ML12040A354

Riverkeeper, Inc.'S Response to Atomic Safety and Licensing Board Request for Information

ML12040A354
Person / Time
Site:	Indian Point
Issue date:	02/09/2012
From:	Brancato D, Musegaas P Riverkeeper
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21888, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12040A354 (7)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of ) Docket Nos.

) 50-247-LR Entergy Nuclear Operations, Inc. ) and 50-286-LR (Indian Point Nuclear Generating )

Units 2 and 3) ) February 9, 2012

___________________________________________ )

RIVERKEEPER, INC.S RESPONSE TO ATOMIC SAFETY AND LICENSING BOARD REQUEST FOR INFORMATION Riverkeeper, Inc. (Riverkeeper) hereby responds to the Atomic Safety and Licensing Boards (ASLB) request for information issued via an order to the parties dated February 3, 2012. 1 Riverkeeper hereby advises the ASLB to the following issues or potential issues that, to Riverkeepers current knowledge may have the potential to further delay this proceeding 2:

• As both NRC Staff and Entergy have also acknowledged, on February 6, 2012, the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) finalized the listing of Atlantic sturgeon in the New York Bight Distinct Population Segment as endangered under the Endangered Species Act. 3 It is Riverkeepers understanding, and NRC Staff has conceded, that this development will necessitate formal consultation pursuant to Section 7 of the Endangered Species Act. 4 1

In the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos.

50-247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BD01, Order (Requesting Information from the NRC Staff and All Participants), February 3, 2012).

2 Id. at 2.

3 National Oceanic and Atmospheric Administration, National Marine Fisheries Service, RIN 0648-XJ00, Docket No. 100903414-1762-02, Endangered and Threatened Wildlife and Plants; Threatened and Endangered Status for Distinct Population Segments of Atlantic Sturgeon in the Northeast Region, 77 Fed. Reg. 5,880 (Feb. 6, 2012).

4 See Endangered Species Act of 1973 § 7(a)(3), 16 U.S.C. § 1536(a)(3) (a Federal agency shall consult with the Secretary on any prospective agency action . . . if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely affect such species.); 50 C.F.R. § 402.14(a) (Each Federal agency shall review its actions at the earliest 1

Depending on how the parties to the proceeding move forward in light of NMFS final rule, this development may result in Riverkeeper filing new contentions, which would cause a potential delay in the resolution of the proceedings. Furthermore, this new development also will likely have an effect upon the resolution of Riverkeepers existing contention related to endangered species, RK-EC-8, and may result in the filing of an amended contention. Though RK-EC-8 is currently being held in abeyance pending NRC Staffs issuance of a supplement to the environmental impact statement related to the license renewal of Indian Point, 5 it remains unclear how long it will take to complete necessary consultation procedures; accordingly, NMFS new listing has the potential to delay the adjudication of RK-EC-8, and/or the proceedings in general. Finally, this new development also has implications for the adjudication of Riverkeeper and Clearwaters consolidated contention RK-EC-3/CW-EC-1, related to radiological leaks. As such, additional time may be necessary to appropriately account for the new information related to Atlantic sturgeon in revised hearing submissions.

possible time to determine whether any action may affect listed species or critical habitat. If such a determination is made, formal consultation is required. . .); Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG-1437, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, at 4-57 to 4-59 (Atlantic sturgeon (A. oxyrinchus) also occurs in the [Hudson] river. . . . Recent work by Sweka et al.

(2007) suggests that a substantial population of juvenile Atlantic sturgeon is present in Haverstraw Bay. . . .

Corrected impingement data. . .shows that both species of sturgeon have been impinged at IP2 and IP3, with impingement of Atlantic sturgeon accounting for the largest losses. . . . Impingement of Atlantic sturgeon was much greater than that observed for shortnose sturgeon).

See also In the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos. 50-247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BD01, NRC Staffs Statement in Response to the Atomic Safety and Licensing Boards Order of February 3, 2012 (February 8, 2012) at 2-3 (The Staff expects to communicate with NMFS and to reinitiate consultations regarding this development under Section 7 of the ESA).

5 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos.

50-247-LR and 50-286-LR, ASLBP No. 07-858-03-LR-BD01, Order (December 14, 2011), at 2 (the initial evidentiary submissions of Riverkeeper relating to Contention RK-EC-8 are also held in abeyance pending further order of this Board in light of the Staffs announcement that a draft supplement to its Final Supplemental Environmental Impact Statement that addresses issues raised in this contention is expected to be issued in draft form in May 2012).

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• Riverkeepers expert Mr. Arnold Gundersen will be unavailable due to prior business commitments during certain weeks in March and April. In addition, Mr. Gundersen will be on business out of the country for upwards of a month sometime in May and/or June of this year. The details of this trip have yet to be finalized, and so a precise timeframe for Mr.

Gundersens unavailability is not yet known. Mr. Gundersens prospective unavailability may limit Riverkeepers ability to file revised testimony depending on the deadline for such submissions.

• Due to Riverkeepers limited resources, and depending on the volume and content of Entergy and NRC Staffs submissions of initial statements of position, testimony, and exhibits, Riverkeeper may request more than the currently allotted 60 days to file revised statements of position, testimony, and exhibits.

• Riverkeeper further notes that it is an active participant in ongoing state proceedings associated with the operation of Indian Point, including the Clean Water Act § 401 Water Quality Certification proceeding pending before the New York State Department of Environmental Conservation, which stems directly from the Indian Point license renewal proceeding. The parties to this state proceeding are currently engaged in hearing and briefing activities, which will continue into the foreseeable future.

