ML16306A337

NRC Staff 57th Status Report in Response to the Atomic Safety and Licensing Board Order of February 16, 2012

ML16306A337
Person / Time
Site:	Indian Point
Issue date:	11/01/2016
From:	Sherwin Turk NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 51412
Download: ML16306A337 (5)

Text

Novem ber 1, 201 6 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) ENTERGY NUCLEAR OPERATIONS, INC.

) Docket Nos. 50

-247-LR/286-LR ) (Indian Point Nuclear Generating ) Units 2 and 3)

) NRC STAFF'S 5 7 th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Board's ("Board") "Order (Granting NRC Staff's Unopposed Time Extension Motion and Directing Filing of Status Updates)

" ("Order"), issued on February 16, 2012, the N RC Staff ("Staff") herewith provides its 5 7 th monthly status report to the Board

. Safety Issues

1. Track 2 Safety Issues

. Hearings on the three "Track 2" safety contentions related to the License Renewal Application ("LRA") for Indian Point Units 2 and 3 ("IP2" and "IP3") were held on November 16-19, 2015. On February 5, 2016, the State of New York ("New York") filed a motion seeking the late admission of six documents as exhibits related to the Track 2 contentions

.1 On February 19, 2019, the Board granted New York's Motion, conditioned upon its filing of expert testimony demonstrating the relevance, materiality and

1 "State of New York Motion for Leave to File Six Documents as Additional Exhibits" (Feb.

5, 2016). reliability of the proposed exhibits

2 t he Board further indicated that the evidentiary record will be closed within 10 days after the filing of all supplemental testimony, unless it requires additional testimony on the proposed exhibits.3 New York filed it s supplemental testimony on March 4, 2016; Entergy and the Staff filed responsive testimony on March 18, 201

6. As required by the Board's Order s of July 13 and August 3, 2016, (a) New York is to file its reply testimony regarding th e six documents , and the Intervenors are to file their supplemental testimony on baffle

-former bolt issues

, by November 17, 2016; (b) Entergy and the Staff are to file supplemental testimony by January 19, 2017; (c) the Intervenors are to file their reply testimony by March 2, 2017; (d) the parties are to file proposed findings of fact and conclusions of law by April 17, 2017

and (e) the parties are to file reply findings of fact and conclusions law by June 1, 2017.4 On October 26, 2016, New York and Riverkeeper filed an unopposed motion to extend all of the above filing dates by 60 days, due to the unavailability of certain baffle

-former bolt test reports.

5 Th e motion is currently pending before the Board.

2. Other Safety Issues.

There has been no change in this item since the Staff filed its previous status report. As stated previously, the Staff has been reviewing issues associated with two Interim Staff Guidance ("ISG") documents (LR-ISG-2012-02 and LR-ISG-2013-01).6 I n 2 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), "Order (Requesting Expert Testimony on New York's Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law)" (Feb. 19, 2016), at 2. 3 Id. at 3. 4 See Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), "Order (Scheduling of Further Filings on Track 2 Contentions)" (July 13, 2016), at 4; "Order (Granting Joint Motion for Reconsideration)" (Aug. 3, 2016), at 4.

5 "Unopposed Joint Motion To Extend Track 2 Hearing Schedule Deadlines" (Oct. 26, 2016).

6 See (1) Notice of Issuance, Interim Staff Guidance; LR

-ISG-2012-02; "Aging Management of Internal Surfaces, Fire Water Systems, Atmospheric Storage Tanks, and Corrosion under Insulation,"

78 Fed. Reg. 70,076 (Nov. 22, 2013); (2) Notice of Issuance, Interim Staff Guidance; LR

-ISG-2013-01; "Aging Management of Loss of Coating or Lining Integrity for Internal Coatings/ Linings on In

-Scope Piping, Piping Components, Heat Exchangers, and Tanks," 79 Fed. Reg. 68,308 (Nov. 14, 2014).

addition, a further ISG (LR ISG

-2015-01) has been issued, 7 and an additiona l draft ISG (LR ISG-2016-01) has been issued for public comment.

8 The Staff has not yet determined whether these matters will be addressed in a n SER Supplement for IP2 and IP3.

The Staff will provide further information to the Board regarding these issues when available.

