ML15061A307

NRC Staff'S 37th Status Report

ML15061A307
Person / Time
Site:	Indian Point
Issue date:	03/02/2015
From:	Sherwin Turk NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 27322
Download: ML15061A307 (11)

Text

March 2, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

NRC STAFFS 37th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012 In accordance with the Atomic Safety and Licensing Boards (Board) Order (Granting NRC Staffs Unopposed Time Extension Motion and Directing Filing of Status Updates)

(Order), issued on February 16, 2012, the NRC Staff (Staff) herewith provides its 37th monthly status report to the Board.

Safety Issues

1. Track 2 Safety Issues. On November 6, 2014, the Staff issued Supplement 2 to its Safety Evaluation Report (SER) related to license renewal of Indian Point Units 2 and 3 (IP2/IP3).1 Therein, the Staff addressed changes made to the license renewal application (LRA) through Amendment 14;2 revisions to the IP2 Updated Final Safety Analysis Report 1

See (1) Letter from Sherwin E. Turk, Esq. to the Board (Nov. 7, 2014); (2) Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (ADAMS Accession No. ML14288A608); (3) Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supplement 2, NUREG-1930, Supp. 2 (Nov. 2014) (SER Supplement 2 or SSER2) (ADAMS Accession No. ML14310A803). On November 12, 2014, the Staff transmitted SSER 2 to the Advisory Committee on Reactor Safeguards (ACRS) for its consideration. See Letter from Yoira Diaz-Sanabria, NRR to Edwin Hackett, ACRS (Nov. 12, 2014).

2 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Amendment 14 to License Renewal Application, NL-13-131 (Sept. 26, 2013) (ADAMS Accession No. ML13269A452).

(UFSAR);3 information provided by Entergy Nuclear Operations, Inc. (Entergy or Applicant) in response to Staff requests for additional information (RAIs) following the issuance of SER Supplement 1;4 and the Staffs evaluation of the IP2/IP3 Reactor Vessel Internals (RVI) Aging Management Program and Inspection Plan (AMP), which relates to Contention NYS-25.

On December 9, 2014, the Board issued a Revised Scheduling Order, in which it ordered, inter alia, that new and amended contentions arising from SSER 2 are to be filed by February 9, 2015.5 By Order of February 6, 2015, the deadline for filing such contentions was extended to February 13, 2015.6 On February 13, 2015 (as revised and refiled on February 17, 2015), the State of New York (New York) filed a motion for leave to supplement Contention NYS-25, along with a Supplement and the Declarations of Richard T. Lahey, Jr. and Lisa S. Kwong.7 Also on February 13, 2015 (as revised and refiled on February 17, 2015), New York and Riverkeeper, Inc. filed a motion for leave to supplement Contention NYS-38/RK-TC-5); that motion was accompanied by a Supplement, and the Declarations of Dr. Lahey (also filed on Contention NYS-25) and Dr. Joram Hopenfeld.8 Pursuant to 10 C.F.R. § 2.309(i)(1)-(2), answers to those motions are due on March 10, 2015, and any replies are due 7 days thereafter.

3 See Letter from Fred Dacimo, Entergy, to NRC Document Control Desk, Indian Point Energy Center Letters to NRC, License Renewal Application, dated April 23, 2007, NL-13-130 (Sept. 26, 2013)

(ADAMS Accession No. ML13269A452).

4 Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Plant Units 2 and 3, NUREG-1930, Supp. 1 (Aug, 2011) (SER Supplement 1).

5 Revised Scheduling Order (Dec. 9, 2014), at 2.

6 Order (Granting New York and Riverkeepers Motion) (Feb. 6, 2015).

7 See State of New Yorks Motion for Leave to Supplement Previously-Admitted Contention NYS-25 (Feb. 13, 2015).

8 See State of New York and Riverkeepers Joint Motion for Leave to Supplement Previously-Admitted Joint Contention NYS-38/RK-TC-5 (Feb. 13, 2015).

