ML17003A458

NRC Staff'S 59th Status Report

ML17003A458
Person / Time
Site:	Indian Point
Issue date:	01/03/2017
From:	Sherwin Turk 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 51538
Download: ML17003A458 (8)

Text

January 3, 2017 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 59th 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 59th monthly status report to the Board.

Safety Issues

1. Track 2 Safety Issues. There has been no change in this item since the Staff filed its previous status report. 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. On February 5, 2016, the State of New York (New York) filed a motion seeking the late admission of six documents as exhibits related to the Track 2 contentions. 1 On February 19, 2016, the Board granted New Yorks Motion, conditioned upon its filing of expert testimony demonstrating the relevance, materiality and reliability of the 1 State of New York Motion for Leave to File Six Documents as Additional Exhibits (Feb. 5, 2016).

proposed exhibits; 2 the Board further indicated that the evidentiary record will be closed within 10 days after the filing of all supplemental testimony, unless it requires additional testimony on the proposed exhibits. 3 New York filed its supplemental testimony on March 4, 2016; Entergy and the Staff filed responsive testimony on March 18, 2016.

As required by the Boards scheduling Orders, (a) New York is to file its reply testimony regarding the six documents, and the Intervenors are to file their supplemental testimony on baffle-former bolt issues, by January 17, 2017; (b) Entergy and the Staff are to file their supplemental testimony by March 20, 2017; (c) the Intervenors are to file their reply testimony by May 1, 2017; (d) all parties are to file proposed findings of fact and conclusions of law by June 16, 2017; and (e) all parties are to file reply findings of fact and conclusions law by July 31, 2017. 4

2. Other Safety Issues. As stated previously, the Staff has been reviewing issues associated with two Interim Staff Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 5 In addition, two other ISGs have been issued: (a) LR ISG-2015-01, 6 and 2 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law) (Feb. 19, 2016), at 2.

3 Id. at 3.

4 See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting Unopposed Motion for Extension of Time) (Nov. 2, 2016), at 3-4; Order (Granting Joint Motion for Reconsideration) (Aug. 3, 2016), at 4; Order (Scheduling of Further Filings on Track 2 Contentions)

(July 13, 2016), at 4.

5 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).

6 See Notice of Issuance, Interim Staff Guidance; LR-ISG-2015-01, Changes to Buried and Underground Piping and Tank Recommendations, 81 Fed. Reg. 23 (Feb. 4, 2016). This LR-ISG will replace aging management program (AMP) XI.M41, "Buried and Underground Piping and Tanks," and the associated Updated Final Safety Analysis Report (UFSAR) Summary Description in LR-ISG-2011-03, "Changes to the Generic Aging Lessons Learned (GALL) Report Revision 2 Aging Management Program (AMP) XI.M41, 'Buried and Underground Piping and Tanks.'"

(b) LR ISG-2016-01. 7 The Staff has not yet determined whether these matters will be addressed in an SER Supplement for IP2 and IP3. The Staff will provide further information to the Board regarding these issues when available.

Environmental Issues

3. FSEIS Supplement. There has been no change in this item since the Staff filed its previous status report. On December 22, 2015, the Staff issued its draft second supplement (Volume 5) to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3. 8 Numerous public comments were submitted regarding the draft FSEIS supplement, and those comments continue to be reviewed by the Staff at this time.

Accordingly, the Staff has determined that the issuance of Final Supplement 2 (Volume 5) to the FSEIS will be delayed. The Staff will provide further information to the Board regarding the expected issuance date, when available. 9

4. Contention NYS-12C (SAMAs). There has been no change in this item since the Staff filed its previous status report. As stated previously, on February 14, 2014, New York filed a petition for review of the Boards Partial Initial Decision (LBP-13-13) concerning Contention NYS-12C, 10 and on April 28, 2014, New York filed a petition for review of the Boards Order 7 See Notice of Issuance, Interim Staff Guidance; LR-ISG-2016-01, Changes to Aging Management Guidance for Various Steam Generator Components, 81 Fed. Reg. 88,276 (Dec.7, 2016).

This LR-ISG describes changes to aging management program (AMP) XI.M19, "Steam Generators," and aging management review (AMR) items for steam generator components in the GALL Report, Rev. 2, and NUREG-1800, "Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants" (SRP-LR), Rev. 2.

8 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Draft Report for Comment, NUREG-1437, Supplement 38, Vol. 5 (Dec. 2015) (Draft FSEIS Supplement 2). See Letter from Sherwin E. Turk to the Board (Dec. 22, 2015), at 1.

9 The Staff previously stated that it expected to issue Final FSEIS Supplement 2 in January 2017.

See NRC Staffs 57th Status Report (Nov. 1, 2016) at 3.

