Atomic Safety and Licensing Board; Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3); Notice of Hearing (Application for License Renewal), 36015-36017 [2012-14679]

Download as PDF Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices B. Submitting Comments Please include Docket ID NRC–2012– 0134 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at https:// www.regulations.gov as well as enters the comment submissions into ADAMS. The NRC does not edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. srobinson on DSK4SPTVN1PROD with NOTICES II. Further Information The NRC is issuing for public comment a draft guide in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, ‘‘Initial Test Program of Emergency Core Cooling Systems for Boiling-Water Reactors,’’ is temporarily identified by its task number, DG–1277. DG–1277 is proposed new Regulatory Guide 1.79.1. This guide describes methods that the NRC staff considers acceptable to implement Title 10 of the Code of Federal Regulations (10 CFR) Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ Appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ with regard to initial testing features of ECCSs for boilingwater reactors BWRs. III. Backfitting and Issue Finality Because this regulatory guide reflects current regulatory practice, it does not require a backfit analysis as described in 10 CFR 50.109(c). VerDate Mar<15>2010 17:05 Jun 14, 2012 Jkt 226001 Dated at Rockville, Maryland, this 4th day of June, 2012. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2012–14684 Filed 6–14–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–247–LR and 50–286–LR; ASLBP No. 07–858–03–LR–BD01] Atomic Safety and Licensing Board; Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3); Notice of Hearing (Application for License Renewal) June 8, 2012. Before Administrative Judges: Lawrence G. McDade, Chairman, Dr. Michael F. Kennedy, Dr. Richard E. Wardwell. This proceeding arises out of the April 23, 2007, application of Entergy Nuclear Operations, Inc. (Entergy) to renew its operating licenses for Indian Point Nuclear Generating Units 2 and 3 (Operating License Nos. DPR–26 and DPR–64) at its Indian Point Energy Center in Buchanan, New York. Entergy seeks to extend these licenses for an additional twenty years beyond the current expiration dates of September 9, 2013 (Indian Point Unit 2) and December 12, 2015 (Indian Point Unit 3). On August 1, 2007, the Commission published a notice of opportunity to request a hearing on Entergy’s license renewal application.1 Requests for hearings and petitions to intervene were filed by sixteen entities: The State of New York (New York); the State of Connecticut (Connecticut); Westchester County, New York (Westchester); the Town of Cortlandt, New York (Cortlandt); the Village of Buchanan, New York (Buchanan); the City of New York (New York City); the New York 1 Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR–26 and DPR–64 for an Additional 20-Year Period, 72 FR 42,134 (Aug. 1, 2007). In a subsequent notice, the Commission extended the time for which petitions to intervene in this license renewal proceeding could be timely filed. See Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR–26 and DPR– 64 for an Additional 20-Year Period: Extension of Time for Filing of Requests for Hearing or Petitions for Leave to Intervene in the License Renewal Proceeding, 72 FR 55,834 (Oct. 1, 2007). PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 36015 Affordable Reliable Electricity Alliance; Friends United for Sustainable Energy; Hudson River Sloop Clearwater (Clearwater); Connecticut Residents Opposed to Relicensing Indian Point; Westchester Citizen Awareness Network; Rockland County Conservation Association; Sierra Club— Atlantic Chapter; Assemblyman Richard Brodsky; Public Health and Sustainable Energy; and Riverkeeper, Inc. (Riverkeeper). On October 18, 2007, this Atomic Safety and Licensing Board was established to conduct this adjudication.2 On July 31, 2008, this Board issued a memorandum and order in which it (a) granted the hearing requests of three entities: New York, Riverkeeper, and