ML15306A586

15-110215-NRC Staff'S 45th Status Report

ML15306A586
Person / Time
Site:	Indian Point
Issue date:	11/02/2015
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 28463
Download: ML15306A586 (12)

Text

November 2, 2015 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 45th 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 45th monthly status report to the Board.

Safety Issues

1. Track 2 Safety Issues. On November 6, 2014, the Staff issued Supplement 2 to the Safety Evaluation Report (SER) related to license renewal of Indian Point Units 2 and 3 (IP2/IP3). 1 Therein, the Staff addressed changes made to the license renewal application (LRA) through Amendment 14; 2 revisions to the IP2 Updated Final Safety Analysis Report 1 See (1) Letter from Sherwin E. Turk, Esq. to the Board (Nov. 7, 2014); (2) Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (Nov. 6, 2014) (ADAMS Accession No. ML14288A608); (3) Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 2, NUREG-1930, Supp. 2 (Nov. 2014) (SER Supplement 2 or SSER2) (ADAMS Accession No. ML14310A803).

2 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Amendment 14 to License Renewal Application, NL-13-131 (Sept. 26, 2013) (ADAMS Accession No. ML13269A452).

(UFSAR); 3 information provided by Entergy Nuclear Operations, Inc. (Entergy or Applicant) in response to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1; 4 and the Staffs evaluation of the IP2/IP3 Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan (AMP), which relates to Contention NYS-25. 5 On March 31, 2015, the Board granted the State of New Yorks (New York) and Riverkeeper, Inc.s motions to supplement the bases for Contentions NYS-25 and NYS-38/

RK-TC-5). 6 New York and Riverkeeper filed revised statements of position, written testimony with affidavits, and exhibits on June 9, 2015; Entergy and the Staff filed new or revised statements of position, written testimony with affidavits, and exhibits on August 10, 2015; and rebuttal testimony, exhibits and revised statements of position were filed by New York and Riverkeeper on September 9, 2015, On October 15, 2015, the Board granted New Yorks request for leave to file two additional exhibits and supplemental testimony; 7 Entergy filed responsive testimony and exhibits on October 29, 2015. Proposed Board questions, motions for leave to conduct cross-examination and cross-examination plans were filed by the parties on October 9, 2015. The Staff has informed the parties that it plans to file corrections to the NRC 3 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Indian Point Energy Center Letters to NRC, License Renewal Application, dated April 23, 2007, NL-13-130 (Sept. 26, 2013)

(ADAMS Accession No. ML13269A452).

4 Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Plant Units 2 and 3, NUREG-1930, Supp. 1 (Aug, 2011) (SER Supplement 1).

5 On April 23, 2015, the Staff briefed a Subcommittee of the Advisory Committee on Reactor Safeguards (ACRS) on SSER 2 and other developments since issuance of the SER in 2009. See ACRS Plant License Renewal Subcommittee, Meeting Agenda (Apr. 23, 2015) (ADAMS Accession No.

ML15107A233).

6 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),

Memorandum and Order (Granting Motions for Leave to File Amendments to Contentions NYS-25 and NYS-38/ RK-TC-5) (Mar. 31, 2015).

7 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying Entergys Motions; Denying NRC Staffs Motion; Granting New Yorks Motion) (Oct. 15, 2015).

Staff Testimony of Dr. Allen Hiser, Dr. Ching Ng, Mr. Gary Stevens, P.E., and Mr. On Yee, Concerning Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5 (Ex. NRC000168) and a new exhibit comprised of Section 3.0.3.2.18 of NUREG-2101, Safety Evaluation Report Related to the License Renewal of Salem Nuclear Generating Station (June 2011), other pages of which were admitted as Ex. ENT000195-00-BD01. Entergy has stated that it does not oppose the Staffs filing of these documents; the Staff is awaiting New Yorks response, and will file the documents shortly after hearing from New York.

On July 20, 2015, the Board denied New Yorks motion to withdraw the proprietary designation of five documents. 8 On September 8, 2015, New York filed a petition for interlocutory review of the Boards Order; responses were filed by Entergy, the Staff and Westinghouse on September 8, 2015. On October 20, 2015, New York filed a second motion seeking the disclosure of 10 additional Westinghouse Calculation Notes; responses in opposition to that motion were filed by Entergy and the Staff on October 29, 2015. On October 30, 2015, the Board directed the parties to file final exhibit lists by November 3, 2015, and scheduled a telephonic prehearing conference to be held on November 5, 2015, at which objections to proposed exhibits and any outstanding motions will be addressed. 9 Evidentiary hearings are scheduled to be held in Tarrytown, NY, on November 16-20, 2015. 10

2. Other Safety Issues. There has been no change in this item since the Staff filed its previous status report. The Staff is reviewing issues associated with two recent Interim Staff 8 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New York Motion to Withdraw Proprietary Designation) (July 20, 2015).

9 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Notice (Scheduling Pre-Hearing Conference Call) (Oct. 30, 2015).

