ML102280606

NRC Staff'S Answer to Applicant'S Motion for Summary Disposition of Riverkeeper Technical Contention 2 (Flow-Accelerated Corrosion)

ML102280606
Person / Time
Site:	Indian Point
Issue date:	08/16/2010
From:	Roth D NRC/OGC
To:	Atomic Safety and Licensing Board Panel
References
50-247-LR, 50-286-LR
Download: ML102280606 (19)

Text

August August 16,16,2010 2010 UNITED STATES UNITED STATES OF OF AMERICA AMERICA NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION COMMISSION BEFORE THE BEFORE THE ATOMIC SAFETY AND ATOMIC SAFETY LICENSING BOARD AND LICENSING BOARD In the In the Matter Matter ofof ))

))

Entergy Nuclear Entergy Nuclear Operations, Operations, Inc.Inc. )) Docket Nos.

Docket Nos. 50-247 50-247-LRl286-LR

-LR/286-LR

)1 (Indian Point (Indian Point Nuclear Nuclear Generating Generating )i Units 2 Units 2 and and 3)3) ))

NRC STAFF'S NRC STAFF'S ANSWER ANSWER TO TO APPLICANT'S APPLICANT'S MOTION MOTION FOR FOR

SUMMARY

DISPOSITION

SUMMARY

DISPOSITION OF OF RIVERKEEPER RIVERKEEPER TECHNICAL CONTENTION TECHNICAL CONTENTION 2 2 (FLOW-ACCELERATED (FLOW-ACCELERATED CORROSION) CORROSION)

INTRODUCTION INTRODUCTION Pursuant to Pursuant to 10 10 C.F.R. 2.1205 the C.F.R. §3 2.1205 the NRC NRC Staff Staff ("Staff')

("Staff') hereby hereby filesfiles its its answer answer in in support support of "Applicant's of "Applicant's Motion Motion forfor Summary Summary Disposition Disposition of of Riverkeeper Riverkeeper Contention Contention 2 2 (Flow-Accelerated (Flow-Accelerated Corrosion) ("Motion"),

Corrosion) ("Motion"), filed filed by by Entergy Entergy Nuclear Nuclear Operations, Operations, Inc.Inc. ("Applicant"

("Applicant" or or "Entergy")

"Entergy") on on July 26, July 2010.'1 For 26, 2010. For the the reasons reasons set set forth forth below below and and inin the the attached attached "Joint "Joint Affidavit Affidavit of of Matthew Matthew G. Yoder G. Yoder andand Kimberly Kimberly J. J. Green" Green" ("Staff

("Staff ~ff."),'

Aff."),2 the the Staff Staff has has determined determined that that itit materially materially 1

1 Accompanying Entergy's Motion Accompanying Entergy's Motion were were 18 18 attachments, attachments, including including (1)(1) "Statement "Statement of of Material Material Facts," dated Facts," dated July July 26,2010, 26, 2010, ("Material

("Material Facts")

Facts") and and (2) (2) "Joint "Joint Declaration Declaration of of Jeffrey Jeffrey Horowitz, Horowitz, IanIan Mew, Mew, and Alan and Cox in Alan Cox in Support Support of of Energy's Energy's Motion Motion for for Summary Summary Disposition Disposition of of Riverkeeper Riverkeeper Contention Contention TC-2 TC-2 (Flow-Accelerated Corrosion),"

(Flow-Accelerated Corrosion)," dated dated July July 26,2010, 26, 2010, ("Entergy

("Entergy Decl.").

Decl.").

2 AS set forth As set forth in in the the attached attached Affidavit, Mr. Yoder Affidavit, Mr. Yoder isis a a Senior Senior Chemical Chemical Engineer Engineer in in the the Division Division of of Component Integrity, Component Integrity, Steam Steam Generator Generator Tube Tube Integrity Integrity and and Chemical Chemical Engineering Engineering Branch, Branch, andand hehe has has performed numerous performed numerous technical technical reviews reviews in in the the area area of of flow flow accelerated accelerated corrosion corrosion (FAC)

(FAC) forfor license license renewal and renewal and power power uprates; uprates; and and Ms.

Ms. Green Green isis a a Senior Senior Project Project Manager Manager for for License License Renewal Renewal Safety Safety Issues at Issues at Indian Indian Point, Point, and and she she has has reviewed reviewed andand audited audited many many license license renewal renewal applicants.

applicants. StaffStaff Aff. at Aff. at 1 and 1 and Statements Statements of of Professional Professional Qualifications Qualifications ofof Kimberly Kimberly J.J. Green Green and and Matthew Matthew G. G. Yoder.

Yoder.

agrees3 agrees 3 with each of with each of the the statements statements contained contained in in the the Statement Statement of of Material Material FactsFacts submitted submitted in in support of support of Entergy's Entergy's Motion,Motion, andand that that the the views views expressed expressed by by Entergy Entergy are are consistent consistent with the with the established regulatory Staff's established Staff's regulatory positions positions regarding regarding the the treatment treatment of of FAC FAC under under 10 10 C.F.R.

C.F.R. §f j 54.21(a)(l).

54.21 (a)(1). Accordingly, Accordingly, the the Staff Staff submits submits that that thethe Motion Motion demonstrates demonstrates there there isis no no genuine genuine dispute of dispute of material material factsfacts with with respect respect to to Riverkeeper's Riverkeeper's Technical Technical Contention Contention 2 2 ("TC-2"),

("TC-27, and and Entergy is Entergy entitled to is entitled to aa decision decision as as a a matter matter ofof law.

law. Thus, Thus, TC-2 TC-2 should should be be dismissed.

dismissed.

BACKGROUND BACKGROUND Riverkeeper's Contention Riverkeeper's Contention TC-2 (Flow Accelerated TC-2 (Flow Corrosion) was Accelerated Corrosion) filed by was filed by Riverkeeper Riverkeeper on November on November 30, 30,2007.~

2007. 4 TC-2TC-2 asserts:

asserts:

Entergy's program Entergy's program for for management management of Flow Accelerated of Flow Corrosion Accelerated Corrosion (FAC) --

(FAC) -- an an aging aging phenomenon phenomenon with with significant significant safety safety implications implications

-- fails

-- fails toto comply comply with with 10 10 C.F.R.

C.F.R. §f j 54.21 54.21(a)(3)'s requirement that:

(a)(3)'s requirement that:

For each For each structure structure and and component component identified identified in in paragraph (a)(1) paragraph (a)(l) of this section, demonstrate that of this section, demonstrate that the effects the effects of of aging aging will be adequately will be adequately managed managed so so that the that the intended intended function(s) function(s) will be maintained will be maintained consistent with consistent the CLB with the CLB for for the the period period ofof extended extended operation.

operation.

Entergy also Entergy also fails fails to to follow follow the the guidance guidance of of NUREG-1800, NUREG-1800, which which requires that requires that an an aging aging management management program program ["AMP"],

["AMP"], including including a a FAC program FAC program for for life life extension, extension, must must address address eacheach of of the the following elements:

following elements:

(1) Scope (1) Scope Preventative actions (2) Preventative (2) actions 3 For certain For certain items items deemed deemed not not material, material, the the Staff Staff had had no no opinion.

opinion. See Staff Affidavit e.g. Staff See e.g. at 22 n.

Affidavit at n.

11 &

&2.

2.

4 4 Riverkeeper, Inc.'s See Riverkeeper, See Inc.'s Request Request for for Hearing Hearing and and Petition Petition to to Intervene Intervene in in the the License License Renewal Renewal Proceeding for Proceeding for the the Indian Indian Point Nuclear Power Point Nuclear Power Plant Plant ("RK

("RK Petition")

Petition") filed filed November November 30, 30, 2007 2007 atat 15-23.

15-23.

The contention The contention is is supported supported by by Riverkeeper's Riverkeeper's expert expert Dr.Dr. Joram Jorarn Hopenfeld.

Hopenfeld. See at 16 id. at See id. 16 & Declaration of

& Declaration of Dr. Joram Dr. Jorarn Hopenfeld Hopenfeld ("Hopenfeld

("Hopenfeld Declaration")

Declaration")in in support support of of Riverkeeper's Riverkeeper's Contentions Contentions TC-1 TC-1 and and TC-2 TC-2 (November 28, (November 28, 2007).

