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Category:Congressional Correspondence
MONTHYEARML23097A0822023-04-0606 April 2023 LTR-23-0084 Senator Charles Schumer Et Al., Letter Regarding Holtec Decommissioning International'S Decision to Expedite Its Planned Release of Over One Million Gallons of Radioactive Wastewater from the Indian Point Energy Center Into the ML21235A1002021-09-13013 September 2021 LTR-21-0219-1 Letter Response to Senator Chuck Schumer Et Al Letter Re Comments for the July 29, 2021 Government to Government Meeting Regarding Indian Point ML21235A1012021-09-13013 September 2021 LTR-21-0219-1 Enclosure Response to Senator Chuck Schumer, Et Al., Letter Comments for the July 29, 2021 Government-to-Government Meeting Regarding Indian Point ML21077A2732021-03-25025 March 2021 03-25-21 Letter to the Honorable Charles E. Schumer, Et Al., from Chairman Hanson Responds to Letter Regarding Concerns Related to the Commission'S Recent Decision to Deny Hearing Requests in the Indian Point Energy Center License Transfer ML21054A1992021-02-22022 February 2021 LTR-21-0062 Senator Charles Schumer, Et Al., Concerns Denial of the Hearing Requests Submitted Regarding the License Transfer from Entergy to Holtec for the Decommissioning of Indian Point and Urges the NRC to Reverse This Decision Under It ML21022A2212021-02-0505 February 2021 Letter to Senator Charles Schumer from Margaret Doane Response for NRC to Reconsider Its Decision to Not Allow for a Public Hearing in the Transfer of Indian Point'S License ML20336A2932020-11-20020 November 2020 Letter to the Honorable Charles E. Schumer Et Al., from Margaret M. Doane, Executive Director for Operations Re a Public Hearing in the Transfer of Indian Point'S License ML20328A2632020-11-16016 November 2020 LTR-20-0421 Senators Schumer and Gillibrand, and Representatives Lowey, Maloney, and Engel Letter Calling on the NRC to Reconsider Its Decision to Not Allow for a Public Hearing in the Transfer of Indian Point'S License ML20262H1382020-09-18018 September 2020 Letter from David C. Lew to Congresswoman Nita Lowey Regarding Indian Point Virtual Plant Safety Assessment, the Proposed License Transfer, and the Nrc'S Reviews Regarding the 42-inch Alonquin Incremental Market Natural Gas Pipeline ML20262H1842020-09-18018 September 2020 Letter from David C. Lew to Senator Kirsten Gillibrand Regarding Indian Point Virtual Plant Safety Assessment, the Proposed License Transfer, and the Nrc'S Reviews Regarding the 42-inch Alonquin Incremental Market Natural Gas Pipeline ML20087M2782020-03-11011 March 2020 LTR-20-0116 Sandra Galef, Assemblywoman, New York State Legislature, Et Al., Letter Inspector General'S Report on Concerns Pertaining to Gas Transmission Lines at the Indian Point Nuclear Power Plant Case No. 16-024 ML20023B3292020-01-21021 January 2020 LTR-20-0019 Senator Charles Schumer, Et Al., Letter Request for NRC to Extend the Public Comment Period for the License Transfer for Indian Point ML19329C9922019-11-21021 November 2019 LTR-19-0459 Senator Charles Schumer, Et Al., Letter to Holtec Regarding Oversight of the Decommissioning Process and the Potential Transfer of Indian Point'S Nuclear Regulatory Commission License from Entergy Corporation to Holtec Internati ML16208A4302016-08-15015 August 2016 08/15/16, Letter to Congressman Maloney from Chairman Burns responds to this letter with concerns regarding the restart of Indian Point Energy Center Unit 2 and the need for a safety review of Unit 3 ML16196A3832016-07-14014 July 2016 Acknowledgement Receipt of Letter to Congressman S.P. Maloney Letter Submitted to NRC on 06/17/2016 ML16196A3662016-06-17017 June 2016 LTR-16-0374: Representative Sean Patrick Maloney, Letter Concern with Restarting Operations at Indian Point Unit 2 Without Having Completed a Comprehensive Root Cause Analysis That Includes Metallurgical Testing of the Failed Baffle Bolts ML16146A2332016-06-0303 June 2016 06/03/2016 - Letter to Senator Kirsten Gillibrand from Chairman Burns re: Degraded Baffle Former Bolts at Indian