ML091410465

Lettter of the Secretary to Peter D. Wolf, in Response to His March 17 Letter to the Commission and His March 27 e-mail to President Obama

ML091410465
Person / Time
Site:	Oconee, Indian Point
Issue date:	05/19/2009
From:	Annette Vietti-Cook NRC/SECY
To:
SECY RAS
References
Indian Point 2 - 05000247, RAS E-254
Download: ML091410465 (10)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DOCKETED May 19, 2009 USNRC May 21 2009 (10:00am)

SECRETARY OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Mr. Peter D. Wolf 25 Main Street - Suite B SERVED May 21, 2009 Hastings-on-Hudson, NY 10706

Dear Mr. Wolf:

I am responding to your letter of March 17, 2009, sent to the Commission. Additionally, bye mail dated March 27,2009, you sent to the Commission a copy of an e-mail to President Obama and attached a copy of your March 17, 2009 letter. Your correspondence expressed concerns about factors that you recommended for consideration during review of the license renewal application for Indian Point Nuclear Generating Units 2 and 3.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards, such as the Indian Point license renewal proceeding. Because of that role, I trust that you will understand that the Commissioners must remain impartial while this case is pending. At this time, therefore, the Commission cannot discuss or comment on issues involved in the licensing renewal proceeding. However, I am referring your correspondence to the Office of Nuclear Reactor Regulation, which is responsible for reviewing the Indian Point license renewal application.

Copies of your correspondence and this response will be served on the participants in the Indian Point proceeding.

Sincerely, tld~-~

Annette L. Vietti-Cook cc: Indian Point Service List

25 Main Street - Suite B Hastings-on-Hudson, NY 10706 March 17,2009 VIA OVERNIGHT COURIER and E-MAIL Nuclear Regulatory Commission 11545 Rockville Pike - Room T-6D559 Rockville, MD 20852 Attn: Chairman Dale E. Klein re: Environmental Impact Statement: License Renewal Application: DPR-26 & DPR-64 Indian Point Nuclear Generating Units 2 and 3 - Buchanan, NY (owned by Entergy)

Dear Mr. Klein:

These comments are in response to the Environmental Impact Statement (EIS) prepared as pari of the re-licensing process regarding the application by Entergy for a 20 year extension to continue operating Indian Point Units 2 & 3.

It appears that the full import of some critical environmental factors is not properly considered in the EIS, and should be a vital part of the NRC's review process; the factors of particular concern include, but are not limited to:

• Close proximity to a densely populated area (24 miles north ofNew York City),

• Location on a fault line, which has shown recent earthquake activity,

• Potentially Attractive Target to Terrorists,

• Manner in which Nuclear Waste is stored above ground,

• Continued Operation continuing to kill aquatic species in the Hudson River,

• History of Leaks & Shutdowns about 5 times higher than the national average,

• Unknown risks attendant with additional 20 years operation for this Facility,

• No credible study of the effects of different types of 'accidents' at Indian Point on surrounding areas, especially considering the history of other nuclear accidents If the NRC ignores does not properly consider the above environmental factors, then it would seem that it cannot fulfill its self-stated vision of "Excellence in regulating the safe and secure management of radioactive materials for the public good."

I strongly urge the NRC fully consider the environmental factors, which were and which should have been discussed in the EIS, in determining whether to re-license the two Indian Point units.

.Sincerely Yours,

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l.,///i{ /"iif ,:-/"P71.E.:f/-

Peter D. Wolf

Sheila McKelvin From: Peter D. Wolf [seawolf@cloud9.net]

Sent: Friday, March 27, 200912:45 AM To: NRCExecSec Resource

Subject:

e-mail to President Obama Attachments: pipobam alttOO. doc Please find attached an e-mail sent to President Obama - please distribute copies of the e-mail to the following .

persons:

• Chairman Dale E. Klein

• Commissioner Kristine L. Svinicki

• Commissioner Gregory B. Jaczko

• Commissioner Peter B. Lyons

• Branch Chief David J. Wrona

• Env. Proj. Eng. Andrew Stuyvenberg

• Regional Commissioner far New Yark Many Thanks, Peter D. Wolf 1

Q:WHATS WORSE THAN THE CURRENT FINANCIAL MELTDOWN?

