ML15274A488

NRC Staff 44th Status Report

ML15274A488
Person / Time
Site:	Indian Point
Issue date:	10/01/2015
From:	Turk S E NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 28339, ASLBP 07-858-03-LR-BD01, 50-247-LR, 50-286-LR
Download: ML15274A488 (12)

Text

October 1, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) ENTERGY NUCLEAR OPERATIONS, INC.

) Docket Nos. 50

-247-LR/286-LR ) (Indian Point Nuclear Generating ) Units 2 and 3)

) NRC STAFF'S 44th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Board's ("Board") "Order (Granting NRC Staff's Unopposed Time Extension Motion and Directing Filing of Status Updates)

" ("Order")

, issued on February 16, 2012, the N RC Staff ("Staff") herewith provides its 44th monthly status report to the Board

. Safety Issues

1. Track 2 Safety Issues

. On November 6, 2 014, the Staff issued Supplement 2 to the Safety Evaluation Report ("SER") related to license renewal of Indian Point Units 2 and 3 ("IP2/IP3").1 Therein, the Staff addressed changes made to the license renewal application ("LRA") through Amendment 14; 2 revisions to the IP2 Updated Final Safety Analysis Report

1 See (1) Letter from Sherwin E. Turk, Esq. to the Board (Nov. 7, 2014); (2) Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy)

(Nov. 6, 2014) (ADAMS Accession No. ML14288A608); (3)

"Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 2," NUREG

-1930, Supp. 2 (Nov. 2014) ("SER Supplement 2" or "SSER2")

(ADAMS Accession No. ML14310A803).

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

("UFSAR");

3 information provided by Entergy Nuclear Operations, Inc. ("Entergy" or "Applicant")

in response to Staff requests for additional information ("RAIs") following the issuance of SER Supplement 1;4 and the Staff's evaluation of the IP2/IP3 Reactor Vessel Internals ("RVI") Aging Management Program and Inspection Plan ("AMP"), which relates to Contention NYS

-25.5 On March 31, 2015, the Board granted the State of New York's ("New York")

and Riverkeeper, Inc.'s motions to supplement the bases for Contention s NYS-25 and NYS

-38/ RK-TC-5).6 In accordance with the Board's Revised Scheduling Order of December 9, 2014

,7 as modified on May 27, 2015, 8 New York and Riverkeeper filed revised statements of position, written testimony with affidavits, and exhibits on June 9, 2015

Entergy and the Staff filed new or revised statements of position, written testimony with affidavits, and exhibits on August 10, 2015; New York and Riverkeeper filed rebuttal testimony, exhibits and revised statements of position on September 9, 2015, On September 21, 2015

, Entergy filed a motion to strike portions of the Intervenors' rebuttal filings; 9 answers to that motion are due October 1, 2015.

3 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, "Indian Point Energy Center Letters to NRC, License Renewal Application, dated April 23, 2007," NL 130 (Sept. 26, 2013) (ADAMS Accession No. ML13269A452).

4 "Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Plant Units 2 and 3," NUREG

-1930, Supp. 1 (Aug, 2011) ("SER Supplement 1").

5 On April 23, 2015, the Staff briefed a Subcommittee of the Advisory Committee on Reactor Safeguards ("ACRS") on SSER 2 and other developments since issuance of the SER in 2009.

See ACRS Plant License Renewal Subcommittee

, Meeting Agenda (Apr. 23, 2015) (ADAMS Accession No.

ML15107A233

). 6 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3)

, "Memorandum and Order (Granting Motions for Leave to File Amendments to Contentions NYS

-25 and NYS-38/ RK-TC-5)" (Mar. 31, 2015).

7 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 a nd 3),"Revised Scheduling Order" (Dec. 9, 2014), at 2.

8 "Order (Granting New York's Motion for an Eight

-Day Extension of the Filing Deadline) (May 27, 2015). 9 "Entergy's Motion to Strike and Motion in Limine to Exclude Portions of the Intervenors' Rebuttal Filings on Track 2 Safety Contentions" (Sept. 21, 2015).

On September 23, 2015, New York filed a motion requesting leave to file two additional exhibits and supplemental testimony;10 answers to New York's motion are due October 5, 2015.

