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Initiation
- Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request
- Acceptance, Acceptance
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Results
Other: ML071210530, ML071840939, ML072830629, ML083540614, ML090790176, ML090790187, ML090820316, ML090820317, ML090820318, ML090820319, ML092860253, ML102930012, ML103060210, ML110200539, ML110350022, ML110550751, ML11187A054, ML11187A055, ML11200A052, ML11276A008, ML11286A140, ML11290A232, ML11305A021, ML12055A234, ML12055A254, ML12157A287, ML12165A684, ML13014A633, ML13161A389, ML13162A604, ML13162A616, ML14136A005, ML14192B395, ML14220A317, ML15114A080, ML15114A081, ML15114A082, ML15114A083, ML15114A084, ML15114A085, ML15166A070, NL-08-023, Entrainment and Impingement at IP2 and IP3: a Biological Impact Assessment, NL-11-024, Letter from Fred Dacimo to Andrew Stuyvenberg Regarding Endangered Species Act Consultation for Indian Point Nuclear Generating Unit Nos. 2 & 3, NL-11-078, License Renewal Thermal Study Documents, NL-11-081, Clean Water Act Section 401 Water Quality Certification Waiver
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MONTHYEARML0712105302007-04-23023 April 2007 License Renewal Application. Appendix E, Applicant'S Environment Report Project stage: Other ML0719900932007-06-26026 June 2007 Ltr. Michael Kaplowitz Re Incompleteness and Inaccurate License Renewal Application for Indian Point Energy Center, Units 2 and 3 Project stage: Request ML0718409392007-08-0606 August 2007 Notice of Intent to Prepare an Environmental Impact Statement and Conduct Scoping Process for License Renewal for the Indian Point Nuclear Generating Units 2 and 3 (TAC MD5411 and MD 5412) Project stage: Other ML0728902092007-09-19019 September 2007 Transcript of Indian Point License Renewal Public Meeting: Evening Session, September 19, 2007, Pages 1-126 Project stage: Meeting ML0728901992007-09-19019 September 2007 Transcript of Indian Point License Renewal Public Meeting: Afternoon Session, September 19, 2007, Pages 1-105 Project stage: Meeting ML0728306132007-09-19019 September 2007 License Renewal Application, Environmental Scoping Meeting - September 19, 2007, Written Submittals from Audience - 7:00 Pm Project stage: Meeting ML0728306292007-09-19019 September 2007 License Renewal Application Environmental Scoping Mtg., Written Submittals from Audience - 1:30 Project stage: Other ML0728508952007-10-11011 October 2007 License Renewal Environmental Scoping Meeting Project stage: Meeting ML0728510792007-10-24024 October 2007 09/19/2007 Summary of Public Environmental Scoping Meetings Related to the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application (TAC Nos. MD5411 and MD5412) Project stage: Meeting ML0731009852007-10-25025 October 2007 Revised Fuse Comments on Scope of Environmental Impact Statement and Scoping Process Indian Point Energy Center Unit 2 and Unit 3 Project stage: Request ML0733309312007-12-0505 December 2007 Request for Additional Information Regarding Environmental Review for Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal (TAC Nos. MD5411 and MD5412) Project stage: RAI ML0731104472007-12-0707 December 2007 Request for Additional Information Regarding Severe Accident Mitigation Alternatives for Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Project stage: RAI ML0803800962008-01-30030 January 2008 Supplemental Response to Request for Additional Information Regarding Environmental Review for License Renewal Application Project stage: Response to RAI NL-08-023, Entrainment and Impingement at IP2 and IP3: a Biological Impact Assessment2008-01-31031 January 2008 Entrainment and Impingement at IP2 and IP3: a Biological Impact Assessment Project stage: Other NL-08-028, Official Exhibit - ENT000460-00-BD01 - NL-08-028, Letter from Fred Dacimo, Entergy, to NRC Reply to Request for Additional Information Regarding License Renewal Application - Severe Accident Mitigation Alternatives Analysis (Feb. 5, 2008)2008-02-0505 February 2008 Official Exhibit - ENT000460-00-BD01 - NL-08-028, Letter from Fred Dacimo, Entergy, to NRC Reply to Request for Additional Information Regarding License Renewal Application - Severe Accident Mitigation Alternatives Analysis (Feb. 5, 2008) Project stage: