ML16295A189
| ML16295A189 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/21/2016 |
| 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 51394 | |
| Download: ML16295A189 (9) | |
Text
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU October 21, 2016 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:
In response to Entergys October 14, 2016 letter to the Atomic Safety and Licensing Board,1 and as authorized by Nuclear Regulatory Commission practice,2 the State of New York respectfully submits this letter to inform the Board about recent developments concerning certain documents.
Entergys October 14 letter informed the Board that [t]he hot cell testing of the three IP2 bolts has been conducted Entergy Letter, p. 1 ¶ 2. Entergys letter also informed the Board that it disclosed the testing results for the three bolts to the parties, the same day - October 14. Entergy Letter,
- p. 2 ¶ 1. The State requested that Entergy produce the documents, and Entergy produced them to the State at approximately 7:00 PM on Friday evening.
When Entergy tells the Board that the hot cell testing of the three IP2 bolts has been conducted, it does not place that statement in full context. Although Entergy and Westinghouse disclosed and produced the summary of the hot cell examination on October 14, Entergys disclosure log states that the 68-page summary report was prepared in July, 2016.3 Thus, according to the disclosure log, Westinghouse and Entergy had the summary of results for three months before they disclosed it to NRC 1
Entergy October 14, 2016 letter to the Atomic Safety and Licensing Board, ML16288A753 (Entergy Letter).
2 See generally Tennessee Valley Auth. (Browns Ferry Nuclear Plant Units 1, 2, and 3), 15 N.R.C.
1387, 1388, 1394, ALAB-677 (1982).
3 Entergy 108th Proprietary Disclosure Log (October 14, 2016), Item 918. The disclosure log does not provide the precise date in July, 2016 that Westinghouse compiled the report. Presumably, NRC Staff did not have the document because it has not disclosed the document in its monthly updates.
A highlighted excerpt of the October 14, 2016 disclosure log accompanies this letter as Attachment 1.
THE CAPITOL, ALBANY, N.Y. 12224-0341 PHONE (518) 776-2400 FAX (518) 650-9363 WWW.AG.NY.GOV
Staff, Riverkeeper, and the State of New York.
This does not appear to be the only instance of delayed disclosure on Westinghouse or Entergys part. A recent October 10, 2016 Entergy disclosure log identified a document in its possession entitled IP2 Baffle Bolt Cracking dated May 20, 2016.4 According to the log, Westinghouse or Entergy possessed this document for more than four months before they disclosed to Staff, Riverkeeper, and the State. By way of further example, the October 10 log also disclosed a May 10, 2016 PSEG document presentation entitled Salem 1 Baffle to Former Bolt Status that appears to have been shared with members of the PWR Materials Reliability Program (or MRP) group in which Westinghouse and Entergy participate.5 According to the log, this document was in existence for approximately 5 months before it was disclosed to the parties in this proceeding. In addition, the October 14 disclosure log identified a September 12, 2016 EPRI document from the Industry Baffle-Former Bolt Focus Group entitled Focus Area 5: Irradiated Testing Support.6 Westinghouse, EPRI, and possibly others had this document for four weeks before it was disclosed here. 7 New York is concerned with the recent disclosure of the hot cell testing results for another reason. Entergy previously stated that the results of its hot cell testing of the three IP2 baffle-former bolts would be completed by October 2016. Yet, Entergy now describes the recently-disclosed hot cell tests of those bolts as containing preliminary, interim testing results.8 Moreover, Entergy has advised the Board and the other parties that the consolidated report for those three bolts plus another five bolts from IP2 will not be available until late November 2016,9 which likely would be after the November 17, 2016 deadline for interveners opening round of supplemental expert testimony.10 In its August 3, 2016 Order, the Board reluctantly acquiesce[d] to the parties request that the Board not view certain technical documents generated from testing of the degraded baffle-former bolts prior to the parties filing of their supplemental testimony. See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting Joint Motion for Reconsideration) (Aug. 3, 2016), at 2, ML16216A251. In so doing, the Board placed the onus on the Parties to make available to each other certain key technical documents as soon as practicable. Id. As the Board stated in its earlier July 13 Order, these key technical documents included the results of the hot lab testing and evaluation of IP2 baffle-former bolts, which, based on the representation from Entergy, was expected in October 2016. See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),
Order (Scheduling of Further Filings on Track 2 Contentions), July 13, 2016, at 1 ML16195A212.
The State raises these issues not because it wishes to quibble about Entergys disclosure logs.
Rather, these disclosures and their timing could complicate the States preparations on evolving issues in 4
Entergy 107th Proprietary Disclosure Log (October 10, 2016), Item 910. A highlighted excerpt of the October 10, 2016 disclosure log accompanies this letter as Attachment 2.
