Text

NRC Staff 46th Status Report in Response to ASLBP Order of February 16, 2012
	ML15335A572
Person / Time
Site:	Indian Point
Issue date:	12/01/2015
From:	Sherwin Turk; NRC/OGC
To:	; Atomic Safety and Licensing Board Panel
	SECY RAS
Shared Package
ML15335A571	List: IR 05000086/2015011; ML15335A572;
References
	50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 28601
	Download: ML15335A572 (11)
	v • d • e

December 1, 2015 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 46th 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 46th monthly status report to the Board.

Safety Issues

1. Track 2 Safety Issues. Hearings on the three Track 2 safety contentions related to the License Renewal Application (LRA) for Indian Point Units 2 and 3 (IP2 and IP3) were held on November 16-19, 2015. At the conclusion of those hearings, the Board directed the parties to confer on a proposed schedule for the submission of proposed findings of fact and conclusions of law during the week of November 30, 2015, and to then submit a proposed schedule to the Board for its consideration.

2. Implementation of IP3 License Renewal Commitments. On September 28, 2015, Entergy Nuclear Operations, Inc. (Entergy or Applicant) informed the Staff that it had implemented the LRA commitments for IP3 that were required to be implemented prior to the

period of extended operation; 1 on October 1, 2015, Entergy submitted Revision 6 to the IP3 Updated Final Safety Analysis Report (UFSAR), in which it incorporated changes to the facility since the UFSAR update of September 2013, including changes to incorporate the UFSAR Supplement in LRA Appendix A. 2 During the week of October 5-9, 2015, the Staff conducted an inspection of Entergys implementation of its IP3 license renewal commitments; on November 19, 2015, the Staff issued its license renewal inspection report, in which it concluded that the commitments reviewed associated with the [LRA] had been appropriately implemented. 3 As indicated in the inspection report, this included Entergys implementation of LRA Commitments 3, 19, 23, 32, 48, and 49.

3. Proprietary Designation of Documents. On July 20, 2015, the Board denied New Yorks motion to withdraw the proprietary designation of five documents. 4 On September 8, 2015, New York filed a petition for interlocutory review of the Boards Order; that petition was denied by the Commission on November 9, 2015. 5 On October 20, 2015, New York filed a further motion seeking the disclosure of 10 additional Westinghouse Calculation Notes; the Board denied that motion in an oral ruling issued on November 16, 2015.

4. Other Safety Issues. There has been no change in this item since the Staff filed its previous status report. The Staff is reviewing issues associated with two recent Interim Staff 1 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-15-121) (Sept. 28, 2015) (ADAMS Accession No. ML15279A074).

2 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-15-130) (Oct. 1, 2015)

(ADAMS Accession No. ML15293A144).

3 Letter from Mel Gray (NRC Region I) to Lawrence Coyle (Entergy) (Nov. 19, 2015) (ADAMS Accession No. ML14337A042), at 1. A copy of the inspection report (Indian Point Nuclear Generating Unit 3 - License Renewal Inspection Report 05000286/2015011) is being submitted herewith for the convenience of the Board and parties.

4 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New York Motion to Withdraw Proprietary Designation) (July 20, 2015).

5 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-24, 82 NRC ___ (Nov. 9, 2015) (slip op.).

Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 6 The Staff has not yet determined whether these matters will be addressed in an SER Supplement; the Staff will provide further information to the Board regarding these issues when available.

Environmental Issues

5. FSEIS Supplement. There has been no change in this item since the Staff filed its previous status report. As stated previously, the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3, 7 which will address new information received by the Staff since issuance of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013. The matters to be addressed in this FSEIS supplement include Entergys May 6, 2013 submittal of revised engineering project cost information for severe accident mitigation alternatives (SAMAs); Entergys February 19, 2014 submittal of new aquatic impact information; the June 2013 revision of 10 C.F.R. Part 51, Table B-1, and the Generic Environmental Impact Statement (GEIS) for license renewal; 8 the September 2014 amendment of 10 C.F.R. § 51.23(b) regarding the continued storage of spent 6 See (1) Notice of Issuance, Interim Staff Guidance; LR-ISG-2012-02; Aging Management of Internal Surfaces, Fire Water Systems, Atmospheric Storage Tanks, and Corrosion under Insulation, 78 Fed. Reg. 70,076 (Nov. 22, 2013); (2) Notice of Issuance, Interim Staff Guidance; LR-ISG-2013-01; Aging Management of Loss of Coating or Lining Integrity for Internal Coatings/ Linings on In-Scope Piping, Piping Components, Heat Exchangers, and Tanks, 79 Fed. Reg. 68,308 (Nov. 14, 2014).

7 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).

8 See (1) NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437, Rev. 1) (June 2013); and (2) NUREG-1437, Volumes 1-2:

Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) (Exh.

NYS000131A-I). On December 11, 2014, the Staff transmitted RAIs to Entergy concerning GEIS Rev. 1, to which Entergy responded on March 10, 2015. See letter from Fred Dacimo (Entergy) to NRC Document Control Desk, NL-15-028 (Mar. 10, 2015) (ADAMS Accession No. ML15089A338).

nuclear fuel; 9 the U.S. Fish and Wildlife Services listing of the northern long-eared bat as an threatened species; 10 and other matters. As previously stated, 11 the Staff expects to issue the Draft FSEIS Supplement in January 2016 and the Final FSEIS Supplement in September 2016.