Proposed Board questions

, motions for leave to conduct cross

-examination and cross-examination plans are due by October 9, 2015

.11 A prehearing conference is to be held during the week of October 25 or the week of November 1, 2015;12 evidentiary hearings are scheduled to be held in Tarrytown, NY, during the week of November 16-20, 2015.13 2. Other Safety Issues. New York has filed a petition for interlocutory review of the Board's Order denying its motion to withdraw the proprietary designation of five documents;14 responses were filed by Entergy, the Staff and Westinghouse on September 8, 2015. The Staff is reviewing issues associated with two recent Interim Staff Guidance ("ISG") documents (LR-ISG-2012-02 and LR

-ISG-2013-01).15 The Staff has not yet determined whether these matters will be addressed in a n SER Supplement

the Staff will provide further information to the Board regarding these issues when available.

10 "State of New York Motion for Leave to File Two NRC Documents as Additional Exhibits Along with Pre-Filed Supplemental Testimony" (Sept. 23, 2015).

11 Revised Scheduling Order (Dec. 9, 2014) at 2-3. 12 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3),

"Notice (Track 2 Hearing Venue)

" (Oct. 1, 2015)

. 13 See Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3),

"Notice of Hearing)"

(Apr. 23, 2015); "Notice (Track 2 Hearing Venue)

" (Oct. 1, 2015)

. 14 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3),

"Order (Denying New York Motion to Withdraw Proprietary Designation)" (July 20, 2015).

15 See (1) Notice of Issuance, Interim Staff Guidance; LR

-ISG-2012-02; "Aging Management of Internal Surfaces, Fire Water Systems, Atmospheric Storage Tanks, and Corrosion under Insulation,"

78 Fed. Reg. 70,076 (Nov. 22, 2013); (2) Notice of Issuance, Interim Staff Guidance; LR

-ISG-2013-01; "Aging Management of Loss of Coating or Lining Integrity for Internal Coatings/ Linings on In

-Scope Piping, Piping Components, Heat Exchangers, and Tanks," 79 Fed. Reg. 68,308 (Nov. 14, 2014).

Environmental Issues

3. FSEIS Supplement

. There has been no change in this item since the Staff filed its previous status report. As stated previously, the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement

("FSEIS")

for license renewal of IP2 and IP3,16 which will address new information received by the Staff since preparation and publication of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013

. The matters to be addressed in this FSEIS supplement include Entergy's May 6, 2013 submittal of revised engineering project cost information for severe accident mitigation alternatives (

"SAMAs"); Entergy's February 19, 2014 submittal of new aquatic impact information

the June 2013 revision of 10 C.F.R. Part 51, Table B

-1, and the Generic Environmental Impact Statement ("GEIS") for license renewal

17 the September 2014 amendment of 10 C.F.R.

§ 51.23(b) regarding the continued storage of spent nuclear fuel

18 the U.S. Fish and Wildlife Service's recent listing of the northern long

-eared bat as an threatened species;19 and other matters.

As 16 "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report," NUREG-1437, Supplement 38 (Dec. 2010) ("FSEIS") (Ex. NYS000133A

-J). 17 See (1) NUREG

-1437, Revision 1, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants" (NUREG

-1437, Rev. 1) (June 2013);

and (2) NUREG

-1437, Volumes 1

-2: Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) (Exh. NYS000131A

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

ML15089A338).

18 See also, NUREG-2157, "Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel, Final Report," Vols. 1

-2 (Sept. 2014)

(ADAMS Accession No

s. ML14196A105 and ML14196A107)

. Petitions seeking judicial review of the Continued Storage Rule ("CSR") and related environmental impact statement have been filed.

See, e.g., State of New York v. NRC, Case No. 14-1210 (D.C. Cir., Oct.. 31, 2014) (consolidating appeals) (ADAMS Accession No. ML14317A789)

. 19 80 Fed. Reg. 17,973 (Apr. 2, 2015).

previously stated

,20 the Staff expects to issue the Draft FSEIS Supplement in January 2016 and the Final FSEIS Supplement in September 2016. 4. Contention NYS

-35/36. There has been no change in this item since the Staff filed its previous status report. On July 14, 2011, the Board issued LBP 17, granting summary disposition on Contention NYS

-35/36 (Implementation of Cost-Beneficial SAMAs) in favor of New York.21 On February 18, 2015, the Commission granted the Staff a nd Entergy's petitions for review of the Board's rulings on Contention NYS

-35/36, and instructed the Staff to respond to four related questions

.22 In accordance with the Commission's Order, the Staff filed its response on March 30, 2015;23 reply briefs were filed by Entergy and New York on May 11, 2015. In May 2013, the Applicant submitted a letter to the Staff (NL 075), reporting the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives ("SAMAs") that previously had been identified as potentially cost