10 See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Notice of Hearing) (Apr. 23, 2015); Notice (Track 2 Hearing Venue) (Oct. 1, 2015).

Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 11 The Staff has not yet determined whether these matters will be addressed in an SER Supplement; 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. As stated previously, the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3, 12 which will address new information received by the Staff since issuance of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013. The matters to be addressed in this FSEIS supplement include Entergys May 6, 2013 submittal of revised engineering project cost information for severe accident mitigation alternatives (SAMAs); Entergys February 19, 2014 submittal of new aquatic impact information; the June 2013 revision of 10 C.F.R. Part 51, Table B-1, and the Generic Environmental Impact Statement (GEIS) for license renewal; 13 the September 2014 amendment of 10 C.F.R. § 51.23(b) regarding the continued storage of spent 11 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).

12 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38 (Dec. 2010) (FSEIS) (Ex. NYS000133A-J).

13 See (1) NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437, Rev. 1) (June 2013); and (2) NUREG-1437, Volumes 1-2:

Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) (Exh.

NYS000131A-I). On December 11, 2014, the Staff transmitted RAIs to Entergy concerning GEIS Rev. 1, to which Entergy responded on March 10, 2015. See letter from Fred Dacimo (Entergy) to NRC Document Control Desk, NL-15-028 (Mar. 10, 2015) (ADAMS Accession No. ML15089A338).

nuclear fuel; 14 the U.S. Fish and Wildlife Services listing of the northern long-eared bat as an threatened species; 15 and other matters. As previously stated, 16 the Staff expects to issue the Draft FSEIS Supplement in January 2016 and the Final FSEIS Supplement in September 2016.

4. Contention NYS-35/36. There has been no change in this item since the Staff filed its previous status report. On July 14, 2011, the Board issued LBP-11-17, granting summary disposition on Contention NYS-35/36 (Implementation of Cost-Beneficial SAMAs) in favor of New York. 17 On February 18, 2015, the Commission granted the Staff and Entergys petitions for review of the Boards rulings on Contention NYS-35/36, and instructed the Staff to respond to four questions. 18 In accordance with the Commissions Order, the Staff filed its response on March 30, 2015; 19 replies were filed by Entergy and New York on May 11, 2015.

In May 2013, the Applicant submitted a letter to the Staff (NL-13-075), reporting the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives (SAMAs) that previously had been identified as potentially cost-beneficial. 20 The 14 See also, NUREG-2157, Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel, Final Report, Vols. 1-2 (Sept. 2014) (ADAMS Accession Nos. ML14196A105 and ML14196A107). Petitions seeking judicial review of the Continued Storage Rule (CSR) and related environmental impact statement have been filed. See, e.g., State of New York v. NRC, Case No. 14-1210 (D.C. Cir., Oct.. 31, 2014) (consolidating appeals) (ADAMS Accession No. ML14317A789).

15 80 Fed. Reg. 17,973 (Apr. 2, 2015).

16 Letter from Sherwin E. Turk to the Board (June 18, 2015), enclosing letter from Christopher G.

Miller, Director, Division of License Renewal, Office of Nuclear Reactor Regulation (NRC), to Vice President, Operations (Entergy), dated June 11, 2015 (ADAMS Accession No. ML15147A199).

17 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC 11, petition for review granted, CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

18 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

19 NRC Staffs Response to the Commissions Memorandum and Order of February 18, 2015 (CLI-15-3), Regarding Contention NYS-35/36 (Mar. 30, 2015).

20 See Letter from Kathryn M. Sutton, Esq., et al., to the Board (May 7, 2013), attaching Letter from Fred Dacimo (Entergy) to the NRC Document Control Desk, NL-13-075 (May 6, 2013) (ADAMS Accession No. ML13142A014).

Applicant noted, inter alia, that it was submitting the information to support resolution of certain issues identified by the Board in LBP-11-17. On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning its refined engineering project cost information; the Applicant submitted its responses on November 20, 2014. 21 As stated previously, the Staff plans to present its evaluation of the Applicants revised SAMA cost information in the upcoming draft FSEIS Supplement. 22 In accordance with the Boards Order of July 9, 2013, adjudicatory submissions based on NL 13 075 are due no later than 60 days after the Staff issues its draft FSEIS supplement or an equivalent document discussing its review of NL 13 075. . . . 23 The Staff will provide further information to the Board regarding this issue when available.

5. Contention NYS-12C (SAMAs). There has been no change in this item since the Staff filed its previous status report. On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13, 24 concerning its resolution of Contention NYS-12C; 25 on April 28, 2014, New York filed a petition for review of the Boards 21 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-14-143) (Nov. 20, 2014) (ADAMS Accession No. ML14337A042).

22 See Letter from Sherwin E. Turk, Esq., to the Board (July 15, 2014); Tr. at 4598; Indian Point Nuclear Generating Units 2 and 3; Entergy Nuclear Operations, Inc., License Renewal Application; Intent to Prepare A Second Supplement to Final Supplemental Environmental Impact Statement, 79 Fed. Reg.

