ML14028A209
| ML14028A209 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/06/2014 |
| From: | Stafford G State of NY, Dept of State |
| To: | David Wrona Division of License Renewal |
| References | |
| Download: ML14028A209 (2) | |
Text
STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE January 6, 2014 Mr. David J. Wrona, Chief Environmental Review and Guidance Update Branch Division of License Renewal United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re:
Consistency of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application with the New York State Coastal Management Program NRC Docket Nos. 50-247 and 50-286
Dear Mr. Wrona:
We are in receipt of your letter dated December 6, 2013 requesting consultation pursuant to 15 C.F.R. § 930.51 with the New York State Department of State (DOS) regarding the federal consistency review of the license renewal application for Indian Point Nuclear Generating Unit Nos. 2 and 3 (1P2 and IP3). These facilities are owned and operated by Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. (Entergy).
In its June 12, 2013 Order, the Atomic Safety and Licensing Board (ASLB) denied both Entergy's and New York's motions regarding the issue as to whether Entergy had already met its federal consistency obligations and indicated that "no consultation has occurred between the NRC staff, the New York State Department of State, and Entergy pursuant to 15 C.F.R. § 930.51 (e)".' NRC has submitted six questions seeking clarification regarding whether IP2 and IP3 have already been reviewed for federal consistency (16 U.S.C. § 1456(c)(3)(A) and 15 C.F.R. part 930 subpart D). DOS will provide the NRC with a substantive response to its questions.
We note that the NRC indicates that it seeks to engage in a consultation process pursuant to 15 C.F.R. § 930.51 (e). Respectfully, that subsection is inapplicable here.2 Formal consultation conducted pursuant to 15 C.F.R. § 930.5 1(e) is not required for this license renewal application, since no previous federal consistency review of the original operating licenses, issued in 1973 and 1975, was conducted. (15 C.F.R. § 930.51(b)(1)).3 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), United States of America Nuclear Regulatory Commission, Atomic Safety and Licensing Board Order, June 12, 2013. (Docket Nos. 50-247-LR and50-286-LR, ASLBP No. 07-858-03-LR-BDO1), pp. 4-5.
2 The consultation process only arises in the context of a federal license renewal when the original license was previously reviewed for federal consistency by the designated State agency and the renewal will cause an effect on any coastal use or resource "substantially different" than those originally reviewed by the State agency. 15 C.F.R. § 930.51 (b)(3) and (e).
3 See August 8, 2102 letter from to then DOS General Counsel Susan L. Watson to Eric Leeds, Nuclear Regulatory Commission setting forth that DOS is the sole designated state agency authorized to conduct consistency reviews of federal agency activities affecting New York's coastal area and it never reviewed the original operating licenses for IP2 LLC and IP3 ITC WWW.DOS.NY.GOV E-MAIL: INFO@DOS.NY.GOV
Mr. David J. Wrona, Chief Page 2 If you have additional questions, please contact DOS General Counsel, Linda Baldwin, at (518) 474-6740.
Sincerely, coJrge R.4Stfford Deputy Secretary of State c:
Lawrence G. McDade Dr. Michael F. Kennedy Dr. Richard E. Wardwell John Sipos Chris Hogan Sherwin Turk