ML14310A346
| ML14310A346 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/06/2014 |
| From: | Sipos J State of NY, Office of the Attorney General |
| To: | Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 26875 | |
| Download: ML14310A346 (9) | |
Text
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 473-3105 FAX (518) 473-2534 WWW.AG.NY.GOV November 6, 2014 Lawrence G. McDade, Chair Richard E. Wardwell Michael F. Kennedy Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Re:
Indian Point Nuclear Generating Station, Unit 2 and Unit 3, Docket Nos. 50-247-LR/50-286-LR; ASLBP No. 07-858-03-LR-BD01
Dear Administrative Judges:
On various occasions, Your Honors have inquired about the status of Entergys Coastal Zone Management Act proposed certification and consistency determination.
The State of New York writes to inform the Atomic Safety and Licensing Board that yesterday afternoon Entergy informed the New York State Department of State and NRC Staff that Entergy sought to withdraw its request for a Coastal Zone Management Act proposed certification and consistency determination that the company previously submitted to the Department of State on December 17, 2012. A copy of Entergys letter is attached. See November 5, 2014 Letter from Fred Dacimo, Entergy, to U.S. Nuclear Regulatory Commission and New York State Department of State (attached). Yesterdays letter ostensibly indicated that the applicants action is based, in part, on Staffs announcement that Staff anticipates that it will complete the NEPA EIS process in March 2016.
Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General cc: All individuals, parties, or NRC offices on the Service List
November 5, 2014 Letter from Fred Dacimo, Entergy, to U.S. Nuclear Regulatory Commission and New York State Department of State Entergy communication NL-14-140
Enterqv Nuclear Northeast Indian Point Energy Center 450 Broadway, GSB P.O. Box 249
- Buchanan, NY 1051 1-0249 Tel (91a) 254-2055 Fred Dacimo Vice President Operations License Renewal NL-14-140 November 5,2014 U.S. Nuclear Regulatory Commission New York State Department of State Document Control Desk One CommercePlaza 11545 Rockville Pike, TWFN-2 Fl 99 Washington Street Rockville, }l4D20852-2738 Albany, NY 12231-0001 Attn: Linda M. Baldwin, General Counsel
Subject:
WITHDRAWAL OF DECEMBER 17,2012 COASTAL ZONE MANAGEMENT ACT CONSISTENCY CERTIFICATION Indian Point Nuclear Generating Unit Nos. 2 & 3 NRC License Nos. DPR-26 and DPR-64 NRC Docket Nos. 50-247 and 50-286 New York State Department of State File #F-2012-1028
References:
- 1. Entergy Letter from Fred Dacimo to NRC Document Control Desk, "Supplement to License Renewal Application - Compliance with Coastal ZoneManagement Act" (July 24, 2012) G.JL-1 2-1 07) (MLt2207 A122).
- 2. Indian Point LR Hearing - IPEC - "Transmittal of Consistency Certification Pursuant to the Coastal ZoneManagement Act" (December 17,2012) (ML130154.037).
- 3. Attachment I : "Transmittal Letter of Consistency Certification Pursuant to the Coastal ZoneManagement Act" - Indian Point Nuclear Generating Unit Nos. 2 &3 - (December I 7, 20 1 2) (MLr23 52 A3 43).
- 4. Attachment 2: "Consistency Certification for Entergy Nuclear Indian Point 2 and Entergy Nuclear Point 3 License Renewal Application" - (December 17,2012) (ML12352A342).
- 5. Affachment 4: "Entergy Federal Consistency Assessment Form and Supporting Information for License Renewal Application" - (Decemb er 17, 2072) (ML13095A474).
- 6. "Notification of Entergy's Consistency Pursuant to the Coastal ZoneManagement Act" (December 17, 20 12) (ML123 52A3 4l).
Docket Nos. 50-247 & 50-286 NL-14-140 Page 2 of 4
- 7. "Proposed Schedule for the Review of Additional Information." (November 3,2014)
(MLt42s4A207).