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

denying its motion to reopen and reconsider that portion of the decision. 11 On May 4, 2016, the Commission issued CLI-16-07, in which it reversed the Boards decision on Contention NYS-12, directed the Staff to perform additional sensitivity analyses due to uncertainties in the CDNFRM and TIMDEC input values and denied New Yorks other petition for review. 12 On September 12, 2016, the Staff has issued requests for additional information (RAIs) to Entergy regarding the required sensitivity analyses; Entergys answers are due by January 10, 2017. 13 The Staff may present its evaluation of the sensitivity analyses in a further FSEIS supplement, if warranted.

The Staff will provide additional information to the Board regarding this matter when available.

5. Coastal Zone Management Act (CZMA) Issues. To the best of the Staffs knowledge, information and belief, the current status of CZMA-related issues is as follows.

(a) Previous State 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), and that no further review is required under the CZMA. 14 The Board left open the possibility that the motions might be re-filed following consultations between the Staff and New York pursuant to 15 C.F.R. § 930.51(e). The Staff subsequently engaged in consultations with the New York State Department of State (NYSDOS) and the Applicant through December 2014. Entergy has indicated that it may seek 11 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention)

(Apr. 1, 2014).

12 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-16-7, 83 NRC 293 (2016).

13 See Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy) (Sept. 12, 2016) (ADAMS Accession No. ML16232A119).

14 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).

a declaratory order that no consistency review of IP2/IP3 is required, based on New Yorks previous consistency reviews. 15 (b) 2012 Consistency Certification. On December 17, 2012, Entergy filed a certification with 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. 16 On November 21, 2014, NYSDOS stated that Entergys withdrawal of its consistency certification was not effective; 17 Entergy has disputed that conclusion. 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; 18 that determination is appealable to the U.S. Secretary of Commerce. 19 Entergy has indicated that it may file an appeal from NYSDOSs consistency determination. 20 On November 25, 2015, the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) 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 15 Letter from Kathryn M. Sutton, Esq. and Paul M. Bessette, Esq., to the Board (Dec. 1, 2016),

at 2.

16 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).

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

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

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

19 See 16 U.S.C. §1456(c)(1)(C)(3).

20 Letter from Kathryn M. Sutton, Esq. and Paul M. Bessette, Esq., to the Board (Dec. 1, 2016),

at 2. See 16 U.S.C. §1456(c)(1)(C)(3).

decision; 21 which the Court of Appeals later issued on November 21, 2016. 22 Entergy and New York have requested a further extension of time for the filing of such an appeal. 23 In addition, Entergy has challenged NYSDOSs consistency determination as barred by the federal preemption doctrine, in a suit filed before the U.S. District Court for the Northern District of New York. 24 Further information concerning CZMA issues and various other matters pending before State and federal agencies was provided by Entergy in its December 21, 2016 response to the Boards Order of December 8, 2016. 25 21 Letter from Lois Schiffer (General Counsel, NOAA) to Sanford I. Weisburst, Esq. and Linda Baldwin, Esq. (Nov. 25, 2015), filed as Attachment 2 to Letter from Kathryn M. Sutton, Esq. and Paul M.

Bessette, Esq., to the Board (Dec. 1, 2016).

22 Entergy Nuclear Operation, Inc. v. New York State Department of State, No. 179, 2016 N.Y. LEXIS 3536; 2016 NY Slip Op 07821 (Nov. 21, 2016), slip op. at 16.

23 On December 21, 2016, Entergy and New York filed a joint status report with NOAA, requesting that NOAA (1) refrain for 60 days (i.e., until February 17, 2017) from ruling on Entergys pending request that New Yorks November 6, 2015 objection be deemed invalid; (2) require the parties to file a further status report within 45 days (i.e., by February 2, 2017); and (3) extend the date for Entergy to file its appeal and a consolidated record by 90 days (i.e., until March 19, 2017). Letter from Linda Baldwin, Esq.

and Sanford I. Weisburst, Esq. to Lois Schiffer (Dec. 21, 2016).

24 Id.; Entergy Nuclear Indian Point 2, LLC, et al. v. Perales, Case 1:16 cv 00051-LEK DJS (N.D.N.Y., complaint filed Jan. 14, 2016).

25 On December 8, 2016, the Board directed Entergy to provide information by December 21, 2016, regarding (a) whether the Commission could issue renewed licenses for IP2 and IP3 without a favorable ruling on CZMA issues from the Secretary of Commerce, and other CZMA-related questions, and (b) the status of other permits, approvals or licenses that could potentially affect license renewal for IP2/IP3; the Board further directed the Staff and Intervenors to provide any objections or additions to Entergys report by January 6 and January 19, 2017, respectively. See Order (Requesting Updated Information on Pending Litigation and Other Matters) (Dec. 8, 2016), at 2-3. Entergy filed its required response on December 21, 2016. See Entergy Nuclear Operations, Inc.s Response to the Licensing Boards Order Requesting Updated Information on Pending Litigation and Other Matters (Dec. 21, 2016).

6. 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) 287-9194 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 3rd day of January 2017

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 59th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated January 3, 2017, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 3rd day of January, 2017.

/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) 287-9194 E-mail: Sherwin.Turk@nrc.gov