ML20090C640

Entergy to NRC and NMFS, Indian Point Sturgeon Monitoring and COVID-19 Response

ML20090C640
Person / Time
Site:	Indian Point
Issue date:	03/26/2020
From:	Zoli E Jones Day
To:	Crocker J, Briana Grange, Williams J Office of Nuclear Material Safety and Safeguards, US Dept of Commerce (DOC)
Briana Grange 301-415-1042
References
Download: ML20090C640 (2)

Text

From: Zoli, Elise N.

To: Grange, Briana; Julie Crocker (julie.crocker@noaa.gov); Julie Williams Esq. (julie.williams@NOAA.gov)

Cc: Susan Floyd (sfloyd3@entergy.com); Gray, Dara F; Garcia, Carlos A

Subject:

[External_Sender] Indian Point Monitoring.

Date: Thursday, March 26, 2020 4:53:56 PM Briana, Julie C. and Julie W.:

First and foremost, we hope and trust that you and yours are well at a difficult and complex time.

Second, as we discussed during our call on March 12, 2020, was summarized in my written summary of March 17, 2020, and I understand that Julie C. discussed yesterday with Dara G., the impacts of the rapidly evolving COVID-19 situation, particularly as it has evolved in New York, are being experienced at the Indian Point Stations in the ways that we advised you could occur. Specifically, consistent with (1) Governor Cuomos various Executive Orders (including as those Orders establish remote work mandates and exemptions), and (2) Entergys Pandemic Procedure (including as it implements Nuclear Regulatory Commission mandates and industry benchmarks), access to the Indian Point by external or third-party consultants (Consultants) performing non-essential or non-critical services is being curtailed to reduce the potential impact to the Stations fundamental mission and the essential or critical Entergy staff performing that mission. As summarized below, essential or critical Entergy staff are prioritized based on their roles with respect to the core nuclear mission, consisting of nuclear security, safety and operations, including to support electric-generation operations.

As you may be aware and as a gross oversimplification of a complex and nuanced dynamic, limiting access to Indian Point of Consultants and Entergy personnel capable of remote work (telecommuting) is designed to reduce the potential exposure (and, for instance, correlated absenteeism associated with being required to quarantine) or otherwise manage COVID-19 risks in a prudent, pro-active manner -- one designed to ensure that, even as the COVID-19 dynamic may evolve, essential or critical Indian Point staff (and their supporting staff) can remain effectively focused on nuclear operations, safety and security, as well as electric-generating operations. As you may recall, monitoring work performed by Normandeau Associates, Inc. (NAI) necessitates travel of those NAI personnel to the Indian Point site, as well as access to and daily interactions between NAI personnel and Entergy staff, including nuclear operational, security and nuclear safety staff (among others, of course). Therefore, at this time, Entergy has determined that it is not appropriate to authorize NAIs access to Indian Point, which would be necessary for NAI personnel to begin the monitoring on April 1, 2020 (as it did in April 1, 2019). Further, owing to the fact that the expertise necessary to substitute reduced Entergy staff monitoring (as proposed on our call and summarized in my email) resides entirely within Entergy staff who are working remotely or otherwise assigned directly to COVID-19 response activities, Entergy cannot at this time offer to substitute its own personnel to perform that reduced monitoring. As set out in Entergys Annual Report, and addressed in our discussion on March 12, 2020, we can identify no credible risk to Sturgeon of this action, as no impingement of Sturgeon was identified despite the intensive 2019 monitoring effort, nor expected based on the best available scientific information, a risk reduced even more (if possible) by Indian Point 2s imminent cessation of electric-generating activities and the expected closure of Indian Point 3 no later than April 30, 2021.

Finally, we appreciate your understanding during this difficult time, will continue to monitor the situation, and will keep you informed of significant changes in this plan to the extent that they facilitate some capacity on Entergys part to undertake the work in question. We also understand that your own management of the COVID-19 dynamic may not allow your team to respond to this communication in the near term, and we will assume that this notification is sufficient, unless you request additional information.

Many thanks, and my best, Elise Elise N. Zoli (Bio)

Partner Among the most influential women in energy law (subscription).

JONES DAY - One Firm Worldwide 100 High Street, 21st Floor Boston, MA 02110-1781 Direct: +1.617.449.6807 Cell: +617.461.7062 ezoli@jonesday.com Admitted in New York and Massachusetts