Response to RAI ML0809904032008-02-28028 February 2008 Essential Fish Habitat Information Request for Docket 50-247 and 50-286; Indian Point Nuclear Generating Units 2 and 3 License Renewal, at the Village of Buchanan, Town of Cortlandt, Westchester County, Ny Project stage: Request ML0807704572008-03-0707 March 2008 Document Request for Additional Information Regarding Environmental Review for License Renewal Application - Hudson River Fisheries Program Data (Year Class Report) Project stage: Request ML0809209832008-04-0909 April 2008 03/18/2008-Summary of Telephone Conference Call Between NRC and Entergy Nuclear Operations, Inc., Pertaining to the Indian Point Units 2 & 3, License Renewal Application - Environmental Request for Additional Information Project stage: RAI ML0808801042008-04-0909 April 2008 Request for Additional Information, Review of License Renewal Application Project stage: RAI ML0809404082008-04-14014 April 2008 Request for Additional Information Regarding the Review of the License Renewal Application for Indian Point Nuclear Generating Unit Nos. 2 & 3 (TAC Nos. MD5411 and MD5412) Project stage: RAI NL-08-061, Reply to Document Request for Additional Information Regarding Site Audit Review of License Renewal Application2008-04-23023 April 2008 Reply to Document Request for Additional Information Regarding Site Audit Review of License Renewal Application Project stage: Request ML0810004412008-04-23023 April 2008 Revision of Schedule for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Application Project stage: Approval ML0833805912008-04-30030 April 2008 SEIS Reference - Assessment of United Water New York Supply by Rockland County Department of Health Project stage: Request NL-08-083, Reply to Request for Additional Information Regarding License Renewal Application - Refurbishment2008-05-14014 May 2008 Reply to Request for Additional Information Regarding License Renewal Application - Refurbishment Project stage: Response to RAI ML0833805612008-05-21021 May 2008 SEIS Reference - Chemicals in Sportfish and Game: 2007-2008 Health Advisories by Nydoh Project stage: Request NL-08-086, Supplemental Reply to Request for Additional Information Regarding License Renewal Application - Severe Accident Mitigation Alternatives Analysis2008-05-22022 May 2008 Supplemental Reply to Request for Additional Information Regarding License Renewal Application - Severe Accident Mitigation Alternatives Analysis Project stage: Response to RAI ML0833900172008-07-17017 July 2008 SEIS Reference - Online Conservation Guide for Glyptemys Muhlenbergii Project stage: Request ML0835405942008-12-0101 December 2008 NUREG-1437, Suppl. 38, Vol. 1, Dfc, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating, Unit Nos. 2 and 3, Main Report Project stage: Acceptance Review ML0835406142008-12-0101 December 2008 NUREG-1437, Suppl. 38, Vol. 2, Dfc, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating, Unit Nos. 2 and 3, Appendices Project stage: Other ML0833900342008-12-0202 December 2008 SEIS Reference - Significant Habitats and Habitat Complexes of the New York Bight Watershed by Fws Project stage: Request ML0833900322008-12-0202 December 2008 SEIS Reference - Westchester County Federally Listed Endangered and Threatened Species and Candidate Species by Fws Project stage: Request ML0833900302008-12-0202 December 2008 SEIS Reference - Cynoscion Regalis Gray Weakfish Project stage: Request ML0833900252008-12-0202 December 2008 SEIS Reference - Native Plant Database by Npin Project stage: Request ML0833900232008-12-0202 December 2008 SEIS Reference - Maryland Fish Facts: American Gizzard Shad by Mdnr Project stage: Request ML0833806672008-12-0303 December 2008 SEIS Reference - Trinectes Maculates Fasciatus: Hogchoker Project stage: Request ML0833805702008-12-0303 December 2008 SEIS Reference - Plant Fact Sheets by Ncsu Project stage: Request ML0833805722008-12-0303 December 2008 SEIS Reference - Shortnose Sturgeon (Acipenser Brevirostrum) by Opr Project stage: Request ML0833805752008-12-0303 December 2008 SEIS Reference - Butterflies and Moths of North America Project stage: Request ML0833805402008-12-0303 December 2008 SEIS Reference - Peregrine Falcon Fact Sheet by NYSDEC Project stage: Request ML0833806192008-12-0303 December 