ML13274A653

NRC Staff 20th Status Report in Response to the Atomic Safety and Licensing Board'S Order of February 16, 2012

ML13274A653
Person / Time
Site:	Indian Point
Issue date:	10/01/2013
From:	Sherwin Turk NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 25130
Download: ML13274A653 (9)

Text

October 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) )

NRC STAFFS 20TH 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 20th monthly status report to the Board.

1. Contention RK-EC-8. As stated in the Staffs previous status report, 1 Contention RK-EC-8 challenges the Staffs issuance of its Final Supplemental Environmental Impact Statement (FSEIS) related to license renewal of Indian Point Units 2 and 3 (IP2 and IP3), 2 prior to completing its consultations with the National Marine Fisheries Service (NMFS) under Section 7 of the Endangered Species Act (ESA). As summarized by the Board, Contention RK-EC-8 alleges that the NRC Staff has failed to complete its formal consultation process with NMFS before issuing its . . . FSEIS, and that, without the input from NMFS, the NRC Staff was unable to take a hard look at those impacts as required by NEPA.

1 NRC Staffs 19th Status Report in Response to the Atomic Safety and Licensing Boards Order th of February 16, 2012 (Sept. 3, 2013) (19 Status Report), at 1.

2 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating Units Nos. 2 and 3, NUREG-1437, Supp. 38, Vol. 4 (June 2013).

On January 30, 2013, NMFS issued a final Biological Opinion for endangered species in the vicinity of IP2 and IP3, and in June 2013, the Staff issued a Supplement (Volume 4) to the FSEIS, in which it described the completion of its consultation process with NMFS and incorporated NMFSs views in its evaluation of the impacts of license renewal on endangered and threatened species under the National Environmental Policy Act of 1969 (NEPA). On July 17, 2013, Entergy Nuclear Operations, Inc. (Entergy or Applicant) filed a motion to dismiss Contention RK-EC-8 as moot; 3 answers to the Applicants motion were filed by the Staff and Riverkeeper on August 6 and August 20, 2013, respectively. A Board decision on that motion is pending.

2. Amended Contention RK-EC-8. On August 20, 2013, Riverkeeper filed a motion seeking to amend Contention RK-EC-8, in accordance with the Boards Order of July 9, 2013. 4 Pursuant to 10 C.F.R. § 2.309(h), and an extension of time afforded by the Board on September 13, 2013, 5 answers to Riverkeepers motion and its proposed amended contention are due to be filed today, October 1, 2013.

3. SER Supplement 2. As stated previously, 6 the Staff plans to issue a further supplement (Supplement 2) to its Safety Evaluation Report (SER) related to license renewal of IP2/IP3. As also stated previously, 7 the SER Supplement is expected to address the information provided by the Applicant in its responses to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1 in August 2011; this will 3

Entergy Motion to Dismiss Riverkeeper Contention RK-EC-8 (Endangered and Threatened Aquatic Species) as Moot (July 17. 2013).

4 Riverkeeper, Inc. Consolidated Motion for Leave to File Amended Contention RK-EC-8A and Amended Contention RK-EC-8A (Aug. 20, 2013).

5 Order (Granting Staffs Motion for an Extension of Time) (Sept. 13, 2013).

6 See, e.g.,19th Status Report, at 2.

7 Id.

include information concerning the Applicants Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan (AMP), as well as changes made to the LRA since the issuance of SER Supplement 1 in August 2011. 8 The Staff currently expects to issue additional RAIs concerning RVI and other issues this fall, and to issue the SER Supplement in early 2014. The Staff will provide further information to the Board regarding this matter as it becomes available.

4. Track 2 Safety Issues. As stated previously, 9 the Staff believes that hearings on Track 2 safety issues related to the Applicants RVI aging management program (Contentions NYS-25 and portions of NYS-38/ RK-TC-5) should be deferred until the Staff has completed its evaluation of this matter. 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 evidentiary hearings on the remaining Track 2 safety issues (Contentions NYS-26B/RK-TC-1B and remaining portions of NYS-38/RK-TC-5) should be deferred to coincide with hearings on Contention NYS-25 and RVI-related portions of Contention NYS-38/RK-TC-5.

5. Waste Confidence. As the Staff noted previously, 10 the Commission has undertaken further consideration of its Waste Confidence Decision, and has stated that it "will not issue licenses dependent upon the Waste Confidence Decision or the Temporary Storage Rule until the court's remand [in State of New York v. NRC, 681 F.3d 471 (D.C. Cir. 2012)] is appropriately addressed." 11 Following issuance of the Court of Appeals decision, the 8

Following the Staffs issuance of SER Supplement 1, the Applicant revised its LRA and/or RAI responses in various areas, including (a) the One-Time Inspection and Selective Leaching programs; (b) the Metal Enclosed Bus Inspection program; (c) the IP2 Auxiliary Feedwater Pump Room Fire Event; (d) the Buried and Underground Piping and Tanks Inspection program; (e) RVI issues; and (f) other matters identified in the Applicants annual LRA updates.