2007). The The two-page, two-page, four-paragraph four-paragraph Declaration Declaration does does not not present present any any additional additional information about information about TC-2; TC-2; itit states states that that Dr.

Dr. Hopenfeld Hopenfeld assisted assisted in in preparation preparation of of TC-2, TC-2, andand the the statements statements in in the contentions the contentions are are true true to the best to the best of of Dr.

Dr. Hopenfeld's Hopenfeld's knowledge.

knowledge. See Hopenfeld Declaration See Hopenfeld Declaration at 1-2.

at 1-2.

(3) Parameters monitored or inspected (4) Detection of aging effects (5) Trending (6) Acceptance criteria (7) Corrective actions (8) Confirmation processes (9) Administrative processes (10) Operating experience NUREG-1800, § A.1.2.3.

Entergy's program for management of FAC is deficient because it has not demonstrated that components in the Indian Point nuclear power plant that are within the scope of the license renewal rule and are vulnerable to FAC will be adequately inspected and maintained during the license renewal term. In particular, Entergy's program for management of FAC is deficient because it relies on the computer code CHECWORKS, without sufficient benchmarking of the IP operating parameters. In addition, Entergy's license renewal application fails to specify the method and frequency of component inspections or criteria for component repair or replacement.

RK Petition at 15-16.

The Applicant5 and the Staff6 opposed the admission of TC-2 on various grounds.

Following oral argument on the admissibility of contentions, the Board admitted Riverkeeper TC-

2. Entergy Nuclear Operations, Inc. (Indian Point, Units 2 and 3), LBP-08-13, 68 NRC 43, 172-1777. The Board admitted TC-2 with two elements:

5 Answer of Entergy Nuclear Operations, Inc. Opposing Riverkeeper, Inc.s Request for Hearing and Petition to Intervene (Jan. 22, 2008) ("Entergy Riverkeeper Answer") at 44-60.

6 NRC Staffs Response to Petitions For Leave to Intervene Filed By (1) Connecticut Attorney General Richard Blumenthal, (2) Connecticut Residents Opposed To Relicensing Of Indian Point, And Nancy Burton, (3) Hudson River Sloop Clearwater, Inc., (4) The State Of New York, (5) Riverkeeper, Inc.,

(6) The Town Of Cortlandt, And (7) Westchester County ("Staffs Answer"), filed January 22, 2008, at 119-122.

7 In admitting Riverkeeper TC-2, the Board noted that its decisions were consistent with Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), LBP-06-20, 64 NRC 131, 192-96 (ruling on petitions), wherein the intervenor had raised the same challenge regarding the effect of a power uprate on the FAC program.

(1) Entergy's (1) Entergy's AMP AMP for components affected for components affected by by FAC FAC is is deficient deficient because itit does because does not not provide provide sufficient sufficient details (e.g., inspection details (e.g., inspection method and method and frequency, criteria for frequency, criteria for component component repairrepair or or replacement) to replacement) demonstrate that to demonstrate that the the intended intended functions functions of of the the applicable components applicable components will will be be maintained maintained during during thethe extended extended period of period of operation; operation; and and (2)

(2) Entergy's Entergy's program program relies relies on on the the results from results from CHECWORKS CHECWORKS without benchmarking or without benchmarking or aa track track record of record of performance performance at at IPEC's IPEC's power power uprate uprate levels.

levels.

Indian Point, LBP-08-13, Indian Point, LBP-08-13, 68 68 NRC NRC at at 177.

177.

Summaw of Summarv of Entergy's Enterqy's Motion Motion Entergy's argument Entergy's argument parallels parallels andand addresses addresses the two aspects the two aspects of of the the contention.

contention. First, First, Entergy states Entergy states that that the the substantial substantial level level of of detail detail present present in in the the Indian lndian Point Point Energy Energy Center Center

("IPEC") FAC

("IPEC") FAC program program satisfies satisfies thethe requirements requirements of of 10 10 C.F.R.

C.F.R. PartPart 54.54. Motion Motion atat 15-17.

15-17 Second, Entergy Second, Entergy argues argues thatthat itit promptly promptly updated updated its IPEC CHECWORKS its IPEC CHECWORKS models models for post uprate for post uprate conditions. Motion conditions. Motion at at 17-24.

17-24.

Entergy describes Entergy describes how how the the Staff Staff uses uses thethe NUREG-1800, NUREG-1800, "Standard "Standard ReviewReview Plan Plan for for Review of Review of License License Renewal Renewal Applications [("LRA")] for Applications [("LRA")] Nuclear Power for Nuclear Power Plants" Plants" ("SRP-LR")

("SRP-LR") and and NUREG-1801, "Generic NUREG-1801, "Generic AgingAging Lessons Lessons Learned Learned (GALL)

(GALL) Report,"

Report," ("GALL

("GALL Report")

Report") to review an to review an LRA, and LRA, and notes notes inin particular particular that the Commission that the Commission has has stated stated that that using using thethe aging aging management management

("AMPS") in programs ("AMPs")

programs in the the GALL GALL Report Report provides provides reasonable reasonable assurance assurance that that the the licensee licensee willwill manage the manage the aging aging effects effects during during thethe period period ofof extended extended operation ("PEON). See operation ("PEO"). See Motion Motion at at 6.

6.

Entergy describes Entergy describes how how the the IPEC IPEC FAC FAC Program Program satisfies satisfies all all ten ten program program elements elements identified identified inin the SRP-LR the SRP-LR and and GALL GALL Report, Report, and and the LRA included the LRA included thethe information information required required by by 10 10 C.F.R.

C.F.R.

54.21(d).

54.21 (d). Motion Motion at at 8.

8.

Regarding the Regarding the program program used used at at Indian lndian Point, Point, Entergy Entergy states states that the program that the program is is implemented via implemented Entergy's fleet-wide via Entergy's procedure EN-DC-315, fleet-wide procedure EN-DC-315, Rev. Rev. 3, 3, "Flow "Flow Accelerated Accelerated Corrosion Program" Corrosion Program" (March (March 1,2010).

1, 2010). Motion Motion at at 9. Under that

9. Under that program, program, component component selection selection parameters include parameters include (1)(1) actual actual pipe pipe wall thickness measurements wall thickness measurements from from past past outages; outages; (2) (2) predictive evaluations predictive evaluations performed performed using using the the CHECWORKS CHECWORKS code; code; (3) (3) industry industry experience experience related related

- 5-to FAC; to FAC; (4)(4) results results from other plant from other plant inspection inspection programs; programs; and and (5) (5) engineering engineering judgment.

judgment. Id. Id. at at 10.

10.

Entergy argues Entergy argues that that after after the the Board Board admitted admitted TC-2,TC-2, substantial substantial additional additional information information has has been developed been developed and and submitted submitted to to the the NRC NRC thatthat addresses addresses the the contention.

contention. Id. Id. at at 15.

15. First, First, the the Staff completed Staff completed its its review review of of the FAC AMP, the FAC AMP, as as documented documented in in the Staffs NUREG-1930, the Staff's NUREG-1930, "Safety "Safety Evaluation Report Evaluation Report Related Related to to the License Renewal the License Renewal of of Indian Indian Point Point Nuclear Nuclear Generating Generating Unit Unit Nos.

Nos.

2 and 2 and 3,"

3," (Nov.

(Nov. 2009) 2009) ("SER").

("SER"). Id. Id. at at 15-16.

15-16. TheThe Staff Staff found found IPEC's IPEC's FAC FAC program program to to be be sufficient. Id.

sufficient. Id. Riverkeeper Riverkeeper did did notnot challenge challenge the the findings.

findings. Id. Id. at at 16.

16. Also, Also, Entergy Entergy notes notes that that in in the Vermont the Vermont Yankee proceeding, the Yankee proceeding, the assigned assigned Board Board reviewed reviewed an an almost almost identical-contention identical-contention in in which the which corporate fleet-wide same corporate the same procedure was fleet-wide procedure was challenged, challenged, and and the the Vermont Vermont Yankee Yankee BoardBoard found Entergy's found Entergy's FAC FAC AMP AMP to to bebe acceptable.

acceptable.'B Id. Id. at at 16-17.

