ML14335A590

NRC Staff'S 34th Status Report in Response to the Atomic Safety and Licensing Board'S Order of February 16, 2012

ML14335A590
Person / Time
Site:	Indian Point
Issue date:	12/01/2014
From:	Harris B 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 26966
Download: ML14335A590 (9)

Text

December 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 34th 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 34th monthly status report to the Board.

Safety Issues

1. SER Supplement 2. On November 6, 2014, the Staff issued Supplement 2 to its Safety Evaluation Report (SER) related to license renewal of Indian Point Units 2 and 3 (IP2/IP3). 1 Therein, the Staff addressed changes made to the license renewal application (LRA) through Amendment 14; 2 revisions to the IP2 Updated Final Safety Analysis Report 1

See (1) Letter from Sherwin E. Turk, Esq. to the Board (Nov. 7, 2014); (2) Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (ADAMS Accession No. ML14288A608); (3) Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 2, NUREG-1930, Supp. 2 (Nov. 2014) (SER Supplement 2)

(ADAMS Accession No. ML14310A803). On November 12, 2014, the Staff transmitted SER Supplement 2 to the Advisory Committee on Reactor Safeguards (ACRS) for its consideration. See Letter from Yoira Diaz-Sanabria, NRR to Edwin Hackett, ACRS (Nov. 12, 2014).

2 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).

(UFSAR); 3 information provided by Entergy Nuclear Operations, Inc. (Entergy or Applicant) in response to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1; 4 and the Staffs evaluation of the IP2/IP3 Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan (AMP), which relates to Contention NYS-25.

2. Track 2 Safety Issues. The Staff is aware of no reason why a schedule may not now be established for evidentiary submissions, motions, and hearings on Track 2 safety contentions (Contentions NYS-25, NYS-26B/RK-TC-1B, and NYS-38/RK-TC-5). The parties have commenced discussions regarding the development of a proposed hearing schedule for these contentions.

Environmental Issues

3. FSEIS Supplement. As stated previously, 5 the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3, 6 which will address new information received by the Staff since preparation and publication of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013.

The matters to be addressed in this FSEIS supplement include the Applicants May 6, 2013 submittal of engineering project cost information for severe accident mitigation alternatives (SAMAs); Entergys February 19, 2014 submittal of new aquatic impact information; the June 3

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).

4 Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Plant Units 2 and 3, NUREG-1930, Supp. 1 (Aug, 2011) (SER Supplement 1).

5 See Letter from Sherwin E. Turk to the Atomic Safety and Licensing Board (July 15, 2014); Tr. at 4590, 4598.

6 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).

2013 revision of 10 C.F.R. Part 51, Table B-1, and the Generic Environmental Impact Statement for license renewal; and the September 2014 amendment of 10 C.F.R. § 51.23(b) regarding the continued storage of spent nuclear fuel. 7 The Staff expects to issue the Draft FSEIS Supplement in July 2015 and the Final FSEIS Supplement in March 2016. 8

4. 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. 9 On February 14, 2014, the Applicant and Staff filed petitions for Commission review of that decision; 10 New York filed an answer opposing those petitions on March 25, 2014, to which the Applicant and Staff replied on April 9, 2014. The petitions are currently pending before the Commission.

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. 11 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 7

See (1) NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437, Rev. 1) (June 2013); (2) NUREG-1437, Volumes 1-2: Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) ("GElS-LR") (Exh.

NYS000131A-I).

8 See Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (Nov. 3, 2014) (ADAMS Accession No. ML14254A207).

9 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).

10 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).

11 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).

LBP-11-17. 12 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. 13 On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning its refined engineering project cost information; the Applicants responses are expected by November 20, 2014. 14 The Staff plans to present its evaluation of the Applicants revised SAMA cost information in the draft FSEIS Supplement, to be issued in July 2015. 15 The Staff will provide further information to the Board regarding this issue when available.

5. Contention NYS-12C (SAMAs). There has been no change in this item since the Staff filed its previous status report. 16 On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13, 17 concerning its resolution of Contention NYS-12C; 18 Entergy and the Staff responded to that petition on April 28, 2014; New York filed its reply on May 22, 2014. 19 On April 28, 2014, New York filed a petition for review of 12 Id., at 1 and 2.

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

14 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy) (Oct. 6, 2014)

(ADAMS Accession No. ML14239A380).

15 See Letter from Sherwin E. Turk, Esq., to the Board (July 15, 2014); Tr. at 4598; Indian Point Nuclear Generating Units 2 and 3; Entergy Nuclear Operations, Inc., License Renewal Application; Intent to Prepare A Second Supplement to Final Supplemental Environmental Impact Statement, 79 Fed. Reg.

52,058 (Sept. 2, 2014).

16 nd See 32 Status Report, at 7.

17 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-13-13, 78 NRC 246 (Nov. 27, 2013).

18 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).

19 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.

the Boards Order denying its motion to reopen and reconsider. 20 Entergy and the Staff filed answers to that petition on May 23, 2014, to which New York replied on June 2, 2014. The petitions are currently pending before the Commission.