5 Entergy 107th Proprietary Disclosure Log (October 10, 2016), Item 903. PSEG operates the Salem Unit 1 facility located in New Jersey. Like Indian Point Unit 2 and Indian Point Unit 3, Salem Unit 1 is a Westinghouse-designed 4-loop, down-flow, pressurized water reactor. Indian Point Unit 3 and Salem Unit 1 have similar effective full power year (EFPY) profiles.
6 Entergy 108th Proprietary Disclosure Log (October 14, 2016), Item 919. See Attachment 1.
7 Since Staff did not disclose them, the State understands that NRC did not have these documents.
8 Entergy Letter, p. 2.
9 Entergy Letter, p. 1.
10 Based on its early review of the documents, the State also has concerns that Westinghouse or PSEG/EPRI MRP designated the entire contents of each of these documents as constituting proprietary information. Without divulging the specific contents of these CBI-designated documents, the documents reflect industry awareness of issues before they were disclosed to the parties in this proceeding.
2
accordance with pending deadlines.
The State is in the process of reviewing the recently-disclosed documents with its experts and evaluating their impact.
Respectfully submitted, Signed (electronically) by John J. Sipos Assistant Attorney General cc: NRC EIE Service List LIST OF ATTACHMENTS Selected and Highlighted Excerpt of the 108th Update to Entergy's Mandatory Disclosures, dated October 14, 2016 Selected and Highlighted Excerpt of the 107th Update to Entergy's Mandatory Disclosures, dated October 10, 2016 3
Attachment 1 Selected and Highlighted Excerpt of The 108th Update to Entergy's Mandatory Disclosures October 14, 2016
Entergy-Indian Point License Renewal Proceeding One-hundred-eighth Proprietary Disclosure Log October 14, 2016 NO. DATE LOCATION* CATEGORY SUBJECT MATTER/DESCRIPTION CONTENTION PROPRIETARY BASIS Westinghouse, "Summary of Indian Point Unit 2 Baffle Former Bolt Hot Cell Examination" Morgan, Lewis & *PRELIMINARY DATA - SUBJECT TO Westinghouse 918 July, 2016 Bockius LLP Presentation FURTHER REVIEW* NYS-25; NYS-38/RK-TC-5 Proprietary Information EPRI, "Industry Baffle-Former Bolt Focus Group Focus Area 5: Irradiated Testing Support" Morgan, Lewis & *PRELIMINARY DATA - SUBJECT TO EPRI Proprietary 919 9/12/2016 Bockius LLP Presentation FURTHER REVIEW* NYS-25; NYS-38/RK-TC-5 Information EPRI, "Baffle-Former Bolt Testing Intermediate-Morgan, Lewis & Term Testing" *PRELIMINARY DOCUMENT - EPRI Proprietary 920 October, 2016 Bockius LLP Presentation SUBJECT TO POSSIBLE REVIEW* NYS-25; NYS-38/RK-TC-5 Information MCOE-TP-16-2 Rev. 1, Test Plan for Morgan, Lewis & Supplementary Fractography of Broken Baffle Westinghouse 921 10/13/2016 Bockius LLP Report Bolts from Indian Point Unit 2, IPP-16-78 NYS-25; NYS-38/RK-TC-5 Proprietary Information
- Morgan Lewis is located at 1111 Pennsylvania Avenue, NW Washington, DC 20004 1
Attachment 2 Selected and Highlighted Excerpt of The 107th Update to Entergy's Mandatory Disclosures October 10, 2016
Entergy-Indian Point License Renewal Proceeding One-hundred-seventh Proprietary Disclosure Log October 10, 2016 NO. DATE LOCATION* CATEGORY SUBJECT MATTER/DESCRIPTION CONTENTION PROPRIETARY BASIS Morgan, Lewis & PSEG Proprietary 900 5/19/2016 Bockius LLP Presentation PSEG, "Salem 1 Baffle to Former Bolt Update" NYS-25; NYS-38/RK-TC-5 Information Morgan, Lewis & AREVA, Industry BFB Focus Group, "Salem AREVA Proprietary 901 5/19/2016 Bockius LLP Presentation Baffle Bolt Exam OE & LL" NYS-25; NYS-38/RK-TC-5 Information Morgan, Lewis & Westinghouse, "10 CFR 21 Evaluation and Westinghouse 902 5/19/2016 Bockius LLP Presentation Nuclear Safety Advisory Letter" NYS-25; NYS-38/RK-TC-5 Proprietary Information Morgan, Lewis & PSEG Proprietary 903 5/10/2016 Bockius LLP Presentation PSEG, "Salem 1 Baffle to Former Bolt Status" NYS-25; NYS-38/RK-TC-5 Information EPRI, "Industry