16-17. Entergy Entergy statesstates that that prolonged that that prolonged benchmarking is benchmarking is not not needed needed as as CHECWORKS CHECWORKS was was designed designed to to handle handle changes changes in in flow and flow and operating cond operating conditions.

itions. Id. Id. at at 19-21.

19-21. Last,Last, CH CHECWORKS ECWORKS has has a a proven proven track track record record worldwide, worldwide, and is and is not not discredited discredited by by the the documents documents or or meeting meeting transcripts transcripts cited cited byby Riverkeeper.

Riverkeeper. Id. Id. at at 22-22-24.

24.

' The Staff B The Staff notes notes that that inin Vermont Vermont Yankee, Yankee, where where Dr.Dr. Hopenfeld Hopenfeld testified that CHECWORKS testified that CHECWORKS was was inadequately benchmarked inadequately benchmarked for for a a 20%

20% increase increase inin power, power, the Board found the Board found that "[blased on that "[b]ased on the the overwhelming evidence overwhelming evidence provided provided by by Dr.

Dr. Howowitz, Howowitz, coauthor coauthor of of CHECWORKS, CHECWORKS, [the [the Board Board finds] that finds] that CHECWORKS was CHECWORKS was bench benchmarked marked using using anan extensive extensive database database of of laboratory laboratory testing testing and and actual actual operating operating conditions from conditions from a a multitude multitude of of plants plants operating operating atat the same and the same and higher higher levels levels than than the uprated value the uprated value atat

[Vermont Yankee]."

[Vermont Entergy Nuclear Yankee]." Entergy Nuclear Vermont Vermont Yankee, Yankee, LLC, and Entergy LLC, and Entergy Nuclear Nuclear Operations, Operations, Inc.

Inc.

(Vermont Yankee (Vermont Nuclear Power Yankee Nuclear Power Station),

Station), LBP-08-25, LBP-08-25, 68 68 NRC NRC 763, 763, 889889 (Partial (Partial Initial Initial Decision),

Decision), rev'd rev'd inin parf, aff'd in part, aff'd in parf, and remanded part, and remanded on on other other grounds grounds to to the the Board Board in in CLI-10-17, CLI-10-17, 72 72 NRC NRC - (Jul. 8,

_ (Jul. 8, 2010)(slip op.).

2010)(slip op.). The The Board Board alsoalso found found 10 10 to 15 years to 15 years of of benchmarking benchmarking to to be be "unreasonable "unreasonable and and not not defensible." Id.

defensible." Id. Significantly, Significantly, the the Board Board noted noted that that Dr.Dr. Hopenfeld Hopenfeld concluded concluded that that the the FAC FAC Program Program would would not be not be materially materially affected affected if if CHECWORKS CHECWORKS was was not not included included in in the the AMP.

AMP. Id. Id. at at 877.

877.

-- 6 6 --

DISCUSSION DISCUSSION I.I. Leaal Standards Legal Standards Governing Governina Motions Motions for Dis~osition Summarv Disposition for Summary Pursuant to Pursuant to 10 10 C.F.R.

C.F.R. §§ 2.1205(a),

2.1205(a), motions motions for summary disposition for summary disposition must must bebe in in writing, writing, must include must include a a written written explanation explanation of of the the basis basis forfor the the motion, motion, and and must must include include affidavits affidavits to to support statements support statements of of fact.

fact. InIn ruling ruling on on aa motion motion for for summary summary disposition, disposition, the the presiding presiding officer officer is to is to apply apply thethe standards standards for for summary summary disposition disposition set set forth forth inin 10 C.F.R. §9 2.710.

10 C.F.R. 2.710. See See 10 10 C.F.R.

C.F.R.

§9 2.1205(c).

2.1205(c). A moving party A moving party isis entitled entitled toto summary summary disposition disposition of of aa contention contention ifif the the filings filings inin the the proceeding, together proceeding, together with the statements with the statements of of the parties and the parties and the affidavits, demonstrate the affidavits, demonstrate that that there is there is no no genuine genuine issue issue asas to any material to any material fact and that fact and that itit is is entitled entitled toto aa decision decision in in its its favor favor as as matter of matter of law. See 10 law. See 10 C.F.R.

C.F.R. §§ §§ 2.1205 2.1205 and and 2.

2. 710(d)(2);

710(d)(2); see see also also Advanced Medical Sys.,

Advanced Medical Sys., Inc.

Inc.

(One Factory (One Factory Row,Row, Geneva, Geneva, Ohio),

Ohio), CLI-93-22, CLI-93-22, 38 38 NRC NRC 98,102-03 98, 102-03 (1993); Exelon Generation (1993); Exelon Generation Co., LLC Co., LLC (Early (Early Site Site Permit Permit for Clinton ESP for Clinton ESP Site),

Site), LBP-05-19, LBP-05-19, 62 62 NRC NRC 134,134, 179-80 179-80 (2005).

(2005).

A party A party seeking seeking summary summary disposition disposition bears bears the the burden burden of of demonstrating demonstrating that that nono genuine genuine issue of issue of material material fact fact exists.

exists. SeeSee Sequoyah Sequoyah Fuels Fuels Corp.

Corp. & General Atomics

& General Corp. (Gore, Atomics Corp. (Gore, Okla.

Okla.

Site Decontamination Site Decontamination and and Decommissioning Decommissioning Funding), Funding), LBP-94-17, LBP-94-17, 39 39 NRC NRC 359,361 359, 361 (1994).

(1994).

The evidence The evidence submitted submitted must must be be construed construed in in favor favor ofof the the non-moving non-moving party. Id. Affidavits party. Id. Affidavits submitted in submitted in support support of of aa summary summary disposition disposition motion motion mustmust be be executed executed by by individuals individuals qualified qualified by "knowledge, by "knowledge, skill,skill, experience, experience, training, training, oror education,"

education," and and mustmust bebe sufficiently sufficiently grounded grounded in in facts. Duke facts. Duke Cogema Cogema Stone Stone & Webster (Savannah

& Webster (Savannah River River Mixed Mixed Oxide Oxide Fuel Fuel Fabrication Fabrication Facility),

Facility),

LBP-05-04, 61 LBP-05-04, 61 NRC NRC 71, 71, 80-81 80-81 (2005) (citing Fed.

(2005) (citing Fed. RuleRule of of Evid.,

Evid., Rule Rule 702); Bragdon v.

702); Bragdon v. Abbott, Abbott, 524 U.S.

524 U.S. 624, 624, 653 653 (1998)

(1998) (stating (stating that that anan expert's expert's opinion opinion mustmust have have aa traceable, traceable, analytical analytical basis in basis in objective objective fact fact before before itit may may be be considered considered on on summary summary judgment).

judgment).

A party A party opposing opposing aa motion motion for for summary summary disposition disposition cannot cannot relyrely on on mere mere allegations allegations or or denials of denials of the the moving moving party's party's facts; rather, the facts; rather, the non-moving non-moving party party must must setset forth forth specific specific facts facts demonstrating aa genuine demonstrating genuine issue issue of of material material fact.

fact. SeeSee 10 C.F.R. §9 2.710(b);

10 C.F.R. 2.710(b); Advanced Medical Advanced Medical

7-

- Sys., CLI-93-22, Sys., CLI-93-22, 38 38 NRC NRC at at 102.

102. Bare Bare assertions assertions and and general general denials, denials, eveneven by by an an expert, expert, are are insufficient to insufficient to oppose oppose a a properly properly supported supported motion motion for for summary summary disposition.

disposition. Duke Duke Cogema, Cogema, LBP-05-04, 61 LBP-05-04, 61 NRC NRC at at 8181 (citing (citing Advanced Medical Sys.,

Advanced Medical Sys., CLI-93-22, CLI-93-22, 38 38 NRCNRC at at 102);

102); Houston Houston Lighting &

Lighting & Power Power Co.Co. (Aliens (Allens Creek Creek Nuclear Nuclear Generating Generating Station,Station, Unit Unit 1),I ) , ALAB-629, ALAB-629, 13 13 NRC NRC 75, 75, 78 (1981).