A: A NUCLEAR MELTDOWN!

SOLUTION: CHANGE THE LAWS, RULES AND REGULATIONS REGARDING LICENSING, AND ESPECIALLY RELICENSING, OF NUCLEAR POWER PLANTS re: Application for Re-Licensing Indian Point Nuclear Generating Plant at Buchanan, NY Just as one could not envision the results of the current financial meltdown, it is almost inconceivable to contemplate the consequences of a serious nuclear incident at Indian Point to the New York metropolitan area, the region, and indeed the country.

Entergy owns the two nuclear generating plants at Indian Point which are nearing the end of their 40 year license, and they have applied to operate these units for another 20 years.

There is a long history of leaks and shutdowns at the Indian Point plants; the safety record of these two plants is abysmal. On December 3, 2007, the New York State Attorney General, with the current Governor as well as Senators, and Representatives by his side, publicly stated opposition to the re-licensing of Indian Point (the first time a state opposed re-licensing a nuclear facility), yet the application has not been withdrawn.

I have followed Indian Point since 9/11, as it was deemed to be a prime terrorist target; in the ensuing months after 9/11, 41 governmental bodies expressed serious concern or opposition to the continued operation of Indian Point, mainly because it is in a heavily populated area (24 miles north of NYC), with no viable escape plan for many people.

In addition to reading, I have attended public information sessions hosted by the NRC, as well as a recent symposium on the re-licensing of 40 year old power plants at Pace Law School. I have government experience regarding accidents and readiness response, and industry knowledge concerning hazardous materials. While I am not opposed to nuclear power in principle, I do have grave concerns about Indian Point, and seriously question whether the facility should be permitted to continue to operate. My concerns include:

• Close proximity to a high density population center,

• Location on a fault line which has shown recent earthquake activity,

• Potential Target for Terrorists,

• Manner in which Above-Ground Nuclear Waste is stored,

• Continued operation continuing to kill fish in the Hudson River

• No history of a similar facility to evaluate the prospects of 20 more years of operation on a decaying plant structure.

Earlier this month, in commenting about another leak, the NY Times reported that an Entergy spokesman said: "It's eight feet underground, so there's no way of knowing when you have to replace it" (not exactly a reassuring statement from an applicant requesting a 20 year license extension), while an NRC spokeswoman commented that this leak was not as serious as the one in 2005 which had been "ongoing for a long time".

Just as we learned with dire consequences that outmoded oversight rules and regulations regarding the current financial system could not regulate the industry, I submit that the NRC re-licensing procedure for a 40 year old nuclear generating plant precludes the possibility of arriving at a comprehensive and fair decision. For example, it is my understanding that the NRC is prohibited from analyzing contemporary scientific data concerning a moderate earthquake along the existing fault line where there has been recent activity; the NRC is not permitted to evaluate past incidents at Three Mile Island, Chernobyl, or even the ramifications of the leaks emanating from the nuclear plant in Japan, precipitated by a recent earthquake, and the NRC is not allowed to consider scientific models assessing the probable consequences of an earthquake at Indian Point on the surrounding population of 20,000,000 people.

While you cannot prevent the current financial meltdown from occurring, you can be instrumental in preventing a future nuclear catastrophe. The new Administration has stated repeatedly its commitment to a scientific approach to the problems facing America.

One meaningful way to fulfill this commitment would be to spearhead an overhaul of the procedure for licensing nuclear power plants generally, and re-licensing 40 year old nuclear power plants specifically, in order to permit the introduction and consideration of relevant scientific data to the re-licensing process.

