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| issue date = 09/01/2016
| issue date = 09/01/2016
| title = NRC Staff 55th Status Report in Response to the Atomic Safety and Licensing Board Order of February 16 2012
| title = NRC Staff 55th Status Report in Response to the Atomic Safety and Licensing Board Order of February 16 2012
| author name = Turk S E
| author name = Turk S
| author affiliation = NRC/OGC
| author affiliation = NRC/OGC
| addressee name =  
| addressee name =  
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=Text=
=Text=
{{#Wiki_filter:September 1, 201 6            UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
{{#Wiki_filter:September 1, 2016 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
ENTERGY NUCLEAR OPERATIONS, INC.                         )     Docket Nos. 50-247-LR/286-LR
-247-LR/286-LR       ) (Indian Point Nuclear Generating  
                                                          )
  )  Units 2 and 3)
(Indian Point Nuclear Generating                         )
    )  NRC STAFF'S 5 5 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)
Units 2 and 3)                                    )
" ("Order"), issued on February 16, 2012, the N RC Staff ("Staff") herewith provides its 5 5 th monthly status report to the Board
NRC STAFFS 55th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Boards (Board) Order (Granting NRC Staffs Unopposed Time Extension Motion and Directing Filing of Status Updates)
.          Safety Issues
(Order), issued on February 16, 2012, the NRC Staff (Staff) herewith provides its 55th monthly status report to the Board.
: 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
Safety Issues
.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.       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 Yorks 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).


1 "State of New York Motion for Leave to File Six Documents as Additional Exhibits" (Feb.
reliability of the proposed exhibits; 2 the 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 its supplemental testimony on March 4, 2016; Entergy and the Staff filed responsive testimony on March 18, 2016. As required by the Boards Orders of July 13 and August 3, 2016, (a) New York is to file its reply testimony regarding the 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
5, 2016). reliability of the proposed exhibits
: 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 is reviewing issues associated with two recent Interim Staff Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 5 In addition, a further ISG (LR ISG-2015-01) has been issued, 6 and an additional draft ISG (LR 2 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Requesting Expert Testimony on New Yorks Proposed Exhibits and Suspending Deadline for Filing Proposed Findings of Fact and Law) (Feb. 19, 2016), at 2.
;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
3 Id. at 3.
: 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 the documents
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.
, and the Intervenors are to file their supplemental testimony on baffle
5 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).
-former bolt issues
6 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.'"
, 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  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 is reviewing issues associated with two recent Interim Staff Guidance ("ISG") documents (LR-ISG-2012-02 and LR-ISG-201 3-01).5 In addition, a further ISG (LR ISG
-2015-01) has been issue d, 6 and an additional draft ISG (LR  


2 Entergy Nuclear Operations, Inc.
ISG-2016-01) has been issued for public comment. 7 The Staff has not yet determined whether these matters will be addressed in an SER Supplement for IP2 and IP3. The Staff will provide further information to the Board regarding these issues when available.
(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 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).
6 See Notice of Issuance, Interim Staff Guidanc e; 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
.'"    ISG-2016-01) has been issued for public commen t.7 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
Environmental Issues
: 3. FSEIS Supplement. 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
: 3.       FSEIS Supplement. There has been no change in this item since the Staff filed its previous status report. On December 22, 2015, the Staff issued its draft second supplement (Volume 5) to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3. 8 Numerous public comments were submitted regarding the draft FSEIS supplement. The Staff expects to issue Final Supplement 2 (Volume 5) to the FSEIS in January 2017. 9
("FSEIS") for license renewal of IP2 and IP3
: 4.       Contention NYS-12C (SAMAs). On February 14, 2014, New York filed a petition for review of the Boards Partial Initial Decision (LBP-13-13) concerning Contention NYS-12C, 10 and on April 28, 2014, New York filed a petition for review of the Boards Order denying its motion to reopen and reconsider that portion of the decision. 11 On May 4, 2016, the Commission issued CLI-16-07, in which it reversed the Boards decision on Contention NYS-12, 7 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.
.8 Numerous public comments were submitted regarding the draft FSEIS supplement
36,612 (June 7, 2016).
. T he Staff expec t s to issue Final Supplement 2 (Volume 5) to the FSEIS in January 2017.9 4. Contention NYS
8 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.
-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
9 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).
-12C ,10 and on April 28, 2014, New York filed a petition for review of the Board's Order denying its motion to reopen and reconsider that portion of the decision.11 On May 4, 2016, t he Commission issued CLI 07, in which it revers ed the Board's decision on Contention NYS
10 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-13-13, 78 NRC 246 (Nov. 27, 2013).
-12 ,
11 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention)
7 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).
8 "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. 9 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). 10 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP 13, 78 NRC 246 (Nov. 27, 2013).
11 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).
(Apr. 1, 2014).
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.12  The Staff plans to issue requests for additional information ("RAIs") to Entergy regarding the required sensitivity analys e s ,13 and may present its evaluation of the 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) 287-9194        E-mail: Sherwin.Turk@nrc.gov


