ML20301A383
| ML20301A383 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/27/2020 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| 50-003-LT-3, 50-247-LT-3, 50-286-LT-3, 72-51-LT-2, License Transfer, RAS 55842 | |
| Download: ML20301A383 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 27, 2020 Parties to the Indian Point License Transfer Matter Docket Nos. Docket Nos.50-003, 50-247, 50-286 and 72-051 To Whom It May Concern:
On behalf of Commissioner Christopher T. Hanson, I am responding to the hundreds of emails received directly by the Commissioner on or about October 20, 2020, regarding the pending license transfer application for the Indian Point Energy Center. These emails are substantially similar and express the opinion that the Nuclear Regulatory Commission (NRC) should resolve the pending hearing requests of the State of New York and Riverkeeper, Inc., before approval of the requested license transfer or any requests for exemptions.
Because the NRC has received requests from New York and Riverkeeper for a hearing on the license transfer application, these email messages bear on what is now a contested adjudicatory proceeding before the Commission and it would be inappropriate for Commissioner Hanson to comment on them at this time. This is because the Commission must remain impartial during the pendency of the proceeding. The hearing requests will be considered in accordance with the agency's procedures.
A representative example email message and this response will be served on the participants in the Indian Point license transfer proceeding. The remaining email messages will be added to the docket as comments on the matter.
Sincerely, Annette L. Digitally signed by Annette L. Vietti-Cook Vietti-Cook 10:46:14 -04'00' Date: 2020.10.27 Annette L. Vietti-Cook
From: Riverkeeper on behalf of Karen Rubino To: CMRHanson Resource
Subject:
[External_Sender] Fully adjudicate all pending petitions on Docket Nos. 50-3, 50-247 and 50-286 Date: Monday, October 26, 2020 11:55:11 AM Oct 26, 2020 Christopher Hanson, NRC Commissioner
Dear:
Hanson, NRC Commissioner, The Nuclear Regulatory Commission (the "Commission") must fully adjudicate all pending petitions regarding the proposed transfer of Indian Point Energy Center ("IPEC") prior to making a determination on the license transfer application and related exemption requests, Docket Nos. 50-3, 50-247 and 50-286.
As also discussed in the State of New York's Supplemental Comments (Accession No: ML022811A635), approval of the proposed transfer prior to the Commission's ruling on the pending petitions to intervene--submitted by the State, Riverkeeper, and others--would place the public at risk. It is essential that the concerns raised about Holtec's financial qualifications and character be properly assessed and mitigated if necessary.
Specifically, Riverkeeper had challenged the proposed transfer of Indian Point's licenses to Holtec on the grounds that its past actions show a lack of character, competence, and integrity, as well as the necessary candor, truthfulness and willingness to abide by NRC regulatory requirements. Since then, as detailed in supplemental filings, Riverkeeper has learned that Holtec is currently under criminal investigation in New Jersey, is financially unsound, and has deliberately violated local laws during the decommissioning of Oyster Creek.
Upon information and belief, the current criminal investigation into Holtec is for perjury, i.e. lying on a form to obtain tax credits from New Jersey, and fraud. Riverkeeper has also learned that Holtec is unable to pay back some of its debts due to cancellation of the tax credit due to the fraud as shown in Holtec's brazen suit for damages due to the cancellation of its tax breaks. In addition, a lawsuit filed by Lacey Township makes it plain that Holtec willfully violated local laws and did not stop certain work at Oyster Creek until the municipality obtained an injunction from a court.
The costly process of decommissioning of nuclear power plants can last decades and involve the complex removal and disposal of radioactive materials, presenting a significant risk to the community if not properly executed. The law provides for a number of safeguards to ensure that decommissioning is safely and completely executed including funding from decommissioning trust funds made up in part of rate payer contributions-- which totals over $2 billion for the three Indian Point reactors. Failure to comply with these laws may lead to significant safety and financial ramifications on the public. Further, corner
cutting may impact both the safety and job security of the many IPEC employees both current and future. Giving this huge responsibility to an untrustworthy company would only put the local communities, IPEC employees, and New York State taxpayers at risk, especially in light of Holtec's proven record of cutting corners to maximize its own profits.