2008 SEIS Reference - Status of Fishery Resources Off the Northeastern U.S.: Atlantic and Shortnose Sturgeons Project stage: Request ML0833806232008-12-0303 December 2008 SEIS Reference - Zebra Mussels and the Hudson River Project stage: Request ML0833806272008-12-0303 December 2008 SEIS Reference - Comprehensive Master Plan, Town of Cortlandt, July 2004 Project stage: Request ML0833806292008-12-0303 December 2008 SEIS Reference - Town Profile Project stage: Request ML0833806612008-12-0303 December 2008 SEIS Reference - Annual Drinking Water Quality Report for 2005 by Wjww Project stage: Request ML0833805532008-12-0303 December 2008 SEIS Reference - New York State Amphibian and Reptile Atlas Project by NYSDEC, Species of Turtles Found in New York Project stage: Request ML0833805452008-12-0303 December 2008 SEIS Reference - Bog Turtle Fact Sheet by NYSDEC Project stage: Request ML0833805422008-12-0303 December 2008 SEIS Reference - Peregrine Falcon by NYSDEC Project stage: Request ML0833806332008-12-0303 December 2008 SEIS Reference - Census of Agriculture, Volume 1 Chapter 2: Pennsylvania County Level Data Project stage: Request ML0833805312008-12-0303 December 2008 SEIS Reference - Bald Eagle Fact Sheet by NYSDEC Project stage: Request ML0833806592008-12-0303 December 2008 SEIS Reference - Westchester County Databook: History, Geography, and Land Use Project stage: Request 2008-12-02
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Category:Letter
MONTHYEARML24011A1982024-01-12012 January 2024 ISFSI, Notice of Organization Change for Site Vice President ML23342A1082024-01-0909 January 2024 Independent Spent Fuel Storage Installation Security Inspection Plan ML23353A1742023-12-19019 December 2023 ISFSI, Emergency Plan, Revision 23-04 L-23-019, Proof of Financial Protection 10 CFR 140.152023-12-18018 December 2023 Proof of Financial Protection 10 CFR 140.15 ML23339A0442023-12-0505 December 2023 Issuance of Amendment No. 68, 301 and 277 Regarding Changes to Implement the Independent Spent Fuel Storage Installation Physical Security Plan ML23326A1322023-12-0505 December 2023 Issuance of Amendment No. 67, 300 & 276 to Implement the Independent Spent Fuel Storage Installation Only Emergency Plan ML23338A2262023-12-0404 December 2023 Signed Amendment No. 27 to Indemnity Agreement No. B-19 ML23356A0212023-12-0101 December 2023 American Nuclear Insurers, Secondary Financial Protection (SFP) Program ML23242A2772023-11-30030 November 2023 NRC Letter Issuance - IP LAR for Units 2 and 3 Renewed Facility Licenses and PDTS to Reflect Permanent Removal of Spent Fuel from SFPs ML23338A0482023-11-30030 November 2023 ISFSI, Report of Changes to Physical Security, Training and Qualification, Safeguards Contingency Plan, and ISFSI Security Program, Revision 28 ML22339A1572023-11-27027 November 2023 Letter - Indian Point - Ea/Fonsi Request for Exemptions from Certain Emergency Planning Requirements for 10 CFR 50.47 and 10 CFR Part 50, Appendix E IR 05000003/20230032023-11-21021 November 2023 NRC Inspection Report Nos. 05000003/2023003, 05000247/2023003, 05000286/2023003, and 07200051/2023003 ML23100A1172023-11-17017 November 2023 NRC Response - Indian Point Energy Center Generating Units 1, 2, and 3 Letter with Enclosures Regarding Changes to Remove the Cyber Security Plan License Condition ML23050A0032023-11-17017 November 2023 Letter - Issuance Indian Point Unit 2 License Amendment Request to Modify Tech Specs for Staffing Requirements Following Spent Fuel Transfer to Dry Storage ML23100A1252023-11-17017 November 2023 Letter and Enclosure 1 - Issuance Indian Point Energy Center Units 1, 2, and 3 Exemption for Offsite Primary and Secondary Liability Insurance Indemnity Agreement ML23100A1432023-11-16016 November 2023 Letter - Issuance Indian Point Energy Center Generating Units 1, 2, and 3 Exemption Concerning Onsite Property Damage Insurance (Docket Nos. 50-003, 50-247, 50-286) ML23064A0002023-11-13013 November 2023 NRC Issuance for Approval-Indian Point EC Units 1, 2 and 3 Emergency Plan and Emergency Action Level Scheme Amendments L-23-012, Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point2023-11-13013 November 2023 Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point ML23306A0992023-11-0202 November 2023 and Indian Point