52,058 (Sept. 2, 2014).

23 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 3.

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

25 State of New York Petition for Review of Atomic Safety and Licensing Board Decision LBP-13-13 With Respect to Consolidated Contention NYS-12C (Feb. 14, 2014). On March 9, 2015, the Commission issued a Memorandum and Order resolving the Staffs, Entergys and Hudson River Sloop Clearwaters petitions for review of other portions of LBP-13-13. See Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), CLI-15-6, 81 NRC 340 (Mar. 9, 2015) (reversing the Boards resolution of Contention NYS-8 (Transformers), and reversing in part, and affirming in part, its resolution of Contention CW-EC3A (Environmental Justice).

Order denying its motion to reopen and reconsider that decision. 26 On February 18, 2015, the Commission granted New Yorks petition for review and directed the parties to respond to eight related questions. 27 In accordance with the Commissions Order, initial briefs were filed by the Staff, Entergy, New York, and the State of Connecticut on March 30, 2015; reply briefs were filed by the Staff, Entergy and New York on April 29, 2015.

6. CZMA Issues. To the best of the Staffs knowledge, information and belief, the current status of CZMA-related issues is as follows.

(a) Previous Reviews. On June 12, 2013, the Board denied the Applicants and New Yorks motions seeking the entry of a declaratory order regarding Entergys claim that New York had previously conducted a review of IP2/IP3 for consistency with the New York State Coastal Management Program (CMP), such that no further review is required under the Coastal Zone Management Act (CZMA). 28 The Board left open the possibility that the motions might be re-filed after consultations between the Staff and New York pursuant to 15 C.F.R.

§ 930.51(e). The Staff has since engaged in consultations with the New York State Department of State (NYSDOS) and the Applicant. On December 6, 2013, the Staff transmitted a request for information to NYSDOS regarding prior reviews of Indian Points consistency with the New York State Coastal Management Program. 29 A series of written and oral communications 26 See (1) State of New York Petition for Review of Atomic Safety and Licensing Boards April 1, 2014 Decision Denying the States Motion to Reopen the Record and for Reconsideration of the Boards November 27, 2013 Partial Initial Decision Concerning Consolidated Contention NYS-12C (Apr. 28, 2014); (2) Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014).

27 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-2, 81 NRC 213 (Feb. 18, 2015).

28 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013).

29 See Letter from Sherwin E. Turk to the Board (Dec. 12, 2013), transmitting letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Dec. 6, 2013) (ADAMS Accession No. ML13281A065).

between the Staff and NYSDOS occurred, 30 and on May 30, 2014, NYSDOS provided its response to the Staff. 31 On July 15, 2014, Entergy submitted its views regarding the NYSDOS response, 32 to which NYSDOS replied on July 25, 2014. 33 Entergy and New York submitted additional correspondence to the Staff on November 25 and December 3, 2014, respectively. 34 The Staff will provide further information to the Board regarding this matter when available.

(b) Grandfathering. On December 11, 2014, the State of New York Supreme Court, Appellate Division, Third Judicial Department, reversed the Supreme Courts December 2013 decision, and held (in a 5-0 decision) that Indian Point Units 2 and 3 were grandfathered under New Yorks Coastal Management Program and are therefore exempt from consistency review under the CMP. 35 On June 4, 2015, the Court of Appeals granted New Yorks motion for leave to appeal; a briefing schedule has been established, culminating in New Yorks filing of a reply brief on January 18, 2016.

30 See (1) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014)

(ADAMS Accession No. ML14028A209); (2) Summary of Phone Call between [NYSDOS] and [NRC] on January 13, 2014 (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (3) Letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Consistency of the Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Application with New York State Coastal Management Program) (Mar. 4, 2014) (ADAMS Accession No. ML14024A064); and (4) Summary of Phone Call Between New York State Department of State and U.S. Nuclear Regulatory Commission on May 7, 2014, Regarding the Coastal Zone Management Act Consistency Review (May 27, 2014) (ADAMS Accession No. ML14136A005).

31 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(May 30, 2014) (ADAMS Accession No. ML14154A334).

32 See Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (July 15, 2014) (ADAMS Accession No.ML141198A229).

33 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(July 25, 2014) (ADAMS Accession No. ML14230A005).

34 See (1) Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (Nov. 25, 2014)

(ADAMS Accession No.ML14336A084); and (2).Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (Dec. 3, 2014) (ADAMS Accession Nos. ML14351A539, ML14351A541, ML14351A542, ML14351A543, ML14351A545).

35 Entergy Nuclear Operation, Inc. v. New York State Department of State, 518510, 999 N.Y.S.2d 207, 2014 N.Y. App. Div. LEXIS 8686; 2014 NY Slip Op 08702 (App. Div. 3d Dep't, Dec. 11, 2014), revg 42 Misc. 3d 896, 976 N.Y.S.2d 650 (Sup. Ct. 2013).