Clearwater; (b) admitted thirteen contentions; and (c) granted interested governmental entity status to Connecticut, Westchester, and the Town of Cortlandt.3 On December 18, 2008, we granted interested governmental entity status to New York City and Buchanan.4 Since our original order granting hearing requests, we have admitted several new and/or amended 2 Establishment of Atomic Safety and Licensing Board, 72 FR 60,394 (Oct. 24, 2007). On April 9, 2012, the Board was reconstituted, substituting Judge Michael F. Kennedy for Judge Kaye D. Lathrop. See Entergy Nuclear Operations, Inc., (Indian Point Nuclear Generating Units 2 and 3); Notice of Atomic Safety and Licensing Board Reconstitution, 77 FR 22,361 (Apr. 13, 2012). 3 LBP–08–13, 68 NRC 43, 217–220 (2008). These thirteen contentions, which challenge the sufficiency of Entergy’s license renewal application, were: NYS–5 (concerning buried pipes, tanks, and transfer canals), NYS–6/7 (concerning nonenvironmentally qualified inaccessible mediumvoltage and low-voltage cables and wiring), NYS– 8 (concerning electrical transformers), NYS–9 (concerning energy conservation in the ‘‘no-action’’ alternative analysis), NYS–12 (concerning decontamination and cleanup costs associated with severe accidents), NYS–16 (concerning underestimation of cleanup costs in light of underestimated population projections in severe accidents), NYS–17 (concerning land values in the no-action alternative to relicensing), NYS–24 (concerning containment structure integrity), NYS– 25 (concerning embrittlement of reactor pressure vessels and associated internals), NYS–26A/RK– TC–1A (concerning metal fatigue on key reactor components), RK–TC–2 (concerning flowaccelerated corrosion on reactor components), RK– EC–3/CW–EC–1 (concerning leaks from spent fuel pools), and CW–EC–3 (concerning disproportionate environmental justice impacts on minority, lowincome, and disabled populations near Indian Point). 4 See Licensing Board Memorandum and Order (Authorizing Interested Governmental Entities to Participate in this Proceeding) (Granting in Part Riverkeeper’s Motion for Clarification and Reconsideration of the Board’s Ruling in LBP–08– 13 Related to the Admissibility of Riverkeeper Contention EC–2) (Denying Riverkeeper‘s Request to Admit Amended Contention EC–2 and New Contentions EC–4 and EC–5) (Denying Entergy’s Motion for Reconsideration of the Board’s Decision to Admit Riverkeeper Contention EC–3 and Clearwater Contention EC–1) (Dec. 18, 2008) at 2 (unpublished). E:\FR\FM\15JNN1.SGM 15JNN1 36016 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES contentions filed against Entergy’s license renewal application and the NRC Staff’s environmental review of that application, and consolidated some of these contentions with pre-existing contentions.5 We have also summarily disposed of two contentions in favor of New York 6 and approved of the settlement of one contention.7 The NRC Staff issued its final Safety Evaluation Report (SER) in November 2009 8 and a first supplemental SER in August 2011.9 The NRC Staff issued its draft Supplemental Environmental Impact Statement (SEIS) in December 2008 10 and its final SEIS in December 2010.11 The NRC Staff has indicated that 5 These contentions are CW–EC–3A (displacing CW–EC–3), NYS–12C (displacing NYS–12, NYS– 12A, and NYS–12B), NYS–16B (displacing NYS–16 and NYS–16A), NYS–17B (displacing NYS–17 and NYS–17A), NYS–26B/RK–TC–1B (displacing NYS– 26A/RK–TC–1A), NYS–33 (displacing NYS–9), NYS–35/36 (concerning severe accident mitigation alternatives cost-benefit analyses), NYS–37 (displacing NYS–9 and NYS–33), NYS–38 (concerning reactor vessel aging management plans), and RK–EC–8 (concerning the NRC Staff’s Endangered Species Act consultations). See Licensing Board Memorandum and Order (Admitting New Contention NYS–38/RK–TC–5) (Nov. 10, 2011) (unpublished); Licensing Board Memorandum and Order (Ruling on Pending Motions for Leave to File New and Amended Contentions) (July 6, 2011) (unpublished); Licensing Board Memorandum and Order (Ruling on Motion for Summary Disposition of NYS–26/ 26A/Riverkeeper TC–1/1A (Metal Fatigue of Reactor Components) and Motion for Leave to File New Contention NYS–26B/Riverkeeper TC–1B) (Nov. 4, 2010) (unpublished); LBP–10–13, 71 NRC 673 (2010); Licensing Board Order (Ruling on New York State’s New and Amended Contentions) (June 16, 2009) (unpublished). 