ML20057F128
| ML20057F128 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/26/2020 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Boykin B Westchester County, NY, Board of Legislators |
| SECY RAS | |
| References | |
| 50-003-LT-3, 50-247-LT-3, 50-286-LT-3, 72-51-LT-2, License Transfer, RAS 55583 | |
| Download: ML20057F128 (8) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 26, 2020 Benjamin Boykin, Chairman Legislator, 5th District Westchester County Board of Legislators 800 Michaelian Office Building 148 Martine Avenue White Plains, New York 10601
Dear Chairman Boykin:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of February 7, 2020, addressed to Chairman Svinicki regarding the Indian Point Energy Center license transfer request from Entergy and Holtec (Docket Nos.50-003, 50-247, 50-286 and 72-051; NRC-2020-0021 ). Your letter expresses support for the NRC to hold a hearing on the license transfer application should the State of New York and Riverkeeper request a hearing .
Because the NRC received requests for hearing on the matter, your letter bears on what is now a contested adjudication before the Commission and it would be inappropriate for the Chairman to discuss the matter at this time . This is because the Commission must remain impartial during the pendency of the adjudication. The hearing requests and arguments made concerning the timing of a hearing will be considered in accordance with the agency's procedures.
Finally, your letter requests an extension of the 30-day public comment period on the proposed
.license transfer. The NRC staff has decided to extend the comment period for an additional 30 days, until March 25, 2020. A notice of this extension was published in the Federal Register on February 19, 2020.
A copy of your letter and this response will be served on the participants in the Indian Point license transfer proceeding.
Sincerely, Annette L. Vietti-Cook cc: See next page
Cc List:
Alfreda Williams, Vice Chair David Tubiolo Legislator, 8th District Legislator, 14th District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains , New York 10601 MaryJane Shimsky, Majority Leader Jose Alvarado Legislator, 12th District Legislator, 17th District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601 Margaret Cunzio, Minority Leader Colin Smith Legislator, 3rd District Legislator, 1th District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601 Nancy Barr Christopher Johnson, Majority Whip Legislator, 5th District Legislator, 15th District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601 Catherine Parker Kitley Covill Legislator, 7th District Legislator, 2nd District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601 Damon Maher Vedat Gashi Legislator, 1oth District Legislator, 4th District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601 Terry Clements Catherine Borgia Legislator, 11th District Legislator, gth District Westchester County Board of Legislators Westchester County Board of Legislators 800 Michaelian Office Building 800 Michaelian Office Building 148 Martine Avenue 148 Martine Avenue White Plains, New York 10601 White Plains, New York 10601
Lyndon Williams Legislator, 13th District Westchester County Board of Legislators 800 Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Ruth Walter Legislator, 15th District Westchester County Board of Legislators 800 Michaelian Office Building 148 Martine Avenue White Plains, New York 10601
February 7, 2020 Chairman Kristine L. Svinicki US Nuclear Regulatory Commission Washington DC, 20555-0001 Re: Indian Point License Transfer Application Docket ID NRC-2020-0021
Dear Chairman Svinicki:
We the undersigned members of the Westchester County Board of Legislators together with Westchester County Executive George Latimer anticipate a petition will be filed by New York State and Riverkeeper requesting that the Nuclear Regulatory Commission (NRC) conduct a hearing on the Indian Point Transfer Application, pursuant to NRC regulations set forth in 10 C.F.R Part 2. We strongly support the request for a hearing. We also join Senators Charles E.
Schumer and Kirsten Gillibrand as well as Representatives Nita Lowey, Eliot Engel, and Sean Patrick Maloney who also have written you in support of such a hearing.
The proposed license transfer raises serious and substantial concerns that are critical to the economic and environmental well-being of the residents of Westchester County, some of which we detail below. These concerns make it imperative that the NRC hold such a hearing before taking any action on the proposed license transfer from Entergy Corporation (Entergy) to a subsidiary of Holtec International (Holtec).
Matters requiring substantive examination before any license transfer is granted include concerns about the adequacy of the financial resources of Holtec and its subsidiaries to properly complete the work, and the sufficiency of plans to ensure the safety of Westchester residents and natural resources during the decommissioning.
Some questions include:
How can a company with unknown financial resources and a questionable track record provide assurance that it can safely complete the decommissioning process?
To avoid undue burden on County and local first responders, will Holtec/Entergy maintain necessary plans, a sufficient number of trained staff, and security mechanisms to prevent or mitigate workplace accidents and consequences of extreme weather, earthquakes, terrorist attacks and risks associated with proximity to high pressured gas pipelines?
Page 2 of 3 NRC Will there be independent monitoring of soil, air, and groundwater to allow accurate measurement of released contaminants, including an accurate baseline from which to measure?
How can we vet the financial viability of Holtec, which is comprised of organizations insulated from liability, and lacking transparency with respect to its funding and capital structure?
How do we know that the amount set aside in the Decommissioning Trust Fund will be adequate, especially if Holtec is allowed to drain nearly 1/3 of the Trust Fund to pay for storage of nuclear waste?
What will Holtec do if some of the assumptions being made, such as Congress changing the law to allow interim offsite storage and the monetary growth of the Decommissioning Trust Fund, do not come to pass?
