ML20325A224
| ML20325A224 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/20/2020 |
| From: | Margaret Doane NRC/EDO |
| To: | Engel E, Gillibrand K, Lowey N, Maloney S, Schumer C US HR (House of Representatives), US SEN (Senate) |
| SECY RAS | |
| References | |
| 50-003-LT-3, 50-247-LT-3, 50-286-LT-3, 72-51-LT-2, License Transfer, RAS 55870 | |
| Download: ML20325A224 (7) | |
Text
November 20, 2020 The Honorable Charles E. Schumer United States Senate Washington, DC 20510
Dear Senator Schumer:
Thank you for your November 16, 2020, letter, in which you expressed concerns that the U.S. staff is anticipated to issue its approval of a license transfer for Indian Point Energy Center before the Commission has ruled on pending requests for a hearing on that application. I am responding to your letter because given the nature of the Commission's adjudicatory role, the Commission must remain impartial and cannot comment at this time.
I want to assure you that if the Commission decides to grant an adjudicatory hearing on the license transfer application, the petitioners will have a meaningful opportunity to present their issues, as described below, even if the staff has already issued its licensing decision. The commitment to encouraging public involvement and considering stakeholder input.
its licensing decision promptly after completing its safety evaluation report. However, if hearing requests are pending before the Commission at the time of approving the application would include a formal license condition stating that the transfer is subject to the outcome of a hearing. The Commission, if granting a hearing in the case, has the authority to make whatever changes to the license may be necessary, including modifying, conditioning, or rescinding the transfer.
of the hearing requests. The NRC staff has kept the public updated on the status of its licensing review. For example, the staff discussed the license transfer application and the expected schedule for completing its review during the September 2020 Indian Point annual assessment public meeting. Additionally, both during this meeting and in response to its Federal Register notice regarding the license transfer application, the staff received more than 400 comments from a wide range of stakeholders. The staff will be responding to these comments in the safety evaluation report that will accompany its decision on the license transfer application.
In response to your request for a list of each instance the NRC has approved a license transfer application for a plant in decommissioning while hearing requests were pending, the NRC issued two such approvals between 2007 and 2020: Big Rock Point Facility and Big Rock Point Independent Spent Fuel Storage Installation (2007) and Pilgrim Nuclear Power Station (2020).
The staff is still researching decommissioning license transfer approvals prior to 2007, and we will notify you of any additional approvals issued while hearing requests were pending.
Point, and if I can be of any additional assistance, please contact me or Eugene Dacus, Director of the Office of Congressional Affairs, at (301) 415-1776.
A copy of your letter and this response will be served on the participants in the Indian Point license transfer proceeding.
Sincerely, Margaret M. Doane Executive Director for Operations
Identical letter sent to:
The Honorable Charles E. Schumer United States Senate Washington, DC 20510 The Honorable Kirsten Gillibrand United States Senate Washington, DC 20510 The Honorable Nita M. Lowey United States House of Representatives Washington, DC 20515 The Honorable Eliot L. Engel United States House of Representatives Washington, DC 20515 The Honorable Sean Patrick Maloney United States House of Representatives Washington, DC 20515
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 Senators Schumer and Gillibrand, and Representatives Lowey, Engel, and Maloney from the NRC Executive Director for Operations have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16B33 Office of the Secretary of the Commission Washington, DC 20555-0001 Mail Stop: O-16B33 ocaamail.resource@nrc.gov Washington, DC 20555-0001 hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Susan H. Raimo, Esq.
Mail Stop O-14A44 Entergy Services, LLC Washington, DC 20555-0001 101 Constitution Ave., NW Tison Campbell, Esq. Suite 200 East Anita Ghosh Naber, Esq. Washington, DC 20001 David Roth, Esq. sraimo@entergy.com Jeremy Wachutka, Esq.
Mary Woods, Esq. William B. Glew, Jr., Esq.
Brian Newell, Paralegal Entergy Services, LLC tison.campbell@nrc.gov 639 Loyola Avenue, 22nd Floor anita.ghoshnaber@nrc.gov New Orleans, LA 70113 david.roth@nrc.gov wglew@entergy.com jeremy.wachutka@nrc.gov mary.woods@nrc.gov Counsel for Entergy Services, LLC brian.newell@nrc.gov Paul M. Bessette, Esq.
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 Senators Schumer and Gillibrand, and Representatives Lowey, Engel, and Maloney from the NRC Executive Director for Operations 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 Digitally signed by Clara I.
Clara I. Sola Sola Date: 2020.11.20 12:52:17
-05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland this 20th day of November, 2020.
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