6 LBP–11–17, 74 NRC __, __ (slip op. at 16–18) (July 14, 2011), pet. for rev. denied, CLI–11–14, 74 NRC __, __ (slip op.) (Dec. 22, 2011) (disposing of contentions NYS–35/36). 7 Licensing Board Order (Approving Settlement of Contention NYS–24) (Jan. 26, 2012) (unpublished). 8 Office of Nuclear Reactor Regulation, Safety Evaluation Report, Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Docket Nos. 50–247 and 50–286, Entergy Nuclear Operations, Inc., NUREG–1930, Vol. 1 (Nov. 2009) (ADAMS Accession No. ML093170451); Office of Nuclear Reactor Regulation, Safety Evaluation Report, Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Docket Nos. 50–247 and 50–286, Entergy Nuclear Operations, Inc., NUREG–1930, Vol. 2 (Nov. 2009) (ADAMS Accession No. ML093170671). 9 United States Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, Safety Evaluation Report, Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, Supp. 1, Docket Nos. 50–247 and 50–286, NUREG–1930 (Supp. 1, Aug. 2011) (ADAMS Accession No. ML11242A215). 10 Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice of Availability of the Draft Supplement 38 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants and Public Meeting for the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3, 73 FR 80,440 (Dec. 31, 2008). 11 Office of Nuclear Reactor Regulation, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supp. 38, Regarding VerDate Mar<15>2010 17:05 Jun 14, 2012 Jkt 226001 it intends to issue a second supplemental SER in August 2012 and a second draft SEIS in July 2012, with a final version to follow.12 In light of the foregoing, an evidentiary hearing will be conducted in this proceeding pursuant to Section 189(a) of the Atomic Energy Act, 42 U.S.C. 2239(a). Subject to a Board determination regarding any request to employ hearing procedures under 10 CFR part 2, Subpart G, the evidentiary hearing on all admitted contentions will be governed by the hearing procedures set forth in 10 CFR part 2, Subpart L, 10 CFR 2.1200–2.1213.13 Parties to this proceeding (including the NRC Staff) have begun to provide evidentiary submissions in support of or in opposition to the merits of the admitted contentions.14 The Board intends to begin taking oral testimony on October 15, 2012, in Westchester County, New York. We anticipate addressing the admitted contentions in the following order: 1. NYS–12C 2. NYS–16B 3. RK–TC–2 4. NYS–17B 5. NYS–37 6. NYS–5 7. NYS–8 8. NYS–6/7 9. CW–EC–3A 10. RK–EC–3/CW–EC–1 15 Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report Main Report and Comment Responses, NUREG–1437, Vol. 1 (Supp. 38, Dec. 2010) (ADAMS Accession No. ML103350405); Office of Nuclear Reactor Regulation, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supp. 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report Public Comments, NUREG–1437, Vol. 2 (Supp. 38, Dec. 2010) (ADAMS Accession Nos. ML103350438, ML103360209, and ML103360212); Office of Nuclear Reactor Regulation, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supp. 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report Public Comments Continued, Appendices, NUREG–1437, Vol. 3 (Supp.38, Dec. 2010) (ADAMS Accession No. ML103350442). 12 See NRC Staff’s Fourth Status Report in Response to the Atomic Safety and Licensing Board’s Order of February 16, 2012 (June 1, 2012) at 2–3. 13 See 10 CFR 2.310; Licensing Board Scheduling Order (July 1, 2010) at 17 (unpublished). 14 The Board will announce by order the resumption of the evidentiary submission schedule for contention NYS–25 and the commencement of the evidentiary submission schedule for contention RK–EC–8 and portions of contention NYS–38/RK– TC–5 that relate to NYS–25. The Board will conduct the oral hearing on contentions NYS–25, NYS–26/ RK–TC–1B, NYS–38/RK–TC–5, and RK–EC–8 after receiving the evidentiary submissions for each of the contentions. The time and date of subsequent oral hearings will be announced by order of the Board. 