-beneficial

.24 The Applicant noted

, inter alia

, that it was submitting the information "to support resolution of certain issues identified by the Board" in LBP-11-17. On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning it s refined engineering project cost information; the Applicant

20 Letter from Sherwin E. Turk to the Board (June 18, 2015), enclosing letter from Christopher G. Miller, Director, Division of License Renewal, Office of Nuclear Reactor Regulation (NRC), to Vice President, Operations (Entergy)

, dated June 11, 2015 (ADAMS Accession No. ML15147A199)

. 21 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), LBP 17, 74 NRC 11, petition for review granted, CLI-15-3, 81 NRC 217 (Feb. 18, 2015). 22 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI 3, 81 NRC 217 (Feb. 18, 2015).

23 "NRC Staff's Response to the Commission's Memorandum and Order of February 18, 2015 (CLI-15-3), Regarding Contention NYS

-35/36" (Mar. 30, 2015).

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

submitted it s responses on November 20, 2014

.25 As stated previously, the Staff plans to present its evaluation of the Applicant's revised SAMA cost informati on in the upcoming draft FSEIS Supplement

.26 In accordance with the Board's Order of July 9, 2013, "adjudicatory submissions based on NL 13 075 are due no later than 60 days after the Staff issues its draft FSEIS supplement or an equivalent document discussing its review of NL 13 075. . . ."27 The Staff will provide further information to the Board regarding this issue when available.

5. Contention NYS

-12C (SAMAs)

. There has been no change in this item since the Staff filed its previous status report.

On February 14, 2014, New York filed a petition for Commission review of the Board's decision in LBP 13,28 concerning its resolution of Contention NYS

-12C;29 on April 28, 2014, New York filed a petition for review of the Board's Order denying its motion to reopen and reconsider that decision

.30 On February 18, 2015, the Commission grant ed New York's petition for review and direct ed the parties to respond to eight 25 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (

NL-14-143) (Nov. 20, 2014) (ADAMS Accession No.

ML14337A042). 26 See Letter from Sherwin E. Turk, Esq., to the Board (July 15, 2014); Tr. at 4598; "Indian Point Nuclear Generating Units 2 and 3; Entergy Nuclear Operations, Inc., License Renewal Application; Intent to Prepare A Second Supplement to Final Supplemental Environmental Impact Statement," 79 Fed. Reg. 52,058 (Sept.

2, 2014).

27 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3),

"Order (Granting Entergy's Motion [for] Clarification)" (July 9, 2013), at 3.

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

29 "State of New York Petition for Review of Atomic Safety and Licensing Board Decision LBP-13-13 With Respect to Consolidated Contention NYS

-12C" (Feb. 14, 2014).

On March 9, 2015, the Commission issued a Memorandum and Order resolving the Staff's, Entergy's and Hudson River Sloop Clearwater's petitions for review of other portions of LBP 13. See Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-6, 81 NRC 340 (Mar. 9, 2015) (reversing the Board's resolution of Contention NYS

-8 (Transformers), and reversing in part, and affirmin g in part, its resolution of Contention CW

-EC3A (Environmental Justice

). 30 See (1) "State of New York Petition for Review of Atomic Safety and Licensing Board's April 1, 2014 Decision Denying the State's Motion to Reopen the Record and for Reconsideration of the Board's November 27, 2013 Partial Initial Decision Concerning Consolidated Contention NYS

-12C" (Apr. 28, 2014); (2) "Order (Denying New York's Motion to Reopen the Record; Setting Deadline for New or Amended Contention)" (Apr. 1, 2014).

related questions.31 In accordance with the Commission's Order, initial briefs were filed by the Staff, Entergy

, New York, and the State of Connecticut on March 30, 2015; reply briefs were filed by the Staff, Entergy and New York on April 29, 2015

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

(a) Previous Reviews

. On June 12, 2013, the Board denied the Applicant's and New York's motions seeking the entry of a declaratory order regarding Entergy's claim that New York had previously conducted a review of IP2/IP3 for consistency with the New York State Coastal Management Program

("CMP"), such that no further review is required under the Coastal Zone Management Act ("CZMA").32 The Board left open the possibility that the motions might be re

-filed after consultatio ns between the Staff and New York pursuant to 15 C.F.R.

§ 930.51(e)

. The Staff has since engaged in consultations with the New York State Department of State ("NYSDOS") and the Applicant

. On December 6, 2013, the Staff transmitted a request for informati on to NYSDOS regarding prior reviews of Indian Point's consistency with the New York State Coastal Management Program

.33 A series of written and oral communications between the Staff and NYSDOS occurred,34 and on May 30, 2014, NYSDOS provided its 31 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3), CLI 2, 81 NRC 213 (Feb. 18, 2015). 32 Entergy Nuclear Operations, Inc.