In accordance with the Boards Revised Scheduling Order, inasmuch as amended contentions have been filed, motions for summary disposition of Track 2 safety contentions are due 20 days after issuance of the Boards ruling on contention admissibility. In addition, new or revised statements of position, written testimony with affidavits, and exhibits; motions to strike; proposed Board questions; motions for leave to conduct cross-examination, and cross-examination plans are due within specified times following issuance of the Boards ruling on contention admissibility, as set forth in the Boards Revised Scheduling Order.9 Environmental Issues

2. FSEIS Supplement. There has been no change in this item since the Staff filed its previous status report. As stated previously, the Staff intends to issue a second supplement to the Final Supplemental Environmental Impact Statement (FSEIS) for license renewal of IP2 and IP3,10 which will address new information received by the Staff since preparation and publication of the previous FSEIS Supplement (FSEIS Vol. 4) in June 2013. The matters to be addressed in this FSEIS supplement include the Applicants May 6, 2013 submittal of revised engineering project cost information for severe accident mitigation alternatives (SAMAs);

Entergys February 19, 2014 submittal of new aquatic impact information; the June 2013 revision of 10 C.F.R. Part 51, Table B-1, and the Generic Environmental Impact Statement for license renewal; and the September 2014 amendment of 10 C.F.R. § 51.23(b) regarding the continued storage of spent nuclear fuel.11 The Staff expects to issue the Draft FSEIS 9

Revised Scheduling Order (Dec. 9, 2014) at 2-3.

10 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38 (Dec. 2010) (FSEIS) (Ex. NYS000133A-J).

11 See (1) NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437, Rev. 1) (June 2013); and (2) NUREG-1437, Volumes 1-2:

Generic Environmental Impact Statement for License Renewal of Nuclear Plants (May 1996) ("GElS-LR")

(Exh. NYS000131A-I).

Supplement in July 2015 and the Final FSEIS Supplement in March 2016.12

3. Contention NYS-35/36. On July 14, 2011, the Board issued LBP-11-17, granting summary disposition on Contention NYS-35/36 (Cost-Beneficial SAMAs) in favor of New York.13 On February 14, 2014, the Applicant and Staff filed petitions seeking Commission review of that decision;14 New York filed an answer opposing those petitions on March 25, 2014; replies were filed on April 9, 2014. The petitions are currently pending before the Commission.

On May 7, 2013, the Applicant notified the Board that it had submitted a letter to the Staff (NL-13-075), reporting the results of its completed engineering project cost estimates for Severe Accident Mitigation Alternatives (SAMAs) that previously had been identified as potentially cost-beneficial.15 The Applicant noted, inter alia, that it was submitting the information to support resolution of certain issues identified by the Board in LBP-11-17. On October 6, 2014, the Staff transmitted RAIs to the Applicant concerning its refined engineering project cost information; the Applicant submitted its responses on November 20, 2014.16 As stated previously, the Staff plans to present its evaluation of the Applicants revised SAMA cost 12 See Letter from Christopher G. Miller (NRC) to Vice President, Operations (Entergy) (Nov. 3, 2014) (ADAMS Accession No. ML14254A207).

13 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-11-17, 74 NRC 11, petition for interlocutory review denied, CLI-11-14, 74 NRC 801 (2011).

14 See (1) Applicants Petition for Review of Board Decisions Regarding Contentions NYS-8 (Electrical Transformers), CW-EC-3A (Environmental Justice), and NYS-35/36 (SAMA Cost Estimates)

(Feb. 14, 2014) (Applicants Petition for Review); and (2) NRC Staffs Petition for Commission Review of LBP-13-13 in Part (Contentions NYS-8 and CW-EC-3A), and LBP-11-17 (Contention NYS-35/36)

(Feb. 14, 2014) (Staff Petition for Review).

15 See Letter from Kathryn M. Sutton, Esq., et al., to the Board (May 7, 2013), attaching Letter from Fred Dacimo (Entergy) to the NRC Document Control Desk, NL-13-075 (May 6, 2013) (ADAMS Accession No. ML13142A014).

16 Letter from Fred Dacimo (Entergy) to NRC Document Control Desk (NL-14-143) (Nov. 20, 2014) (ADAMS Accession No. ML14337A042).

information in the draft FSEIS Supplement to be issued in July 2015.17 In accordance with the Boards Order of July 9, 2013, adjudicatory submissions based on NL 13 075 are due no later than 60 days after the Staff issues its draft FSEIS supplement or an equivalent document discussing its review of NL 13 075. . . .18 The Staff will provide further information to the Board regarding this issue when available.

