ML20336A293

Letter to the Honorable Charles E. Schumer Et Al., from Margaret M. Doane, Executive Director for Operations Re a Public Hearing in the Transfer of Indian Point'S License

ML20336A293
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 Congress, US HR (House of Representatives), US SEN (Senate)
References
LTR-20-0421
Download: ML20336A293 (3)

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. Nuclear Regulatory Commissions (NRC) 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 agency recognizes the publics interest in the regulation of nuclear activities and has a strong commitment to encouraging public involvement and considering stakeholder input.

For license transfer applications, the NRCs regulations state that the staff is expected to issue its licensing decision promptly after completing its safety evaluation report. However, if hearing requests are pending before the Commission at the time of the staffs decision, any order 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.

You also expressed concerns about the NRCs engagement with the public during the pendency 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.

I understand the significant public interest in the agencys license transfer process for Indian 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 Digitally signed by Margaret M. Doane Date: 2020.11.20 12:19:08 -05'00' 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