(Indian Point Nuclear Generating Units 2 and 3)

, "Order (Granting New York's Motions, Denying Clearwater's Motion, and Denying CZMA Motions)" (June 12, 2013). 33 See Letter from Sherwin E. Turk to the Board (Dec. 12, 2013), transmitting letter from David J. Wrona (NRC) to George Stafford (NYSDOS) (Dec. 6, 2013) (ADAMS Accession No. ML13281A065).

34 See (1) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014) (ADAMS Accession No. ML14028A209); (2) "Summary of Phone Call between [NYSDOS] and [NRC] on January 13, 2014" (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (3) Letter from David J.

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

response to the Staff

.35 On July 15, 2014, Entergy submitted its views regarding the NYSDOS response,36 to which NYSDOS replied on July 25, 2014.37 Entergy and New York submitted additional correspondence to the Staff on November 25 and December 3, 2014, respectively

.38 The Staff will provide further information to the Board regarding this matter when available.

(b) Grandfathering

. On December 11, 2014, the State of New York Supreme Court, Appellate Division

, Third Judicial Department

, reversed the Supreme Court's December 2013 decision, and held (in a 5

-0 decision) that Indian Point Units 2 and 3 were "grandfathered" under New York's Coastal Management Program and are therefore exempt from consistency review under the CMP

.39 On June 4, 2015, the Court of Appeals granted New York's motion for leave to appeal; a briefing schedule has been established, culminating in New York's filing of a reply brief on January 14, 2016. (c) 2012 Consistency Certification

. On December 17, 2012, Entergy filed a certification with the NYSDOS, asserting that license renewal of IP2/IP3 is consistent with the New York CMP; NYSDOS then commenced a review of that consistency certification.

On November 5, 2014, Entergy submitted a letter to NYSDOS, stating that it was withdrawing its consistency determination, subject to resubmittal following issuance of the Staff's Final FSEIS Supplement

35 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (May 30, 2014) (ADAMS Accession No. ML14154A334

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

ML141198A229)

. 37 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (July 25, 2014) (ADAMS Accession No. ML14230A005

). 38 See (1) Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (Nov. 25, 2014) (ADAMS Accession No.ML14336A084

); and (2).Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (Dec. 3, 2014) (ADAMS Accession No

s. ML14351A539, ML14351A541, ML14351A542, ML14351A543, ML14351A545).

39 Entergy Nuclear Operation, Inc. v. New York State Department of State

, 518510, 999 N.Y.S.2d 207, 2014 N.Y. App. Div. LEXIS 8686; 2014 NY Slip Op 08702 (App. Div. 3d Dep't, Dec. 11, 2014)

, rev'g 42 Misc. 3d 896, 976 N.Y.S.2d 650 (Sup. Ct. 2013)

. in March 2016

.40 In response, NYSDOS stat ed that the withdrawal was not effective and it offered Entergy an opportunity to request a stay of NYSDOS

's decision;41 Entergy replied to NYSDOS on December 1, 2014.42 NYSDOS and Entergy have entered into a further agreement deferring New York's review of Entergy's consistency certification until October 30, 2015; absent any extension, NYSDOS indicated it will issue its consistency determination by November 6, 2015.

43 7. Aquatic Impacts. There has been no change in this item since the Staff filed its previous status report. As stated previously, on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in the Hudson River

,44 modifying the information that had been evaluated in the FSEIS and FSEIS Supplement (FSEIS Vol

. 4).45 The Staff transmitted a request for additional information to the 40 See Letter from John Sipos to the Board (Nov. 6, 2014), attaching letter from Fred Dacimo (Entergy) to NRC Document Control Desk and Linda M. Baldwin, Esq. (NYSDOS), NL 14 140 ("Withdrawal of December 17, 2012 Coastal Zone Management Act Consistency Certification") (Nov. 5, 2014) (ADAMS Accession No. ML14310A346).

41 Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to Fred Dacimo (Entergy) (Nov. 21, 2014) (ADAMS Accession No.ML14328A474).

42 Letter from Martin R. Healy, Esq. (Goodwin Proctor), to Linda Baldwin, Esq. (NYSDOS) (Dec.

1, 2014) (ADAMS Accession No.ML14335A779).