Therefore, the Commission must fully adjudicate all pending petitions on Docket Nos. 50-3, 50-247 and 50-286 before issuing a determination on the Indian Point license transfer application. As part of this process, I urge the Commission to examine the proposed license transfers and exception requests, giving heightened scrutiny to financial and character qualifications of Holtec, and requiring financial assurances as needed to protect the public.
Sincerely, Karen Rubino 113 Iceland Dr S Huntington, NY 11746-4231 rubino113@aol.com
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 to Indian Point License Transfer Matter Parties from NRC Secretary have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 ocaamail.resource@nrc.gov hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Susan H. Raimo, Esq.
Office of the General Counsel Entergy Services, LLC Mail Stop O-14A44 101 Constitution Ave., NW Washington, DC 20555-0001 Suite 200 East Tison Campbell, Esq. Washington, DC 20001 Anita Ghosh Naber, Esq. sraimo@entergy.com David Roth, Esq.
Jeremy Wachutka, Esq. William B. Glew, Jr., Esq.
Mary Woods, Esq. Entergy Services, LLC Brian Newell, Paralegal 639 Loyola Avenue, 22nd Floor tison.campbell@nrc.gov New Orleans, LA 70113 anita.ghoshnaber@nrc.gov wglew@entergy.com david.roth@nrc.gov jeremy.wachutka@nrc.gov Counsel for Entergy Services, LLC mary.woods@nrc.gov Paul M. Bessette, Esq.
brian.newell@nrc.gov Scott D. Clausen, Esq.
Ryan K. Lighty, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 paul.bessette@morganlewis.com 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 to Indian Point License Transfer Matter Parties from NRC Secretary William F. Gill, IV, Esq. Counsel for Riverkeeper, Inc.
Holtec International Todd Ommen, Esq.
1 Holtec Boulevard Pace Environmental Litigation Clinic, Inc.
Camden, NJ 08104 78 North Broadway w.gill@holtec.gom White Plains, NY 10603 tommen@law.pace.edu Counsel for Holtec International Peter D. LeJeune, Esq.
Alan D. Lovett, Esq. New York State Sen. Pete Harckham Nick Theodore, Esq. 1 Park Street Jason B. Tompkins, Esq. Peekskill, NY 10566 Balch & Bingham LLP Tito A Davila, Community Liaison 1710 Sixth Avenue North titosd40@gmail.com Birmingham, AL 35203-2015 wgill@holtec.com Safe Energy Rights Group, Inc.
plejeune@balch.com 9 McGuire Ave alovett@balch.com Pekskill, NY 10566 ntheodore@balch.com Courtney M. Williams, PhD jtompkins@balch.com mazafratz@yahoo.com New York State Office of the Attorney General Safe Energy Rights Group, Inc.
The Capitol 201 Union Avenue Albany, New York 12224-0341 Peekkill, NY 10566 Lisa M. Burianek, Esq. Nancy S. Vann Janice Dean, Esq. nancy_vann@hotmail.com Joshua Tallent, Esq.
Channing Wistar-Jones, Esq. Private Citizen Andrea Catalfamo, Administrative Specialist 6 Mancuso Drive lisa.burianek@ag.ny.gov Ossining, NY 10562 janice.dean@ag.ny.gov Henry S. Kelly joshua.tallent@ag.ny.gov hankk9468d@yahoo.com channing.jones@ag.ny.gov andrea.catalfamo@ag.ny.gov Counsel for Town of Cortlandt, Village of Buchanan and Hendrick Hudson School District Daniel Riesel, Esq.
Dane Warren, Esq.
Sive, Paget, Riesel 560 Lexington Avenue New York, NY 10022 driesel@sprlaw.com dwarren@sprlaw.com Herald M. Digitally signed by Herald M.
Speiser Speiser Date: 2020.10.27 11:01:11
-04'00' Office of the Secretary of the Commission Dated at Rockville, Maryland this 27th day of October, 2020.
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