institute Nassau & Suffolk Counties Partnership for New York City Business and Labor Coalition of New York Queens Chamber of Commerce (BALCONY) Rockland Business Association Consolidated Edison Company of New York, Inc. Rockland Economic Development Entergy Nuclear Northeast Corporation General Contractors Association of New York Steamfitters Local 638 Hudson Valley Gateway Chamber of Commerce Teamsters Local 282 Independent Power Producers of New York Teamsters Local 456 International Association of Heat Insulators The Business Council of New York State Local 12 The Business Council of Westchester International Brotherhood of Electrical Workers The New York City District Council of INTL FCStone, inc. Carpenters Miiwrights and Machinery Erectors Local 740 The Westchester County Association New York State Chapter ofthe Nationa! Utility Workers Union of America Local 1-2 Federation of Independent Business Westchester Building Trades New York Building Congress Westchester County Habitat for Humanity

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

) Docket Nos. 50-247-LR

) and 50-286-LR (Indian Point Nuclear Generating, )

Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Office of the Secretary Response Letter to Arthur Kremer, NYAREA have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Edward L. Williamson, Esq.

Office of Commission Appellate Adjudication Beth N. Mizuno, Esq.

Mail Stop O-7H4M David E. Roth, Esq.

Washington, DC 20555-0001 Sherwin E. Turk, Esq.

ocaamail@nrc.gov Brian Harris, Esq.

Mary B. Spencer, Esq.

U.S. Nuclear Regulatory Commission Anita Ghosh, Esq.

Office of the Secretary of the Commission Karl Farrar, Esq.

Mail Stop O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the General Counsel hearingdocket@nrc.gov Mail Stop O-15D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission sherwin.turk@nrc.gov; Atomic Safety and Licensing Board Panel edward.williamson@nrc.gov Mail Stop T-3F23 beth.mizuno@nrc.gov; brian.harris.@nrc.gov Washington, DC 20555-0001 david.roth@nrc.gov; mary.spencer@nrc.gov anita.ghosh@nrc.gov; karl.farrar@nrc.gov Lawrence G. McDade, Chair Administrative Judge OGC Mail Center lawrence.mcdade@nrc.gov OGCMailCenter@nrc.gov Richard E. Wardwell William C. Dennis, Esq.

Administrative Judge Assistant General Counsel richard.wardwell@nrc.gov Entergy Nuclear Operations, Inc.

440 Hamilton Avenue Michael F. Kennedy White Plains, NY 10601 Administrative Judge wdennis@entergy.com michael.kennedy@nrc.gov William B. Glew, Jr.

Shelbie Lewman, Law Clerk Organization: Entergy James Maltese, Law Clerk 440 Hamilton Avenue, White Plains, NY 10601 Carter Thurman, Law Clerk wglew@entergy.com shelbie.lewman@nrc.gov james.maltese@nrc.gov Elise N. Zoli, Esq.

carter.thurman@nrc.gov Goodwin Proctor, LLP Exchange Place, 53 State Street Boston, MA 02109 ezoli@goodwinprocter.com

Docket Nos. 50-247-LR and 50-286-LR Office of the Secretary Response Letter to Arthur Kremer, NYAREA Thomas F. Wood, Esq. Melissa-Jean Rotini, Esq.

Daniel Riesel, Esq. Assistant County Attorney Victoria Shiah Treanor, Esq. Office of Robert F. Meehan, Adam Stolorow, Esq. Westchester County Attorney Jwala Gandhi, Paralegal 148 Martine Avenue, 6th Floor Peng Deng, Paralegal White Plains, NY 10601 Counsel for Town of Cortlandt mjr1@westchestergov.com Sive, Paget & Riesel, P.C.

460 Park Avenue Clint Carpenter, Esq.

New York, NY 10022 Bobby Burchfield, Esq.

driesel@sprlaw.com; vtreanor@sprlaw.com Matthew Leland, Esq.

astolorow@sprlaw.com; jgandhi@sprlaw.com McDermott, Will and Emergy LLP pdeng@sprlaw.com 600 13th Street, NW Washington, DC 20005 Kathryn M. Sutton, Esq. ccarpenter@mwe.com; bburchfield@mwe.com Paul M. Bessette, Esq. mleland@mwe.com Martin J. ONeill, Esq.

Raphael Kuyler, Esq. Matthew W. Swinehart, Esq.

Jonathan M. Rund, Esq. Covington & Burling LLP Lena Michelle Long, Esq. 1201 Pennsylvania Avenue, NW Laura Swett, Esq. Washington, DC 20004 Lance Escher, Esq. mswinehart@cov.com Mary Freeze, Legal Secretary Antoinette Walker, Legal Secretary Edward F. McTiernan, Esq.

Doris Calhoun, Legal Secretary New York State Department Morgan, Lewis & Bockius, LLP of Environmental Conservation 1111 Pennsylvania Avenue, NW Office of General Counsel Washington, DC 20004 625 Broadway ksutton@morganlewis.com 14th Floor martin.oneill@morganlewis.com Albany, NY 12233-1500 rkuyler@morganlewis.com; efmctier@gw.dec.state.ny.us jrund@morganlewis.com llong@morganlewis.com; Manna Jo Greene, Environmental Director lswett@morganlewis.com Steven C. Filler lescher@morganlewis.com Karla Raimundi mfreeze@morganlewis.com Hudson River Sloop Clearwater, Inc.

awalker@morganlewis.com 724 Wolcott Ave.

dcalhoun@morganlewis.com Beacon, NY 12508 mannajo@clearwater.org; Phillip Musegaas, Esq. stephenfiller@gmail.com Deborah Brancato, Esq. karla@clearwater.org Ramona Cearley, Secretary Riverkeeper, Inc.

20 Secor Road Ossining, NY 10562 Richard Webster, Esq.

phillip@riverkeeper.org; Public Justice, P.C.

dbrancato@riverkeeper.org For Hudson River Sloop Clearwater, Inc.

rcearley@riverkeeper.org 1825 K Street, NW, Suite 200 Washington, D.C. 20006 rwebster@publicjustice.net 2

Docket Nos. 50-247-LR and 50-286-LR Office of the Secretary Response Letter to Arthur Kremer, NYAREA Michael J. Delaney, Esq. Janice A. Dean, Esq.

Director, Energy Regulatory Affairs Kathryn Liberatore, Esq.

NYC Department of Environmental Protection Assistant Attorney General 59-17 Junction Boulevard Office of the Attorney General Flushing, NY 11373 of the State of New York mdelaney@dep.nyc.gov 120 Broadway, 26th Floor New York, New York 10271 John J. Sipos, Esq. janice.dean@ag.ny.gov Charles Donaldson, Esq. kathryn.liberatore@ag.ny.gov Assistant Attorneys General Office of the Attorney General Sean Murray, Mayor of the State of New York Kevin Hay, Village Administrator Elyse Houle, Legal Support Village of Buchanan The Capitol, State Street Municipal Building Albany, New York 12224 236 Tate Avenue john.sipos@ag.ny.gov Buchanan, NY 10511-1298 charlie.donaldson@ag.ny.gov smurray@villageofbuchanan.com elyse.houle@ag.ny.gov administrator@villageofbuchanan.com Robert D. Snook, Esq.

Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 robert.snook@po.state.ct.us

[Original signed by Brian Newell ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 9th day of April, 2013 3