78 (1981). Although Although the the burden burden is is on on the the moving moving party party to to show show there there is is nono genuine genuine issue issue ofof material fact, material fact, the the non-moving non-moving party party must must controvert controvert any any material material fact fact proffered proffered by by the the moving moving party or party or that that fact fact will be deemed will be deemed admitted.

admitted. Advanced Advanced Medical Medical Sys.,

Sys., CLI-93-22, CLI-93-22, 38 38 NRC NRC at at 102-03. For 102-03. For aa Board Board to to find the existence find the existence of of a a genuine genuine issueissue of of material material fact, fact, "the "the factual factual record, considered record, considered in in its its entirety, entirety, must must bebe enough enough in in doubt doubt soso that that there there is is aa reason reason to to hold hold a a hearing to hearing to resolve resolve the the issue."

issue." Cleveland Cleveland E/ec.

Elec. Illuminating Illuminating Co. Co. (Perry (Perry Nuclear Nuclear PowerPower Plant, Plant, Units 11 &

Units & 2),

2), LBP-83-46, LBP-83-46, 18 18 NRC NRC 218,218, 223 223 (1983).

(1983). In In addition addition toto demonstrating demonstrating that that no no genuine genuine issues of issues of material material fact exist, the fact exist, the movant movant mustmust also also demonstrate demonstrate that that itit is is entitled entitled toto the the decision decision as a as a matter matter of of law.

law. Celotex Celotex Corp.Corp. v.v. Catrett, Catrett, 477 477 U.S.U.S. 317, 317, 323 323 (1986).

(1986).

Because the Because the Commission's Commission's summary summary disposition disposition rules rules follow follow Rule Rule 56 56 ofof the the Federal Federal Rules of Rules of Civil Civil Procedure, Procedure, federal federal court court decisions decisions thatthat interpret interpret and and apply apply Rule Rule 5656 are are considered considered appropriate precedent appropriate precedent for for the the Commission's Commission's rules.

rules. See See Safety Safety Light Light Corp.

Corp. (Bloomsburg (Bloomsburg Site Site Decommissioning and Decommissioning and License License Renewal Renewal Denials),

Denials), LBP-95-9, LBP-95-9, 41 NRC 41 41 NRC 412, 2, 449 449 n.n. 167 167 (1995).

(1995).

See also See also Advanced Medical Sys.,

Advanced Medical Sys., CLI-93-22, CLI-93-22, 38 38 NRCNRC at at 102-03; 102-03; Duke Duke Cogema Cogema Stone Stone & &

Webster, LBP-05-04, Webster, LBP-05-04, 61 61 NRC NRC at at 79.

79. The The adjudicating adjudicating body body need need only only consider consider the the purported purported factual disputes that factual disputes that are are "material" "material" to to the the resolution resolution of of the the issues issues raised raised in in the the summary summary disposition motion.

disposition motion. Anderson Anderson v. v. Liberty Liberty Lobby, Lobby, Inc.,

Inc., 477 477 U.S.

U.S. 242, 242, 248 248 (1986).

(1986). Material Material facts facts are those are those with the potential with the potential to to affect affect the the outcome outcome of of the the case.

case. Ganton Ganton Technologies Technologies Inc v.

Inc.. .v.

National Indus.

National Indus. Group Group Pension Pension Plan, Plan, 865 865 F.F. Supp Supp 201,205 201,205 (S.D.N.Y (S.D.N.Y 1994);

1994); Yankee Yankee Atomic Atomic Electric Co.

Electric Co. (Yankee (Yankee Nuclear Nuclear Power Power Station).

Station), LBP-96-18.

LBP-96-18, 44 44 NRC NRC 86,86, 99 99 (1996).

(1996).

II.

II. No Genuine No Genuine Issue Issue of of Material Material FactFact Remains Remains Concerning TC-2.

Concerning TC-2.

In support In support of of its its Motion, Motion, Entergy's Entergy's Statement Statement of of Material Material Facts Facts presented presented a a detailed detailed description of description of the the background background concerning concerning FAC, FAC, CHECKWORKS, CHECKWORKS, and and related related industry industry guidance guidance (Material Facts (Material Facts at 111-9);

at ~~ 1-9); the the applicable applicable NRC NRC regulations regulations and and guidance guidance (id. at 77 (id. at 10-18); the

~ 10-18); the overview of overview of the the IPEC IPEC FAC FAC Program Program (id. at 77 (id. at 19-26); the

~ 19-26); the IPEC IPEC program program for for managing managing FAC FAC during the during the period period of of extended extended operations operations (id. at 77 (id. at 27-38); and

~~ 27-38); and using using CHECKWORKS CHECKWORKS at at IPEC IPEC (id. at (id. at 7739-55).

~39-55).

As set forth As set forth in in the the attached attached Joint Joint Affidavit Affidavit of of Matthew Matthew G. G. Yoder Yoder and and Kimberly Kimberly J. J. Green, Green, the Staff the Staff reviewed reviewed the the Statement Statement of of Material Material Facts, Facts, thethe Motion, Motion, andand the the other other attachments.

attachments. See See Staff Aff.

Staff Aff. at at 1.

1.

Kimberly J.

Kimberly J. Green, Green, the the Staff's Staffs Indian lndian Point Point License License Renewal Renewal Senior Senior Project Project Manager Manager for for safety issues, safety issues, reviewed reviewed Entergy's Entergy's statements statements applicable applicable NRC NRC regulations regulations and and guidance guidance (Material Facts (Material Facts 77 10-18); the

~~ 10-18); the overview overview of of the the Indian lndian Point Point FAC FAC Program Program (id. at 77 (id. at 19-25); and

~ 19-25); and the Entergy's the Entergy's descriptions descriptions of of the the Staff's Staffs findings findings published published in in safety safety evaluation evaluation reports reports (id.

(id. at at ~

26',9 ,54 26 541°,

10 55");

,55 11 and found

); and found them them to to be be materially-correct.

materially-correct. Staff Staff Aff. at 2-3.

Aff. at 2-3.

Similarly, the Similarly, the Staff's Staffs FAC FAC expert expert Matthew Matthew G.Yoder, G.Yoder, reviewed, reviewed, inter inter alia, alia, Entergy's Entergy's facts facts on the on the background background of of FAC, FAC, CHECWORKS, CHECWORKS, and and industry industry guidance guidance (Material Facts 77 (Material Facts 1-9); the

~~ 1-9); the lndian Point Indian Point program program for for managing managing FAC FAC during during thethe period period of of extended extended operation operation (id. at 77 (id. at 27-

~~ 27-38); the 38); the use use and and updating updating of of CHECKWORKS CHECKWORKS models models at at Indian lndian Point Point (id. at 77 (id. at 39-55), and

~~ 39-55), and found found Material Fact 9 Material Fact 2626 notes notes that that NRC NRC Staff's Staffs SERSER concluded concluded that that the the IPEC IPEC FACFAC program program elements elements are acceptable are acceptable and and consistent consistent with all ten with all ten program program elements elements inin GALL GALL Section Section XI.M17 XI.Ml7 Material Fact loMaterial 10 Fact 5454 summarizes summarizes reasons reasons the the NRC NRC Staff's Staffs SER SER concluded concluded that that the the IPEC IPEC FAC FAC program is program is adequate, adequate, while noting that while noting that the the computer computer code code CHECWORKS CHECWORKS is is not not the the sole sole basis basis for for the the program's inspection program's inspection selections.

selections.

11 11 Material Fact Material Fact 5454 states states that that the the SER SER concluded concluded thethe applicable applicable requirements requirements of 10 C.F.R.

of 10 C.F.R. Part Part 54 are 54 are satisfied satisfied by by Entergy's Entergy's program.

program.

them to them to be be materially-correct.

materially-correct. Staff Staff Aff. at 2.

Aff. at 2.

Accordingly, Accordingly, thethe Staff Staff did did not not identify identify that that any any genuine genuine issues issues of of material material fact fact exist exist with with respect to respect to TC-2. Id. at TC-2. Id. at 2.

2. The The Staff Staff believes believes that that Entergy Entergy is is entitled entitled to to judgment judgment as as a a matter matter of of law. Thus, law. Thus, Entergy's Entergy's motion motion should should bebe granted granted and and TC-2 TC-2 dismissed.

dismissed.