15 The order in which we anticipate hearing contentions is subject to change if the NRC Staff’s brief in response to our June 7, 2012 Order warrants PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 We anticipate that the hearing will continue on October 16, 17, 18, 22, 23, and 24. Current plans tentatively call for the hearing to convene again on December 10 and run through December 14 as needed. Due to the proprietary nature of some information discussed in the evidentiary submissions associated with contentions NYS–6/7 and RK–TC– 2, the Board may be required to close portions of the oral hearing on those contentions from public viewing. Despite the NRC Staff’s ongoing safety and environmental reviews, and because it has received no objections in light of 10 CFR 2.332(d) from the participants in this proceeding, the Board has tentatively decided that it is efficient to proceed to the evidentiary hearing before issuance of the NRC’s additional environmental and safety review documents. This decision is based on our understanding that the NRC’s recent draft SEIS will not address any issue raised in any contention other than RC–EC–8 and that the second supplemental SER will not address any issue raised in any contention other than NYS–25 and those portions of NYS–38/RK–TC–5 that have previously been defined.16 As noted above, at footnote 15, we issued an Order on June 7, 2012, seeking input from the parties on these assumptions. The Board will notify the parties if our plans to proceed to hearing in October 2012 on the ten contentions listed above change based on the parties’ responses to that order. After the NRC’s additional safety and environmental documents have issued, the Board will provide a schedule on how it will hear all remaining contentions. As provided in 10 CFR 2.315(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it to the Office of the Secretary by one of the methods prescribed below: Mail to: Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Fax to: (301) 415–1101 (verification (301) 415–1966). such a change. See Licensing Board Order (Ordering the NRC Staff to Address Board Questions) (June 7, 2012) (unpublished). 16 See NRC Staff’s Third Status Report in Response to the Atomic Safety and Licensing Board’s Order of February 16, 2012 (May 1, 2012) at 2. E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices Email to: hearing.docket@nrc.gov. In addition, a copy of the limited appearance statement should be sent to the Licensing Board by one of the methods below: Mail to: Administrative Judge Lawrence G. McDade, c/o Anne Siarnacki, Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T– 3F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Fax to: (301) 415–5599 (verification (301) 415–7550). Email to: anne.siarnacki@nrc.gov. The deadline for this Board’s receipt of written limited appearance statements will be September 15, 2012. This will be the sole method for providing limited appearance statements. Documents relating to this proceeding are available for public inspection at the Commission’s Public Document Room or electronically from the publicly available records component of NRC’s Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800– 397–4209 or 301–415–4737, or by email at pdr@nrc.gov. Dated: June 8, 2012. For the Atomic Safety and Licensing Board. Lawrence G. McDade, Chairman, Administrative Judge, Rockville, Maryland. [FR Doc. 2012–14679 Filed 6–14–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION srobinson on DSK4SPTVN1PROD with NOTICES Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Digital I&C; Cancellation of the June 19, 2012 ACRS Subcommittee Meeting The ACRS Subcommittee meeting on Digital I&C scheduled for June 19, 2012 has been cancelled. The notice of this meeting was previously published in the Federal Register on Monday, June 4, 2012, (77 FR 33003–33004). Information regarding this meeting can be obtained by contacting Christina Antonescu, Designated Federal Official (DFO) (Telephone 301–415–6792 or VerDate Mar<15>2010 17:05 Jun 14, 2012 Jkt 226001 Email: Christina.Antonescu@nrc.gov) between 7:30 a.m. and 5:15 p.m. (EST)). Dated: June 8, 2012. Antonio Dias, Technical Advisor, Advisory Committee on Reactor Safeguards. [FR Doc. 2012–14667 Filed 6–14–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0139] Regulatory Guide 7.3, Procedures for Picking Up and Receiving Packages of Radioactive Material The U.S. Nuclear Regulatory Commission (NRC or Commission) is withdrawing Regulatory Guide (RG) 7.3, ‘‘Procedures for Picking Up and Receiving Packages of Radioactive Material.’’ The guide is being withdrawn because it is obsolete and new guidance has been included in Revision 1 of RG 7.7, ‘‘Administrative Guide for Verifying Compliance with Packaging Requirements for Shipment and Receipt of Radioactive Material’’ which was issued in March 2012 and announced in the Federal Register (77 FR 18871; March 28, 2012). ADDRESSES: Please refer to Docket ID NRC–2012–0139 when contacting the NRC about the availability of information on this document. You may access information related to this document, which the NRC possesses and are publicly available, using the following methods: • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. To begin search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, or 301–415–4737, or by email at PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The review for the withdrawal of RG 7.3 is available in ADAMS under Accession No. ML120900195. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The documents are not copyrighted and NRC approval is not required to reproduce them. FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear Material Safety and Safeguards, Division of Spent Fuel Storage and Transportation, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001, telephone: 301–492–3303; or by email at Bernard.White@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Nuclear Regulatory Commission. ACTION: Notice of withdrawal. AGENCY: SUMMARY: 36017 The NRC is withdrawing RG 7.3 because its guidance has been superseded and is no longer needed. The guide was published in May 1975 to provide guidance on meeting the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 20.205, ‘‘Procedures for Picking Up, Receiving, and Opening Packages.’’ Regulatory Guide 7.3 provided guidance to licensees on making arrangements for receipt, pickup, and monitoring of packages containing radioactive material; and reporting when received packages showed evidence of leakage or excessive radiation levels. The NRC is withdrawing this regulatory guide because the information it contained has been combined into Revision 1 of RG 7.7, ‘‘Administrative Guide for Verifying Compliance with Packaging Requirements for Shipment and Receipt of Radioactive Material.’’ Revision 1 of RG 7.7 was finalized in March 2012 and announced in the Federal Register (77 FR 18871; March 28, 2012). Regulatory Guide 7.3 was issued as part of an immediately effective rule making by the Atomic Energy Commission (AEC) in 1974. The rule making was issued in response to two incidents that resulted in excessive contamination and radiation exposures from improperly packaged radioactive material. Since these requirements were new to the transportation community, the AEC developed RG 7.3 to provide licensees with guidance and describe a method for meeting the new requirements that the NRC staff found acceptable. In the 37 years since RG 7.3 was issued, the transportation community has gained extensive experience on transporting, receiving and opening packages containing radioactive material. The regulations have been updated several times, but RG has not been kept current. E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 36015-36017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14679]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247-LR and 50-286-LR; ASLBP No. 07-858-03-LR-BD01]


Atomic Safety and Licensing Board; Entergy Nuclear Operations, 
Inc. (Indian Point Nuclear Generating Units 2 and 3); Notice of Hearing 
(Application for License Renewal)

June 8, 2012.
    Before Administrative Judges: Lawrence G. McDade, Chairman, Dr. 
Michael F. Kennedy, Dr. Richard E. Wardwell.