(c) 2012 Consistency Certification. On December 17, 2012, Entergy filed a certification with the NYSDOS, asserting that license renewal of IP2/IP3 is consistent with the New York CMP; on November 5, 2014, Entergy submitted a letter to NYSDOS, stating that it was withdrawing its consistency determination, subject to resubmittal following issuance of the Staffs Final FSEIS Supplement in March 2016. 36 In response, NYSDOS stated that the withdrawal was not effective and it offered Entergy an opportunity to request a stay of NYSDOSs decision; 37 Entergy replied to NYSDOS on December 1, 2014. 38 NYSDOS and Entergy entered into a series of agreements deferring New Yorks review of Entergys consistency certification until October 30, 2015; absent any extension (and to our knowledge, there has been none), NYSDOS indicated it will issue its consistency determination by November 6, 2015. 39

7. Aquatic Impacts. There has been no change in this item since the Staff filed its previous status report. As stated previously, on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in the Hudson River, 40 modifying the information that had been evaluated in the FSEIS and FSEIS 36 See Letter from John Sipos to the Board (Nov. 6, 2014), attaching letter from Fred Dacimo (Entergy) to NRC Document Control Desk and Linda M. Baldwin, Esq. (NYSDOS), NL 14 140 (Withdrawal of December 17, 2012 Coastal Zone Management Act Consistency Certification) (Nov. 5, 2014) (ADAMS Accession No. ML14310A346).

37 Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to Fred Dacimo (Entergy)

(Nov. 21, 2014) (ADAMS Accession No.ML14328A474).

38 Letter from Martin R. Healy, Esq. (Goodwin Proctor), to Linda Baldwin, Esq. (NYSDOS) (Dec. 1, 2014) (ADAMS Accession No.ML14335A779).

39 See Second Extension Agreement between [Entergy] and [NYSDOS] (Sept. 24, 2015) at 2-3, attached to E-mail message from Linda M. Baldwin, Esq. (NYSDOS) to Lois James (NRC) (Sept. 24, 2015) (ADAMS Accession No. ML15268A128).

40 See Letter from Fred Dacimo (Entergy), to Lois James and NRC Document Control Desk, Final Supplemental Environmental Impact Statement, NL-14-030 (Feb. 19, 2014) (ADAMS Accession No. ML14063A528).

Supplement (FSEIS Vol. 4). 41 The Staff transmitted a request for additional information to the Applicant on August 28, 2014, as amended on September 26, 2014, 42 to which Entergy responded on October 27, 2014. 43 The Staff issued further RAIs on aquatic issues on February 18, 2015, 44 to which Entergy responded on April 6, 2015. 45 The Staff will present its evaluation of this information in the upcoming draft FSEIS supplement.

8. Endangered and Threatened Species. There has been no change in this item since the Staff filed its previous status report. On April 2, 2015, the U.S. Fish and Wildlife Service published a final rule listing the northern long-eared bat as threatened throughout its range, which includes the Indian Point site. 46 On April 22, 2015, the Staff transmitted RAIs to Entergy concerning the northern long-eared bat; 47 Entergys response was received on June 8, 41 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38, Volume 4 (June 2013) (ADAMS Accession No. ML13162A616).

42 See (1) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Aug. 28, 2014) (ADAMS Accession No.

ML14225A847); and (2) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy),

Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Sept. 26, 2014) (ADAMS Accession No.

ML14261A031).

43 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application, NL-14-133 (Oct. 27, 2014) (ADAMS Accession No. ML14300A704).

44 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Feb. 18, 2015) (ADAMS Accession No. ML14329B245).

45 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application Environmental Review, NL-15-029 (Apr. 6, 2015) (ADAMS Accession No. ML15100A279).

46 80 Fed. Reg. 17,973 (Apr. 2, 2015).

47 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Apr. 22, 2015) (ADAMS Accession No. ML15104A541).

2015. 48 On July 1, 2015, the Staff issued a Biological Assessment, finding that license renewal of IP2/IP3 may affect but is not likely to adversely affect the northern long-eared bat and Indiana bat; 49 on July 14, 2015, FWS concurred in this assessment. 50

9. 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) 415-1533 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 2nd day of November 2015 48 Letter from Fed Dacimo (Entergy) to NRC Document Control Desk, NL-15-075 (June 8, 2015)

(ADAMS Accession No. ML15166A069).

49 See (1) letter from David J. Wrona (NRC) to David Stilwell (FWS) (July 1, 2015) (ADAMS Accession No. ML15161A066); and (2) Biological Assessment on the Northern Long-Eared Bat (Myotis septentrionalis) and Indiana Bat (Myotis sodalis) / Indian Point Nuclear Generating Units 2 and 3 Proposed License Renewal (July 2015) (ADAMS Accession No. ML15161A086).

50 Letter from David A. Stilwell (FWS) to David J. Wrona (NRC) (July 14, 2015) (ADAMS Accession No. ML15196A013).

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 45th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated November 2, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 2nd day of November 2015.

/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) 415-1533 E-mail: Sherwin.Turk@nrc.gov

November 2, 2015 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 45th 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 45th monthly status report to the Board.