CONCLUSION CONCLUSION For the For the reasons reasons discussed discussed above above and and inin the the attached attached Joint Joint Affidavit Mathew G.

of Mathew Affidavit of G. Yoder Yoder and Kimberly and Kimberly J. J. Green, Green, the the Staff Staff has has concluded concluded thatthat no no genuine genuine disputes disputes of of material material fact fact exist exist regarding Riverkeeper's regarding Riverkeeper's Contention Contention TC-2.

TC-2. Accordingly, Accordingly, thethe Staff Staff respectfully respectfully submits submits that that the the Applicant's Motion Applicant's Motion should should bebe granted granted and and TC-2 TC-2 dismissed.

dismissed.

Respectfully submitted, Respectfully submitted, 2

David E.

David E. Roth Roth 1

Counsel for Counsel for NRC NRC Staff Staff U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Office of Office of the the General General Counsel Counsel Mail Stop -- 0-15D21 Mail Stop 0 - 15D21 Washington, DC Washington, DC 20555 20555 Telephone: (301)

Telephone: (301) 415-2749 415-2749 E-mail: david.roth@nrc.gov E-mail: david.roth@nrc.gov Dated at Dated at Rockville, Rockville, Maryland Maryland 16th this 16 this th day of day of August 2010 August 2010

August August 16, 16, 2010 2010 LlhllTED STATES UNITED STATES OF OF AMERICA AMERICA NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION COMMISSION BEFORE THE BEFORE THE ATOMIC SAFETY AND ATOMIC SAFETY LICENSING BOARD AND LICENSING BOARD In the In the Matter Matter ofof )

)

Entergy Nuclear Entergy Nuclear Operations, Operations, Inc. Inc. ) Docket Nos.

Docket Nos. 50-247/286-LR 50-2471286-LR 1

i (Indian Point (Indian Point Nuclear Nuclear Generating Generating UnitsUnits 22 and and 3)

3) )

AFFIDAVIT OF AFFIDAVIT OF KIMBERLY KIMBERLY J. J. GREEN GREEN AND AND MATTHEW MATTHEW G. G. YODER YODER Kimberly J.

Kimberly J. Green Green ("KG")

("KG") and and Matthew Matthew G. G. Yoder ("MY") do Yoder ("MY") do hereby hereby state state as as follows:

follows:

1.

1. (MY) II am (MY) am employed employed as as a a Senior Senior Chemical Chemical Engineer Engineer in in the the Steam Steam Generator Generator Tube Tube Integrity and Integrity and Chemical Chemical Engineering Engineering Branch, Branch, Division Division ofof Component Component Integrity, Integrity, Office Office ofof Nuclear Nuclear Reactor Regulation, Reactor Regulation, U.S.

U.S. Nuclear Nuclear Regulatory Regulatory Commission, Commission, in in Rockville, Rockville, MD.

MD. My My statement statement of of professional qualifications professional qualifications isis attached.

attached.

2.

2. (KG) II am (KG) am employed employed as as aa Senior Senior Project Project Manager Manager in in Projects Projects Branch Branch 2, 2, Division Division of of License Renewal, License Renewal, Office Office of of Nuclear Nuclear Reactor Reactor Regulation, Regulation, U.S.U.S. Nuclear Nuclear Regulatory Regulatory Commission, Commission, Rockville, MD.

Rockville, MD. My My statement statement of of professional professional qualifications qualifications is is attached.

attached.

3.

3. (KG, MY)

(KG, MY) This This Affidavit Affidavit isis prepared prepared in in response response to to the the "Applicant's "Applicant's Motion Motion for Summary for Summary Disposition of Disposition of Riverkeeper Riverkeeper Technical Technical Contention Contention 2 2 (Flow-Accelerated (Flow-Accelerated Corrosion)"

Corrosion)" filed filed onon July July 26, 2010, 26, 2010, by by Entergy Entergy Nuclear Nuclear Operations, Operations, Inc.

Inc. ("Applicant").

("Applicant").

4.

4. (MY, KG)

(MY, KG) As part of As part of our our official official duties, duties, we we reviewed reviewed the "Applicant's Motion the "Applicant's Motion For For Summary Disposition Summary Disposition Of Of Riverkeeper Riverkeeper Technical Technical Contention Contention 2 2 (Flow-Accelerated (Flow-Accelerated Corrosion)"

Corrosion)"

("Motion"), Applicant's

("Motion"), "Statement of Applicant's "Statement of Material Material Facts" Facts" (Entergy (Entergy Att.

Att. 1)

1) ("Material

("Material Facts"),

Facts"),

Applicant's "Joint Declaration Applicant's "Joint Declaration of of Jeffrey Jeffrey Horowitz, Ian Mew, Horowitz, Ian Mew, andand Alan Cox in Alan Cox in Support Support of of Entergy' Entergy' ss Motion Motion for for Summary Summary Disposition Disposition of of Riverkeeper Riverkeeper Contention Contention TC-2 TC-2 (Flow-Accelerated (Flow-Accelerated Corrosion)" (Entergy Corrosion)" (Entergy Att. 2), and Att. 2), and Applicant's Applicant's Attachments Attachments 3-18 3-18 submitted submitted inin support support its its motion.

motion.

We are We are familiar familiar with with the the discussions discussions about about flow-accelerated corrosion in flow-accelerated corrosion in NUREG-1930, NUREG-1930, Vol. 1&

Vol. 1 &

2, "Safety 2, "Safety Evaluation Evaluation Report Report Related Related to to the the License License Renewal Renewal of of Indian lndian Point Point Nuclear Nuclear Generating Unit Generating Unit Nos.

Nos. 2 2 and and 3,"3," (Nov.

(Nov. 2009) 2009) ("SER"),

("SER"), and and the the "Audit "Audit Report Report Regarding Regarding thethe License Renewal License Renewal Application Application for for Indian Indian Point Point Nuclear Nuclear Audit Audit Report Report for Plant Aging for Plant Aging Management Management Programs and Programs and Reviews,"

Reviews," (January (January 13, 13, 2009) 2009) ("Audit

("Audit Report").

Report").

5.

5. (MY, KG)

(MY, KG) AsAs part part of of our our official official responsibilities, responsibilities, we we reviewed reviewed Riverkeeper's Riverkeeper's contention contention TC-2.

6.

6. ,

(KG) As (KG) part of As part of my my official official responsibilities, responsibilities, II participated participated in in the the NRC NRC Staff's Staff's on-site on-site audit audit and review and review ofof Indian lndian Point's Point's aging aging management management programs, programs, and and II wrote. the the wrote. the the Audit Report.

Audit Report.

7.

7. (KG) As (KG) part of As part of my my official official duties, duties, II coordinated coordinated preparation preparation of of the the SER.

SER.

8.

8. (MY) Based (MY) Based on on mymy review review of of the above documents, the above documents, II am am satis*fied satisfied that that Entergy's Entergy's "Statement of "Statement of Material Material Facts" Facts" 1m 77 1-91-9 are are true true and and correct.

correct.

9.

9. (MY, KG)

(MY, KG) Based Based on on our our review review of of the the above above documents, documents, we we are are satisfied satisfied that that Entergy's Entergy's "Statement of "Statement of Material Material Facts" 77 10-25 (first Facts" 111110-25 (first & second sentences),

& second 77 26-27 (second sentences), 111126-27 (second & third

& third 77 28-29 (first sentences), 111128-29 sentences), (first & second sentences),

& second sentences), and 77 30-33 are and 111130-33 are true true and and correct.'

correct.'

10.

10. (MY) Based (MY) Based on on mymy review review of of the above documents, the above documents, II am am satisfied satisfied that that Entergy's Entergy's "Statement of "Statement of Material Material Facts" Facts" 1m 77 34-51 34-5l(discussing (discussing 2R16 2R16 and and 2R17), 7 52 (discussing 2R17), 1152 (discussing 3R13 3R13 andand 3R14), and 3R14), 77 53- 55 and 111153- 55 is is true true and and correct.2 correct.'

11.