Dear Ladies and Gentlemen:
This letter is submitted by Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point Unit 2,LLC, and Entergy Nuclear Indian Point Unit 3,LLC (collectively, "Entergy"), in connection with license renewal for Indian Point Units 2 and3 (collectively, "IPEC"). As summarized in the July 24,2012, Supplement to the IPEC License Renewal Application ("LRA";, and as set forth in Section 9.3 of the LRA, Entergy has determined that IPEC already has obtained the necessary consistency reviews from the State ofNew York, and that license renewal will not result in coastal effects that are substantially different than the effects previously reviewed by New York State and found to be consistent with applicable policies of the New York Coastal Management Plan ("NYCMP"). Accordingly, Entergy explained that it need not, in connection with the LRA, certifr IPEC's consistency with the NYCMP or obtain the concurrence of the New York State Department of State ("NYSDOS") with that certification.
Entergy also noted that the NYCMP independently exempts IPEC from review under the federal Coastal ZoneManagement Act ("CZMA") and the NYCMP because the NYCMP's grandfathering clause applies to IPBC.
In December 2012, Entergy concluded that it was prudent, in the alternative to its above-described positions, to file a consistency certification pursuant to the CZ}I4A, under a full reservation of rights with respect to the above-described positions. Thus, on December 17,2072, in accordance with 15 C.F.R.
$ 930.57(a), Entergy provided a consistency certification to the Nuclear Regulatory Commission
('NRC") and furnished a copy of the consistency certification and necessary data and information to NYSDOS.
By this letter, Entergy is withdrawing the consistency certification that it had provided to NRC (with a copy furnished to NYSDOS) on December 17,2012. Entergy is doing so because the NRC Staff announced on November 4,2014, that it will be issuing in March 2016 a supplement to its Final Supplemental Environmental Impact Statement
("FSEIS Supplement")
conceming IPEC license renewal (and in particular addressing, among other things, new information concerning aquatic impacts),r which is substantially after the cunent December 31,2014, deadline for NYSDOS to object to or concur with Entergy's December 17,2012, consistency certification. Unless the previous review or grandfathering issues are first and finally resolved in Entergy's favor, Entergy intends to file a new consistency certification after NRC issues the FSEIS Supplement. That new consistency certification will initiate NYSDOS's review process, and will allow the FSEIS Supplement to be part of the record before NYSDOS and, should NYSDOS object to the new certification, the Secretary of Commerce on appeal.
' In its Proposed Schedule for the Review of Additional Information on November 4,2014, NRC Staffidentified March 2016 as the scheduled date for issuance of a final supplement to the FSEIS. See, letter of Christopher G. Miller, Director, Division of License Renewal, Office of Nuclear Reactor Regulation, to Vice President, Operatibns, for Entergy, dated November 3, 2014, regarding "Proposed Schedule for the Review of Additional Information." ML14254A207. See also 79 Fed. Reg. 52058 (Sept. 2,2014) (notice of NRC intent to prepare an FSEIS supplement).
Docket Nos. 50-247 & 50-286 NL-14-140 Page 3 of 4 NYSDOS previously determined that NRC FSEIS supplements constitute "necessary data and information" for purposes of its review of the consistency certification under the CZMA, and on that basis determined that Entergy's December 17,2012, consistency certification and supporting information was "incomplete." See ML13095A466 (letter of Fred J. Anders, Chief, Natural Resources Management Bureau, to Mr. Fred Dacimo, Indian Point Energy Center, dated January 16, 2013). As NYSDOS explained in its January 16,2013, letter:
lNYSDOSI is notifuing Entergy and lNRCI... that necessary data and information was not received allowing INYSDOS] to initiate review of [IPEC license renewal] in accordance with 15 CFR Part 930, Subpart D.... Pursuant to l5 CFR Section 930.60 and the State of New York's federally approved Coastal Management Program (CMP),
initiation of review of activities requiring authorizations from federal agencies does not begin until INYSDOS] receives all of the necessary data and information enabling it to assess and undertake its review of the coastal effects of activities. The regulations at 15 CFR Section 930.58 and the CMP describe the necessary data and information to be included with a consistency certification and provided to INYSDOS].... In particular, INYSDOS] requests copies of [i] the... FSEIS related to [IPEC] license renewal...,
Volume 4, which pertains to aquatic impacts (including impacts to endangered species) to coastal resources, as well as lill any other EIS supplements preparedfor this license renewal application.