9 See, e.g., 19th Status Report, at 4.

10 Id.

11 Calvert Cliffs 3 Nuclear Project, LLC and Unistar Nuclear Operating Services, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), CLI-12-16, 76 NRC 63, 67 (Aug. 7, 2012).

Intervenors in this proceeding filed new contentions related to waste storage and/or disposal, to which the Applicant and Staff responded on August 2 and 3, 2012, respectively. On August 8, 2012, the Board ordered that all other pleadings concerning these contentions be held in abeyance, pending further order. 12 On August 5, 2013, the Commission issued a Staff Requirements Memorandum (SRM), directing the Staff to publish a proposed rule and draft environmental impact statement (EIS) on waste confidence issues, upon making certain revisions to previous drafts thereof. In accordance with that SRM, on September 13, 2013, the Staff published a proposed rule and notice of availability of a draft EIS on waste confidence issues. 13 As stated in the Federal Register Notices, comments on the proposed rule and draft EIS are due to be filed by November 27, 2013. The Staff has also announced that 12 public meetings will be held on those issues during the comment period, including a meeting in Tarrytown, NY, on October 30, 2013. 14 The Staff will provide further information concerning this matter when available.

6. CZMA Issues. As stated previously, 15 on June 12, 2013, the Board denied the Applicants motion, 16 and the State of New Yorks (New York) cross-motion, 17 seeking a 12 Order (Holding Contentions NYS-39/RK-EC-9/CW-EC-10 and CW-SC-4 in Abeyance)

(Aug. 8, 2012). The Commission has similarly held such contentions in abeyance in other proceedings.

See Calvert Cliffs, supra, 76 NRC at 68-69.

13 See (1) Proposed Rule, Waste Confidence - Continued Storage of Spent Nuclear Fuel, 78 Fed. Reg. 56,776 (Sept. 13, 2013); (2) Draft Waste Confidence Generic Environmental Impact Statement, 78 Fed. Reg. 56,621 (Sept. 13, 2013).

14 Public Meetings, Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement, 78 Fed. Reg. 57,538 (Sept. 19, 2013).

15 19th Status Report, at 5.

16 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).

17 State of New York Response to Entergys Request to the Atomic Safety and Licensing Board for a Declaratory Order Concerning Coastal Zone Management Act Issues and Cross-Motion for Declaratory Order (Apr. 5, 2013) (Cross-Motion).

declaratory order regarding the need for a review of the IP2/IP3 license renewal application to determine its consistency with the New York State Coastal Management Program pursuant to the Coastal Zone Management Act (CZMA). 18 The Board noted that no consultation has occurred between the Staff, New York and Entergy, pursuant to 15 C.F.R. § 930.51(e), and left open the possibility that the motions might be refiled after such consultation occurs. The Staff expects to initiate consultations with New York and Entergy this fall, and will provide further information to the Board regarding this issue as it becomes available.

7. Contention NYS-35/36. As also stated previously, 19 on May 7, 2013, the Applicant notified the Board that it had submitted to the Staff the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives (SAMAs) which it had previously identified as potentially cost-beneficial. 20 In its Board notification, the Applicant noted that it was submitting the new information to support resolution of certain issues identified by the Board in its July 14, 2011 decision granting New Yorks motion for summary disposition of Consolidated Contention NYS-35/36 [LBP-11-17, 74 NRC 11 (2011)], and that its letter to the Staff also addressed certain statements by the Commission in its December 22, 2011 ruling on Entergys Petition for Review of that same decision [CLI-11-14, 74 NRC 801 (2011)]. 21 The Applicants submittal thus has the potential to affect litigation of Consolidated Contention NYS 35/36.

18 Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013). In its Order, the Board ruled that its denial of Entergys and New Yorks motions does not trigger the time for filing new contentions. Id. at 4 n.16, citing Order (Granting State of New York Motion for Extension of Time to File New Contentions) (Aug. 31, 2012) (requiring the filing of new contentions on Entergys LRA amendment regarding the need for a CZMA consistency determination within 30 days after the Board rules on Entergys motion).

19 19th Status Report, at 5-6.

20 See Letter from Kathryn M. Sutton, Esq., et al., to the Board (May 7, 2013), attaching Letter from Fred Dacimo (Entergy) to the NRC Document Control Desk, NL-13-075 (May 6, 2013) (ADAMS Accession No. ML13142A014).