Energy Center, Notification of Changes in Schedule in Accordance with 10 CFR 50.82(a)(7) ML23063A1432023-11-0101 November 2023 Letter - Issuance Holtec Request for Indian Point Energy Center Generating Units 1, 2, and 3 Exemptions from Certain Emergency Planning Requirements of 10 CFR 50.47 and Part 50 ML23292A0262023-10-19019 October 2023 LTR-23-0211-RI Thomas Congdon, Executive Deputy, Department of Public Service, Chair, Indian Point Decommissioning Oversight Board, Letter Independent Spent Fuel Storage Installation Inspection and Office of the Inspector General Report-RI ML23289A1582023-10-16016 October 2023 Decommissioning International - Registration of Spent Fuel Casks and Notification of Permanent Removal of All Indian Point Unit 3 Spent Fuel Assemblies from the Spent Fuel Pit ML23270A0082023-09-27027 September 2023 Registration of Spent Fuel Casks ML23237A5712023-09-22022 September 2023 09-22-2023 Letter to Dwaine Perry, Chief, Ramapo Munsee Nation, from Chair Hanson, Responds to Letter Regarding Opposition of the Release and Dumping of Radioactive Waste from Indian Point Nuclear Power Plant Into the Hudson River ML23242A2182023-09-12012 September 2023 IPEC NRC Response to the Town of New Windsor, Ny Board Certified Motion Letter Regarding Treated Water Release from IP Site (Dockets 50-003, 50-247, 50-286) ML23250A0812023-09-0707 September 2023 Registration of Spent Fuel Casks ML23255A0142023-08-31031 August 2023 LTR-23-0211 Thomas Congdon, Executive Deputy, Department of Public Service, Chair, Indian Point Decommissioning Oversight Board, Letter Independent Spent Fuel Storage Installation Inspection and Office of the Inspector General Report IR 05000003/20230022023-08-22022 August 2023 NRC Inspection Report 05000003/2023002, 05000247/2023002, 05000286/2023002, and 07200051/2023002 ML23227A1852023-08-15015 August 2023 Request for a Revised Approval Date Regarding the Indian Point Energy Center Permanently Defueled Emergency Plan and Emergency Action Level Scheme ML23222A1442023-08-10010 August 2023 Registration of Spent Fuel Casks ML23208A1642023-07-26026 July 2023 Village of Croton-on-Hudson New York Letter Dated 7-26-23 Re Holtec Wastewater ML23200A0422023-07-19019 July 2023 Registration of Spent Fuel Casks ML23235A0602023-07-17017 July 2023 LTR-23-0194 Dwaine Perry, Chief, Ramapo Munsee Nation, Ltr Opposition of the Release and Dumping of Radioactive Waste from Indian Point Nuclear Power Plant Into the Hudson River ML23194A0442023-07-11011 July 2023 Clarification for Indian Point Energy Center License Amendment Request, Independent Spent Fuel Storage Installation Physical Security Plan ML23192A1002023-07-11011 July 2023 Response to Request for Additional Information Regarding License Amendment Request to Revise the Emergency Plan and Emergency Action Level Scheme ML23171B0432023-06-23023 June 2023 Letter - Indian Point Energy Center - Request for Additional Information for Independent Spent Fuel Storage Installation Facility-Only Emergency Plan License Amendment ML23118A0972023-06-0606 June 2023 06-06-23 Letter to the Honorable Michael V. Lawler, Et Al., from Chair Hanson Regarding Holtec'S Announcement to Expedite Plans to Release Over 500,000 Gallons of Radioactive Wastewater from Indian Point Energy Center Into the Hudson River ML23144A3512023-05-25025 May 2023 Clementina Bartolotta of Pearl River, New York Email Against Treated Water Release from Indian Point Site ML23144A3522023-05-25025 May 2023 Loredana Bidmead of New York E-Mail Against Treated Water Release from Indian Point Site ML23144A3412023-05-25025 May 2023 Dianne Schirripa of Rockland County, New York Email Against Treated Water Release from Indian Point Site ML23144A3472023-05-25025 May 2023 David Mart of Blauvelt, New York Email Against Treated Water Release from Indian Point Site ML23144A3402023-05-25025 May 2023 Melvin Israel of New York Email Against Treated Water Release from Indian Point Site ML23144A3542023-05-25025 May 2023 Terri Thal of New City, New York Email Against Treated Water Release from Indian Point Site ML23144A3532023-05-25025 May 2023 John Shaw of New York Email Against Treated Water Release from Indian Point Site 2024-01-09