1d (emphasis added). Consistent with this position, NYSDOS deemed Entergy's consistency certification and supporting information complete only when the NRC issued FSEIS supplement, Volume 4, on June 20,2013. See}y'rL I32l8Al22 (letter of Jeffrey Herter, NYSDOS Assistant Chief, Natural Resources Management Bureau, to Mr. Fred Dacimo, dated June 28, 2013). NYSDOS's determination that the NRC's FSEIS Volume 4 supplement was necessary for consistency review to commence also comports with prior NYSDOS determinations that NRC FSEISs for nuclear plant license renewals constitute "necessary data and information."2 andwith NYSDOS's identification, both priorto3 andaftera Entergy's December 17,z}Iz,consistency certification, of aquatic impacts as going
" See, e.g., ML080110129 (letter of Andrew Kasius, NYSDOS's Coastal Energy Facilities Specialist, to Jim Costedio, Entergy's Manager for Licensing, dated January 10, 2008 (acknowledging (l) the withdrawal of Entergy's initial consistency certification for the James A. FitzPatrick Nuclear Power Plant in Scriba, New York, in order to await NRC's preparation of an FSEIS, and (2) that'the final [FSEIS] is necessary data and information that lNYSIDOS requires to commence the six-month coastal consistency review period under the NYCMP and 1 5 C.F.R., Sections 930.58(a) and 903.60(a)(2)").
' See letter of Jeffrey Zappieri, Supervisor, Consistency Review Unit, to Ms. Dara Gray, Entergy, dated February l, 2009 (actually sent on February 1, 2010) ("re-licensure of Indian Points unit 2 and 3 may continue or exacerbate ongoing [effects]
on these two SCFWHs [significant coastal fish and wildlife habitats] and, as such, the effects of re-licensure on these SCFWH should be quantified and analyzed"; "the increased risk to the fish and wildlife resources of NY's coastal zone due to the on-site storage and eventual transport of hazardous materials associated with nuclear generating operations should be considered"; "assessment ofrecreational fish and wildlife resources should be provided that compares the current state of these resources with the expected state ofthese resources should nuclear operations cease at the end ofthe cunent licensing term.").
a See Letter of Martin R. Healy on behalf of Entergy to Linda M. Baldwin, General Counsel for NYSDOS, dated December 20,2013 ("the Department indicated that [the impact of Indian Point operations on fisheries resources] is a core issue that bears upon several policies of the New York Coastal Management Plan").
Docket Nos. 50-247 & 50-286 NL-14-140 Page 4 of4 to the very core of consistency review and bearing upon its review of several policies of the NYCMP.
Because NYSDOS's consideration of IPEC's consistency certification without the benefit of the FSEIS Supplement (and NRC's evaluation of new aquatic information) would be premature and would be based on an incomplete record, Entergy is withdrawing IPEC's consistency certification and terminating NYSDOS's review of that certification under the CZMA. As noted above, Entergy intends file a new consistency certification that takes into account the FSEIS Supplement promptly after the FSEIS Supplement has been issued by NRC. Upon submittal of such a new consistency certification, the CZMA review process will begin afresh, such that NYSDOS will be able to review the certification within the full timeframe allowed by law.
We appreciate NRC Staf?s continued commitment to providing the FSEIS Supplement on a timely basis.
