ML14182A770

NRC Staff'S 29th Status Report in Response to the Atomic Safety and Licensing Board'S Order of February 16, 2012

ML14182A770
Person / Time
Site:	Indian Point
Issue date:	07/01/2014
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 26147
Download: ML14182A770 (10)

Text

July 1, 2014 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 29th 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 29th monthly status report to the Board.

Safety Issues

1. SER Supplement 2. As stated previously, 1 the Staff plans to issue Supplement 2 to its Safety Evaluation Report (SER) related to license renewal of IP2/IP3, in which it will address information provided in the Applicants responses to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1; this will 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. The Staff transmitted RAIs on RVI issues to the Applicant on November 19, 1

See, e.g., NRC Staffs 28th Status Report in Response to the Atomic Safety and Licensing th Boards Order of February 16, 2012 (June 2, 2014) (28 Status Report) at 1-2.

2013; the Applicant submitted its responses to those RAIs on January 16, 2014. 2 On April 9, 2014, the Staff transmitted additional RAIs on RVI issues to the Applicant, 3 to which the Applicant responded on June 9, 2014. 4 The Staff is reviewing the Applicants response, and has determined that it requires certain additional information to complete its review. The Staff and Entergy held a preliminary conference call to discuss this matter, and plan to hold a further conference call on this subject during the week of July 7, 2014. Assuming that the Applicant submits an acceptable response to the Staffs request by August 7, 2014, the Staff anticipates that its SER Supplement would be issued on or before November 7, 2014. The Staff will provide further information to the Board regarding this matter as it becomes available.

2. Track 2 Safety Issues. There has been no change in this item since the Staff filed its previous status report. As stated previously, 5 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.

2 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (Jan. 16, 2014) (ADAMS Accession No. ML14027A413).

3 Letter from Kimberly Green (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application, Set 2014-02 (April 9, 2014) (ADAMS Accession No. ML14094A173).

4 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (June 9, 2014) (ADAMS Accession No. ML14176A159).

5 th See, e.g., 28 Status Report, at 2.

3. UFSAR Revision and LRA Update. As stated previously, 6 on September 26, 2013, the Applicant submitted a letter to the NRC, in which it revised the Indian Point Unit 2 (IP2) Updated Final Safety Analysis Report (UFSAR) to incorporate the provisions in Appendix A (UFSAR Supplement) of the IP2 LRA, in accordance with a commitment stated in Entergys letter of May 1, 2013 (NL-13-071). 7 Also on September 26, 2013, the Applicant submitted Amendment No. 14 to its LRA, amending certain aspects of the IP2 LRA. 8 That information has been reviewed by the Staff and will be addressed in SER Supplement 2.

Environmental Issues

4. Waste Confidence. There has been no change in this item since the Staff filed its previous status report. As the Staff noted previously, 9 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." 10 Following issuance of the Court of Appeals decision, the 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, 6

See, e.g., id, at 2-3.

7 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).

8 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).

9 th See, e.g., 28 Status Report, at 3-4.

10 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).

2012, the Board ordered that all other pleadings concerning these proposed contentions be held in abeyance, pending further order. 11 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. 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. 12 Numerous comments were submitted regarding the proposed rule and draft EIS, pursuant to the Federal Register Notices. 13 The Staff continues to expect that this rulemaking process will conclude in October 2014. The Staff will provide further information concerning this matter when available.

5. Suspension Petition. There has been no change in this item since the Staff filed its previous status report. 14 On February 27, 2014, Clearwater (and other petitioners) filed a petition before the Commission, seeking to suspend reactor licensing and re-licensing decisions in this and 11 other NRC proceedings, pending the completion of a requested rulemaking proceeding on spent fuel pool issues; 15 answers opposing the suspension petition were filed by Entergy and the Staff on March 21, 2014. A Commission decision on the suspension petition is pending.

11 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.

12 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).

13 Proposed Rule; Extension of Comment Period; Waste Confidence--Continued Storage of Spent Nuclear Fuel, 78 Fed. Reg. 66,858 (Nov. 7, 2013).

14 See 28th Status Report at 4.

15 Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures (Feb. 27, 2014).

6. Contention NYS-35/36. On July 14, 2011, the Board issued LBP-11-17, granting summary disposition on Contention NYS-35/36 (Cost-Beneficial SAMAs) in favor of New York. 16 On February 14, 2014, the Applicant and Staff filed petitions for Commission review of that decision; 17 New York filed an answer opposing those petitions on March 25, 2014; the Applicant and Staff filed replies to New Yorks answer on April 9, 2014. The petitions are currently pending before the Commission.

As stated previously, 18 on May 7, 2013, the Applicant notified the Board that it had submitted a letter to the Staff (NL-13-075), reporting the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives (SAMAs) that previously had been identified as potentially cost-beneficial. 19 In its notification, the Applicant noted, inter alia, that it was submitting the information to support resolution of certain issues identified by the Board in LBP-11-17. 20 On July 9, 2013, the Board directed that adjudicatory submissions based on NL-13-075 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. 21 The Staff has completed its initial review of the 16 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC 11, petition for interlocutory review denied, CLI-11-14, 74 NRC 801 (2011).

17 See (1) Applicants Petition for Review of Board Decisions Regarding Contentions NYS-8 (Electrical Transformers), CW-EC-3A (Environmental Justice), and NYS-35/36 (SAMA Cost Estimates)

(Feb. 14, 2014) (Applicants Petition for Review); and (2) NRC Staffs Petition for Commission Review of LBP-13-13 in Part (Contentions NYS-8 and CW-EC-3A), and LBP-11-17 (Contention NYS-35/36)

(Feb. 14, 2014) (Staff Petition for Review).