Safety Issues

1. Track 2 Safety Issues. On November 6, 2014, the Staff issued Supplement 2 to the Safety Evaluation Report (SER) related to license renewal of Indian Point Units 2 and 3 (IP2/IP3). 1 Therein, the Staff addressed changes made to the license renewal application (LRA) through Amendment 14; 2 revisions to the IP2 Updated Final Safety Analysis Report 1 See (1) Letter from Sherwin E. Turk, Esq. to the Board (Nov. 7, 2014); (2) Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (Nov. 6, 2014) (ADAMS Accession No. ML14288A608); (3) Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 2, NUREG-1930, Supp. 2 (Nov. 2014) (SER Supplement 2 or SSER2) (ADAMS Accession No. ML14310A803).

2 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Amendment 14 to License Renewal Application, NL-13-131 (Sept. 26, 2013) (ADAMS Accession No. ML13269A452).

(UFSAR); 3 information provided by Entergy Nuclear Operations, Inc. (Entergy or Applicant) in response to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1; 4 and the Staffs evaluation of the IP2/IP3 Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan (AMP), which relates to Contention NYS-25. 5 On March 31, 2015, the Board granted the State of New Yorks (New York) and Riverkeeper, Inc.s motions to supplement the bases for Contentions NYS-25 and NYS-38/

RK-TC-5). 6 New York and Riverkeeper filed revised statements of position, written testimony with affidavits, and exhibits on June 9, 2015; Entergy and the Staff filed new or revised statements of position, written testimony with affidavits, and exhibits on August 10, 2015; and rebuttal testimony, exhibits and revised statements of position were filed by New York and Riverkeeper on September 9, 2015, On October 15, 2015, the Board granted New Yorks request for leave to file two additional exhibits and supplemental testimony; 7 Entergy filed responsive testimony and exhibits on October 29, 2015. Proposed Board questions, motions for leave to conduct cross-examination and cross-examination plans were filed by the parties on October 9, 2015. The Staff has informed the parties that it plans to file corrections to the NRC 3 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Indian Point Energy Center Letters to NRC, License Renewal Application, dated April 23, 2007, NL-13-130 (Sept. 26, 2013)

(ADAMS Accession No. ML13269A452).

4 Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Plant Units 2 and 3, NUREG-1930, Supp. 1 (Aug, 2011) (SER Supplement 1).

5 On April 23, 2015, the Staff briefed a Subcommittee of the Advisory Committee on Reactor Safeguards (ACRS) on SSER 2 and other developments since issuance of the SER in 2009. See ACRS Plant License Renewal Subcommittee, Meeting Agenda (Apr. 23, 2015) (ADAMS Accession No.

ML15107A233).

6 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),

Memorandum and Order (Granting Motions for Leave to File Amendments to Contentions NYS-25 and NYS-38/ RK-TC-5) (Mar. 31, 2015).

7 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying Entergys Motions; Denying NRC Staffs Motion; Granting New Yorks Motion) (Oct. 15, 2015).

Staff Testimony of Dr. Allen Hiser, Dr. Ching Ng, Mr. Gary Stevens, P.E., and Mr. On Yee, Concerning Contentions NYS-26B/RK-TC-1B and NYS-38/RK-TC-5 (Ex. NRC000168) and a new exhibit comprised of Section 3.0.3.2.18 of NUREG-2101, Safety Evaluation Report Related to the License Renewal of Salem Nuclear Generating Station (June 2011), other pages of which were admitted as Ex. ENT000195-00-BD01. Entergy has stated that it does not oppose the Staffs filing of these documents; the Staff is awaiting New Yorks response, and will file the documents shortly after hearing from New York.

On July 20, 2015, the Board denied New Yorks motion to withdraw the proprietary designation of five documents. 8 On September 8, 2015, New York filed a petition for interlocutory review of the Boards Order; responses were filed by Entergy, the Staff and Westinghouse on September 8, 2015. On October 20, 2015, New York filed a second motion seeking the disclosure of 10 additional Westinghouse Calculation Notes; responses in opposition to that motion were filed by Entergy and the Staff on October 29, 2015. On October 30, 2015, the Board directed the parties to file final exhibit lists by November 3, 2015, and scheduled a telephonic prehearing conference to be held on November 5, 2015, at which objections to proposed exhibits and any outstanding motions will be addressed. 9 Evidentiary hearings are scheduled to be held in Tarrytown, NY, on November 16-20, 2015. 10

2. Other Safety Issues. There has been no change in this item since the Staff filed its previous status report. The Staff is reviewing issues associated with two recent Interim Staff 8 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Denying New York Motion to Withdraw Proprietary Designation) (July 20, 2015).

9 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Notice (Scheduling Pre-Hearing Conference Call) (Oct. 30, 2015).

10 See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Notice of Hearing) (Apr. 23, 2015); Notice (Track 2 Hearing Venue) (Oct. 1, 2015).