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New York State Department of Environmental Conservation Office of General Counsel, Region 3 21 South Putt Corners Road New Paltz, New York 12561 - 1620 Phone: (845) 256-3000
- FAX: (845) 255-3042 Website: w.ww.dec..ny.gov W**
Joe.Martens Commissioner August 11, 2011 Brian E. Holian Director, License Renewal U.S. Nuclear.Regulatory Commission 11555 Rockville Pike Mailstop 011F1 Rockville, MD 20852 Re: Indian Point License Renewal, Docket Nos. 50-247, 50-286 State of New York Denial, Clean Water Act Section 401 Water Quality Certification
Dear Mr. Holian:
I am wri ting on behalf of Commissioner Joe Martens in response to the July 29, 2011 letter to you from Fred Dacimo, Vice President, Entergy Nuclear Northeast. As you know, the July 29*t1 letter is the third that Mr. Dacimo ha's written to you in tle past five weeks. For the reasons stated below, and for those stated in the previous responsive correspondence of the New York State Department of Environmental'Conservation, New York State timely denied Entergy's application for a Clean Water Act Section 401 Water Quality Certification on April 2, 2010 relating to the license renewal of Indian Point Units 2 and 3, located in Buchanan, New York.
The Dacimo / Entergy correspondence does not change this fact...
Mr. Dacimo's most recent, letter again argues Entergy's new-found theory that the Department has somehow "waived" its right to review the application for the Section 401 Water Quality Certification; As Cominissioner Martens stated in his.June 23, 2011 letter to the Commission, the law and the facts do not support Entergy's newly proffered theory of a "waiver." For the following reasons, the State of New York has not "waived"its Section 401.review obligation -
the State has denied Entergy's application for the Water Quality Certification within the one-year time period required by the Clean Water .Act.
New York's Action on Entergy's Application for a Section 401 Water Quality Certification Was Timely Because New York Acted -on the Application within One Year.
As, the Department has previously communicated to you, Clean Water Act Section 401 requires Entergy to obtain a Water Quality Certification from the State as part of its license renewal application for Indian Point Units 2 and 3. Entergy applied to this Department for the Water Quality Certification on April 6,2009. The Department denied that application on April 2,2010, which was within one year of Entergy's submission of the application. See Letter from Commissioner Martens to B. Holian, dated June 23, 2011; see also Letter from J. Parker to B.
Holian, dated July 15, 2011, with attached Letter from M. Sanza to M. Villa and D. O'Connell, dated July 1, 2011.
Letter to Brian E. Holian Page 2 of 4 August 11,2011 Entergy's selective argument does not dispute that New York State's act of denial of the certification application was timely. Similarly, Entergy does not address judicial precedent that also runs counter to its new found theory.. Though the Department's denial was within one year of Entergy's submission of its application, federal precedent suggests that the one-year period did not begin to run until February 26, 2010, which was the date that the Department deemed the application complete and was more than 10 months after Entergy submitted the application) Thus, the Department's denial on April.2, 2010 arguably would have been timely if made as late as February 26, 2011, the one year period after Entergy cured the deficiencies in its application documents it submitted to the Department.
As illustrated in the enclosed Timeline, the milestone events related to the Department's denial of Entergy's application for the Section 401 Water Quality Certification included the Department's requests for additional information; Entergy's submission of.additional informati6n; the Department's determination of completeness; and theDepartment's issuance of the denial. Despite Entergy's delay in providing sufficient and necessary information for the application to be deemed complete, the Department offered a reasoned and detailed basis for the denial of the Water Quality Certification application as required by federal law. In sum, the Department's review and denial, and all of these events, occurred well within the requisite one-year period under the Clean Water Act.