    This proceeding arises out of the April 23, 2007, application of 
Entergy Nuclear Operations, Inc. (Entergy) to renew its operating 
licenses for Indian Point Nuclear Generating Units 2 and 3 (Operating 
License Nos. DPR-26 and DPR-64) at its Indian Point Energy Center in 
Buchanan, New York. Entergy seeks to extend these licenses for an 
additional twenty years beyond the current expiration dates of 
September 9, 2013 (Indian Point Unit 2) and December 12, 2015 (Indian 
Point Unit 3). On August 1, 2007, the Commission published a notice of 
opportunity to request a hearing on Entergy's license renewal 
application.\1\ Requests for hearings and petitions to intervene were 
filed by sixteen entities: The State of New York (New York); the State 
of Connecticut (Connecticut); Westchester County, New York 
(Westchester); the Town of Cortlandt, New York (Cortlandt); the Village 
of Buchanan, New York (Buchanan); the City of New York (New York City); 
the New York Affordable Reliable Electricity Alliance; Friends United 
for Sustainable Energy; Hudson River Sloop Clearwater (Clearwater); 
Connecticut Residents Opposed to Relicensing Indian Point; Westchester 
Citizen Awareness Network; Rockland County Conservation Association; 
Sierra Club--Atlantic Chapter; Assemblyman Richard Brodsky; Public 
Health and Sustainable Energy; and Riverkeeper, Inc. (Riverkeeper). On 
October 18, 2007, this Atomic Safety and Licensing Board was 
established to conduct this adjudication.\2\
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    \1\ Entergy Nuclear Operations, Inc., Indian Point Nuclear 
Generating Unit Nos. 2 and 3; Notice of Acceptance for Docketing of 
the Application and Notice of Opportunity for Hearing Regarding 
Renewal of Facility Operating License Nos. DPR-26 and DPR-64 for an 
Additional 20-Year Period, 72 FR 42,134 (Aug. 1, 2007). In a 
subsequent notice, the Commission extended the time for which 
petitions to intervene in this license renewal proceeding could be 
timely filed. See Entergy Nuclear Operations, Inc., Indian Point 
Nuclear Generating Unit Nos. 2 and 3; Notice of Opportunity for 
Hearing Regarding Renewal of Facility Operating License Nos. DPR-26 
and DPR-64 for an Additional 20-Year Period: Extension of Time for 
Filing of Requests for Hearing or Petitions for Leave to Intervene 
in the License Renewal Proceeding, 72 FR 55,834 (Oct. 1, 2007).
    \2\ Establishment of Atomic Safety and Licensing Board, 72 FR 
60,394 (Oct. 24, 2007). On April 9, 2012, the Board was 
reconstituted, substituting Judge Michael F. Kennedy for Judge Kaye 
D. Lathrop. See Entergy Nuclear Operations, Inc., (Indian Point 
Nuclear Generating Units 2 and 3); Notice of Atomic Safety and 
Licensing Board Reconstitution, 77 FR 22,361 (Apr. 13, 2012).
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    On July 31, 2008, this Board issued a memorandum and order in which 
it (a) granted the hearing requests of three entities: New York, 
Riverkeeper, and Clearwater; (b) admitted thirteen contentions; and (c) 
granted interested governmental entity status to Connecticut, 
Westchester, and the Town of Cortlandt.\3\ On December 18, 2008, we 
granted interested governmental entity status to New York City and 
Buchanan.\4\ Since our original order granting hearing requests, we 
have admitted several new and/or amended

[[Page 36016]]

contentions filed against Entergy's license renewal application and the 
NRC Staff's environmental review of that application, and consolidated 
some of these contentions with pre-existing contentions.\5\ We have 
also summarily disposed of two contentions in favor of New York \6\ and 
approved of the settlement of one contention.\7\
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    \3\ LBP-08-13, 68 NRC 43, 217-220 (2008). These thirteen 
contentions, which challenge the sufficiency of Entergy's license 
renewal application, were: NYS-5 (concerning buried pipes, tanks, 
and transfer canals), NYS-6/7 (concerning non-environmentally 
qualified inaccessible medium-voltage and low-voltage cables and 
wiring), NYS-8 (concerning electrical transformers), NYS-9 
(concerning energy conservation in the ``no-action'' alternative 
analysis), NYS-12 (concerning decontamination and cleanup costs 
associated with severe accidents), NYS-16 (concerning 
underestimation of cleanup costs in light of underestimated 
population projections in severe accidents), NYS-17 (concerning land 
values in the no-action alternative to relicensing), NYS-24 
(concerning containment structure integrity), NYS-25 (concerning 
embrittlement of reactor pressure vessels and associated internals), 
NYS-26A/RK-TC-1A (concerning metal fatigue on key reactor 
components), RK-TC-2 (concerning flow-accelerated corrosion on 
reactor components), RK-EC-3/CW-EC-1 (concerning leaks from spent 
fuel pools), and CW-EC-3 (concerning disproportionate environmental 
justice impacts on minority, low-income, and disabled populations 
near Indian Point).