Point, Unit 2 ML16146A2022016-06-0303 June 2016 06/03/2016 - Letter to Senator Barbara Boxer, Kirsten Gillibrand and Cory Booker from Chairman Burns re: Degraded Baffle Former Bolts at Indian Point Nuclear Power Plant, Salem Nuclear Plants and Diablo Canyon Power Plant ML16145A0722016-05-20020 May 2016 LTR-16-0285 Senator Barbara Boxer Et Al., Letter Degraded Baffle Former Bolts at Indian Point Nuclear Power Plant, Salem Nuclear Plants and Diablo Canyon Power Plant ML16132A3672016-05-10010 May 2016 LTR-16-0268 - Senator Kirsten Gillibrand, Congress, Ltr Degraded Baffle Former Bolts at Indian Point, Unit 2 ML16068A2322016-03-29029 March 2016 Letter to Senator Kirsten Gillibrand from Chairman Burns Accidental Release of Radioactive Material Into the Groundwater at the Indian Point Energy Center ML16055A4742016-03-10010 March 2016 03/10/16, Letter to the Honorable Nita Lowey from Chairman Burns Responds to her Letter Regarding the Recent Tritium Leak at the Indian Point Energy Center ML16050A4322016-02-18018 February 2016 LTR-16-0086 - Senator Kirsten Gillibrand, Letter re: Accidental Release of Radioactive Material into the Groundwater at the Indian Point Energy Center ML16074A0922016-02-11011 February 2016 02-11-16 Ack Ltr to Congresswoman Lowey Regarding a Tritium-Contaminated Water Leak Into Groundwater at Indian Point Energy Center ML16040A2712016-02-0808 February 2016 LTR-16-0061 - Representative Nita Lowey Letter Recent Tritium Leak Into the Groundwater at the Indian Point Energy Center ML15159A8652015-06-24024 June 2015 Ltr to Congresswoman Nita M. Lowey from Chairman Burns Responds to Her Letter to Build a New Gas Pipeline About one-quarter Mile from the Indian Point Energy Center Units 2 and 3 Reactors ML15153A2082015-06-16016 June 2015 Letter to Congresswoman Nita Lowey, from Chairman Burns Regarding Nuclear Safety at the Indian Point Energy Center Following a Transformer Fire on Ma 9, 2015 (Response) ML13234A0642013-08-20020 August 2013 08-20-13 Acknowledgment Letter to the Honorable Nita Lowey Signed Petition by Residents of New York and New Jersey on the Relicensing Renewal Requests for Reactors 2 and 3 at Indian Point (G20130601) ML13231A2412013-08-19019 August 2013 Limited Appearance Statement of Nita M. Lowey, U.S. Congress, Opposing Indian Point License Renewal ML13231A2242013-08-19019 August 2013 G20130601/LTR-13-0682-Ticket - Representative Nita Lowey Ltr. Signed Petition by Residents of New York and New Jersey, Urging the NRC to Deny the Relicensing Renewal Requests for Reactors 2 and 3 at Indian Point Entergy Center in Buchanan, ML13231A2222013-08-19019 August 2013 G20130601/LTR-13-0682 - Representative Nita Lowey Letter Signed Petition by Residents of New York and New Jersey, Urging the NRC to Deny the Relicensing Renewal Requests for Reactors 2 and 3 at Indian Point Entergy Center in Buchanan, Ny ML13141A3582013-05-0606 May 2013 G20130396/LTR-13-0439 - Senator Kirsten Gillibrand Ltr. Findings from a Recent Gao Report (March 2013) and the Lack of Information as to How Residents Outside of the 10-Mile Emergency Planning Zone Would React in an Emergency ML12340A7112012-07-12012 July 2012 Official Exhibit - ENT000544-00-BD01 - Letter from A. Macfarlane, Chairman, NRC, to E. Markey, U.S. Congressman, Regulatory Commitments (July 12, 2012) ML12233A7072012-07-12012 July 2012 Entergy Pre-Filed Hearing Exhibit ENT000544 - Letter from A. Macfarlane, Chairman, NRC, to E. Markey, U.S. Congressman, Regulatory Commitments (July 12, 2012) ML12318A0302012-03-16016 March 2012 State of New York Pre-Filed Evidentiary Hearing Exhibit NYS000461, Regulations and Policies to Undertake Safety and Other Improvements by NRC Licensees as Part of License Extension Proceedings (EDATS: SECY-2012-0131) ML15331A1592012-03-16016 March 2012 Official Exhibit - NYS000461-00-BD01 - Regulations and Policies to Undertake Safety and Other Improvements by NRC Licensees as Part of License Extension Proceedings (EDATS: SECY-2012-0131) ML12080A1512012-03-13013 March 2012 G20120186/LTR-12-0100/EDATS: SECY-2012-0127 - Ltr. Fm