Baffle-Former Bolt Focus Group Morgan, Lewis & Focus Area #5 Irradiated Testing Support," Kick- EPRI Proprietary 904 6/9/2016 Bockius LLP Presentation off Meeting, EPRI Materials Reliability Program NYS-25; NYS-38/RK-TC-5 Information EPRI, "Industry Baffle-Former Bolt Focus Group Morgan, Lewis & Focus Area #5 Irradiated Testing Support," 2nd EPRI Proprietary 905 6/28/2016 Bockius LLP Presentation Meeting, EPRI Materials Reliability Program NYS-25; NYS-38/RK-TC-5 Information EDF-DPN (Nuclear Generation Division), "EDF Morgan, Lewis & OpEx on BFB," Industry Baffle Former Bolt EDF-DPN Proprietary 906 5/19/2016 Bockius LLP Presentation Focus Group NYS-25; NYS-38/RK-TC-5 Information AEP, Indiana Michigan Power, "D.C. Cook Morgan, Lewis & Nuclear Plant Unit 2 Reactor Internals Baffle- AEP Proprietary 907 5/20/2016 Bockius LLP Presentation Former Bolts (BFBs)" NYS-25; NYS-38/RK-TC-5 Information EPRI, "Baffle Former Bolt Operating Experience Morgan, Lewis & Summary," Initial Kick-Off Meeting for the EPRI Proprietary 908 5/19/2016 Bockius LLP Presentation Industry BFB Focus Group NYS-25; NYS-38/RK-TC-5 Information Morgan, Lewis & EPRI, "Industry Baffle to Former Bolt (BFB) EPRI Proprietary 909 5/19/2016 Bockius LLP Presentation Focus Group" NYS-25; NYS-38/RK-TC-5 Information Morgan, Lewis & Westinghouse 910 5/20/2016 Bockius LLP Presentation IP2 Baffle Bolt Cracking NYS-25; NYS-38/RK-TC-5 Proprietary Information Morgan, Lewis & Westinghouse, "Baffle-Former Bolt Replacement Westinghouse 911 5/19/2016 Bockius LLP Presentation Lessons Learned" NYS-25; NYS-38/RK-TC-5 Proprietary Information Morgan, Lewis & EPRI, "Industry Baffle-Former Bolt Focus EPRI Proprietary 912 6/9/2016 Bockius LLP Presentation Group," Update, MRP Integration Meeting NYS-25; NYS-38/RK-TC-5 Information Morgan, Lewis & EPRI, "Industry Baffle-Former Bolt Focus EPRI Proprietary 913 6/6/2016 Bockius LLP Presentation Group," Update, RV Internals Core Team NYS-25; NYS-38/RK-TC-5 Information EPRI, "Demonstration of Ultrasonic Systems for Morgan, Lewis & Vessel Internals Bolting," MRP Joint Assessment EPRI Proprietary 914 June, 2016 Bockius LLP Presentation & Inspection TAC Meeting NYS-25; NYS-38/RK-TC-5 Information AREVA, "Probabilistic Evaluation of Reactor Vessel Internals Bonding," EPRI MRP Baffle Morgan, Lewis & Former Bolt Focus Group, Focus Area 6 - Aging AREVA Proprietary 915 7/18/2016 Bockius LLP Presentation Management Assessment NYS-25; NYS-38/RK-TC-5 Information
- Morgan Lewis is located at 1111 Pennsylvania Avenue, NW Washington, DC 20004 1
Entergy-Indian Point License Renewal Proceeding One-hundred-seventh Proprietary Disclosure Log October 10, 2016 NO. DATE LOCATION* CATEGORY SUBJECT MATTER/DESCRIPTION CONTENTION PROPRIETARY BASIS OP-AA-108-115 Rev. 4, Attachment 1, Morgan, Lewis & "Potentially Degraded Baffle-Former Bolts in PSEG Proprietary 916 8/4/2016 Bockius LLP Evaluation Salem Unit 2," OpEval: 16-015 Rev. 0 NYS-25; NYS-38/RK-TC-5 Information 12/14 -12/17, Morgan, Lewis & EDF-DPN (Nuclear Generation Division), "Baffle EDF-DPN Proprietary 917 2015 Bockius LLP Presentation former bolt cracking" NYS-25; NYS-38/RK-TC-5 Information
- Morgan Lewis is located at 1111 Pennsylvania Avenue, NW Washington, DC 20004 2
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. October 21, 2016
x CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing letter from the State of New York to the Atomic Safety and Licensing Board, dated October 21, 2016, has been served electronically via the NRC Electronic Information Exchange public submission portal in the above-captioned proceeding.
Signed (electronically) by Mihir A. Desai Assistant Attorney General Office of the Attorney General for the State of New York 120 Broadway, 26th Floor New York, NY 10271 (212) 416-8478 Mihir.Desai@ag.ny.gov Dated at New York, New York this 21th day of October 2016