Providing safety and security is the most basic of government obligations, and I strongly urge you (and those copied below) to enact and/or amend existing laws, rules, and regulations regarding the operation of nuclear facilities to protect the public.

Thank you in advance for your consideration.

Peter D. Wolf JD, LLM Environmental Law LCDR US Coast Guard Reserve (Ret.)

cc: (w/cc of recent ltr to the NRC) by mail & mail/or e-mail to distribution list

Steven Chu, Secretary of Energy Carol Browner, US Dept of Energy Linda Adams, Secretary of the EPA Dale E. Klein, Chairman of the NRC Kristine L. Svinicki, Commissioner, NRC Gregory B. Jaczko, Commissioner, NRC Peter B. Lyons, Commissioner, NRC David J. Wrona, Branch Chief, NRC Andrew Stuyvenberg, Env. Project Manager, NRC Regional Administrator, NRC Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Senator Nita Lowey, U.S. Representative Eliot Engel, U.S. Representative Jon Hall, U.S. Representative Maurice Hinchey, U.S. Representative David Paterson, Governor, NYS Andrew Cuomo, Attorney General NYS John Sipos, Asst. Atty. Gen., NYS Charles Donaldson, Asst. Atty. Gen., NYS Joan Leary Matthews, NYS DEC Paul D. Tonko, NYSERDA Richard Brodsky, NYS Senator Andrea Stewart Cousins, NYS Assembly Andrew Spano, Westchester County Executive William 1. Ryan, Westchester County Board of Legislators Thomas J. Abinanti, Chair Comm. on Env. & Energy Paul 1. Feiner, Greenburgh Town Supervisor Peter Swiderski, Hastings-on-Hudson Mayor Sandeep Mehrotra, Hastings-on-Hudson Conservation Commission Ron Cascone, Hastings-on-Hudson Conservation Commission Jacques Padawer, Hastings-on-Hudson Conservation Commission Alex Matthiesson, Riverkeeper Tim LaMorte, Rivertowns Enterprise Paul G. Richards, Columbia University Lamont-Doherty Earth Observatory Senior Manager, Nuclear Safety & Licensing, Entergy, Jackson, MI Manager, Licensing, Entergy Buchanan, NY

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Subject:

e-mail to President Obama Date: Fri, 27 Mar 2009 00:45:09 -0400 Message-ID:

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ENTERGY NUCLEAR OPERATIONS, INC. Docket Nos. 50-247-LR 50-286-LR (Indian Point Nuclear Generating Station, Units 2 and 3)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER OF THE SECRETARY TO PETER D. WOLF IN RESPONSE TO HIS MARCH 17 LETTER TO THE CHAIRMAN AND MARCH 27 E-MAIL TO PRESIDENT OBAMA have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop 0-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop 0-15021 Washington, DC 20555-0001 Washington, DC 20555-0001 Sherwin E. Turk, Esq.

Administrative Judge Beth N. Mizuno, Esq.

Lawrence G. McDade, Chair David E. Roth, Esq.

Brian Harris, Esq.

Administrative Judge Andrea Z. Jones, Esq.

Richard E. Wardwell Karl Farrar, Esq.

Brian Newell, Paralegal Administrative Judge Kaye D. Lathrop 190 Cedar Lane E.

Ridgway, CO 81432 Zachary S. Kahn, Law Clerk

2 Docket Nos. 50-247-LR and 50-286-LR LETTER OF THE SECRETARY TO PETER D. WOLF IN RESPONSE TO HIS MARCH 17 LETTER TO THE CHAIRMAN AND MARCH 27 E-MAIL TO PRESIDENT OBAMA William C. Dennis, Esq. Andrew M. Cuomo, Attorney General Assistant General Counsel John J. Sipos, Assistant Attorney General Entergy Nuclear Operations, Inc. Mylan L. Denerstein 440 Hamilton Avenue Deputy Assistant Attorney General White Plains, NY 10601 Division of Social Justice Janice A. Dean Assistant Attorney General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224 Kathryn M. Sutton, Esq. Joan Leary Matthews, Esq.