21 Id. at 1 and 2.

On July 9, 2013, the Board ruled that adjudicatory submissions based on NL-13-075

[Entergys letter of May 6, 2013] are due no later than 60 days after the Staff issues its draft FSEIS supplement or an equivalent document discussing its review of NL-13-075, or alternatively, no later than 60 days after the NRC Staff notifies the parties that it will not issue a written evaluation of NL-13-075 in any form. 22 In this regard, the Staff expects to commence a review of the Applicants new cost-benefit information this fall, and to complete its evaluation in spring 2014; the Staff has not yet decided whether it will present its evaluation of that information in an FSEIS Supplement. The Staff will provide further information to the Board regarding this issue as it becomes available.

8. Track 1 Contentions. As the Board is aware, the parties have filed proposed findings of fact and conclusions of law on all nine safety and environmental Track1 contentions.

The record on those contentions is currently under review by the Board.

9. License Renewal Inspections. In my letter to the Board of June 12, 2013, I reported as follows:

In May 2013, the Staff conducted further inspections of Entergys implementation of its license renewal commitments under Temporary Instruction (TI) 2516/001 (see generally, Tr. at 3356-57, 3442-43, 3629, 3686, 3867-68). The Staff expects to issue an inspection report describing the Staffs findings, in accordance with established NRC inspection procedures, within the next 45 days.

Id. The Staffs inspection of May 2013, referred to in my letter, concerned the Applicants implementation of its license renewal commitments for Indian Point Unit 2. An inspection report 22 Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 2.

concerning that inspection was issued on July 5, 2013. 23 On September 9-12, 2013, the Staff completed its license renewal inspection at Indian Point Unit 2, as discussed in an inspection report issued on September 19, 2013. 24

10. UFSAR Revision and LRA Update. In accordance with Section 558(c) of the Administrative Procedure Act, 5 U.S.C. § 558(c), and 10 C.F.R. § 2.109, Indian Point Unit 2 (IP2) entered the period of timely renewal on September 29, 2013, during which the facility is continuing to operate under its existing license pending issuance of the NRCs determination on the license renewal application (LRA). 25 In connection with IP2s anticipated entry into the period of timely renewal, on September 26, 2013, the Applicant submitted a letter to the NRC, in which it revised the IP2 Updated Final Safety Analysis Report (UFSAR) to incorporate provisions contained in Appendix A (UFSAR Supplement) of the IP2 LRA, in accordance with 23 See Letter from James M. Trapp, NRC, to John Ventosa, Entergy (July 5, 2013) and attached Indian Point Nuclear Generating Unit 2 - NRC License Renewal Team Inspection Report 05000247/2013009 (ADAMS Accession No. ML13186A179). The letter of transmittal stated, inter alia, as follows:

No findings were identified during this inspection. The team concluded that Entergy had made sufficient progress to complete our review of 30 commitments during this inspection. Eleven of the commitments reviewed during this inspection were determined to merit additional assessment during our planned follow-up license renewal inspection scheduled for September 2013.

24 See Letter from James M. Trapp, NRC, to John Ventosa, Entergy (Sept. 19, 2013) and attached Inspection Report 05000247/2013010 (ADMAS Accession No. ML13263A020). The letter of transmittal stated as follows: No findings were identified during this inspection. The NRC determined that the commitments reviewed associated with the license renewal application had been appropriately implemented.

25 The Staff had previously informed the Board and parties of the potential that Indian Point Unit 2 may enter the period of timely renewal, and of Entergys commitment to undertake certain actions prior to entering that period. See letter from Sherwin Turk, Esq. to the Board (May 6, 2013), and attached letter from F. Dacimo, Entergy, to NRC Document Control Desk, Entergy Actions Required Prior to Entry into Period of Extended Operation Associated with [LRA] for Indian Point Energy Center Unit 2, NL-13-071 (May 1, 2013).

the commitment stated in Entergys letter of May 1, 2013 (NL-13-071). 26 Also on September 26, 2013, the Applicant submitted Amendment No. 14 to its LRA, amending certain aspects of its LRA for IP2. 27

11. 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 this 1st day of October 2013 26 See Letter from F. Dacimo, Entergy, to NRC Document Control Desk, Indian Point Energy Center Letters to NRC, License Renewal Application, dated April 23, 2007, NL-13-130 (Sept. 26, 2013)

(ADAMS Accession No. ML13269A452).

27 See Letter from F. Dacimo, Entergy, to NRC Document Control Desk, Amendment 14 to License Renewal Application, NL-13-131 (Sept. 26, 2013) (ADAMS Accession No. ML13269A452).

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 20TH STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated October 1, 2013, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above- captioned proceeding, this 1st day of October, 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