11. (KG) Based (KG) Based on on mymy review review of of the above documents, the above documents, II am am satisfied satisfied that that Entergy's Entergy's "Statement of "Statement of Material Material Facts" Facts" 1m 77 33-34 33-34 (portion (portion enumerating enumerating selection selection criteria), 77 36-37, 1m47-criteria), 111136-37, 7747-

' We have

, We have nono opinion opinion on on Material Fact fi Material Fact 25 third

~ 25 third sentence sentence (stating (stating why why Entergy Entergy diddid not not take take an an exception to exception to the the GALL GALL Report Report in in April April 2007; 2007; thethe Staff's Staffs SERSER states states that that the the applicant applicant subsequently subsequently took took an exception, an exception, and and the the Staff Staff found found NSAC-202L-R3 NSAC-202L-R3 to to be be anan acceptable acceptable alternative.

alternative. SeeSee SER SER at at 3-24.

3-24. WeWe have no have no opinion opinion on on Material Material Fact Fact ~ fi 27 27 first sentence (listing first sentence (listing 1990 1990 as as starting starting year year of of the the formal formal FAC FAC program) and program) and Material Fact fi Material Fact 29 last

~ 29 last sentence sentence (listing (listing historical historical actions actions taken taken during during program program procedure procedure development).

development).

have no 2 II have no opinion opinion on on Material Material FactFact fi 51 discussing

~ 51 discussing 2R182R18 andand 2R19; 2R19; and and nono opinion on fi opinion on 52

~ 52 3R15).

(discussing 3R15).

(discussing

48, r[ 50, 48, ,-r r[ 51 50, ,-r 51 (portion (portion discussing discussing 2R15), r[ 52 2R15), ,-r 52 (portion (portion discussing discussing 3R13),

3R13), and and ,-r,-r 54-55 54-55 are are true true and correct.

and correct.

12.

12. (KG) In (KG) In accordance accordance with with 10 10 C.F.R. 2.304(d), I1 declare C.F.R. §§ 2.304(d), declare under under penalty penalty of of perjury perjury that that the the foregoing is foregoing is true true and and correct correct to to the the best best of of my my knowledge, knowledge, information, information, and and belief.

belief.

Kimberly J. Gr n

~imberly.~reen@nk!.gov Kimberly.Green@n US NRC US NRC MS 0 1 1-F1 MS011-F1 Washington, DC Washington, DC 20555-0001 20555-0001 (301 ) 415-1627 (301) 41 5-1627 Executed on Executed on August August 16, 16, 2010 2010 in Rockville, in Rockville, MD.MD.

13.

13. (MY) In (MY) In accordance accordance with with 10 C.F.R. §3 2.304(d),

10 C.F.R. 2.304(d), I1 declare declare under under penalty penalty of of perjury perjury that that the the foregoing is foregoing is true true and and correct correct to to the the best best of of my my knowledge, knowledge, information, information, and and belief.

belief.

atthew G. Yoder Matthew.Yoder@nrc.gov Matthew.Yoder@nrc.gov US NRC US NRC MS 09-H6 MS 09-H6 Washington, DC Washington, DC 20555-0001 20555-0001 (301 ) 415-4017 (301) 41 5-4017 Executed on Executed on August August 16, 16, 2010 2010 in Rockville, in Rockville, MD.MD.

Statement of Professional Qualifications Kimberly J. Green, Senior Project Manager Branch 2, Division of License Renewal Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission Ms. Green is a nuclear engineer with over nineteen years of experience in safety analysis, design modifications, license renewal, and radiological controls. Her expertise includes regulatory analysis and the evaluation of licensing documentation, particularly in the area of license renewal reviews. She has been a contractor to the U.S. Nuclear Regulatory Commission and the U.S. Department of Energy. Her experience in the private industry has included performing safety analyses in support of steam generator replacements at commercial power plants. Ms. Green is currently the senior project manager for the Indian Point Nuclear Generating Unit Nos. 2 and 3 license renewal application.

EDUCATION B.S. Engineering, University of Maryland, College Park, MD, December 1989 Major: Nuclear Engineering Minor: Mechanical Engineering EXPERIENCE From 2006-Present, at the U.S. NRC, Ms. Green is the senior project manager for the safety review for the Indian Point Nuclear Generating Unit Nos. 2 and 3 license renewal application, responsible for the development and implementation of the project schedule and the safety evaluation report. Her primary work products include the issuance of requests for additional information, the draft and final safety evaluation reports, and meeting and telecon summaries. She was also a member of the audit teams which evaluated the scoping and screening methodology, and the aging management reviews and aging management programs. Ms. Green was the senior project manager for the safety review of the Diablo Canyon Nuclear Power Plant license renewal application and had the same responsibilities as for the Indian Point license renewal application. As a mechanical engineer, Ms. Green was a member of the scoping and screening methodology audit team for the Wolf Creek, Susquehanna and Shearon Harris license renewal applications. As an audit team member, she evaluated the scoping and screening methodology for the plant-specific license renewal application to determine if the methodology meets the intent of 10 CFR Part 54.

From 2000 to 2006, at Information Systems Laboratories, Inc., Ms. Green was a contractor to the U.S. NRC. In that capacity, she performed engineering evaluations of the main steam, feedwater, auxiliary feedwater, instrument air, emergency diesel generator, and fuel pooling cooling systems for the Peach Bottom, St. Lucie, Ginna, Millstone, and Pilgrim license renewal applications. She was the principle investigator for the Browns Ferry and Oyster Creek license renewal application safety reviews. Ms.

Green performed engineering evaluation of the severe accident mitigation alternative analysis required for license renewal for the following plants: Turkey Point, North Anna,

Surry, Peach Bottom, McGuire, Catawba, St. Lucie, Fort Calhoun, H.B. Robinson 2, Ginna, V.C. Summer plants, Dresden, Quad Cities, Farley, ANO-2, Browns Ferry, Millstone, Nine Mile Point, Brunswick, Monticello, Oyster Creek, Pilgrim, and Vermont Yankee. She participated in the onsite scoping and screening methodology audits at ANO-2 and Browns Ferry in support of license renewal. Additionally, she participated in the aging management program/aging management review audit for Dresden and Quad Cities in support of license renewal. Ms. Green has performed cost and regulatory analyses, specifically in support of the resolution of Generic Issue 189, for a modification to 10 CFR 50.44, and for a potential revision to 10 CFR 50.46, Appendix K. In support of an effort to risk inform byproduct and source material regulations, Ms. Green performed 14 cost-benefit analyses. She also reviewed two CE Owner's Group's submittals for extending the allowed outage time of the 125 Vdc and containment isolation valves, and provided input to the technical evaluation report.

From 1996 to 2000, at Scientech, Inc., Ms. Green performed risk analyses for byproduct material systems, including dose calculations and diamond tree analysis. She reviewed and characterized methodologies and codes cited in licensees UFSARs and licenses for incorporation in an NRC database. In support of litigation cases, Ms. Green reviewed D.C. Cooks containment sump design and performance after DBA, and she reviewed and characterized documents to support expert testimony on dose assessment and reconstruction. As a contractor to the U.S NRC, Ms. Green analyzed licensing commitments and regulatory requirements contained in the Millstone Unit 1 docket to develop an NRC database for the plants Current Licensing Basis (CLB).

From 1994 to 1996, at Digital Systems Research, Inc., now acquired by CACI, Ms.

Green provided support to Radiological Controls Program Advisor for Environmental Management at the U.S. DOE in the areas of radiological controls and health and safety.

She reviewed and provided technical assessment of facilities' radiological protection programs for adequacy and compliance with appropriate regulations (10 CFR 835, DOE Radiological Control Manual - DOE/EH-0256T, and DOE Order 5480.11).

From 1990 to 1994, at Bechtel Power Corporation, Ms. Green was a safety analysis engineer on the Steam Generator Replacement Core Team. In that capacity, she originated 10 CFR 50.59 safety evaluations for mechanical and civil design modifications that required interface with engineers from multiple disciplines as well as the client. She researched and developed position papers on the applicability of relevant regulatory issues such as long-term onsite storage of low-level waste, feedwater nozzle cracking/thermal stratification, leak-before-break, elimination of arbitrary intermediate breaks, and potential blockage of ECCS sump screens which required interface with industry organizations, legal firms, and the clients. She produced a technical study on various types of insulation used in containment at nuclear power plants. She also performed and reviewed mechanical calculations and nuclear design basis calculations dealing with radiation shielding and dose. In support to the companys foreign clients, she provided safety analysis support to nuclear power utilities in Brazil and Spain regarding mechanical design modifications and steam generator replacement.