On February 18, 2015, the Commission issued a Memorandum and Order (CLI-15-3),

granting Entergy and the Staffs petitions for review of the Boards rulings on Contention NYS-35/36, and requesting that the Staff respond to four questions related thereto.19 In accordance with the Commissions Order, the Staffs response is due to be filed by March 30, 2015; any reply briefs are due 40 days thereafter.

4. Contention NYS-12C (SAMAs). On February 14, 2014, New York filed a petition for Commission review of the Boards decision in LBP-13-13,20 concerning its resolution of Contention NYS-12C;21 Entergy and the Staff responded to that petition on April 28, 2014; New York filed its reply on May 22, 2014.22 On April 28, 2014, New York filed a petition for review of 17 See Letter from Sherwin E. Turk, Esq., to the Board (July 15, 2014); Tr. at 4598; Indian Point Nuclear Generating Units 2 and 3; Entergy Nuclear Operations, Inc., License Renewal Application; Intent to Prepare A Second Supplement to Final Supplemental Environmental Impact Statement, 79 Fed. Reg.

52,058 (Sept. 2, 2014).

18 Order (Granting Entergys Motion [for] Clarification) (July 9, 2013), at 3.

19 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-3, 81 NRC ___ (Feb. 18, 2015) (slip op.).

20 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), LBP-13-13, 78 NRC 246 (Nov. 27, 2013).

21 State of New York Petition for Review of Atomic Safety and Licensing Board Decision LBP-13-13 With Respect to Consolidated Contention NYS-12C (Feb. 14, 2014).

22 The Commission indicated that it plans to address Entergy and the Staffs petitions for review of LBP-13-13 on Contentions CW-EC3A (Environmental Justice) and NYS-8 (Transformers) in a future decision, based on the briefs and existing adjudicatory record. Indian Point, CLI-15-3, 81 NRC at __, slip op. at 3 n.6. The Commission did not indicate whether it also plans to address Clearwaters pending petition for review of LBP-13-13 on Contention CW-EC3A.

the Boards Order denying its motion to reopen and reconsider.23 Entergy and the Staff filed answers to that petition on May 23, 2014, to which New York replied on June 2, 2014. The petitions are currently pending before the Commission.

On February 18, 2015, the Commission issued a Memorandum and Order (CLI-15-2),

granting New Yorks petition for review of the Boards Partial Initial Decision on Contention NYS-12C, and directing the parties to respond to eight enumerated questions related thereto.24 In accordance with the Commissions Order, initial briefs are due to be filed by March 30, 2015; any reply briefs are due 30 days thereafter.

5. CZMA Issues. To the best of the Staffs knowledge, information and belief, the current status of CZMA-related issues is as follows.

(a) Previous Reviews. On June 12, 2013, the Board denied the Applicants and New Yorks motions seeking the entry of a declaratory order regarding Entergys claim that New York had previously conducted a review of IP2/IP3 for consistency with the New York State Coastal Management Program (CMP), such that no further review is required under the Coastal Zone Management Act (CZMA).25 The Board left open the possibility that the motions might be re-filed after consultations between the Staff and New York pursuant to 15 C.F.R.

§ 930.51(e). The Staff has since engaged in consultations with the New York State Department of State (NYSDOS) and the Applicant. On December 6, 2013, the Staff transmitted a request for information to NYSDOS regarding prior reviews of Indian Points consistency with the New 23 See (1) State of New York Petition for Review of Atomic Safety and Licensing Boards April 1, 2014 Decision Denying the States Motion to Reopen the Record and for Reconsideration of the Boards November 27, 2013 Partial Initial Decision Concerning Consolidated Contention NYS-12C (Apr. 28, 2014); and (2) Order (Denying New Yorks Motion to Reopen the Record; Setting Deadline for New or Amended Contention) (Apr. 1, 2014).

24 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI-15-2, 81 NRC ___ (Feb. 18, 2015) (slip op.).

25 Order (Granting New Yorks Motions, Denying Clearwaters Motion, and Denying CZMA Motions) (June 12, 2013).

York State Coastal Management Program.26 A series of written and oral communications between the Staff and NYSDOS occurred,27 and on May 30, 2014, NYSDOS provided its response to the Staff.28 On July 15, 2014, Entergy submitted its views regarding the NYSDOS response,29 to which NYSDOS replied on July 25, 2014.30 Entergy and New York submitted additional correspondence to the Staff on November 25 and December 3, 2014, respectively.31 The Staff is reviewing the NYSDOS and Entergy submittals, and will provide further information to the Board when available.