Environmental Issues

3. FSEIS Supplem ent. There has been no change in this item since the Staff filed its previous status report. On December 22, 2015, the Staff issue d its draft second supplement (Volume 5) to the Final Supplemental Environmental Impact Statement

("FSEIS") for license renewal of IP2 and IP3

.9 Numerous public comments were submitted regarding the draft FSEIS supplement

. T he Staff expec t s to issue Final Supplement 2 (Volume 5) to the FSEIS in January 2017

.10 4. Contention NYS-12C (SAMAs). O n February 14, 2014, New York filed a petition for review of the Board's Partial Initial Decision (LBP-13-13) concerning Contention NYS

-12C ,11 and on April 28, 2014, New York filed a petition for review of the Board's Order denying its 7 See Notice of Issuance, Interim Staff Guidance; LR-ISG-2015-01 , "Changes to Buried and Underground Piping and Tank Recommendations," 81 Fed. Reg. 23 (Feb. 4, 2016). This LR-ISG will replace aging management program (AMP) XI.M41, "Buried and Underground Piping and Tanks," and the associated Updated Final Safety Analysis Report (UFSAR) Summary Description in LR

-ISG-2011-03, "Changes to the Generic Aging Lessons Learned (GALL) Report Revision 2 Aging Management Program (AMP) XI.M41, 'Buried and Underground Piping and Tanks

.'" 8 Draft License Renewal Interim Staff Guidance

[LR ISG-2016-01]; Request for Comment , "Changes to Aging Management Guidance for Various Steam Generator Components," 81 Fed. Reg.

36,612 (June 7, 2016).

9 "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Draft Report for Comment," NUREG-1437, Supplement 38, Vol. 5 (Dec. 2015) ("Draft FSEIS Supplement 2"). See Letter from Sherwin E. Turk to the Board (Dec. 22, 2015), at

1. 10 Letter from Jane Marshall (NRC) to Vice President, Operations, Entergy Nuclear Operations, Inc., "Schedule Revision for the Environmental Review of the Indian Point Nuclear Generating Unit Nos. 2

and 3 License Renewal Application" (June 28, 2016). 11 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP 13, 78 NRC 246 (Nov. 27, 2013).

motion to reopen and reconsider that portion of the decision.12 On May 4, 2016, t he Commission issued CLI 07, in which it revers ed the Board's decision on Contention NYS

-12 , direct ed the Staff to perform additional sensitivity analyses due to uncertainties in the CDNFRM and TIMDEC input value s, and deni ed New York's other petition for revi ew.13 The Staff has issue d requests for additional information ("RAIs") to Entergy regarding the required sensitivity analys e s ,14 and may present its evaluation of th e sensitivity analys e s in a further FSEIS supplement. The Staff will provide additional information to the Board regarding this matter when available.

5. Other Matters. The Staff is not currently aware of any other matter that has the potential to impact the schedule for hearings in this proceeding.

In accordance with the Board's direction (Order, at 2), the Staff will notify the Board as soon as any other event with potential to alter the hearing schedule arises. Respectfully submitted, /Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop

- O-15D21 Washington, DC 20555 Telephone: (301) 287-91 94 E-mail: Sherwin.Turk@nrc.gov

Dated at Rockville, Maryland this 1 st day of Novem ber 201 6 12 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), "Order (Denying New York's Motion to Reopen the Record; Setting Deadline for New or Amended Contention)" (Apr. 1, 2014).

13 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), CLI

-1 6-7 , 8 3 NRC 293 (2016). 14 Letter from Michael We ntzel (NRC) to Vice President, Operations (Entergy) (Sept. 12, 2016) (ADAMS Accession No. ML16232A119

).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) ENTERGY NUCLEAR OPERATIONS, INC. )

Docket Nos. 50

-247/286-LR ) (Indian Point Nuclear Generating

) Units 2 and 3)

) CERTIFICATE OF SERVICE

Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing "NRC STAFF'S 5 7 th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S ORDER OF FEBRUARY 16, 2012," dated Novembe r 1, 201 6 , have been served upon the Electronic Information Exchange (the NRC's E

-Filing System), in the above

-captioned proceeding, this 1 st day of N ovem ber, 201 6. /Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop

- O-15D21 Washington, DC 20555 Telephone: (301) 287-91 94 E-mail: Sherwin.Turk@nrc.gov