43 See "Second Extension Agreement between [Entergy] and [NYSDOS]" (Sept. 24, 2015) at 2

-3, attached to E

-mail message from Linda M. Baldwin, Esq. (NYSDOS) to Lois James (NRC) (Sept. 24, 2015) (ADAMS Accession No. ML15268A128). 44 See Letter from Fred Dacimo (Entergy), to Lois James and NRC Document Control Desk, "Final Supplemental Environmental Impact Statement," NL 030 (Feb. 19, 2014) (ADAMS Accession No. ML14063A528).

45 "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplemen t 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report," NUREG-1437, Supplement 38, Volume 4 (June 2013

) (ADAMS Accession No. ML13162A616)

. Applicant on August 28, 2014

, as amended on September 26, 2014

46 Entergy's responses were submitted on October 27, 2014.47 The Staff issued further RAIs on aquatic issues on February 18, 2015;48 Entergy's responses were submitted on April 6, 2015

.49 The Staff has determined that it requires additional time to review the information submitted by Entergy, and will present its evaluation of th is information in the upcoming draft FSEIS supplement

. The Staff will provide further information to the Board regarding this issue when available.

8. Endangered and Threatened Species

. There has been no change in this item since the Staff filed its previous status report.

On April 2, 2015, the U.S. Fish and Wildlife Service published a final rule listing the northern lo ng-eared bat as threatened throughout its range, which includes the Indian Point site.50 On April 22, 2015, the Staff transmitted RAIs to Entergy concerning the northern long

-eared bat;51 Entergy's response was received on June 8,

46 See (1) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), "Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review" (Aug. 28, 2014) (ADAMS Accession No. ML14225A847)

and (2) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), "Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review" (Sept.

26, 2014) (ADAMS Accession No. ML14261A031

). 47 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, "Reply to Request for Additional Information Regarding the License Renewal Application," NL 133 (Oct. 27, 2014) (ADAMS Accession No. ML14300A7 04). 48 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy),

"Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review" (Feb. 18, 2015) (ADAMS Accession No.

ML14329B245). 49 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, "Reply to Request for Additional Information Regarding the License Renewal Application Environmental Review," NL-15-029 (Apr. 6, 2015) (ADAMS Accession No. ML15100A279).

50 80 Fed. Reg. 17,973 (Apr. 2, 2015). 51 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), "Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review" (Apr. 22, 2015)

(ADAMS Accession No. ML15104A541).

2015.52 On July 1, 2015, the Staff issued a Biological Assessment, finding that license renewal of IP2/IP3 may affect but is "not likely to adversely affect" the northern long

-eared bat and Indiana bat;53 on July 14, 2015, FWS concurred in this assessment.54 9. Other Matters

. The Staff is not currently aware of any other matter that has the potential to impact the schedule for hearings in this proceeding.

In accordance with the Board's direction (Order, at 2), the Staff will notify the Board as soon as any other event with potential to alter the hearing schedule arises. Respectfully submitted,

/Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop

- O-15D21 Washington, DC 20555 Telephone: (301) 415

-1533 E-mail: Sherwin.Turk@nrc.gov

Dated at Rockville, Maryland this 1st day of October 2015 52 Letter from Fed Dacimo (Entergy) to NRC Document Control Desk, NL 075 (June 8, 2015) (ADAMS Accession No. ML15166A069).

53 See (1) letter from David J. Wrona (NRC) to David Stilwell (FWS) (July 1, 2015) (ADAMS Accession No. ML15161A066); and (2) "Biological Assessment on the Northern Long

-Eared Bat (Myotis septentrionalis) and Indiana Bat (Myotis sodalis) / Indian Point Nuclear Generating Units 2 and 3 Proposed License Renewal" (July 2015) (ADAMS Accession No. ML15161A086). 54 Letter from David A. Stilwell (FWS) to David J. Wrona (NRC) (July 14, 2015) (ADAMS Accession No. ML15196A013).

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

) ) ENTERGY NUCLEAR OPERATIONS, INC. )

Docket Nos. 50

-247/286-LR ) (Indian Point Nuclear Generating

) Units 2 and 3)

) CERTIFICATE OF SERVICE

Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing "NRC STAFF'S 44th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S ORDER OF FEBRUARY 16, 2012," dated October 1, 2015, have been served upon the Electronic Information Exchange (the NRC's E

-Filing System), in the above

-captioned proceeding, this 1st day of October 2015. /Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop

- O-15D21 Washington, DC 20555 Telephone: (301) 415

-1533 E-mail: Sherwin.Turk@nrc.gov