(b) Grandfathering. On December 11, 2014, the State of New York Supreme Court, Appellate Division, Third Judicial Department, reversed the Supreme Courts December 2013 decision, and held (in a 5-0 decision) that Indian Point Units 2 and 3 were grandfathered under New Yorks Coastal Management Program and are therefore exempt from consistency 26 See Letter from Sherwin E. Turk to the Board (Dec. 12, 2013), transmitting letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Dec. 6, 2013) (ADAMS Accession No. ML13281A065).

27 See (1) Letter from George R Stafford (NYSDOS) to David J. Wrona (NRC) (Jan. 6, 2014)

(ADAMS Accession No. ML14028A209); (2) Summary of Phone Call Between [NYSDOS] and [NRC] on January 13, 2014 (Feb. 19, 2014) (ADAMS Accession No. ML14024A372); (3) Letter from David J.

Wrona (NRC) to George Stafford (NYSDOS) (Consistency of the Indian Point Nuclear Generating Unit Nos. 2 and 3 License Renewal Application with New York State Coastal Management Program) (Mar. 4, 2014) (ADAMS Accession No. ML14024A064); and (4) Summary of Phone Call Between New York State Department of State and U.S. Nuclear Regulatory Commission on May 7, 2014, Regarding the Coastal Zone Management Act Consistency Review (May 27, 2014) (ADAMS Accession No. ML14136A005).

28 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(May 30, 2014) (ADAMS Accession No. ML14154A334).

29 See Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (July 15, 2014) (ADAMS Accession No.ML141198A229).

30 See Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC)

(July 25, 2014) (ADAMS Accession No. ML14230A005).

31 See (1) Letter from Bobby R. Burchfield, Esq., to David J. Wrona (NRC) (Nov. 25, 2014)

(ADAMS Accession No.ML14336A084); and (2).Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to David J. Wrona (NRC) (Dec. 3, 2014) (ADAMS Accession Nos. ML14351A539, ML14351A541, ML14351A542, ML14351A543, ML14351A545).

review under the CMP.32 On January 9, 2015, New York filed a motion before the Appellate Division, seeking reargument or, in the alternative, leave to appeal the Appellate Divisions decision to the New York Court of Appeals.33 (c) 2012 Consistency Certification. On December 17, 2012, Entergy filed a certification with the NYSDOS, asserting that license renewal of IP2/IP3 is consistent with the New York CMP; NYSDOS then commenced a review of that consistency certification. On November 5, 2014, Entergy submitted a letter to NYSDOS, stating that it was withdrawing its consistency determination, subject to resubmittal following issuance of the Staffs Final FSEIS Supplement in March 2016.34 In response, NYSDOS stated that the withdrawal was not effective and it offered Entergy an opportunity to request a stay of NYSDOSs decision;35 Entergy replied to NYSDOS on December 1, 2014.36 On December 26, 2014, NYSDOS and Entergy entered into an agreement (as corrected on December 29, 2014), deferring New Yorks review of Entergys consistency certification until June 30, 2015; absent any further extension, NYSDOS indicated it will issue its consistency determination by July 7, 2015.37 32 Entergy Nuclear Operation, Inc. v. New York State Department of State, 518510, 999 N.Y.S.2d 207, 2014 N.Y. App. Div. LEXIS 8686; 2014 NY Slip Op 08702 (App. Div. 3d Dep't, Dec. 11, 2014), revg 42 Misc. 3d 896, 976 N.Y.S.2d 650 (Sup. Ct. 2013).

33 See Agreement between [Entergy] and [NYSDOS] (Dec. 24, 2014) at 3, attached to E-mail message from Linda M. Baldwin, Esq. (NYSDOS) to Lois James (NRC) (Dec. 29, 2014) (ADAMS Accession No.ML14363A559).

34 See Letter from John Sipos to the Board (Nov. 6, 2014), attaching letter from Fred Dacimo (Entergy) to NRC Document Control Desk and Linda M. Baldwin, Esq. (NYSDOS), NL 14 140 (Withdrawal of December 17, 2012 Coastal Zone Management Act Consistency Certification) (Nov. 5, 2014) (ADAMS Accession No. ML14310A346).