Rep. Nita M. Lowey Concerns About Evacuation Plans for Impacts of a Fukushima-Level Accident at Indian Point ML11270A0772011-09-26026 September 2011 Response of EDO to Representative Lowey Letter Regarding Replacement Power for IP2 and IP3 ML11265A1392011-09-26026 September 2011 G20110686/LTR-11-0482/EDATS: SECY-2011-0514 - Ltr to Rep. Nita M. Lowey Fm R. W. Borchardt Regulation Identification Number (Rule) Flexibility on Relicensing Terms - Indian Point ML11263A2632011-09-16016 September 2011 Letter from the Secretary in Response to Congresswoman Nita Lowey'S Letter of August 15, 2011 ML11263A0102011-08-15015 August 2011 G20110686/LTR-11-0482/EDATS: SECY-2011-0514 - Ltr. Rep. Nita M. Lowey Regulation Identification Number (Rule) Flexibility on Relicensing Terms - Indian Point ML11210B4222011-07-21021 July 2011 G20110552/LTR-11-0432/EDATS: SECY-2011-0430 - Ltr. Nita Lowey Indian Point Safety Concerns CY-92-223, G20110523/LTR-11-0411/EDATS: SECY-2011-0411 - Ltr. from Rep. E.J. Markey to Chairman Jaczko NRC Safety Requirements for Reactors Granted Construction Permits Prior to 19712011-07-14014 July 2011 G20110523/LTR-11-0411/EDATS: SECY-2011-0411 - Ltr. from Rep. E.J. Markey to Chairman Jaczko NRC Safety Requirements for Reactors Granted Construction Permits Prior to 1971 ML11171A5182011-06-22022 June 2011 G20110418/LTR-11-0322/EDATS: SECY-2011-0328 - Ltr to Rep. Nita M. Lowey from R. W. Borchardt Nrc'S Annual Assessment Meeting for Indian Point Energy Center ML11329A0452011-05-31031 May 2011 Acknowledgement Letter to Honorable Kirsten E. Gillibrand, U.S. Senate, Requesting a Review of All Past Agreements and Exemptions Granted to the Licensee of the Indian Point Nuclear Generating Stations ML11159A1382011-05-26026 May 2011 G20110418/LTR-11-0322/EDATS: SECY-2011-0328 - Ltr. Nita M. Lowey Nrc'S Annual Assessment Meeting for Indian Point Energy Center ML11147A1002011-05-24024 May 2011 G20110384/LTR-11-0315/EDATS: SECY-2011-0312 - Ltr. from Sen. Kirsten E. Gillibrand Recent Inspection of Indian Point Nuclear Generating Units 2 & 3 ML11172A1582011-04-29029 April 2011 G20110462/LTR-11-0259/EDATS: SECY-2011-0367 - Ltr. Sen. Kirsten E. Gillibrand, Indian Point - Safety Concerns ML1109400682011-03-24024 March 2011 LTR-11-0171 - Ltr. Rep. Nita Lowey Urges the White House to Coordinate with the NRC and FEMA to Ensure the Soundness of the Emergency Evacuation Process and Give Full Consideration of the Risks and Consequences Associated with Indian Point ML1015905462010-06-0303 June 2010 LTR-10-0195 - Response to Request from REP Nita Lowey Regarding Shortfall of Decommissioning Funds for Indian Point Unit 2 2023-04-06
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 3,2010 The Honorable Nita Lowey United States House of Representatives Washington, DC 20515
Dear Congresswoman Lowey:
This letter responds to your request for an explanation of the NRC's letter, dated March 16, 2010, to Ms. Susan Shapiro. On March 1, 2010, Ms. Shapiro submitted a petition that sought a formal adjudicatory hearing regarding decommissioning funding for the Indian Point Unit 2 facility. Ms Shapiro invoked the Atomic Energy Act and the Nuclear Waste Policy Act. As the Secretary of the NRC explained in her March 16, 2010 response, Ms. Shapiro's petition did not establish any grounds for an NRC hearing.
Specifically, Ms. Shapiro's petition challenged statements contained in an NRC staff letter, dated December 28, 2009. A copy of that letter is enclosed for your review. In that letter, the NRC staff described its review of the licensee's "Biennial Decommissioning Funding Report,"
which the licensee submitted on March 30, 2009, as required by NRC regulations. The NRC staff concluded that the licensee's submission, as supplemented, "provides reasonable assurance of adequate decommissioning funding at the time of permanent termination of operations with the proposed use of SAFESTOR," which is one of the NRC-approved methods of decommissioning. Thus, the NRC staff found that the licensee was in compliance with the applicable NRC regulations.