6. 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 Program pursuant to the Coastal Zone Management Act (CZMA). 21 The Board left open the possibility that the motions might be re-filed after consultations between the Staff and New York pursuant to 15 C.F.R. § 930.51(e). 22 The Staff has initiated consultations with the New York State Department of State (NYSDOS), and has engaged in further consultations with NYSDOS and Entergy. On December 6, 2013, the Staff transmitted a request for information to NYSDOS regarding prior reviews of Indian Points consistency with the New York State Coastal Management Program; 23 NYSDOS provided its response to the Staff on May 30, 20 See (1) 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); and (2) Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014).

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

22 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).

23 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).

2014. 24 On July 15, 2014, Entergy submitted its views concerning the NYSDOS response, 25 to which NYSDOS replied on July 25, 2014. 26 The Staff is currently reviewing those submittals and will provide further information to the Board regarding this issue when available. 27

7. Aquatic Impacts. As stated previously, 28 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, 29 modifying the information that had been evaluated in the FSEIS (December 2010) and FSEIS Supplement (FSEIS Vol. 4) (June 2013). 30 The Staff transmitted a request for additional information to the Applicant on August 28, 2014, as amended on September 26, 2014; 31 Entergys responses were submitted on October 27, 24 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

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

25 See Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (July 15, 2014) (ADAMS Accession No.ML141198A229).

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

(July 25, 2014) (ADAMS Accession No. ML14230A005).

27 Entergy recently withdrew its CZMA consistency certification from review by NYSDOS, subject to resubmittal following issuance of the Staffs Final FSEIS Supplement in March 2016. See, e.g., Letter from John Sipos to the Board (Nov. 6, 2014), attaching letter from Fred Dacimo (Entergy) to NRC Document Control Desk and Linda M. Baldwin, Esq. (NYSDOS), NL-14-140 (Withdrawal of December 17, 2012 Coastal Zone Management Act Consistency Certification) (Nov. 5, 2014) (ADAMS Accession No. ML14310A346).

28 nd See 32 Status Report, at 9.

29 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).

30 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).

31 See (1) Letter from Michael Wentzel (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 Environmental Review (Aug. 28, 2014) (ADAMS Accession No. ML14225A847); and (2) Letter from Michael Wentzel (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 Environmental Review (Sept. 26, 2014) (ADAMS Accession No. ML14261A031).

2014. 32 As stated previously, the Staff plans to present its evaluation of the new information in a draft FSEIS supplement to be issued in July 2015. The Staff will provide further information to the Board regarding this issue when available.

8. Waste Confidence Decision. On November 10, 2014, the Board issued an Order in which it (a) dismissed Contention NYS-39/RK-EC-9/CW-EC-10 as having been resolved by the Commissions Continued Storage Rule and the associated Generic Environmental Impact Statement, 33 and (b) dismissed Contention CW SC-4 on the grounds that it failed to satisfy the Commissions timeliness and contention admissibility requirements, in part, and raised an issue (the safety of long-term or indefinite storage) that is beyond the scope of license renewal. 34

9. Continued Storage Petition and New Contention. On October 3, 2014, Riverkeeper filed a petition seeking the suspension of this proceeding and a new contention (Contention RK-EC-10) alleging that the Commission erred in issuing its Continued Storage Rule without making findings regarding the safety of continued spent fuel storage or disposal of spent nuclear fuel. 35 In an Order issued October 7, 2014, the Commission undertook review of those filings and similar petitions and contentions which had been filed in other proceedings. 36 32 See Letter from F. Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application, NL-14-133 (Oct. 27, 2014) (ADAMS Accession No. ML14300A704).

33 Order (Dismissing Contentions NYS-39/RK-EC-9/CW-EC-10 and CW-SC-4) (Nov. 10, 2014),

at 2-3.

34 Id. at 3-6.

35 See (1) Petition to Suspend Final Decision in Indian Point Relicensing Proceeding Pending Issuance of Waste Confidence Safety Findings (Oct. 3, 2014); and (2) Riverkeeper Consolidated Motion for Leave to File a New Contention and New Contention RK-10 Concerning the Absence of Required Waste Confidence Safety Findings (Oct. 3, 2014).

36 DTE Electric Co. (Fermi Nuclear Power Plant, Unit 3), CLI-14-09, 80 NRC ___ (Oct. 7, 2014),

slip op. at 3.

Entergy and the Staff filed responses to Riverkeepers suspension petition and contention on October 31, 2014, to which Riverkeeper replied on November 7, 2014. 37

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/

Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 1st day of December 2014 37 See (1) NRC Staff Consolidated Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit A New Contention, and Motions to Reopen the Record (Oct. 31, 2014); (2)

Entergys Combined Answer to Riverkeepers Proposed New Contention RK-10 and Petition to Suspend Final License Renewal Decision Pending Issuance of Waste Confidence Safety Findings (Oct. 31, 2014). See also Nuclear Energy Institute, Inc.s Motion for Leave to File Amicus Curiae Brief and Amicus Curiae Brief of the Nuclear Energy Institute, Inc. in Response to Suspension Petitions and Waste Confidence Safety Contentions (Oct. 31, 2014); and (3) Petitioners and Intervenors Consolidated Reply to Answers to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit A New Contention, and Motions to Reopen the Record (Nov. 7, 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 34th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated December 1, 2014, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above- captioned proceeding, this 1st day of December, 2014.

/Signed (electronically) by/

Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov