ML072550595
| ML072550595 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/25/2007 |
| From: | Martinelli S Friends United for Sustainable Energy (FUSE) |
| To: | Klein D, Kuo P NRC/Chairman, NRC/NRR/ADRO/DLR |
| References | |
| G20070531, LTR-07-0594 | |
| Download: ML072550595 (6) | |
Text
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Sep 11, 2007 12:09 PAPER NUMBER: ACTION OFFICE:* AUTIIOR: AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION: DISTRIBUTION:
LETTER DATE: ACKNOWLEDGED SPECIAL IIANDLING:
LTR-07-0594 EDO Sherwood Martinelli NY Dale Klein LOGGING DATE: 09/07/2007 fW. 1o 045 -CýS. EDO 0,.DEDMS OPA DEDR DEDIA AO due to delay in receiving DOE docs..requ for extension of time to file dormal peition to intervene in Entergy's license renewal applications process Appropriate Chairman, Comrs, OGC 07/25/2007 No Made publicly available in ADAMS via EDO/DPC NOTES: FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:
7/25/07 FUSE (FRIENDS UNITED FOR SUSTAINABLE ENERGY)21 PERLMAN DRIVE SPRING VALLEY, NY 10977 (845) 371-2100 TEL (845) 3'71-3721 FAX 7/25/07 Chairman's Office Nuclear Regulatory Commission Washington, DC 20555 Dr. Pao-Tsin Kuo, PE Director, Division of License Renewal Office of Nuclear Reactor Regulation RE: Due to delay in receiving DOE documents Request for extension of time to file formal Petition to Intervene in Entergy's License Renewal Application Process:
Dear Dr. Pao-Tsin Kuo:
I, Sherwood Martinelli, living within three miles of the Indian Point nuclear reactors, on behalf of Green Nuclear Butterfly and the Stakeholders we represent, along with the other co-signers of this document, are officially requesting that due to a delay in receiving documents we have requested through FOIA from the DOE, that either the NRC delay its acceptance of Entergy's License Renewal Application for Indian Point reactors 2 and 3 until after we receive the documents from the DOE, or, in the alternative, that we be granted an extension of time to file our petition to intervene in the License Renewal Application for Indian Point 2 and 3, until 60 days after we receive such documents from the DOE.As Stakeholders, ,e have been doing our due diligence in being full participating members of the public. We have received and are reviewing Entergy's application, and all of its underlying documents.
As a part of our duties and responsibilities, we made a public request at the NRC meeting on June 27. 2007 and have filed various FIOA requests with different Departments and Agencies within state and federal government to obtain the necessary underlying documents to adequately address and present our contentions.
One such FOIA request was filed with the DOE in May of this calendar year.On July 18th, 2007 via certified mail we received part of the necessary documents for our application review from the DOE. In the attached letter (Exhibit "A) the DOE has informed us that our FOIA request was not fully completed, and the.DOE expects to have the remaining documents in our hands by October 27th of this year.Without these documents, all of which directly relate to the NRC's relicensing processes, and which are needed for adequate dissemination and comprehension of Entergy's license renewal application, we as actively involved Stakeholders cannot fully and completely participate in the process, and we cannot fully and completely raise and defend our contentions in our 1) Petition to Intervene and 2)Request For Hearing.Various Agencies and Departments must work together, and must be willing to account for the schedules and time constraints of one another. It would be egregiously, irresponsible, and arbitrary for the NRC to penalize Stakeholders of the host community because the DOE has protocols and legal constraints it must follow before releasing documents we are both legally entitled to and need in order to adequately represent ourselves in the public process as Stakeholders.
In addition once we receive the documents from the DOE, we as Stakeholders, are entitled to 60 days to read and review such documents.
For this reason, we are respectfully requesting that either the NRC delay its acceptance of Entergy's license renewal application until after we receive the documents from the DOE, or, in the alternative, that we be granted an extension of time to file our petition to intervene in Entergy's License Renewal Application for Indian Point 2 and 3, 60 days from the date DOE has fully and completely supplied all documents and or resolved all contentions regarding the FIOA request and the DOE response (herein attached as Exhibit "A").Respectfully Submitted, Sherwood Martinelli Green Nuclear 351 Dyckman Street Peekskill, New York 105 (914) 734-1955 Co-Signers Susan Shapi FUSE USA 21 Perlman D Spring Valley, New Yo 0977 (845) 371-2100 Michel Lee, Esq.(Chair of the Council on Intelligent Energy& Conservation Policy)265 Madison Rd.Scarsdale, NY 10583 (914) 420-5624 Gary Shaw 9 Van Cortlandt Place Croton on Hudson (914) 271-4183 Judy Allen 24 Seifert Lane Putnam Valley, NY 10579 845 528-6643 Department of Energy Ilaho Operations Office 1955 Fremont Avenue SIdaho Falls. ID 83415 June 29, 2007.Sherwood Martinelli 3 51 Dvckman Street Peekskill, New York 10566
SUBJECT:
Freedom of Information Act Request 07-044 Martinelli (ONI-PA-07-060)
Dear Mr. Martinelli:
This letter is in partial response to your Freedom of Information Act (FOIA) request in -which you asked the l)epartment of Energy (DOE-) for documents that relate to or are created to assist the nuclear industry to identilf long-term aging issues and problems of nuclear power plahts.Your request was modified in a letter dated May 29. 2007 in which you specilically asked for the followiniz information:
- 1. Correspondence from NEPO that relates to research and /or ellbrt to address licensing t re-licensing issues of nuclear facilities from 1999 to 2006. specifically reactors, and research conducted into ageing, degradation, and security issues at nuclear facilities:
and 2. Correspondence between the DOE. NRC, and NEI and/or owners of nuclear fhcilities from 1999 to 2006 that relates to research and/or efforts to address licensine're-licensing issues of nuclear facilities, specifically reactors, and research conducted into ageing, degradation.
and security issues at nuclear facilities.
Per a letter to you dated May 30. 2007 from Abel Lopez, Director of the FOIA! Privacv Act Office at DOE Headquarters.
your request was transferred to the DOE Office of Nuclear Energy (DOE-NE) to conduct a search of its files for any documents responsive to your request. Your request to receive a waiver of fees for processing the request was also granted at that time.The DOE-NE has conducted a thorough search of its files located both at the DOE Headquarters Office as well as the Idaho Operations Office and has found documents responsive to your request.Enclosed.
please find 18 reports that are considered responsive to Item 1 of your request. These reports have been reviewed and determined to be filly releasable to you under the provisions of the FOLA. A complete document index is also enclosed for your convenience.
Further, several additional documents were located that may be responsive to Items I and 2 of your request. Due to the volume of these documents and the need to coordinate with other DOE Offices. additional time is needed to conduct a review and release determination in accordance 4 *with the FOIA. It is estimated that a final response will be provided to you on or before October 27, 2007 regarding these additional documents.
As the Authorizing and Denying Official, it is my duty to inform you of your right to appeal this decision to the Office of Hearings and Appeals. All of the inifornation you need to file an appeal is enclosed.If you have any questions regarding this letter or the enclosures, please feel free to contact me at (208) 526-0709.Sincerely, Nicole Brooks Freedom of Information Officer, DOE-ID Enclosures 7'2S/CV w -.V. ý S.j Pvg I