ML101330395

LTR-10-0195 - Ltr. Rep. Nita Lowey Regarding NRC Denies Stakeholders Right to Request a Hearing on the Nrc'S Approval of a Shortfall in Decommissioning Funds for Indian Point

ML101330395
Person / Time
Site:	Indian Point
Issue date:	04/29/2010
From:	Lowey N, Shapiro S Citizens Awareness Network, Indian Point Safe Energy Coalition, Public Health & Sustainable Energy (PHASE), US HR (House of Representatives)
To:	Eugene Dacus Office of Congressional Affairs
Shared Package
ML101330391	List: ML101330395 ML101590546
References
LTR-10-0195
Download: ML101330395 (4)

Text

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Apr 29, 2010 10:47 PAPER NUMBER: LTR- 10-0 195 LOGGING DATE: 04/29/2010 ACTION OFFICE: OGC AUTHOR: REP Nita Lowey AFFILIATION: CONG ADDRESSEE: Eugene Dacus

SUBJECT:

NRC denies stakeholders right to request a hearing on the NRC's approval of a shortfall in decommissioning funds for Indian Point ACTION: Direct Reply DISTRIBUTION: RF, OCA to Ack LETTER DATE: 04/29/20 10 ACKNOWLEDGED No SPECIAL HANDLING:

NOTES:

FILE LOCATION: ADAMS DATE DUE: 0512 1120 10 DATE SIGNED:

"rom: Dacus, Eugene Sent: Wednesday, April 28,2010 11:53 AM To : Champ, Billie Cc: Belmore, Nancy; Powell, Amy; Schmidt, Rebecca; Collins, Sam; Turk, Sherwin; Mallett, Bruce; Holian, Brian; Droggitis, Spiros; Williamson, Edward; Dusaniwskyj, Michael; Tifft, Doug; McNamara, Nancy

Subject:

IPSEC Concern Attachments: IPSEC.pdf

Billie, The attached letter was sent by Congresswoman Lowey. She is requesting that the NRC provide a written response to her on this matter.

Gene

MILTON B SHAPIRO PAGE 01/02 XndLsn mint Safe Energy Coalition (IPSZC)

WestuhesIt:ez Cftiseaa Awazeness Netwo~k (West-)

PubLLo Hma1t.h ma Bustaindrle Energy (PaABEl) 21 Perlman Drive, Spring Valley, NX 10977

( B 4 5 ) 371-2100, f a x ( 8 4 5 ) 371-3721 mbs@ourrockXandoffice.com Senator Kirsten Gillibrand Senator Charles Shumer Congressman JolsnHall Cohgresswarnan N1ta Lowey Congressman Eliot Engel Can$t*essmanMaurlce Hinchey Governor David Paterson Attorney General Andrew Cubrno R k NRC denies Stakeholders rfghtt o request a hearing on the NRC's approval of a shortfall in decommissioning funds for Indian Point.

Dear Congressional Delegation,

Governor and Attorney General:

The Indian Point Safe Energy Coalition [IPSEC], Westehester Citjaens Awareness Network (WestCAN) and Public Health and Sustainable Energy (PI-IASE]

have asked the NRC for a public hearing about Entergy's lack of adequate funds to decornm~ssionthe Indian Point Nuclear plant. [Attachment #I),

The NRC recently approved a $38.6 million shortfall in Enteray's decommissioningfund. They also extended the tlme to clean up the site by an additional 50 years wwlthout: factoring in the increased costs of de~ommlssioningdue to the historical and currently contlnulng know11leaks ofradtoactiveiy contaminated water and the permanent lrse of the stte for high level and low level radioactive wasb storago, some ofwhich has been transferred toldry cask storage on the banks of the Hudson River. We canrend that these are significank and substantive modlflcatlonsin the llcense requirements. The ~ t o n i i Energy c Act guarantees hearing rights of Stakeholderswho request a heariniregarding slgnfflcai~tmodifications of the operating licenses of nudear facilities.

Yet, the NRC denied a11r petjffon by claiming that local organlzatlons "must:

already be a "party" to a pre-exfstlng "proceedingunder section 1.89of the Atomic Energy Acr, No such proceeding exists hws and you are not a "party." They claim there is "no proceediM since they have named this significant license modification

MILTON B SHAPIRO PAGE 02/02 a "finding"instead of a proceeding, Tlifs circular reasoning bars publrc parkicfpatlon as required by Congresslbnal legislation, it circumvents Congressional intent, and it denies legal sunding to Staksholders Ifving within 50 rnllss of a nuclear facility.

[Attachment #2).

We are vory concerned that. the NRC has once again signiff'cantly modifled the Iicense for Indian Point wlthaut holding required and requested public hearings.

These si~nificant license modifications, signiff candy increase the risk to the environment, public health and safety,and create enormous public liabilitles, The NRC representative suggested we flle a 2,206 Petition. However, 2.206 petitions al'e enforcement actions against the nuclear facility operators, not against the NRC staffand Cammission for violating the Atomic Energy Ack, and therefolle not applicable. The NRC has for years used their 2,206 petitions l o pr:event meaningful public participation.

We request that you intervene on our behalf to enforce the laws and intent of Congress in t11eAtomic Ensrgy Act by requiring the NRC to hold the required publk hearings on these significant license modifications. *

+d Susan H.Shapiro Representing:

Indian Point Safe Energy Goalltbn (I~SRC],Westchester CtHxens Awareness Network (WestCAN]

P~lblicHealth and Sustainable Energy [PHASE)