Paul M. Bessette, Esq. Senior Attorney for Special Projects Martin J. O'Neill, Esq. New York State Department Mauri T. Lemoncelli, Esq. of Environmental Conservation Counsel for Entergy Nuclear Operation, Inc. 625 Broadway, 14th Floor Morgan, Lewis & Bockius, LLP Albany, New York 12233-5500 1111 Pennsylvania Avenue, NW Washington, DC 20004 Michael J. Delaney Robert D. Snook, Esq.

Vice President, Energy Department Office of The Attorney General New York City Economic Development State of Connecticut Corporation (NYCEDC) 55 Elm Street 110 William Street P.O. Box 120 New York, NY 10038 Hartford, CT 06141-0120 Arthur J. Kremer, Chairman Stephen C. Filler, Board Member New York Affordable Reliable Electricity Hudson River Sloop Clearwater, Inc.

Alliance (AREA) 303 South Broadway, Suite 222 347 Fifth Avenue, Suite 508 Tarrytown, NY 10591 New York, NY 10016

3 Docket Nos. 50-247-LR and 50-286-LR LETTER OF THE SECRETARY TO PETER D. WOLF IN RESPONSE TO HIS MARCH 17 LETTER TO THE CHAIRMAN AND MARCH 27 E-MAIL TO PRESIDENT OBAMA Daniel E O'Neill, Mayor Manna Jo Greene, Environmental Director James Siermarco, M.S. Hudson River Sloop Clearwater Liaison to Indian Point 112 Little Markey Street Village of Buchanan Poughkeepsie, NY 12601 Municipal BUilding 236 Tate Avenue Buchanan, NY 10511-1298 Thomas F. Wood, Esq. Nancy Burton, Esq.

Town of Cortlandt Connecticut Residents Opposed Daniel Riesel, Esq. to Relicensing of Indian Point (CRORIP)

Jessica Steinberg, J.D. 147 Cross Highway Counsel for the Town of Cortlandt Redding Ridge, CT 06876 Sive, Paget & Riesel, P.C.

460 Park Avenue New York, NY 10022 Elise N. Zoli, Esq. Justin D. Pruyne Goodwin Proctor, LLP Assistant County Attorney, Litigation Bureau Exchange Place Of Counsel to Charlene M. Indelicato, Esq.

53 State Street Westchester County Attorney Boston, MA 02109 148 Martine Avenue, 6th Floor White Plains, NY 10601 FUSE USA Westchester Citizens' Awareness Network John LeKay (WestCan), Citizens Awareness Network, Heather Ellsworth Burns-DeMelo (CAN), et al Remy Chevalier Susan H. Shapiro, Esq.

Bill Thomas 21 Pearlman Drive Belinda J. Jaques Spring Valley, NY 10977 351 Dyckman Street Peekskill, New York 10566 Victor M. Tafur, Senior Attorney Richard L. Brodsky Philip Musegaas, Esq. Assemblyman Deborah Brancato, Esq. 5 West Main Street Riverkeeper, Inc. Suite 205 828 South Broadway Elmsford, NY 10523 Tarrytown, NY 10591

4 Docket Nos. 50-247-LR and 50-286-LR LETTER OF THE SECRETARY TO PETER D. WOLF IN RESPONSE TO HIS MARCH 17 LETTER TO THE CHAIRMAN AND MARCH 27 E-MAIL TO PRESIDENT OBAMA Diane Curran, Esq. Sarah L. Wagner, Esq.

Counsel for Riverkeeper, Inc. Legislative Office Building, Room 422 Harmon, Curran, Spielberg, Albany, NY 12248

& Eisenberg, LLP 1726 1\/1. Street NW, Suite 600 Washington, DC 20036 ar.--J/

Office of the Secretary of the Co mission Dated at Rockville, Maryland this 21st day of May 2009