What long-term measures will be put in place to monitor the environmental and safety concerns on the site? For example, how will potential degradation of the dry cask storage units can be monitored in future decades?
The people of Westchester County and their elected representatives must be given a full and transparent opportunity to present their concerns on the proposed license transfer before the NRC acts, and the input of the people of Westchester and their elected representatives must be included in the decisional record before the NRC grants a license transfer.
In addition, County Executive George Latimer and other elected officials representing the people of Westchester, are writing the NRC to request an extension of the 30-day public comment period on the proposed license transfer and a local public hearing, a period which currently is set to end on February 24, 2020. We join them in requesting such an extension and a local public hearing, to ensure that the people of the County have adequate time to weigh in on such a complex matter and such a consequential decision that will impact the people of Westchester for generations.
Thank you for your attention. We hope you will provide the people of Westchester with the proper and adequate venue and opportunity for examining a proposed license transfer of such significant economic and environmental consequence to the residents of our County.
Sincerely, Vice Chair Alfreda Williams Chairman Benjamin Boykin Legislator, 8th District Legislator, 5th District
Majority Leader MaryJane Shimsky Legislator, 12th District Colin Smith Legislator, 1st District Minority Leader Margaret Cunzio Legislator, 3rd District Majority Whip Christopher Johnson Legislator, 16th District Nancy Barr Legislator, 6th District Kitley Covill Legislator, 2nd District Catherine Parker Legislator, 7th District Vedat Gashi Legislator, 4th District Damon Maher Legislator, 10th District Catherine Borgia Legislator, 9th District Terry Clements Legislator, 11th District Lyndon Williams Legislator, 13th District David Tubiolo Legislator, 14th District Ruth Walter Legislator, 15th District Jose Alvarado Legislator, 17th District
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-003-LT-3
) 50-247-LT-3
) 50-286-LT-3 (Indian Point Nuclear Generating Station, ) 72-51-LT-2 Units 1, 2 and 3 and ISFSI) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter from NRC Secretary to Chairman Boykin have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 hearingdocket@nrc.gov ocaamail.resource@nrc.gov Susan Raimo, Esq.
U.S. Nuclear Regulatory Commission Entergy Services, LLC Office of the General Counsel 101 Constitution Ave., NW Mail Stop O-14A44 Suite 200 East Washington, DC 20555-0001 Washington, DC 20001 Tison Campbell, Esq. sraimo@entergy.com Anita Ghosh Naber, Esq.
David Roth, Esq.
Jeremy Wachutka, Esq. Counsel for Entergy Services, LLC Mary Woods, Esq. Paul M. Bessette, Esq.
Brian Newell, Paralegal Scott D. Clausen, Esq.
tison.campbell@nrc.gov Ryan K. Lighty, Esq.
anita.ghoshnaber@nrc.gov Morgan, Lewis & Bockius LLP david.roth@nrc.gov 1111 Pennsylvania Avenue, NW jeremy.wachutka@nrc.gov Washington, DC 20004 mary.woods@nrc.gov paul.bessette@morganlewis.com brian.newell@nrc.gov scott.clausen@morganlewis.com ryan.lighty@morganlewis.com
Indian Point Nuclear Generating Station Docket Nos. 50-003-LT-3, 50-247-LT-3, 50-286-LT-3 and 72-51-LT-2 Letter from NRC Secretary to Chairman Boykin Counsel for Holtec International Safe Energy Rights Group, Inc.
Alan D. Lovett, Esq. 9 McGuire Ave Nick Theodore, Esq. Pekskill, NY 10566 Balch & Bingham LLP Curtney M. Williams, PhD 1710 Sixth Avenue North mazafratz@yahoo.com Birmingham, AL 35203-2015 alovett@balch.com ntheodore@balch.com Safe Energy Rights Group, Inc.
201 Union Avenue Peekkill, NY 10566 New York State Office of the Attorney General Nancy S. Vann The Capitol nancy_vann@hotmail.com Albany, New York 12224-0341 Joshua Tallent, Esq.
Lisa M. Burianek, Esq. Private Citizen Andrea Catalfamo, Administrative Specialist 6 Mancuso Drive joshua.tallent@ag.ny.gov Ossining, NY 10562 lisa.burianek@ag.ny.gov Henry S. Kelly andrea.catalfamo@ag.ny.gov hankk9468d@yahoo.com Counsel for Town of Cortlandt, Village of Buchanan and Hendrick Hudson School District Dane Warren, Esq.
Sive, Paget, Riesel 560 Lexington Avenue New York, NY 10022 dwarren@sprlaw.com Counsel for Riverkeeper, Inc.
Todd Ommen, Esq.
Pace Environmental Litigation Clinic, Inc.
78 North Broadway White Plains, NY 10603 tommen@law.pace.edu New York State Sen. Pete Harckham 1 Park Street Peekskill, NY 10566 Tito A Davila, Community Liaison titosd40@gmail.com Dated at Rockville, Maryland [Original signed by Krupskaya T. Castellon]
this 26th day of February, 2020. Office of the Secretary of the Commission 2