    \4\ See Licensing Board Memorandum and Order (Authorizing 
Interested Governmental Entities to Participate in this Proceeding) 
(Granting in Part Riverkeeper's Motion for Clarification and 
Reconsideration of the Board's Ruling in LBP-08-13 Related to the 
Admissibility of Riverkeeper Contention EC-2) (Denying Riverkeeper`s 
Request to Admit Amended Contention EC-2 and New Contentions EC-4 
and EC-5) (Denying Entergy's Motion for Reconsideration of the 
Board's Decision to Admit Riverkeeper Contention EC-3 and Clearwater 
Contention EC-1) (Dec. 18, 2008) at 2 (unpublished).
    \5\ These contentions are CW-EC-3A (displacing CW-EC-3), NYS-12C 
(displacing NYS-12, NYS-12A, and NYS-12B), NYS-16B (displacing NYS-
16 and NYS-16A), NYS-17B (displacing NYS-17 and NYS-17A), NYS-26B/
RK-TC-1B (displacing NYS-26A/RK-TC-1A), NYS-33 (displacing NYS-9), 
NYS-35/36 (concerning severe accident mitigation alternatives cost-
benefit analyses), NYS-37 (displacing NYS-9 and NYS-33), NYS-38 
(concerning reactor vessel aging management plans), and RK-EC-8 
(concerning the NRC Staff's Endangered Species Act consultations). 
See Licensing Board Memorandum and Order (Admitting New Contention 
NYS-38/RK-TC-5) (Nov. 10, 2011) (unpublished); Licensing Board 
Memorandum and Order (Ruling on Pending Motions for Leave to File 
New and Amended Contentions) (July 6, 2011) (unpublished); Licensing 
Board Memorandum and Order (Ruling on Motion for Summary Disposition 
of NYS-26/26A/Riverkeeper TC-1/1A (Metal Fatigue of Reactor 
Components) and Motion for Leave to File New Contention NYS-26B/
Riverkeeper TC-1B) (Nov. 4, 2010) (unpublished); LBP-10-13, 71 NRC 
673 (2010); Licensing Board Order (Ruling on New York State's New 
and Amended Contentions) (June 16, 2009) (unpublished).
    \6\ LBP-11-17, 74 NRC ----, ---- (slip op. at 16-18) (July 14, 
2011), pet. for rev. denied, CLI-11-14, 74 NRC ----, ---- (slip op.) 
(Dec. 22, 2011) (disposing of contentions NYS-35/36).
    \7\ Licensing Board Order (Approving Settlement of Contention 
NYS-24) (Jan. 26, 2012) (unpublished).