Ms. Shapiro's petition asked that she be allowed to intervene in a hearing to challenge the staff's finding. The Atomic Energy Act ("AEA") requires the NRC to provide a hearing opportunity only for the "granting, suspending, revoking or amending of any license ... and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees ... " But, as the Secretary pointed out in her March 16, 2010 response, the NRC staff's decommissioning funding finding falls in none of those categories. The NRC staff letter of December 28, 2009, does not "grant" the licensee a new license for the Indian Point 2 facility and does not "amend" the current Indian Point Unit 2 license in any way. Instead, the letter states simply that the licensee's current decommissioning plans for the Indian Point 2 facility are in compliance with the applicable NRC regulations. Because the December 28, 2009 letter does not give the licensee permission to do anything not already authorized by the Indian Point Unit 2 license, the hearing provisions of AEA Section 189a do not apply to any NRC "finding" stated in that letter. In short, there was no proceeding in which Ms. Shapiro could intervene.
Ms. Shapiro's Petition also requested a hearing under the provisions of the Nuclear Waste Policy Act ("NWPA") of 1982, specifically, Section 134 of the Act. But as the Secretary also
pointed out in her March 16, 2010 response, this section applies only to an already existing proceeding established under the AEA. And, as the Secretary also noted, to invoke the provisions of the NWPA, a person must already be a party to a proceeding established under the AEA. Because there was no AEA proceeding and Ms. Shapiro was not a party, the provisions of the NWPA did not apply.
The NRC will be pleased to respond to any additional questions you may have concerning this matter. Please contact me at 301-415-1776.
Sincerely,
~~
Rebecca Schmidt, Director Office of Congressional Affairs
Enclosure:
As stated
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 28, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249
SUBJECT:
INDIAN POINT NUCLEAR GENERATING UNIT NO.2 - DECOMMISSIONING FUNDING STATUS REPORT (TAC NO. ME0528)
Dear Sir or Madam:
By letter dated March 30, 2009, Agencywide Documents Access and Management System (ADAMS) Accession No. ML090920576, Entergy Nuclear Operations, Inc. (Entergy), submitted the Biennial Decommissioning Funding Report required by Title 10 of the Code of Federal Regulations (10 CFR) Section 50.75, "Reporting and recordkeeping for decommissioning planning" for the nuclear power plants operated by Entergy. Based on the Nuclear Regulatory Commission (NRC) staff's analysis of the report, the NRC staff estimated a projected shortfall in decommissioning funding assurance of $38.6 million for Indian Point Nuclear Generating Unit No.2 (IP2). See ADAMS Accession No. ML091940387 for details on that calculation. By letter dated June 18,2009, ADAMS Accession No. ML091630533, the NRC informed Entergy that there may be a shortfall in the decommissioning trust fund (DTF) for IP2 and asked Entergy to provide more information on the DTF. On June 29,2009, NRC staff held a conference call with Entergy to discuss the DTF. See ADAMS Accession No. ML091890807 for a summary of the call. On July 22,2009. NRC staff held a second conference call with Entergy. See ADAMS Accession No. ML092100643 for a summary of that call.
By letter dated August 13, 2009, ADAMS Accession No. ML092260736, Entergy provided additional information on the decommissioning funding. The NRC staff has reviewed the submittal, which outlines Entergy's plan of action to cover shortfalls in providing decommissioning funding assurance and/or decommissioning funding realized in the report for IP2 that was submitted on March 30, 2009.
Based on the information provided by Entergy on August 13, 2009, the NRC staff finds that IP2, as of July 31,2009, has a DTF balance of $326.9 million. Entergy proposes the use of safe storage (SAFSTOR) from IP2's license termination in 2013 through 2063, with 10 additional years through to 2073 dedicated towards decommissioning activities. This allows the DTF to increase during the SAFSTOR years. The NRC staff has reviewed the licensee's plan and determined that the licensee, as of AUgust 13, 2009, provides reasonable assurance of adequate decommissioning funding at the time of permanent termination of operations with the proposed use of SAFSTOR. Accordingly, the NRC staff concludes that no further action is required at this time to demonstrate adequate decommissioning funding assurance, according to NRC standards. for IP2.
Please contact me at (301) 415-2901 if you have any questions on this issue.
Sincerely, v.~
~ J n P. Boska, Senior Project Manager lant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247 cc w/encl: Distribution via Listserv