Statement of Professional Qualifications Matthew G. Yoder, Senior Chemical Engineer, Chemical Engineering and Steam Generator Tube Integrity Branch, Division of Component Integrity, Office of Nuclear Reactor Regulation, U.S, Nuclear Regulatory Commission Summary Mr. Yoder is Senior Chemical Engineer in the Division of Component Integrity, Chemical Engineering and Steam Generator Tube Integrity Branch, in the Office of Nuclear Reactor Regulation. His official responsibilities include the technical, safety, and regulatory compliance reviews of a variety of chemistry and chemical engineering topics, including flow accelerated corrosion ("FAC") programs for applicants for license renewal, as well as how FAC is affected by power uprates.

Education: B.S. Chemical Engineering, Florida State University, Tallahassee, FL, 2002 Experience:

2007 - Present: Senior Chemical Engineer/Chemical Engineer, USNRC Headquarters Performed or supervised performance of reviews of multiple license renewal applications

("LRA"), including Three Mile Island Unit 1, Kewaunee Power Station, Prairie Island Units 1 and 2, Palo Verde Units 1, 2, and 3, and Susquehanna Steam Electric Station. Work on LRA includes, for the area of flow accelerated corrosion and component integrity, reviewing of applications and supplemental information, preparing requests for additional information, and preparing inputs for the Staff's safety evaluation report. Supervisory duties include acting as Branch Chief for several months, and providing management review of proposed technical reviews and findings. Reviews included consideration of the Staff's Standard Review Plan for License Renewal, NUREG-1801, "Generic Aging Lessons Learned (GALL) Report," NUREG-1800, "Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants GALL," and the industry's guideline EPRI NSAC-202L, Recommendations for an Effective Flow-Accelerated Corrosion Program. Duties also include updating the Staff's guidance documents.

In the area of power uprates, performed technical, safety, and regulatory review of license amendment requests ("LAR") to increase authorized power levels for sites including Browns Ferry Units 1, 2, and 3 and Millstone Unit 3. Work on power uprates included careful consideration of the impact of the requested changes on flow accelerated corrosion programs, including inspection frequencies, component replacements, changes in corrosion rate, and modeling in CHECWORKS. Reviews included consideration of RS-001 "Review Standard For Extended Power Uprates."

Other experience includes: evaluation of chemical effects and protective coatings related to Generic Safety Issue (GSI) 191, Assessment of Debris Accumulation on PWR Sump

Performance; audits of equipment vendors, engineering contractors, and licensees. Gave public presentations to industry groups, foreign regulators, and others on the issues associated with chemical effects and protective coatings. In addition, reviewed safety aspects of diesel fuel oil surveillance programs, microbiologically influenced corrosion issues, post-accident water chemistry and the affect on safety systems, reactor water cleanup systems, and neutron absorbing materials in the spent fuel pools.

2007: Technical Assistant to the Director of the Division of Component Integrity, USNRC Headquarters Provided direct expert support to the Division Director by assuring proper coordination of the Division's technical and regulatory activities related to materials and chemical engineering.

2005-2007: Materials Engineer, USNRC Headquarters Performed engineering evaluations on engineering issues including steam generator tube integrity, post-LOCA pH control, microbiologically influence corrosion, diesel fuel oil, and flow accelerated corrosion. Reviews included power uprates and license renewal.

2002-2005: Nuclear Safety Professional Development Program Performed rotational assignments in a variety of engineering disciplines, including chemical engineering, plant safety systems, fuel cycle, and inspection. Assignment to St. Lucie resident inspectors office to assist in performing routine baseline inspections.

UNITED STATES UNITED STATES OF OF AMERICA AMERICA NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION COMMISSION BEFORE THE BEFORE THE ATOMIC SAFETY AND ATOMIC SAFETY LICENSING BOARD AND LICENSING BOARD In the In the Matter Matter ofof )1

)i ENTERGY NUCLEAR ENTERGY NUCLEAR OPERATIONS, OPERATIONS, INC. INC. )) Docket Nos.

Docket Nos. 50-247-LR/50-286-LR 50-247-LRl50-286-LR

))

(Indian Point (Indian Point Nuclear Nuclear Generating Generating )1 Units 22 and Units and 3)3) ))

CERTIFICATE OF CERTIFICATE OF SERVICE SERVICE II hereby hereby certify certify that that copies copies of of the foregoing "NRC the foregoing "NRC STAFF'S STAFF'S ANSWER ANSWER TO TO APPLICANT'S APPLICANT'S MOTION FOR MOTION FOR

SUMMARY

DISPOSITION DISPOSITION OF OF RIVERKEEPER RIVERKEEPER TECHNICAL TECHNICAL CONTENTION CONTENTION 22 (FLOW-ACCELERATED CORROSION)

(FLOW-ACCELERATED CORROSION) WITH WITH ATTACHED ATTACHED AFFIDAVIT AFFIDAVIT OF OF KIMBERLY KIMBERLY J. J.

GREEN AND GREEN AND MATTHEW MATTHEW G. G. YODER YODER AND AND STATEMENTS STATEMENTS OF OF PROFESSIONAL PROFESSIONAL QUALIFICATION OF QUALIFICATION OF KIMBERLY KIMBERLY J. J. GREEN GREEN & MATTHEW G.

& MATTHEW G. YODER" YODER" dated dated August August 16, 16,2010 2010 have been have been served served upon upon the the following through deposit following through deposit in in the the NRC's NRC's internal internal mail mail system, system, with with copies by copies by electronic electronic mail, mail, as as indicated indicated byby an an asterisk, asterisk, or or by by deposit deposit inin the the U.S.

U.S. Postal Postal Service, Service, as indicated as indicated byby double double asterisk, asterisk, with with copies copies by by electronic electronic mail mail this this 16 1 6th' ~day day of of August, August, 2010:

2010:

Lawrence G.

Lawrence McDade, Chair*

G. McDade, Chair* Office of Office of Commission Commission Appellate Appellate Atomic Safety Atomic Safety and and Licensing Licensing Board Board Panel Panel Adjudication*

Adjudication*

Stop -- T Mail Stop Mail T-3 F23

-3 F23 U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Mail Stop:

Mail Stop: 0-16G4 0 - 16G4 Washington, D.C.

Washington, D.C. 20555-0001 20555-0001 Washington, Washington, DC DC 20555-0001 20555-0001 E-mail: Lawrence.McDade@nrc.gov E-mail: Lawrence.McDade@nrc.qov E-mail: OCAAMAIL.resource@nrc.gov E-mail: OCAAMAIL.resource@nrc.~ov Dr. Richard Dr. Richard E.E. Wardwell*

Wardwell* Office of Office of the the Secretary*

Secretary*

Atomic Safety Atomic Safety and and Licensing Licensing Board Board Panel Panel Attn: Rulemaking and Attn: Rulemaking and Adjudications Staff Adjudications Staff Stop -- T Mail Stop Mail T-3 F23

-3 F23 Mail Stop:

Mail Stop: 0-16G4 0-16G4 U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Washington, D.C.

Washington, D.C. 20555-0001 20555-0001 Washington, DC Washington, DC 20555-0001 20555-0001 E-mail: Richard.Wardwell@nrc.qov E-mail: Richard.Wardwell@nrc.qov E-mail: Hearing.Docket@nrc.gov E-mail: Hearing.Docket@nrc.gov Dr. Kaye Dr. Kaye D.

D. Lathrop**

Lathrop** Josh Kirstein, Josh Kirstein, Esq.*

Esq.*

Atomic Safety Atomic Safety and and Licensing Licensing Board Board Panel Panel Atomic Safety and Atomic Safety and Licensing Licensing Board Board Panel Panel 190 Cedar 190 Cedar Lane Lane E. E. Mail Stop Mail -

Stop - T-3 T-3 F23 F23 Ridgway, CO Ridgway, CO 81432 81432 U. S, U. S, Nuclear Nuclear Regulatory Regulatory Commission Commission E-mail: Kaye.Lathrop@nrc.gov E-mail: Kave.Lathrop@nrc.~ov Washington, D.C.

