ML11270A077
| ML11270A077 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/26/2011 |
| From: | Borchardt R NRC/EDO |
| To: | Lowey N US HR (House of Representatives) |
| SECY RAS | |
| References | |
| RAS 21134, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML11270A077 (6) | |
Text
UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 September 26, 2011 The Honorable Nita M. Lowey United States House of Representatives Washington, D.C. 20515 Dear Congresswoman Lowey: On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am writing in response to your letter of August 15, 2011, concerning Indian Point Nuclear Generating Units 2 and 3 (IP2 and IP3). This letter supplements the Secretary of the Commission's September 16 letter to you. In your letter , you stated that replacement power for I P2 and IP3 could be provided within a few years, rather than a 10-to-15 year period as had been previously assumed; the Governor of New York opposes the continued operation of IP2 and IP3; the New York State Department of Environmental Conservation has rejected the facility's request for a water quality permit to allow continued operation of the facility; other New York State agencies have acted to facilitate the provision of replacement power for IP2 and IP3; and the NRC should consider population density and evacuation issues in reaching a license renewal decision for IP2 and IP3. Further, you urged the NRC to work with the State of New York, and to issue a renewed license to IP2 and IP3, if found to be qualified, for no more than a short term, such as five years. As you know, the NRC's authorrty to regulate U.S. commercial nuclear power plants derives from the Atomic Energy Act of 1954, as amended. Pursuant to that Act, the NRC is authorized to issue operating licenses, and to renew such licenses, upon finding that the issuance of such licenses is not inimical to public health and safety or the common defense and security, and that the license application satisfies applicable NRC regulations and requirements.
The NRC's regulatory requirements governing the renewal of such licenses are set forth in 10 C.F.R. Part 54 ("Requirements for Renewal of Operating Licenses for Nuclear Power Plants").
Those regulations establish the scope of matters to be considered in reaching a decision on license renewal. Matters such as the availability of replacement power, actions or decisions on nuclear safety matters by state officials, population density, and evacuation planning are not included among the issues the NRC has determined to be relevant to license renewal under the regulations.
Rather, issues such as replacement power availability and water quality permits are within the purview of New York State or other federal agencies, while population density and evacuation planning are addressed by the NRC on an ongoing basis as part of the NRC's oversight of the plants' existing operating licenses.
The NRC takes seriously its responsibilities for licensing and oversight of U.S. nuclear power plants, to assure that license renewal applicants satisfy all applicable regulatory requirements, and to assure that the plants continue to operate safely.
N. Lowey -2 While it is too soon to know whether the I\IRC will issue renewed licenses for IP2 and IP3, I can assure you that any decision on license renewal will take into consideration all relevant matters, consistent with the NRC's statutory responsibilities.
If you have any additional questions, please contact me or Ms. Rebecca Schmidt, Director of the Office of Congressional Affairs, at (301) 415-1776.
Sincerely, IRA by Martin J. Virgilio fori R. W. Borchardt Executive Director for Operations N. Lowey -2 While it is too soon to know whether the NRC will issue renewed licenses for IP2 and IP3, I can assure you that any decision on license renewal will take into consideration all relevant matters, consistent with the NRC's statutory responsibilities.
If you have any additional questions, please contact me or Ms. Rebecca Schmidt, Director of the Office of Congressional Affairs, at (301) 415-1776. Sincerely, IRA by Marlin J. Virgilio fori R. W. Borchardt Executive Director for Operations DISTRIBUTION:
G20110686/LTR-11-0482/EDATS:
SECY-2011-0514 RRihm EDO rlf RidsOcaMailCenter RidsOgcMailCenter RidsEdoMailCenter RidsSecyMailCenter RidsNrrMailCenter ADAMS Accession No""" ML11269A032 OFFICE OEDO OCA OGC NRR EDO NAME RRihm EDacus (via email) STurk (via email) BHolian (via email) R.W. Borchardt (MVirqilio for) DATE 9/20/11 9/20/11 9/19/11 9/20/11 9/26/11 OFFICIAL RECORD COPY UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR
) and 50-286-LR (Indian Point Nuclear Generating Station, )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEY'S LETTER OF AUGUST 15, 2011 have been served upon the foll owing persons by Electronic Information Exchange.