6. Contention NYS-35/36. There has been no change in this item since the Staff filed its previous status report. On July 14, 2011, the Board issued LBP-11-17, granting summary disposition on Contention NYS-35/36 (Implementation of Cost-Beneficial SAMAs) in favor of New York. 12 On February 18, 2015, the Commission granted the Staff and Entergys petitions for review of the Boards rulings on Contention NYS-35/36, and instructed the Staff to respond to four questions. 13 In accordance with the Commissions Order, the Staff filed its response on March 30, 2015; 14 replies were filed by Entergy and New York on May 11, 2015.

In May 2013, the Applicant 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. 15 The 9 See also, NUREG-2157, Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel, Final Report, Vols. 1-2 (Sept. 2014) (ADAMS Accession Nos. ML14196A105 and ML14196A107). Petitions seeking judicial review of the Continued Storage Rule (CSR) and related environmental impact statement have been filed. See, e.g., State of New York v. NRC, Case No. 14-1210 (D.C. Cir., Oct.. 31, 2014) (consolidating appeals) (ADAMS Accession No. ML14317A789).

10 80 Fed. Reg. 17,973 (Apr. 2, 2015).

11 Letter from Sherwin E. Turk to the Board (June 18, 2015), enclosing letter from Christopher G.

Miller, Director, Division of License Renewal, Office of Nuclear Reactor Regulation (NRC), to Vice President, Operations (Entergy), dated June 11, 2015 (ADAMS Accession No. ML15147A199).

12 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC 11, petition for review granted, CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

13 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

14 NRC Staffs Response to the Commissions Memorandum and Order of February 18, 2015 (CLI-15-3), Regarding Contention NYS-35/36 (Mar. 30, 2015).

15 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).

Applicant noted, inter alia, that it was submitting the information to support resolution of certain issues identified by the Board in LBP-11-17. On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning its refined engineering project cost information; the Applicant submitted its responses on November 20, 2014. 16 As stated previously, the Staff plans to present its evaluation of the Applicants revised SAMA cost information in the upcoming draft FSEIS Supplement. 17 In accordance with the Boards Order of July 9, 2013, 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. . . . 18 The Staff will provide further information to the Board regarding this issue when available.

7. Contention NYS-12C (SAMAs). There has been no change in this item since the Staff filed its previous status report. On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13, 19 concerning its resolution of Contention NYS-12C; 20 on April 28, 2014, New York filed a petition for review of the Boards 16 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-14-143) (Nov. 20, 2014) (ADAMS Accession No. ML14337A042).

17 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).

18 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 3.

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

20 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). On March 9, 2015, the Commission issued a Memorandum and Order resolving the Staffs, Entergys and Hudson River Sloop Clearwaters petitions for review of other portions of LBP-13-13. See Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), CLI-15-6, 81 NRC 340 (2015) (reversing the Boards resolution of Contention NYS-8 (Transformers), and reversing in part, and affirming in part, its resolution of Contention CW-EC3A (Environmental Justice).

Order denying its motion to reopen and reconsider that decision. 21 On February 18, 2015, the Commission granted New Yorks petition for review and directed the parties to respond to eight related questions. 22 In accordance with the Commissions Order, initial briefs were filed by the Staff, Entergy, New York, and the State of Connecticut on March 30, 2015; reply briefs were filed by the Staff, Entergy and New York on April 29, 2015.

8. CZMA Issues. To the best of the Staffs knowledge, information and belief, the current status of CZMA-related issues is as follows.

(a) Previous Reviews. On June 12, 2013, the Board denied the Applicants and New Yorks motions seeking the entry of a declaratory order regarding Entergys claim that New York had previously conducted a review of IP2/IP3 for consistency with the New York State Coastal Management Program (CMP), such that no further review is required under the Coastal Zone Management Act (CZMA). 23 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). The Staff has since engaged in consultations with the New York State Department of State (NYSDOS) and the Applicant. 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. 24 A series of written and oral communications 21 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); (2) Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014).

22 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-2, 81 NRC 213 (Feb. 18, 2015).

23 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013).

24 See 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).

between the Staff and NYSDOS occurred, 25 and on May 30, 2014, NYSDOS provided its response to the Staff. 26 On July 15, 2014, Entergy submitted its views regarding the NYSDOS response, 27 to which NYSDOS replied on July 25, 2014. 28 Entergy and New York submitted additional correspondence to the Staff on November 25 and December 3, 2014, respectively. 29 The Staff will provide further information to the Board regarding this matter when available.

(b) Grandfathering. On December 11, 2014, the State of New York Supreme Court, Appellate Division, Third Judicial Department, reversed the Supreme Courts December 2013 decision, and held (in a 5-0 decision) that Indian Point Units 2 and 3 were grandfathered under New Yorks Coastal Management Program and are therefore exempt from consistency review under the CMP. 30 On June 4, 2015, the Court of Appeals granted New Yorks motion for leave to appeal; a briefing schedule has been established, culminating in New Yorks filing of a reply brief on January 18, 2016.