Washington, D.C. 20555-0001 20555-0001 Josh.Kirstein@nrc.aov E-Mail: Josh.Kirstein@nrc.gov E-Mail:

Atomic Safety and Atomic Safety and Licensing Licensing Board Board Panel*

Panel* John J.

John J. Sipos, Sipos, Esq.**

Esq.**

U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Charlie Donaldson, Charlie Donaldson, Esq. Esq.

Mail Stop:

Mail Stop: T-3 T-3 F23 F23 Assistants Assistants Attorney General Attorney General Washington, DC Washington, DC 20555-0001 20555-0001 New York New State Department York State Department of of Law Law (Via Internal (Via Internal Mail Mail Only)

Only) Environmental Protection Environmental Protection Bureau Bureau The Capitol The Capitol Albany, Albany, NY NY 12224 12224 E-mail: john.sipos@oag.state.ny.us E-mail: john.sipos@oag.state.ny.us Kathryn M.

Kathryn M. Sutton, Esq.**

Sutton, Esq.** Mylan L Mylan L. Denerstein, Denerstein, Esq.**

Esq.**

Paul M.

Paul M. Bessette, Bessette, Esq.

Esq. Janice A.

Janice Dean, Esq.

A. Dean, Esq.

Morgan, Lewis Morgan, Lewis & & Bockius, Bockius, LLP LLP Executive Deputy Executive Deputy Attorney General, Attorney General, 1111 Pennsylvania 1111 Pennsylvania Avenue, NW Avenue, NW Social Justice Social Justice Washington, D.C.

Washington, D.C. 20004 20004 Office of Office of the the Attorney Attorney General General E-mail: ksutton@morganlewis.com E-mail: ksutton@morqanlewis.com of the of the State State of of New New YorkYork E-mail: pbessette@morganlewis.com th Floor E-mail: pbessette@morganlewis.com 120 Broadway, 120 Broadway, 25 251h Floor E-mail:jrund@morsanlewis.com E-mail: jrund@morqanlewis.com New York, New NY 10271 York, NY 10271 E-mail: mylan.denerstein@oag.state.ny.us E-mail: mvlan.denerstein@oas.state.nv.us E-mail: janice.dean@aq.nv.gov E-mail: janice.dean@ag.ny.gov Martin J.

Martin O'Neill, Esq.**

J. O'Neill, Esq.** Phillip Musegaas, Phillip Musegaas, Esq.**

Esq.**

Morgan, Lewis Morgan, Lewis & & Bockius, Bockius, LLP LLP Deborah Brancato, Deborah Brancato, Esq.

Esq.

1000 Louisiana 1000 Louisiana Street, Street, Suite Suite 4000 4000 Riverkeeper, Inc.

Riverkeeper, Inc.

Houston, TX Houston, TX 77002 77002 828 South 828 South Broadway Broadway E-mail: martin.o'neill@morqanlewis.com E-mail: martin.o.neill@morganlewis.com Tarrytown, NY Tarrytown, NY 10591 10591 E-mail: phiIlip@riverkeeper.org E-mail: phillip@riverkeeper.org E-mail: dbrancato@riverkeeper.org E-mail: dbrancato@riverkeeper.orq Elise N.

Elise N. Zoli, Zoli, Esq.**

Esq.** Joan Leary Joan Leary Matthews, Matthews, Esq.**

Esq.**

Goodwin Procter, Goodwin Procter, LLP LLP Senior Attorney Senior Attorney for Special Projects for Special Projects Exchange Place Exchange Place New York New State Department York State Department of of 53 State 53 State Street Street Environmental Conservation Environmental Conservation Boston, MA Boston, MA 02109 02109 Office of Office of the the General General Counsel Counsel E-mail: ezoli@goodwinprocter.com E-mail: ezoli@qoodwinprocter.com 625 Broadway, 625 Broadway, 14th 1 4 ' ~Floor Floor Albany, Albany, NY NY 12233-1500 12233-1500 E-mail: jlmatthe@qw.dec.state.ny.us E-mail: jlmatthe@gw.dec.state.ny.us William C.

William C. Dennis, Dennis, Esq.**

Esq.** John Louis John Louis Parker, Parker, Esq.**

Esq.**

Assistant General Counsel Assistant General Counsel Office of Office of General General Counsel, Counsel, Region Region 33 Entergy Nuclear Entergy Nuclear Operations, Operations, Inc.

Inc. New York New York State State Department Department of of 440 Hamilton 440 Hamilton Avenue Avenue Environmental Conservation Environmental Conservation White Plains, White Plains, NY NY 10601 10601 21 South 21 South Putt Putt Corners Corners RoadRoad E-mail: wdennis@entergy.com E-mail: wdennis@enterav.com New Paltz, New Paltz, NY NY 12561-1620 12561-1620 E-mail: jl~arker@aw.dec.state.nv.us E-mail: jlparker@qw.dec.state.ny.us

Manna Jo Manna Jo Greene**

Greene** Michael J.

Michael J. Delaney, Delaney, Esq.**

Esq.**

Hudson River Hudson River Sloop Sloop Clearwater, Clearwater, Inc.

Inc. President -- Energy Vice President Vice Energy Department Department 112 Little 112 Little Market Market Street Street New York New City Economic York City Economic Development Development Poughkeepsie, NY Poughkeepsie, NY 12601 12601 Corporation (NYCDEC)

Corporation (NYCDEC)

E-mail: Mannajo@clearwater.org E-mail: Mannaio@cIearwater.org 110 William 110 William Street Street New York, New York, NYNY 10038 10038 E-mail: rndelaney@nycedc.com E-mail: mdelaney@nvcedc.com Ross H.

Ross H. Gould, Gould, Esq.**

Esq.** Justin D.

Justin D. Pruyne, Pruyne, Esq.**

Esq.**

10 Park 10 Park Ave, 5L Ave, 5L Assistant County Attorney Assistant County Attorney New York, New York, NYNY 10016 10016 Office of Office of the the Westchester Westchester County County Attorney Attorney E-mail: rgouldesq@grnail.com E-mail: rqouldesq@qmail.com 148 Martine Avenue, 148 Martine Avenue, 6 6th th Floor Floor White Plains, White Plains, NY NY 10601 10601 E-mail: jdp3@westchester~ov.com E-mail: jdD3@westchestergov.com E-mail: g E-mail: s s l @westchestergov.com gss1@westchestergov.com Daniel E.

Daniel O'Neill, Mayor**

E. O'Neill, Mayor** Robert Snook, Robert Snook, Esq.**

Esq.**

James Seirmarco, James Seirmarco, M.S.

M.S. Office of Office of the the Attorney General Attorney General Village of Village of Buchanan Buchanan State of State of Connecticut Connecticut Municipal Building Municipal Building 55 Elm 55 Elm Street Street Buchanan, NY Buchanan, NY 10511-1298 10511-1298 P.O. Box P.O. Box 120 120 E-mail: vob@bestweb.net E-mail: vob@.bestweb.net Hartford, CN Hartford, CN 06141-0120 06141-0120 E-mail: srnurray@villageofbuchanan.com E-mail: smurrav~villaqeofbuchanan.com E-mail: robert.snook@ct.qov E-mail: robert.snook@ct.gov Daniel Riesel, Daniel Riesel, Esq**

Esq**

Thomas F.

Thomas F. Wood, Wood, Esq.

Esq.

Ms. Jessica Ms. Jessica Steinberg, Steinberg, J.D.

J.D.

Sive, Pqget Sive, Pqget & Riesel, P.C.

& Riesel, P.C.

460 Park 460 Park Avenue Avenue New York, New York, NYNY 10022 10022 E-mail: driesel@sprlaw.com E-mail: driesel@sprlaw.com E-mail: ~steinberq@,sprlaw.corn E-mail: jsteinberg@sprlaw.com

/-"

David E.

David E. Roth Roth Counsel for Counsel for NRC NRC Staff Staff U.S. Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Office of Office of the the General General Counsel Counsel Stop -- 0-15D21 Mail Stop Mail 0 - 1 5D21 Washington, DC Washington, DC 20555 20555 Telephone: (301)

Telephone: (301) 415-2749 415-2749 E-mail: david.roth@nrc.gov E-mail: david.roth@nrc.gov