Mr. Michael Wentzel, Environmental Project Manager, U.S. Nuclear Regulatory Commission Mr. Sherwin E. Turk, NRC Office of General Counsel, Special Counsel David Lew, Acting Regional Administrator, U.S. Nuclear Regulatory Commission, Region I Douglas V. Pickett, U.S. Nuclear Regulatory Commission NRC Resident Inspector's Office, U.S. Nuclear Regulatory Commission William Sharp, Principal Attorney, New York State Department of State Kari Gathen, Associate Attorney, New York State Department of State Jeffrey Herter, Assistant Bureau Chief Division of Development, New York State Department of State Gregory Capobianco, Director, Division of Development, New York State Department of State Jeffrey Zappieri, Supervisor, Consistency Review Unit, New York State Department of State William B. Glew, Jr., Associate General Counsel, Entergy Services,Inc.
Kelli Dowell, Assistant General Counsel, Environmental, Entergy Services, Inc.
Dara Gray, Chemistry/Environmental, Indian Point Energy Center Martin R. Healy, Esq., Goodwin Procter, LLP Sincerely, FRD/rw
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
x In re:
Docket Nos. 50-247-LR and 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.
November 6, 2014
x CERTIFICATE OF SERVICE I hereby certify that on November 6, 2014, copies of the State of New Yorks November 6, 2014 letter to the Atomic Safety and Licensing Board and an attachment (Entergy NL-14-140) were served electronically via the Electronic Information Exchange on the following recipients:
Lawrence G. McDade, Chair Richard E. Wardwell, Administrative Judge Michael F. Kennedy, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Lawrence.McDade@nrc.gov Richard.Wardwell@nrc.gov Michael.Kennedy@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Carter Thurman, Esq., Law Clerk James Maltese, Esq., Law Clerk Kathleen Schroeder, Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Carter.Thurman@nrc.gov James.Maltese@nrc.gov Kathleen.Schroeder@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mailstop 16 G4 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 ocaamail@nrc.gov
2 Office of the Secretary Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Mailstop 3 F23 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 hearingdocket@nrc.gov Sherwin E. Turk, Esq.
David E. Roth, Esq.
Beth N. Mizuno, Esq.
Brian G. Harris, Esq.
Anita Ghosh, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Mailstop 15 D21 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 sherwin.turk@nrc.gov david.roth@nrc.gov beth.mizuno@nrc.gov brian.harris@nrc.gov anita.ghosh@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Raphael Kuyler, Esq.
Lance A. Escher, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 ksutton@morganlewis.com pbessette@morganlewis.com rkuyler@morganlewis.com leascher@morganlewis.com Martin J. ONeill, Esq.
Morgan, Lewis & Bockius LLP Suite 4000 1000 Louisiana Street Houston, TX 77002 martin.oneill@morganlewis.com Bobby R. Burchfield, Esq.
Matthew M. Leland, Esq.
Clint A. Carpenter, Esq.
McDermott Will & Emery LLC 600 13th Street, NW Washington, DC 20005-3096 bburchfield@mwe.com mleland@mwe.com ccarpenter@mwe.com Richard A. Meserve, Esq.
Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 rmeserve@cov.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 ezoli@goodwinprocter.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@ct.gov Melissa-Jean Rotini, Esq.
Assistant County Attorney Office of the Westchester County Attorney Michaelian Office Building 148 Martine Avenue, 6th Floor White Plains, NY 10601 MJR1@westchestergov.com
3 Theresa Knickerbocker, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue Buchanan, NY 10511-1298 Administrator@villageofbuchanan.com theresak@villageofbuchanan.com Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria S. Treanor, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue New York, NY 10022 driesel@sprlaw.com vtreanor@sprlaw.com Michael J. Delaney, Esq.
Director Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373 mdelaney@dep.nyc.gov Richard Webster, Esq.
Public Justice, P.C.
Suite 200 1825 K Street, NW Washington, DC 20006 rwebster@publicjustice.net Andrew B. Reid, Esq.
Springer & Steinberg, P.C.
1600 Broadway, Suite 1200 Denver, CO 80202 areid@springersteinberg.com Peter A. Gross Executive Director Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue Beacon, NY 12508 peter@clearwater.org Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 phillip@riverkeeper.org dbrancato@riverkeeper.org Signed (electronically) by John J. Sipos Assistant Attorney General State of New York (518) 402-2251 John.Sipos@ag.ny.gov Dated at Albany, New York this 6th day of November 2014