Entergy Availing Itself of New York's Administrative Process Subsequent to the State's Timely Denial Does Not Convert New York's Timely Denial into a "Waiver."
Entergy is attempting to conflate the Clean Water Act one-year action period with the subsequent New York State administrative hearing process - a hearing process expressly
- requested by Entergy - to magically-wipe away New York's timely denial of its application for a Section 401 Water Quality Certification. Not only does this effort fail on the facts and the law, Entergy's current novel theory is belied by the fact that it has not withdrawnits hearing request to the Department despite its "waiver" claim.
After the Department denied Entergy's application for the Section 401 Water Quality Certification, Entergy requested 'an administrative hearing to challenge that denial. This administrative process subsequent to the Department's denial is provided for by the .State Uniform Procedures Act and does not alter the legal consequences of New York's April 2, 2010 denial. Indeed, Entergy offers no controlling legal authority for such a proposition. Instead, Entergy's sleight of hand suggests that because NewYork has an otherwise robust administrative process for review of agency decisions subsequent to when the administrativeagency takes the action-on the Section 401 application, the Department's decision on the application cannot be the agency action required by the Clean Water Act. Entergy's new theory has no merit. State and Federal law and existing legal precedent establish clearly that Entergy's subsequent request for. additional review to challenge New York's denial cannot alter the fact that the State. met the Clean Water Act requirement for that denial.
1 The Fourth Circuit recently held that the one-year period does~not even commence until an application is deemed valid. AES Sparrows Point LNG, LLC v. Wilson, 589 F.3d 721 (401 Cir 2009) (holding that the Army Corps of Engineers properly determined that the State of Maryland had not waived its right to review a Section 401 application for a water quality certification when the State issued its decision within one year of a valid application).
Letter to Brian E. Holian Page 3 of 4 August 11, 2011 The State-administrative hearing process that reviews the agency's action to deny the certification application often occurs over a much lengthier timeframe - well beyond one year.
The State's §ubseqident*d'A stra+/-ti-ve process -cotraststo-the Water Quality Certification' application determination, which is a pio6duct of federal law. In fact, as illustrated in the enclosed Timeline, the numerous milestone events attendant to the administrative hearing process here demonstrate that this process could. not be concluded within one year.
Under New York's administrative process that follows a decision on a Section 401 Water Quality Certification application, numerous milestone events occur in a typical Uniform Procedures Act proceeding. Here, they include the applicant's submission of a Request for Adjudicatory Hearing; the'Department's"publication of Notice of Public Comment Period, Legislative Public Hearing and Issues Conference; the Department's convening of a Legislative Public Hearing and Issues Conference; the parties' submission of closing and reply briefs; the ALJ's Ruling on proposed Issues for Adjudication and Petitions for Party Status and Scheduling Order; the parties' submission of Pre-filed Direct and' RebuttalTestimony; and the holding of the adjudicatory hearing. See Attached Timeline. As demonstrafed by the Timeline, the subsequent administrative process cannot occur within one year, let alone in conjunction with the Department's review of the Section401 application and its action to grant or deny the application. New York State law does not contemplate that result, nor does the Clean Water Act require it.
In previous correspondence, the Department has made clear that .Courts have. acknowledged that a state's action on a Section 401 Water-Quality Certification application is distinct from an agency's subsequent review process, and that the subsequent review process is not subject to the one-year period. See City of Klamath Falls v. Environmental Quality.Commission, et al.,119 Or.
App. 375, 377-378, 851 P.2d 602, 604 (1993); affirmed City of Klamath Falls v. Environmental Quality Commission, et al., 318 Ore. 532, 870 P.2d 825 (1994) (stating that "[a]lthough the [applicant] had every right to pursue a review, we do not construe Section 401 as.contemplating that an applicant may benefit from the running of the one year period while review is taking place, at.
the applicant's instance, of the denial of certification by the entity that is statutorily designated to make that derision"); see also FPL Energy Main Hydro LLC v. Dept. of Envtl. Protection,2007 Me.