Guidance (ISG) documents (LR-ISG-2012-02 and LR-ISG-2013-01). 11 The Staff has not yet determined whether these matters will be addressed in an SER Supplement; 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. As stated previously, the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3, 12 which will address new information received by the Staff since issuance of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013. The matters to be addressed in this FSEIS supplement include Entergys May 6, 2013 submittal of revised engineering project cost information for severe accident mitigation alternatives (SAMAs); Entergys February 19, 2014 submittal of new aquatic impact information; the June 2013 revision of 10 C.F.R. Part 51, Table B-1, and the Generic Environmental Impact Statement (GEIS) for license renewal; 13 the September 2014 amendment of 10 C.F.R. § 51.23(b) regarding the continued storage of spent 11 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).

12 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38 (Dec. 2010) (FSEIS) (Ex. NYS000133A-J).

13 See (1) NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437, Rev. 1) (June 2013); and (2) NUREG-1437, Volumes 1-2:

Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) (Exh.

NYS000131A-I). On December 11, 2014, the Staff transmitted RAIs to Entergy concerning GEIS Rev. 1, to which Entergy responded on March 10, 2015. See letter from Fred Dacimo (Entergy) to NRC Document Control Desk, NL-15-028 (Mar. 10, 2015) (ADAMS Accession No. ML15089A338).

nuclear fuel; 14 the U.S. Fish and Wildlife Services listing of the northern long-eared bat as an threatened species; 15 and other matters. As previously stated, 16 the Staff expects to issue the Draft FSEIS Supplement in January 2016 and the Final FSEIS Supplement in September 2016.

4. Contention NYS-35/36. There has been no change in this item since the Staff filed its previous status report. On July 14, 2011, the Board issued LBP-11-17, granting summary disposition on Contention NYS-35/36 (Implementation of Cost-Beneficial SAMAs) in favor of New York. 17 On February 18, 2015, the Commission granted the Staff and Entergys petitions for review of the Boards rulings on Contention NYS-35/36, and instructed the Staff to respond to four questions. 18 In accordance with the Commissions Order, the Staff filed its response on March 30, 2015; 19 replies were filed by Entergy and New York on May 11, 2015.

In May 2013, the Applicant submitted a letter to the Staff (NL-13-075), reporting the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives (SAMAs) that previously had been identified as potentially cost-beneficial. 20 The 14 See also, NUREG-2157, Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel, Final Report, Vols. 1-2 (Sept. 2014) (ADAMS Accession Nos. ML14196A105 and ML14196A107). Petitions seeking judicial review of the Continued Storage Rule (CSR) and related environmental impact statement have been filed. See, e.g., State of New York v. NRC, Case No. 14-1210 (D.C. Cir., Oct.. 31, 2014) (consolidating appeals) (ADAMS Accession No. ML14317A789).

15 80 Fed. Reg. 17,973 (Apr. 2, 2015).

16 Letter from Sherwin E. Turk to the Board (June 18, 2015), enclosing letter from Christopher G.

Miller, Director, Division of License Renewal, Office of Nuclear Reactor Regulation (NRC), to Vice President, Operations (Entergy), dated June 11, 2015 (ADAMS Accession No. ML15147A199).

17 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC 11, petition for review granted, CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

18 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-3, 81 NRC 217 (Feb. 18, 2015).

19 NRC Staffs Response to the Commissions Memorandum and Order of February 18, 2015 (CLI-15-3), Regarding Contention NYS-35/36 (Mar. 30, 2015).

20 See Letter from Kathryn M. Sutton, Esq., et al., to the Board (May 7, 2013), attaching Letter from Fred Dacimo (Entergy) to the NRC Document Control Desk, NL-13-075 (May 6, 2013) (ADAMS Accession No. ML13142A014).

Applicant noted, inter alia, that it was submitting the information to support resolution of certain issues identified by the Board in LBP-11-17. On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning its refined engineering project cost information; the Applicant submitted its responses on November 20, 2014. 21 As stated previously, the Staff plans to present its evaluation of the Applicants revised SAMA cost information in the upcoming draft FSEIS Supplement. 22 In accordance with the Boards Order of July 9, 2013, adjudicatory submissions based on NL 13 075 are due no later than 60 days after the Staff issues its draft FSEIS supplement or an equivalent document discussing its review of NL 13 075. . . . 23 The Staff will provide further information to the Board regarding this issue when available.

5. Contention NYS-12C (SAMAs). There has been no change in this item since the Staff filed its previous status report. On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13, 24 concerning its resolution of Contention NYS-12C; 25 on April 28, 2014, New York filed a petition for review of the Boards 21 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-14-143) (Nov. 20, 2014) (ADAMS Accession No. ML14337A042).

22 See Letter from Sherwin E. Turk, Esq., to the Board (July 15, 2014); Tr. at 4598; Indian Point Nuclear Generating Units 2 and 3; Entergy Nuclear Operations, Inc., License Renewal Application; Intent to Prepare A Second Supplement to Final Supplemental Environmental Impact Statement, 79 Fed. Reg.

