Text

NYS Declaration in Support of Motion
	ML16057A533
Person / Time
Site:	Indian Point
Issue date:	02/26/2016
From:	Sipos J; State of NY, Office of the Attorney General
To:	; NRC/OCM
	SECY RAS
Shared Package
ML16057A531	List: ML16057A532; ML16057A533; ML16057A534; ML16057A536; ML16057A538; ML16057A540; ML16057A543; ML16057A545; ML16057A546; ML16057A547; ML16057A548; ML16057A549; ML16057A551; ML16057A552; ML16057A553; ML16057A554; ML16057A555;
References
	RAS 50964, ASLBP 15-942-06-LA-BD01, 50-247-LA
	Download: ML16057A533 (4)
	v • d • e

UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE COMMISSIONERS KRISTINE L. SVINICKI, WILLIAM C. OSTENDORFF, JEFF BARAN AND CHAIRMAN STEPHEN G. BURNS In the Matter of Docket No. 50-247-LA ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 15-042-06-LA-BD01 (Indian Point Nuclear Generating Station, February 26, 2016 Unit 2)

DECLARATION OF ASSISTANT ATTORNEY GENERAL JOHN J. SIPOS IN SUPPORT OF STATE OF NEW YORKS MOTION TO VACATE OR FOR STAY OF STAFF ACTION PENDING APPEAL OF ATOMIC SAFETY AND LICENSING BOARD DECISION LBP-15-26 REGARDING LICENSE AMENDMENT FOR ENTERGY INDIAN POINT UNIT 2 TO DELAY THE CONTAINMENT LEAK RATE TEST FOR FIVE YEARS JOHN J. SIPOS, an attorney admitted to practice in the State of New York, pursuant to 28 U.S.C. § 1746, hereby declares as follows::

1. I serve as an Assistant Attorney General employed by the New York State Department of Law. In that capacity, I represent the State of New York (State) in the above-captioned proceeding.

2. I make this declaration based on personal knowledge, my review of documents maintained in the ordinary course of business by the Office of the Attorney General, and my representation of the State in the various matters involving NRC operating licenses for Entergy Indian Point Unit 2 and Unit 3 in Buchanan, New York. For the Commissions convenience, I 1

have attached a true and accurate copy of record documents.

3. I submit this declaration in support of the States motion to stay or vacateur pending the Commissions resolution of the States appeal pursuant to 10 C.F.R. § 2.311 of the Atomic Safety and Licensing Boards (Board) September 25, 2015 Decision LBP-15-26 denying New Yorks Petition to Intervene and Request for Hearing.

4. On December 9, 2014, Entergy submitted a request for license amendment to the NRC, seeking to reduce the frequency with which it must conduct ILRTs at IP2, delaying the test from once every 10 years to once every 15 years. Ex. 1, Letter from Lawrence Coyle, Site Vice President, Entergy Nuclear Northeast, to U.S. Nuclear Regulatory Commission, NL-14-128 (Dec. 9, 2014)(ML14353A015).

5. On March 17, 2015, the NRC Staff published in the Federal Register a notice of proposed finding of no significant hazard consideration pursuant to 10 C.F.R. § 50.92 in conjunction with its review of Entergys IP2 license amendment request. Ex. 2, NRC Biweekly Notice: Applications and Amendments to Facility Operation Licenses Involving No Significant Hazard Considerations, NRC-2015-0055, 80 Fed. Reg. 13902, 13905-06 (March 17, 2015).

6. On May 18, 2015, the State filed a Petition to Intervene and Request for Hearing.

Ex.3, State of New York Petition to Intervene and Request for Hearing (May 18, 2015)

(ML15138A415).

7. On May 26, 2015, the Secretary referred the States Petition to Intervene to the Atomic Safety Licensing Board. Ex. 4, Memorandum from Annette Vietto-Cook to E. Roy Hawkins, Chief Administrative Judge, Atomic Safety Licensing Board, Docket No. 50-247-LA (May 28, 2015)(ML15146A227).

8. On May 28, 2015, the ASLB issued an Order of Establishment, which Notice was 2

published in the Federal Register on June 3, 2015, Ex. 5, Establishment of Atomic Safety Licensing Board, ASLBP No. 15-942-06-LA BDO1, Docket No. 5-247-LA (ML15148A425);

Ex. 6, NRC Notice of Establishment of Atomic Safety Licensing Board: Entergy Nuclear Operations Inc., 80 Fed.Reg. 3164 (June 3, 2015).

9. The NRC Staff and Entergy responded to the States Petition, and the State filed a reply. Ex., 7, NRC Staff Answer to New York State Petition to Intervene and Request for Hearing (June 12, 2015)(ML15163A320); Ex. 8, Entergy Answer Opposing States Petition to Intervene and Request for Hearing (June 12, 2015)(ML15163A302) and attachment 1 (excerpt of NL-15-068 (not on ADAMS)); Ex. 9, State of New York Reply in Support of Petition to Intervene and Request for Hearing (June 19, 2015)(ML15170A430).

10. Following oral argument before the ASLB on July 30, 2015, the Board issued a decision denying the States Petition on September 25, 2015. Ex. 10, Entergy Nuclear Operations, Inc. (Indian Point Generating Unit No. 2), LBP-15-26, Memorandum and Order, Slip Op. (September 26, 2015)(ML15268A386).

11. The State timely appealed the ASLB Decision to the Commission on October 20, 2015. Ex. 11, State of New York Brief Supporting Appeal Pursuant to 10 C.F.R. § 2.311 of ASLB Decision LBP-15-26 Denying New Yorks Petition to Intervene and Request for Hearing (ML15293A585).

12. On February 22, 2016, Staff notified the Commission that it intended to take significant licensing action, and on February 23, 2016, issued the license amendment. Exs. 12, Commission Notice of Significant License Amendment, Docket No. 50-247-LA (February 22, 2016) (no public ADAMS accession number as of Feb. 25, 2016); Ex. 13, Letter from NRC Staff to Entergy Nuclear Operations (Unit 2): Issuance of Amendment (February 23, 3

2016)(ML15349A974). In the Staffs Safety Evaluation, Staff stated that it reviewed and accepted the applicants analysis of the no significant hazard consideration. Ex. 13. On February 24, 2016, Staff notified the parties of the license amendment. Ex. 14, Notification of License Amendment, (February 24, 2016)(ML16055A209).

13. I declare under penalty of perjury the foregoing is true and correct.

Executed on February 26, 2016 Signed (electronically) by John J. Sipos Assistant Attorney General Office of the Attorney General of the State of New York The Capitol Albany, New York 12224 518-776-2380 John.Sipos@ag.ny.gov 4