To the extent any additional matters become known, which to Riverkeepers knowledge may have the potential to result in a delay of the proceedings, Riverkeeper will advise the ASLB accordingly.

3

Respectfully submitted, Signed electronically (by Deborah Brancato)

Deborah Brancato, Esq.

Phillip Musegaas, Esq.

Riverkeeper, Inc.

20 Secor Road Ossining, NY 10562 (914) 478-4501 dbrancato@riverkeeper.org phillip@riverkeeper.org 4

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of ) Docket Nos.

) 50-247-LR Entergy Nuclear Operations, Inc. ) and 50-286-LR (Indian Point Nuclear Generating )

Units 2 and 3) ) February 9, 2012

____________________________________________ )

CERTIFICATE OF SERVICE I certify that on February 9, 2012, copies Riverkeeper, Inc.s Response to Atomic Safety and Licensing Board Request for Information, was served on the following by NRCs Electronic Information Exchange:

Lawrence G. McDade, Chair Judge Kaye D. Lathrop Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 190 Cedar Lane East Washington, D.C. 20555 Ridgeway, CO 81432 E-mail: Lawrence.McDade@nrc.gov E-mail: Kaye.Lathrop@nrc.gov Richard E. Wardwell Michael J. Delaney Atomic Safety and Licensing Board Department of Environmental Protection U.S. Nuclear Regulatory Commission 59-17 Junction Boulevard Washington, D.C. 20555 Flushing NY 11373 E-mail: Richard.Wardwell@nrc.gov E-mail: mdelaney@dep.nyc.gov (718) 595-3982 John J. Sipos, Esq. Kathryn M. Sutton, Esq.

Assistant Attorney General Paul M. Bessette, Esq.

Office of the New York Attorney General Jonathan M. Rund, Esq.

for the State of New York Morgan, Lewis & Bockius, LLP The Capitol 1111 Pennsylvania Ave. N.W.

Albany, NY 12224 Washington, D.C. 20004 E-mail: John.Sipos@oag.state.ny.us E-mail:

pbessette@morganlewis.com ksutton@morganlewis.com jrund@morganlewis.com 1

Josh Kirstein, Martin J. ONeill, Esq.

Law Clerk Morgan, Lewis & Bockius, LLP Anne Siarnacki 1000 Louisiana Street, Suite 4000 Law Clerk Houston, TX 77002 Atomic Safety and Licensing Board Panel E-mail: martin.oneill@morganlewis.com U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Josh.Kirstein@nrc.gov anne.siarnacki@nrc.gov Janice A. Dean, Esq. Office of Commission Appellate Adjudication Assistant Attorney General U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C. 20555 120 Broadway, 26th Floor E-mail: OCAAMAIL@nrc.gov New York, NY 10271 E-mail: Janice.dean@oag.state.ny.us Office of the Secretary William C. Dennis, Esq.

Rulemakings and Adjudications Staff Entergy Nuclear Operations, Inc.

U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, D.C. 20555 White Plains, NY 10601 E-mail: HEARINGDOCKET@nrc.gov E-mail: wdennis@entergy.com Stephen C. Filler, Board Member Manna Jo Greene Hudson River Sloop Clearwater, Inc. Karla Raimundi 724 Wolcott Ave Hudson River Sloop Clearwater, Inc.

Beacon, New York 12508 724 Wolcott Ave E-mail: sfiller@nylawline.com Beacon, New York 12508 E-mail: Mannajo@clearwater.org karla@clearwater.org Melissa-Jean Rotini, of counsel Joan Leary Matthews, Esq.

Assistant County Attorney Senior Attorney for Special Projects Office of Robert F. Meehan, Westchester New York State Department County Attorney of Environmental Conservation 148 Martine Avenue, 6th Floor 625 Broadway, 14th floor White Plains, NY 10601 Albany, New York 12233-5500 E-mail: MJR1@westchestergov.com E-mail: jlmatthe@gw.dec.state.ny.us Elise N. Zoli, Esq. Thomas F. Wood, Esq.

Goodwin Procter, LLP Daniel Riesel, Esq.

53 State Street Victoria Shiah Boston, MA 02109 Sive, Paget and Riesel, P.C.

E-mail: ezoli@goodwinprocter.com 460 Park Avenue New York, NY 10022 E-mail: driesel@sprlaw.com vshiah@sprlaw.com 2

Robert D. Snook, Esq. John L. Parker, Esq.

Assistant Attorney General Regional Attorney, Region 3 55 Elm Street, P.O. Box 120 New York State Department of Hartford, CT 06141-0120 Environmental Conservation E-mail: Robert.Snook@po.state.ct.us 21 South Putt Corners New Paltz, NY 12561 E-mail: jlparker@gw.dec.state.ny.us Sherwin E. Turk Sean Murray, Mayor Beth N. Mizuno Village of Buchanan Brian G. Harris Municipal Building David E. Roth 236 Tate Avenue Andrea Z. Jones Buchanan, NY 10511-1298 Office of General Counsel E-mail: vob@bestweb.net, Mail Stop: 0-15D21 SMurray@villageofbuchanan.com, U.S. Nuclear Regulatory Commission Administrator@villageofbuchanan.com Washington, D.C. 20555-0001 E-mail:

Sherwin.Turk@nrc.gov Beth.Mizuno@nrc.gov brian.harris@nrc.gov David.Roth@nrc.gov andrea.jones@nrc.gov Signed (electronically) by Deborah Brancato Deborah Brancato February 9, 2012 3