ML072060503

Y020070166 - Tendered Application for Relicensure by Entergy Nuclear IP LLCs for Operating Licenses Nos. DPR-26 & DPR-64

ML072060503
Person / Time
Site:	Indian Point
Issue date:	07/25/2007
From:	Pham B M NRC/NRR/ADRO/DLR/REBB
To:	Sipos J J State of NY, Office of the Attorney General
Pham B, NRR/DLR/REBB, 415-8450
Shared Package
ML072060480	List: ML072060503
References
TAC MD6055, TAC MD6056, Y020070166
Download: ML072060503 (4)

Text

July 25, 2007Mr. John J. SiposAssistant Attorney General State of New York The Capitol Albany, NY 12224

Dear Mr. Sipos:

I am responding to your letter dated July 13, 2007, regarding the License Renewal Application(LRA) for Indian Point Nuclear Generating Units Nos. 2 and 3, submitted by Entergy Nuclear Operations, Inc. (Entergy), on April 23, 2007. In your letter, you requested that the NRC not docket or process the LRA and you urged the NRC to require Entergy to supplement the application, based upon your view that the LRA does not comply with Section 54.13 of Title 10 of the Code of Federal Regulations (10 CFR 54.13). You further stated that apreliminary review by your office revealed several inadequacies in the LRA, specifically pertaining to the General Design Criteria (GDC) of Appendix A to 10 CFR Part 50 and the analyses as presented in the applicant's Environmental Report (ER). The NRC staff has carefully reviewed the concerns raised in your letter, and considered themduring our acceptance review. However, the NRC staff has determined that the applicant has submitted sufficient information in accordance with 10 CFR Sections 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c), to enable the staff to undertake a review of the application, and that the application is therefore acceptable for docketing. Nevertheless, the NRC staff's acceptance determination does not constitute a determination that a renewed license should be issued, and does not preclude the staff from submitting such requests for additional information as the staff may determine are appropriate or necessary, as its review proceeds.With respect to your concerns regarding the GDC and the adequacy of the applicant's licensingbasis, the Commission considered this in developing the license renewal rule (10 CFR Part 54),

as these requirements are based on two key principles:1)The regulatory process is adequate to ensure that currently operating plants willcontinue to maintain adequate levels of safety during the period of extended operation, with the possible exception of detrimental effects of aging on certain systems, structures and components, and a few other issues that may arise during the period of extended operation; and2) Each plant's licensing basis is required to be maintained during the renewal termin the same manner and to the same extent as during the original licensing term.In its statement of considerations for the revised license renewal rule in 10 CFR Part 54, theCommission determined that "if a renewed license is granted, those [CLB] documents continue J. Sipos- 2 -to remain subject to NRC inspection and audit throughout the term of the renewed license. TheCommission continues to believe that resubmission of the documents constituting the CLB is unnecessary." Therefore, a licensee's plant-specific design-basis information, as documented in the most recent Updated Final Safety Analysis Report, would continue to be applicable duringthe period of extended operation if the license is renewed. The NRC frequently updates its regulations as a result of improvements to technology and based on operating experience.

When requirements are changed, the NRC evaluates the new requirements to determine whether a basis exists to impose the changes on licensees. In addition, while we understand your assertion that the information and analyses presented inthe ER concerning severe accidents, alternatives, land use, and once-through cooling system were not adequately comprehensive, the NRC staff has determined that the applicant has submitted sufficient information in accordance with 10 CFR Sections 51.45, and 51.53(c), to enable the staff to undertake a review of the ER. Nevertheless, with respect to these concerns, the staff's environmental review process involves an environmental site audit and other opportunities to request additional information to supplement the ER, as necessary. The information you presented in your letter and the information provided by Riverkeeper (Agencywide Documents Access and Management System Accession No. ML071730115), will be considered by the staff during its review to ensure that the NRC's environmental impact statement for license renewal is based upon the appropriate data. To this end, the points you set forth in your letter regarding the ER will also be considered, as appropriate, as environmental scoping comments during the staff's preparation of an environmental impact statement.In conclusion, I wish to assure you that the NRC understands the concerns raised in your letter,and has considered the applicability of your comments during its acceptance review; further, your comments will also be considered, as appropriate, during the staff's environmental review process. Sincerely,/RA/Bo M. Pham, Senior Project ManagerEnvironmental Branch B Division of License Renewal Office of Nuclear Reactor Regulation

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Letter to J. Sipos from B. Pham, dated July 25, 2007

SUBJECT:

RESPONSE LETTER TO J. SIPOS (Y020070166)DISTRIBUTION:HARD COPY: DLR RFE-MAIL:PUBLICRidsEdoMailCenter RidsSecyMailCenter RidsOgcMailCenter RidsNrrWpcMail RidsRgn1MailCenter RidsNrrDlr RidsNrrDlrRlra RidsNrrDlrRlrb RidsNrrDlrRlrc RidsNrrDlrReba RidsNrrDlrRebb

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BPham RFranovich KGreen JCaverly RAuluck MKowal JBoska ECobey, RI GMeyer, RI MMcLaughlin, RI NMcNamara, RI RBarkley, RI GBowman, RI CHott, RI RConte, RI MCox, RI DJackson, RI BWittick, RI NSheehan, RI OPA DScrenci, RI OPA SBurnell, OPA DMcIntyre, OPA RShane, OCA UShoop, OEDO LRakovan, OEDO