ML11355A203

Settlement Agreement Regarding New York State Contention 24

ML11355A203
Person / Time
Site:	Indian Point
Issue date:	12/21/2011
From:	Bessette P M, Dean J A, Donaldson C Entergy Nuclear Indian Point 2, Entergy Nuclear Indian Point 3, Entergy Nuclear Operations, Morgan, Morgan, Lewis & Bockius, LLP, State of NY, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML11355A201	List: ML11355A203 ML11355A204 ML11355A205 ML11355A206
References
RAS 21595, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML11355A203 (6)

Text

Attachment A UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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x In re: Docket Nos. 50-247-LR; 50-286-LR

License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01

Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. December 21, 2011

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x SETTLEMENT AGREEMENT REGARDING NEW YORK STATE CONTENTION 24 This Settlement Agreement is entered into on December 21, 2011, by and between the State of New York and Entergy Nuclear Indian Point 2, LLC, En tergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. ("En tergy") in accordance with 10 C.F.R. § 2.338(a) and (h), WHEREAS, on November 30, 2007, the State petitione d to intervene as a party in this Nuclear Regulatory Commission ("NRC") procee ding concerning whether the operating licenses of the Indian Point Unit 2 and Indian Point Unit 3 nuclear power reactors, located in the Village of Buchanan, New York, should be renewed; and

WHEREAS , in its November 30, 2007 petition the State raised several contentions, including a contention challenging the present structural integrity of the reactor containments of the Indian Point Unit 2 and Indian Point Unit 3 nuclear power reactors based on the original water-cement ratios of the containment concrete, and the adequacy of the me asures that Entergy 2proposed to employ to ensure the continued structural integrity of these reactor containments during any NRC-approved period of extended operation for Indian Point Units 2 and 3; and WHEREAS, by Memorandum and Order dated July 31, 2008 (LBP-08-13), the Atomic Safety and Licensing Board ("ASLB") admitted the State as a party to this proceeding, and admitted as Contention New York State 24 ("NYS-24") the State's contention regarding the present structural integrity of the Indian Point Unit 2 and Indian Point Unit 3 reactor containments, and related proposed aging management procedures; and

WHEREAS, as part of mandatory disclosures and in an effort to resolve NYS-24, Entergy has provided the State with certain information concerning the testing of the compression strength of the concrete used to bu ild Indian Point Unit 2's and Indian Point Unit 3's reactor containments, and has also provided the State with reports documenting the results of certain ASME Boiler and Pressure Code,Section XI, Division I, Subsection IWL ("ASME Section XI IWL") inspections intended to as certain the current c ondition of the reactor containments, specifically the results of six formal visual inspec tions of the exterior concrete surfaces of the Indian Point Units 2 and 3 containments; and

WHEREAS, the State has informed Entergy that the information that Entergy has provided about Indian Point Unit 2's and Indian Point Unit 3's reactor concrete containments has resolved the State's concerns a bout the present structural integrity of the containments; and WHEREAS , to provide assurance that the Indian Point Unit 2's and Indian Point Unit 3's reactor containments continue to perform their intended functio ns during any period of extended operation, the State has re quested that Entergy provide the State copies of the results of future ASME Section XI IWL visual inspections a nd/or the results of insp ections or tests that 3might replace, augment, or update these visual inspections of the exterior concrete surfaces of the containments, and Entergy has agr eed to provide these reports; and WHEREAS, the State wishes to obtain the same assurance of the continued structural integrity of Indian Point Unit 2's and Indian Point Unit 3's reactor containments in the event Entergy replaces the visual methods it currently uses to inspect the containments, and Entergy

has agreed to provide the State with the results of any such methods, or other means that Entergy might substitute for its current visual inspections of the exterior concrete surfaces of the containments; and WHEREAS, the State wishes to obtain the same assurance of the continued structural integrity of Indian Point Unit 2's and Indian Poin t Unit 3's reactor containments even if Entergy ceases to be the operator of either Indian Point Unit 2 or Indian Point Unit 3, or ceases to be the operator of both reactors, and Entergy has agreed to condition the transfer of either Indian Point Unit 2 or Indian Point Unit 3, and/or the transfer of both reactors, upon the agreement of the new operator or operators to assume Entergy's continuing obligation to provide the State with copies of the results of inspections of the exterior concrete surfaces of the containment or containments as specified above.

NOW, THEREFORE, in consideration of the premises and mutual promises herein, the State and Entergy agree as follows:

1. The State agrees that its technical co ncerns have been re solved regarding the present structural integrity of the Indian Point Unit 2 and Indian Point Unit 3 reactor containments, and the measures that Entergy proposes to employ to ensure the continued structural integrity of the reactor containmen ts during any NRC-approved period of extended 4operation. The State therefore withdraws Contention NYS-24 in this relicensing proceeding, subject to the ASLB's consent.

2. The State and Entergy agree to file a joint motion seeking a Consent Order from the ASLB approving this Settlement Agreement and dismissing Contention NYS-24 ("Consent Order").

3. The State and Entergy, the parties to this Settlement Agreement, acknowledge that the NRC and the ASLB members appointed to hear In re: License Renewal Application Submitted by Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc., Docket Nos. 50-247-LR; 50-286-LR (ASLBP No.07-858 LR-BD01) have jurisdiction over the parties and over the subject matter of the Settlement Agreement, including jurisdiction to take the actions sought in the Joint Motion for Approval of Settlement Agreement and Dismissal of New York State Contention 24 ("Joint Motion") to which this Settlement Agreement is attached. 4. With regard to NYS-24 in this relicensing proceeding, the parties to it expressly waive any and all further procedural steps before the ASLB and any right to challenge or contest the validity of any order the ASLB enters in accordance with this Settlement Agreement for NYS-24, and waive all rights to seek j udicial review or otherwise to contest the validity of any order entered by the ASLB with regard to NYS-24 in this relicensing proceeding so long as such order is fully consistent with each and every provision of this Settlement Agreement. 5. The State and Entergy agree that an order the ASLB enters in accordance with this Settlement Agreement for NYS-24 will have the same force and effect as an order entered after full hearing on the pending relicensi ng application before the Board.

56. The State and Entergy agree that all matters referred to in this Settlement Agreement and the Joint Motion that were requi red to be adjudicated in c onnection with Contention NYS-24 have been resolved by this Settlement Agreement and the ASLB's order in accordance with this Settlement Agreement.

7. This Settlement Agreement will become effective upon issuance of the Consent Order requested by the Joint Motion.

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