18 th See, e.g., 28 Status Report, at 5.

19 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).

20 Id. at 1 and 2.

21 Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 2.

Applicants refined engineering project cost information. The Staff expects to complete its evaluation and to decide whether it will present its evaluation of the information in an FSEIS Supplement or in some other document, later this year. The Staff will provide further information to the Board regarding this issue when available.

7. Contention NYS-12C (SAMAs). On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13, concerning its resolution of Contention NYS-12C; 22 the Applicant and Staff filed answers to that petition on April 28, 2014; New York filed its reply on May 22, 2014. 23 On April 1, 2014, the Board denied New Yorks motion to reopen the record and reconsider its decision in LBP-13-13, concerning its resolution of Contention NYS-12C. 24 On April 28, 2014, New York filed a petition for review of the Boards Order denying its motion to reopen and reconsider; 25 answers to that petition were filed by Entergy and the Staff on May 23, 2014; New Yorks combined reply to those answers was filed on June 2, 2014. New Yorks petitions are currently pending before the Commission.

8. CZMA Issues. On June 12, 2013, the Board denied the Applicants and New Yorks motions seeking the entry of a declaratory order regarding the need to review the IP2/IP3 LRA to determine its consistency with the New York State Coastal Management 22 State of New York Petition for Review of Atomic Safety and Licensing Board Decision LBP-13-13 With Respect to Consolidated Contention NYS-12C (Feb. 14, 2014).

23 Petitions for review of LBP-13-13 were also filed by Clearwater (on Contention CW-EC3A), and by Entergy and the Staff (on Contentions NYS-8, CW-EC3A, and NYS-35/36); answers to those petitions were filed on March 25, 2014; replies were filed on April 9, 2014.

24 Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014); see Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-13-13, 78 NRC ___ (Nov. 27, 2013) (slip op.).

25 State of New York Petition for Review of Atomic Safety and Licensing Boards April 1, 2014 Decision Denying the States Motion to Reopen the Record and for Reconsideration of the Boards November 27, 2013 Partial Initial Decision Concerning Consolidated Contention NYS-12C (Apr. 28, 2014).

Program, pursuant to the Coastal Zone Management Act (CZMA). 26 As the Board noted, consultations had not yet been held between the Staff, New York and Entergy, pursuant to 15 C.F.R. § 930.51(e); the Board left open the possibility that the motions might be re-filed after consultation occurs. 27 The Staff has initiated consultations with the New York State Department of State (NYSDOS), and expects to continue those consultations with NYSDOS and Entergy in the near future. On December 6, 2013, the Staff transmitted to NYSDOS a request for information regarding previous reviews of Indian Points consistency with the New York Coastal Management Program; 28 on May 30, 2014, NYSDOS transmitted its response to the Staff. 29 The Staff has reviewed the NYSDOS response and has determined that it will need additional information from NYSDOS and Entergy concerning the States previous consistency reviews.

The Staff expects to transmit follow-up requests for information to both Entergy and NYSDOS by the end of September 2014. The Staff will provide further information to the Board regarding this issue when available.

26 Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013).

27 In its Order of June 12, 2013, 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).

28 See (1) Letter from Sherwin E. Turk to the Board (Dec. 12, 2013), transmitting letter from David J. Wrona (NRC) to George Stafford (NYSDOS) (Dec. 6, 2013) (ADAMS Accession No. ML13281A065);

(2) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014) (ADAMS Accession No. ML14028A209); (3) Summary of Phone Call Between [NYSDOS] and [NRC] on January 13, 2014 (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (4) Letter from David J. Wrona (NRC) to George Stafford (NYSDOS) (Consistency of the Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Application with New York State Coastal Management Program) (Mar. 4, 2014) (ADAMS Accession No. ML14024A064); and (5) Summary of Phone Call Between New York State Department of State and U.S. Nuclear Regulatory Commission on May 7, 2014, Regarding the Coastal Zone Management Act Consistency Review (ADAMS Accession No. ML14136A005).

29 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(May 30, 2014) (ADAMS Accession No. ML14154A334).

9. Aquatic Impacts. As stated previously, 30 on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in the Hudson River, 31 modifying information that was evaluated in the FSEIS for Indian Point license renewal, issued in December 2010, and the FSEIS Supplement (FSEIS Volume 4) issued in June 2013. 32 The Staff has undertaken to commence a review of the new information and to secure a contract for expert assistance to support that review. The Staff expects to complete its review of the new information in late 2014. The Staff has not yet determined whether it will issue an FSEIS supplement to address the new information, and expects to make that determination when its review of Entergys new information is completed.

The Staff will provide further information to the Board regarding this issue when available.

30 th See, e.g., 28 Status Report, at 7.

31 See Letter from F. Dacimo, Entergy, to Lois James and NRC Document Control Desk, Final Supplemental Environmental Impact Statement, NL-14-030 (Feb. 19, 2014) (ADAMS Accession No. ML14063A528).

32 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38 (Dec. 2010) (FSEIS) (Ex. NYS000133A-J); Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38, Volume 4 (June 2013)

(ADAMS Accession No. ML13162A616).

10. Other Matters. 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 July 2014

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 29th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated July 1, 2014, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above- captioned proceeding, this 1st day of July, 2014.

/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