52,058 (Sept. 2, 2014).

23 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 3.

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

25 State of New York Petition for Review of Atomic Safety and Licensing Board Decision LBP-13-13 With Respect to Consolidated Contention NYS-12C (Feb. 14, 2014). On March 9, 2015, the Commission issued a Memorandum and Order resolving the Staffs, Entergys and Hudson River Sloop Clearwaters petitions for review of other portions of LBP-13-13. See Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), CLI-15-6, 81 NRC 340 (Mar. 9, 2015) (reversing the Boards resolution of Contention NYS-8 (Transformers), and reversing in part, and affirming in part, its resolution of Contention CW-EC3A (Environmental Justice).

Order denying its motion to reopen and reconsider that decision. 26 On February 18, 2015, the Commission granted New Yorks petition for review and directed the parties to respond to eight related questions. 27 In accordance with the Commissions Order, initial briefs were filed by the Staff, Entergy, New York, and the State of Connecticut on March 30, 2015; reply briefs were filed by the Staff, Entergy and New York on April 29, 2015.

6. CZMA Issues. To the best of the Staffs knowledge, information and belief, the current status of CZMA-related issues is as follows.

(a) Previous Reviews. On June 12, 2013, the Board denied the Applicants and New Yorks motions seeking the entry of a declaratory order regarding Entergys claim that New York had previously conducted a review of IP2/IP3 for consistency with the New York State Coastal Management Program (CMP), such that no further review is required under the Coastal Zone Management Act (CZMA). 28 The Board left open the possibility that the motions might be re-filed after consultations between the Staff and New York pursuant to 15 C.F.R.

§ 930.51(e). The Staff has since engaged in consultations with the New York State Department of State (NYSDOS) and the Applicant. On December 6, 2013, the Staff transmitted a request for information to NYSDOS regarding prior reviews of Indian Points consistency with the New York State Coastal Management Program. 29 A series of written and oral communications 26 See (1) State of New York Petition for Review of Atomic Safety and Licensing Boards April 1, 2014 Decision Denying the States Motion to Reopen the Record and for Reconsideration of the Boards November 27, 2013 Partial Initial Decision Concerning Consolidated Contention NYS-12C (Apr. 28, 2014); (2) Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014).

27 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-2, 81 NRC 213 (Feb. 18, 2015).

28 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013).

29 See Letter from Sherwin E. Turk to the Board (Dec. 12, 2013), transmitting letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Dec. 6, 2013) (ADAMS Accession No. ML13281A065).

between the Staff and NYSDOS occurred, 30 and on May 30, 2014, NYSDOS provided its response to the Staff. 31 On July 15, 2014, Entergy submitted its views regarding the NYSDOS response, 32 to which NYSDOS replied on July 25, 2014. 33 Entergy and New York submitted additional correspondence to the Staff on November 25 and December 3, 2014, respectively. 34 The Staff will provide further information to the Board regarding this matter when available.

(b) Grandfathering. On December 11, 2014, the State of New York Supreme Court, Appellate Division, Third Judicial Department, reversed the Supreme Courts December 2013 decision, and held (in a 5-0 decision) that Indian Point Units 2 and 3 were grandfathered under New Yorks Coastal Management Program and are therefore exempt from consistency review under the CMP. 35 On June 4, 2015, the Court of Appeals granted New Yorks motion for leave to appeal; a briefing schedule has been established, culminating in New Yorks filing of a reply brief on January 18, 2016.

30 See (1) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014)

(ADAMS Accession No. ML14028A209); (2) Summary of Phone Call between [NYSDOS] and [NRC] on January 13, 2014 (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (3) Letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Consistency of the Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Application with New York State Coastal Management Program) (Mar. 4, 2014) (ADAMS Accession No. ML14024A064); and (4) Summary of Phone Call Between New York State Department of State and U.S. Nuclear Regulatory Commission on May 7, 2014, Regarding the Coastal Zone Management Act Consistency Review (May 27, 2014) (ADAMS Accession No. ML14136A005).

31 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(May 30, 2014) (ADAMS Accession No. ML14154A334).

32 See Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (July 15, 2014) (ADAMS Accession No.ML141198A229).

33 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(July 25, 2014) (ADAMS Accession No. ML14230A005).

34 See (1) Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (Nov. 25, 2014)

(ADAMS Accession No.ML14336A084); and (2).Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (Dec. 3, 2014) (ADAMS Accession Nos. ML14351A539, ML14351A541, ML14351A542, ML14351A543, ML14351A545).

35 Entergy Nuclear Operation, Inc. v. New York State Department of State, 518510, 999 N.Y.S.2d 207, 2014 N.Y. App. Div. LEXIS 8686; 2014 NY Slip Op 08702 (App. Div. 3d Dep't, Dec. 11, 2014), revg 42 Misc. 3d 896, 976 N.Y.S.2d 650 (Sup. Ct. 2013).