25 See (1) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014)

(ADAMS Accession No. ML14028A209); (2) Summary of Phone Call between [NYSDOS] and [NRC] on January 13, 2014 (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (3) 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 (4) 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 (May 27, 2014) (ADAMS Accession No. ML14136A005).

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

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

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

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

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

29 See (1) Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (Nov. 25, 2014)

(ADAMS Accession No.ML14336A084); and (2).Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (Dec. 3, 2014) (ADAMS Accession Nos. ML14351A539, ML14351A541, ML14351A542, ML14351A543, ML14351A545).

30 Entergy Nuclear Operation, Inc. v. New York State Department of State, 518510, 999 N.Y.S.2d 207, 2014 N.Y. App. Div. LEXIS 8686; 2014 NY Slip Op 08702 (App. Div. 3d Dep't, Dec. 11, 2014), revg 42 Misc. 3d 896, 976 N.Y.S.2d 650 (Sup. Ct. 2013).

(c) 2012 Consistency Certification. On December 17, 2012, Entergy filed a certification with the NYSDOS, asserting that license renewal of IP2/IP3 is consistent with the New York CMP; on November 5, 2014, Entergy submitted a letter to NYSDOS, stating that it was withdrawing its consistency determination, subject to resubmittal following issuance of the Staffs Final FSEIS Supplement. 31 On November 21, 2014, NYSDOS stated that Entergys withdrawal of tis consistency certification was not effective; 32 NYSDOS and Entergy then entered into a series of agreements deferring New Yorks review of Entergys consistency certification until October 30, 2015. 33 On November 6, 2015, NYSDOS issued its consistency determination, finding that license renewal of Indian Point Units 2 and 3 is not consistent with the New York CMP. 34 On November 25, 2015, the U.S. Department of Commerce extended the time for Entergy to appeal from NYSDOSs consistency determination until 60 days after issuance of the New York Court of Appeals final order on New Yorks appeal from the Appellate Divisions grandfathering decision. 35

9. Aquatic Impacts. There has been no change in this item since the Staff filed its previous status report. As stated previously, on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in 31 See 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).

32 Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to Fred Dacimo (Entergy)

(Nov. 21, 2014) (ADAMS Accession No.ML14328A474).

33 See Second Extension Agreement between [Entergy] and [NYSDOS] (Sept. 24, 2015) at 2-3, attached to E-mail message from Linda M. Baldwin, Esq. (NYSDOS) to Lois James (NRC) (Sept. 24, 2015) (ADAMS Accession No. ML15268A128).

34 Letter from Cesar A. Perales (Secretary of State, NYSDOS), to Fred Dacimo (Entergy) (Nov. 6, 2015).

35 Letter from Lois Schiffer (General Counsel, NOAA) to Sanford I. Weisburst, Esq. and Linda Baldwin, Esq. (Nov. 25 2015).

the Hudson River, 36 modifying the information that had been evaluated in the FSEIS and FSEIS Supplement (FSEIS Vol. 4). 37 The Staff transmitted a request for additional information to the Applicant on August 28, 2014, as amended on September 26, 2014, 38 to which Entergy responded on October 27, 2014. 39 The Staff issued further RAIs on aquatic issues on February 18, 2015, 40 to which Entergy responded on April 6, 2015. 41 The Staff will present its evaluation of this information in the upcoming draft FSEIS supplement.

10. Endangered and Threatened Species. There has been no change in this item since the Staff filed its previous status report. On April 2, 2015, the U.S. Fish and Wildlife Service published a final rule listing the northern long-eared bat as threatened throughout its range, which includes the Indian Point site. 42 On July 1, 2015, the Staff issued a Biological Assessment, finding that license renewal of IP2/IP3 may affect but is not likely to adversely 36 See Letter from Fred 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).

37 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).

38 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).

39 See Letter from Fred 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).

40 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 (Feb. 18, 2015) (ADAMS Accession No. ML14329B245).

41 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application Environmental Review, NL-15-029 (Apr. 6, 2015) (ADAMS Accession No. ML15100A279).

42 80 Fed. Reg. 17,973 (Apr. 2, 2015).

affect the northern long-eared bat and Indiana bat; 43 on July 14, 2015, FWS concurred in the Staffs assessment. 44

11. 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 December 2015 43 See (1) letter from David J. Wrona (NRC) to David Stilwell (FWS) (July 1, 2015) (ADAMS Accession No. ML15161A066); and (2) Biological Assessment on the Northern Long-Eared Bat (Myotis septentrionalis) and Indiana Bat (Myotis sodalis) / Indian Point Nuclear Generating Units 2 and 3 Proposed License Renewal (July 2015) (ADAMS Accession No. ML15161A086).

44 Letter from David A. Stilwell (FWS) to David J. Wrona (NRC) (July 14, 2015) (ADAMS Accession No. ML15196A013).

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 46th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated December 1, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 1st day of December 2015.

/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