97, 926 A.2d 1197, 1203 (Supreme Judicial Court of Maine, 2007), cert denied 128 S. Ct. 911 (2008)
(stating that "[t]here is no indication . that Congress intended for all in-state appeals tobe completed within the same one-year deadline. If Congress. intended to impose such extreme time pressure, it would have used specific language to that effect.")..
The fact that Entergy has availed itself of the administrative review opportunity that involves a number of milestones that necessarily occur beyond one year should not be used as a sword by Entergy.. Simply stated, Entergy controlled whether it would opt for the administrative process subsequent to the denial. Now, Entergy wants the Commission to recognize its creative re-.
writing of the requirements of the Clean Water Act that courts have rejected. New York's administrative procedure following a denial, however, does not alter the fact that the State of New York acted on Entergy's application, and that the action was timely.
Letter to Brian E. Holian Page 4 of 4 August 11, 2011 I note, too, that Entergy's newly proffered theory of "waiver" also comes over a year into the Uniform Procedures Act process that Entergy availed itself of under New York State Law (after New York's..timely denial) with Entergy's filing. of a request for an adjudicatory hearing on April 29, 2010.
Entergy seeks to avail itself of every possible avenue in support of its application. in the license renewal process for the nuclear generating facilities at Indian Point Units 2 and 3. Entergy has the option to pursue that path, but having chosen to do so, it must abide by the consequences and not use it as a sword in an unfounded attempt to undo a program that Congress delegated to the State more than 30 years ago. Moreover, and for the reasons stated above, Enitergy cannot ignore the express provisions of the Clean Water.Act, judicial interpretations of those provisions, and the legal determinations, reasonably made, of the New York State Department of Environmental Conservation.
Please let me know if you have any questions about. the State's timely denial' of Entergy's application for a Section 401 Water Quality Certification for the 20-year license renewal of Indian Point Units 2 and 3.
Very truly yours,
/ John L. Parker cc: By U.S. Mail Commissioner Joe Martens, Department. of Environmental Conservation William Dean, Regional Administrator, N C Region 1 John Boska, NRR Senior Project Managerd Paul Eddy, NYS Department of Public Service NRC Resident Inspector's Office Andrew Stuyvenberg, NRC License Renewal Environmental Project Manager Sherwin Turk, NRC Office of General Counsel Fred R. Dacimo, Vice President Operations, Entergy Nuclear Northeast
State of New York Department of Environmental Conservation Federal Clean Water Act Section 401 Water Quality Certification Application for Indian 'Point Units 2 and 3 Timeline Section 401 Water Quality Certification Process - Milestones to DEC's Timely Denial April 6, 2009 Entergy submits Section 401 Water Quality Certification (WQC) Application to NYS Department of Environmental Conservation (NYSDEC)
May 13, 2009 DEC sends Request for Additional.Information to Entergy June 12, 2009 -
March 22, 2010 Entergy submits additional information to NYSDEC February 26, 2010 NYSDEC determines Section, 401 WQC Application "complete" March 4, 2010 NYSDEC publishes Notice of Completeness in NY Environmental Notice Bulletin (ENB)
April 2, 2010 NYSDEC denies Section 401 WQC Application April 6, 2010 One yearfrom date Entergy submitted its Section 401 WQC Application Post-Section 401 Denial Process - Milestones in Subsequent Administrative Process.
April 29, 2010 Entergy requests adjudicatory hearing on NYSDEC's Denial June 9, 2010 NYSDEC publishes Notice of Public Comment Period, Legislative Public Hearing, and Issues Conference in ENB on Entergy's hearing request July 20, 20 10 Legislative Public Hearing held in Cortlandt Manor, NY July 21, 2010 Issues Conference held in New Paltz, NY September 24, 2010 Post-Issues Conference Closing Briefs filed by the parties October 29, 2010 Post-Issues Conference Reply Briefs filed by the parties December 13, 2010 Ruling on Proposed Issues for Adjudication and Petitions for Party Status and Scheduling Order setting initial adjudicatory hearing date February26, 2011 One yearfrom date AYSDEC determined Entergy's Section 401 WQC Application '"complete" July 22, 2011 Pre-filed direct testimony filed by the parties September 28, 20 11 Pre-filed rebuttal testimony to be filed by the parties' October 17, 2011 Adjudicatory hearing begins on NYSDEC Denial of Section 401 WQC Application