Office of Commission Appellate Adjudication Mail Stop O-7H4M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001
Hearing Docket
E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel
Mail Stop T-3F23 Washington, DC 20555-0001 Lawrence G. McDade, Chair
Administrative Judge
E-mail: lawrence.mcdade@nrc.gov
Richard E. Wardwell Administrative Judge E-mail: richard.wardwell@nrc.gov
Kaye D. Lathrop
Administrative Judge 190 Cedar Lane E.
Ridgway, CO 81432
E-mail: kaye.lathrop@nrc.gov
Joshua A. Kirstein, Law Clerk
E-mail: josh.kirstein@nrc.gov Sherwin E. Turk, Esq.
Edward L. Williamson, Esq.
Beth N. Mizuno, Esq.
David E. Roth, Esq.
Brian Harris, Esq. Andrea Z. Jones, Esq.
Mary B. Spencer, Esq.
Karl Farrar, Esq.
Brian Newell, Paralegal U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001
E-mail:
sherwin.turk@nrc.gov edward.williamson@nrc.gov beth.mizuno@nrc.gov brian.harris.@nrc.gov david.roth@nrc.gov andrea.jones@nrc.gov mary.spencer@nrc.gov karl.farrar@nrc.gov brian.newell@nrc.gov
Docket Nos. 50-247-LR and 50-286-LR LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEY'S LETTER OF AUGUST 15, 2011 2 OGC Mail Center OGCMailCenter@nrc.gov
William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Email: wdennis@entergy.com Thomas F. Wood, Esq.
Daniel Riesel, Esq.
Victoria Shiah, Esq.
Counsel for Town of Cortlandt Sive, Paget & Riesel, P.C.
460 Park Avenue
New York, NY 10022
E-mail: driesel@sprlaw.com vshiah@sprlaw.com Elise N. Zoli, Esq.
Goodwin Proctor, LLP Exchange Place
53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com Phillip Musegaas, Esq.
Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road Ossining, NY 10562 E-mail: phillip@riverkeeper.org dbrancato@riverkeeper.org
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq. Martin J. O'Neill, Esq.
Jonathan M. Rund, Esq.
Counsel for Entergy Nuclear Operation, Inc Mary Freeze
Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004
E-mail: ksutton@morganlewis.com pbessette@morganlewis.com martin.o'neill@morganlewis.com jrund@morganlewis.com mfreeze@morganlewis.com Melissa-Jean Rotini, Esq. Assistant County Attorney Office of Robert F. Meehan, Westchester County Attorney
148 Martine Avenue, 6 th Floor White Plains, NY 10601
E-mail: MJR1@westchestergov.com
Michael J. Delaney, Esq.
Director, Energy Regulatory Affairs NYC Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373
E-mail: mdelaney@dep.nyc.gov
Manna Jo Greene, Environmental Director Steven C. Filler Karla Raimundi Hudson River Sloop Clearwater, Inc.
724 Wolcott Ave.
Beacon, NY 12508
E-mail: mannajo@clearwater.org stephenfiller@gmail.com karla@clearwater.org
Docket Nos. 50-247-LR and 50-286-LR LETTER FROM THE EXECUTIVE DIRECTOR OF OPERATIONS IN RESPONSE TO CONGRESSWOMAN NITA LOWEY'S LETTER OF AUGUST 15, 2011 3 Joan Leary Matthews, Esq. Senior Attorney for Special Projects New York State Department of Environmental Conservation
625 Broadway, 14 th Floor Albany, New York 12233-5500
E-mail: jmatthe@gw.dec.state.ny.us Robert D. Snook, Esq. Assistant Attorney General Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120
Hartford, CT 06141-0120
E-mail: robert.snook@po.state.ct.us
John Louis Parker, Esq.
Office of General Counsel, Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road
New Paltz, NY 12561-1620
E-mail: jlparker@gw.dec.state.ny.us Sean Murray, Mayor Kevin Hay, Village Administrator Village of Buchanan Municipal Building 236 Tate Avenue
Buchanan, NY 10511-1298
E-mail: SMurray@villageofbuchanan.com Administrator@villageofbuchanan.com John J. Sipos, Esq.
Charles Donaldson, Esq.
Assistant Attorneys General Office of the Attorney General of the State of New York The Capitol State Street Albany, New York 12224
E-mail: John.Sipos@ag.ny.gov charlie.donaldson@ag.ny.gov Janice A. Dean, Esq.
Assistant Attorney General Office of the Attorney General of the State of New York
120 Broadway, 26 th Floor New York, New York 10271 E-mail: Janice.Dean@ag.ny.gov
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 27 th day of September 2011