(c) 2012 Consistency Certification. On December 17, 2012, Entergy filed a certification with the NYSDOS, asserting that license renewal of IP2/IP3 is consistent with the New York CMP; on November 5, 2014, Entergy submitted a letter to NYSDOS, stating that it was withdrawing its consistency determination, subject to resubmittal following issuance of the Staffs Final FSEIS Supplement in March 2016. 36 In response, NYSDOS stated that the withdrawal was not effective and it offered Entergy an opportunity to request a stay of NYSDOSs decision; 37 Entergy replied to NYSDOS on December 1, 2014. 38 NYSDOS and Entergy entered into a series of agreements deferring New Yorks review of Entergys consistency certification until October 30, 2015; absent any extension (and to our knowledge, there has been none), NYSDOS indicated it will issue its consistency determination by November 6, 2015. 39

7. Aquatic Impacts. There has been no change in this item since the Staff filed its previous status report. As stated previously, on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in the Hudson River, 40 modifying the information that had been evaluated in the FSEIS and FSEIS 36 See Letter from John Sipos to the Board (Nov. 6, 2014), attaching letter from Fred Dacimo (Entergy) to NRC Document Control Desk and Linda M. Baldwin, Esq. (NYSDOS), NL 14 140 (Withdrawal of December 17, 2012 Coastal Zone Management Act Consistency Certification) (Nov. 5, 2014) (ADAMS Accession No. ML14310A346).

37 Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to Fred Dacimo (Entergy)

(Nov. 21, 2014) (ADAMS Accession No.ML14328A474).

38 Letter from Martin R. Healy, Esq. (Goodwin Proctor), to Linda Baldwin, Esq. (NYSDOS) (Dec. 1, 2014) (ADAMS Accession No.ML14335A779).

39 See Second Extension Agreement between [Entergy] and [NYSDOS] (Sept. 24, 2015) at 2-3, attached to E-mail message from Linda M. Baldwin, Esq. (NYSDOS) to Lois James (NRC) (Sept. 24, 2015) (ADAMS Accession No. ML15268A128).

40 See Letter from Fred Dacimo (Entergy), to Lois James and NRC Document Control Desk, Final Supplemental Environmental Impact Statement, NL-14-030 (Feb. 19, 2014) (ADAMS Accession No. ML14063A528).

Supplement (FSEIS Vol. 4). 41 The Staff transmitted a request for additional information to the Applicant on August 28, 2014, as amended on September 26, 2014, 42 to which Entergy responded on October 27, 2014. 43 The Staff issued further RAIs on aquatic issues on February 18, 2015, 44 to which Entergy responded on April 6, 2015. 45 The Staff will present its evaluation of this information in the upcoming draft FSEIS supplement.

8. Endangered and Threatened Species. There has been no change in this item since the Staff filed its previous status report. On April 2, 2015, the U.S. Fish and Wildlife Service published a final rule listing the northern long-eared bat as threatened throughout its range, which includes the Indian Point site. 46 On April 22, 2015, the Staff transmitted RAIs to Entergy concerning the northern long-eared bat; 47 Entergys response was received on June 8, 41 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38, Volume 4 (June 2013) (ADAMS Accession No. ML13162A616).

42 See (1) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Aug. 28, 2014) (ADAMS Accession No.

ML14225A847); and (2) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy),

Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Sept. 26, 2014) (ADAMS Accession No.

ML14261A031).

43 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application, NL-14-133 (Oct. 27, 2014) (ADAMS Accession No. ML14300A704).

44 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Feb. 18, 2015) (ADAMS Accession No. ML14329B245).

45 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application Environmental Review, NL-15-029 (Apr. 6, 2015) (ADAMS Accession No. ML15100A279).

46 80 Fed. Reg. 17,973 (Apr. 2, 2015).

47 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Apr. 22, 2015) (ADAMS Accession No. ML15104A541).

2015. 48 On July 1, 2015, the Staff issued a Biological Assessment, finding that license renewal of IP2/IP3 may affect but is not likely to adversely affect the northern long-eared bat and Indiana bat; 49 on July 14, 2015, FWS concurred in this assessment. 50

9. 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) 415-1533 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 2nd day of November 2015 48 Letter from Fed Dacimo (Entergy) to NRC Document Control Desk, NL-15-075 (June 8, 2015)

(ADAMS Accession No. ML15166A069).

49 See (1) letter from David J. Wrona (NRC) to David Stilwell (FWS) (July 1, 2015) (ADAMS Accession No. ML15161A066); and (2) Biological Assessment on the Northern Long-Eared Bat (Myotis septentrionalis) and Indiana Bat (Myotis sodalis) / Indian Point Nuclear Generating Units 2 and 3 Proposed License Renewal (July 2015) (ADAMS Accession No. ML15161A086).

50 Letter from David A. Stilwell (FWS) to David J. Wrona (NRC) (July 14, 2015) (ADAMS Accession No. ML15196A013).

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 45th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated November 2, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 2nd day of November 2015.

/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) 415-1533 E-mail: Sherwin.Turk@nrc.gov