Dated at Rockville, Maryland this 1 st day of September 201 6 12 Entergy Nuclear Operations, Inc.
directed the Staff to perform additional sensitivity analyses due to uncertainties in the CDNFRM and TIMDEC input values, and denied New Yorks other petition for review. 12 The Staff plans to issue requests for additional information (RAIs) to Entergy regarding the required sensitivity analyses, 13 and may present its evaluation of the sensitivity analyses in a further FSEIS supplement. The Staff will provide additional information to the Board regarding this matter when available.
(Indian Point Nuclear Generating Units 2 and 3), CLI
: 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 Boards direction (Order, at 2), the Staff will notify the Board as soon as any other event with potential to alter the hearing schedule arises.
-1 6-7 , 8 3 NRC ___ (May 4 , 2016) (slip op.)
Respectfully submitted,
. 13 The Staff transmitted the draft RAIs to Entergy in an E-mail message from Michael Wetzel (NRC) to Richard Louie (Entergy) on August 24, 2016. The document should become available in the NRC's Agencywide Documents Access and Management System ("ADAMS"), shortly.
                                                            /Signed (electronically) by/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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) 287-9194 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 1st day of September 2016 12 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-16-7, 83 NRC ___ (May 4, 2016) (slip op.).
    )      ) ENTERGY NUCLEAR OPERATIONS, INC. )
13 The Staff transmitted the draft RAIs to Entergy in an E-mail message from Michael Wetzel (NRC) to Richard Louie (Entergy) on August 24, 2016. The document should become available in the NRCs Agencywide Documents Access and Management System (ADAMS), shortly.
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 5 th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S ORDER OF FEBRUARY 16, 2012," dated September 1, 201 6 , have been served upon the Electronic Information Exchange (the NRC's E
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of                            )
-Filing System), in the above
                                            )
-captioned proceeding, this 1 st day of September, 201 6.           /Signed (electronically) by/
ENTERGY NUCLEAR OPERATIONS, INC. )                Docket Nos. 50-247/286-LR
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) 287-9194       E-mail: Sherwin.Turk@nrc.gov}}
(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 STAFFS 55th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated September 1, 2016, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 1st day of September, 2016.
                                                  /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) 287-9194 E-mail: Sherwin.Turk@nrc.gov}}

Latest revision as of 15:34, 30 October 2019

NRC Staff 55th Status Report in Response to the Atomic Safety and Licensing Board Order of February 16 2012
ML16245A930
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 09/01/2016
From: Sherwin Turk
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-248-LR, ASLBP 07-858-03-LR-BD01, RAS 51288
Download: ML16245A930 (5)
v • d • e


Text

September 1, 2016 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-LR/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFFS 55th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Boards (Board) Order (Granting NRC Staffs Unopposed Time Extension Motion and Directing Filing of Status Updates)

(Order), issued on February 16, 2012, the NRC Staff (Staff) herewith provides its 55th 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 Yorks 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 the 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 its supplemental testimony on March 4, 2016; Entergy and the Staff filed responsive testimony on March 18, 2016. As required by the Boards Orders of July 13 and August 3, 2016, (a) New York is to file its reply testimony regarding the 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

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 is reviewing issues associated with two recent Interim Staff Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 5 In addition, a further ISG (LR ISG-2015-01) has been issued, 6 and an additional draft ISG (LR 2 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Requesting Expert Testimony on New Yorks 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 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).

6 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.'"

ISG-2016-01) has been issued for public comment. 7 The Staff has not yet determined whether these matters will be addressed in an SER Supplement for IP2 and IP3. The Staff will provide further information to the Board regarding these issues when available.

Environmental Issues

3. FSEIS Supplement. There has been no change in this item since the Staff filed its previous status report. On December 22, 2015, the Staff issued its draft second supplement (Volume 5) to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3. 8 Numerous public comments were submitted regarding the draft FSEIS supplement. The Staff expects to issue Final Supplement 2 (Volume 5) to the FSEIS in January 2017. 9
4. Contention NYS-12C (SAMAs). On February 14, 2014, New York filed a petition for review of the Boards Partial Initial Decision (LBP-13-13) concerning Contention NYS-12C, 10 and on April 28, 2014, New York filed a petition for review of the Boards Order denying its motion to reopen and reconsider that portion of the decision. 11 On May 4, 2016, the Commission issued CLI-16-07, in which it reversed the Boards decision on Contention NYS-12, 7 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).

8 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.

9 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).

10 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-13-13, 78 NRC 246 (Nov. 27, 2013).

11 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention)

(Apr. 1, 2014).

directed the Staff to perform additional sensitivity analyses due to uncertainties in the CDNFRM and TIMDEC input values, and denied New Yorks other petition for review. 12 The Staff plans to issue requests for additional information (RAIs) to Entergy regarding the required sensitivity analyses, 13 and may present its evaluation of the sensitivity analyses 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 Boards 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) 287-9194 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 1st day of September 2016 12 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-16-7, 83 NRC ___ (May 4, 2016) (slip op.).

13 The Staff transmitted the draft RAIs to Entergy in an E-mail message from Michael Wetzel (NRC) to Richard Louie (Entergy) on August 24, 2016. The document should become available in the NRCs Agencywide Documents Access and Management System (ADAMS), shortly.

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 STAFFS 55th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated September 1, 2016, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 1st day of September, 2016.

/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) 287-9194 E-mail: Sherwin.Turk@nrc.gov

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