35 Letter from Linda M. Baldwin, Esq., General Counsel (NYSDOS), to Fred Dacimo (Entergy)

(Nov. 21, 2014) (ADAMS Accession No.ML14328A474).

36 Letter from Martin R. Healy, Esq. (Goodwin Proctor), to Linda Baldwin, Esq. (NYSDOS) (Dec. 1, 2014) (ADAMS Accession No.ML14335A779).

37 See.n.35, supra.

6. Aquatic Impacts. As stated previously, on February 19, 2014, Entergy submitted new information to the Staff regarding the impacts of plant operation on various aquatic species in the Hudson River,38 modifying the information that had been evaluated in the FSEIS and FSEIS Supplement (FSEIS Vol. 4).39 The Staff transmitted a request for additional information to the Applicant on August 28, 2014, as amended on September 26, 2014;40 Entergys responses were submitted on October 27, 2014.41 The Staff issued further RAIs on aquatic issues on February 18, 2015; Entergys RAI responses are due by April 6, 2015.42 As stated previously, the Staff plans to present its evaluation of the new information in a draft FSEIS supplement to be issued in July 2015. The Staff will provide further information to the Board regarding this issue when available.

7. Continued Storage Petition and New Contention. On October 3, 2014, Riverkeeper filed a petition seeking the suspension of this proceeding and a new contention (Contention RK-EC-10) alleging that the Commission erred in issuing its Continued Storage Rule (CSR) without making findings regarding the safety of continued spent fuel storage or 38 See Letter from Fred Dacimo (Entergy), to Lois James and NRC Document Control Desk, Final Supplemental Environmental Impact Statement, NL-14-030 (Feb. 19, 2014) (ADAMS Accession No. ML14063A528).

39 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report, NUREG-1437, Supplement 38, Volume 4 (June 2013) (ADAMS Accession No. ML13162A616).

40 See (1) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Aug. 28, 2014) (ADAMS Accession No. ML14225A847); and (2) Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy),

Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Sept. 26, 2014) (ADAMS Accession No. ML14261A031).

41 See Letter from Fred Dacimo (Entergy) to NRC Document Control Desk, Reply to Request for Additional Information Regarding the License Renewal Application, NL-14-133 (Oct. 27, 2014) (ADAMS Accession No. ML14300A704).

42 Letter from Michael Wentzel (NRC) to Vice President, Operations (Entergy), Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review (Feb. 18, 2015) (ADAMS Accession No. ML14329B245).

the disposal of spent nuclear fuel.43 On October 7, 2014, the Commission undertook review of those filings and similar petitions and contentions filed in other proceedings. On February 26, 2015, the Commission denied the suspension petitions and related motions for leave to file new contentions and to reopen the record, and reaffirmed its determinations regarding the technical feasibility of safe spent fuel storage and ultimate disposal in a repository.44

8. Other Matters. The Staff is not currently aware of any other matter that has the potential to impact the schedule for hearings in this proceeding. In accordance with the Boards direction (Order, at 2), the Staff will notify the Board as soon as any other event with potential to alter the hearing schedule arises.

Respectfully submitted,

/Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: Sherwin.Turk@nrc.gov Dated at Rockville, Maryland this 2nd day of March 2015 43 New York and other petitioners also challenged the Commissions CSR and related environmental impact statement before the U.S. Court of Appeals for the D.C. Circuit. See, e.g., letter from John J. Sipos to the Board (Oct. 27, 2014), and filings by the petitioners (ADAMS Accession Nos.

ML14300A673, ML14363A099, ML14363A104, ML14363A108, ML14352A254, ML14316A625, ML14317A784, and ML14317A782). Those appeals have been consolidated. See State of New York v.

NRC, Case No. 14-1210 (D.C. Cir., Oct.. 31, 2014) (ADAMS Accession No. ML14317A789).

44 DTE Electric Co. (Fermi Nuclear Power Plant, Unit 3), CLI-15-4, 81 NRC ___ (Feb. 26, 2015),

slip op. at 4.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing NRC STAFFS 36th STATUS REPORT IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARDS ORDER OF FEBRUARY 16, 2012, dated March 2, 2015, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above- captioned proceeding, this 2nd day of March 2015.

/Signed (electronically) by/

Sherwin E. Turk Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1533 E-mail: Sherwin.Turk@nrc.gov