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    The NRC Staff issued its final Safety Evaluation Report (SER) in 
November 2009 \8\ and a first supplemental SER in August 2011.\9\ The 
NRC Staff issued its draft Supplemental Environmental Impact Statement 
(SEIS) in December 2008 \10\ and its final SEIS in December 2010.\11\ 
The NRC Staff has indicated that it intends to issue a second 
supplemental SER in August 2012 and a second draft SEIS in July 2012, 
with a final version to follow.\12\
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    \8\ Office of Nuclear Reactor Regulation, Safety Evaluation 
Report, Related to the License Renewal of Indian Point Nuclear 
Generating Unit Nos. 2 and 3, Docket Nos. 50-247 and 50-286, Entergy 
Nuclear Operations, Inc., NUREG-1930, Vol. 1 (Nov. 2009) (ADAMS 
Accession No. ML093170451); Office of Nuclear Reactor Regulation, 
Safety Evaluation Report, Related to the License Renewal of Indian 
Point Nuclear Generating Unit Nos. 2 and 3, Docket Nos. 50-247 and 
50-286, Entergy Nuclear Operations, Inc., NUREG-1930, Vol. 2 (Nov. 
2009) (ADAMS Accession No. ML093170671).
    \9\ United States Nuclear Regulatory Commission, Office of 
Nuclear Reactor Regulation, Safety Evaluation Report, Related to the 
License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 
3, Supp. 1, Docket Nos. 50-247 and 50-286, NUREG-1930 (Supp. 1, Aug. 
2011) (ADAMS Accession No. ML11242A215).
    \10\ Indian Point Nuclear Generating Unit Nos. 2 and 3; Notice 
of Availability of the Draft Supplement 38 to the Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants 
and Public Meeting for the License Renewal of Indian Point Nuclear 
Generating Unit Nos. 2 and 3, 73 FR 80,440 (Dec. 31, 2008).
    \11\ Office of Nuclear Reactor Regulation, Generic Environmental 
Impact Statement for License Renewal of Nuclear Plants, Supp. 38, 
Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final 
Report Main Report and Comment Responses, NUREG-1437, Vol. 1 (Supp. 
38, Dec. 2010) (ADAMS Accession No. ML103350405); Office of Nuclear 
Reactor Regulation, Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants, Supp. 38, Regarding Indian Point 
Nuclear Generating Unit Nos. 2 and 3, Final Report Public Comments, 
NUREG-1437, Vol. 2 (Supp. 38, Dec. 2010) (ADAMS Accession Nos. 
ML103350438, ML103360209, and ML103360212); Office of Nuclear 
Reactor Regulation, Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants, Supp. 38, Regarding Indian Point 
Nuclear Generating Unit Nos. 2 and 3, Final Report Public Comments 
Continued, Appendices, NUREG-1437, Vol. 3 (Supp.38, Dec. 2010) 
(ADAMS Accession No. ML103350442).
    \12\ See NRC Staff's Fourth Status Report in Response to the 
Atomic Safety and Licensing Board's Order of February 16, 2012 (June 
1, 2012) at 2-3.
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    In light of the foregoing, an evidentiary hearing will be conducted 
in this proceeding pursuant to Section 189(a) of the Atomic Energy Act, 
42 U.S.C. 2239(a). Subject to a Board determination regarding any 
request to employ hearing procedures under 10 CFR part 2, Subpart G, 
the evidentiary hearing on all admitted contentions will be governed by 
the hearing procedures set forth in 10 CFR part 2, Subpart L, 10 CFR 
2.1200-2.1213.\13\
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    \13\ See 10 CFR 2.310; Licensing Board Scheduling Order (July 1, 
2010) at 17 (unpublished).
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    Parties to this proceeding (including the NRC Staff) have begun to 
provide evidentiary submissions in support of or in opposition to the 
merits of the admitted contentions.\14\ The Board intends to begin 
taking oral testimony on October 15, 2012, in Westchester County, New 
York. We anticipate addressing the admitted contentions in the 
following order:
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    \14\ The Board will announce by order the resumption of the 
evidentiary submission schedule for contention NYS-25 and the 
commencement of the evidentiary submission schedule for contention 
RK-EC-8 and portions of contention NYS-38/RK-TC-5 that relate to 
NYS-25. The Board will conduct the oral hearing on contentions NYS-
25, NYS-26/RK-TC-1B, NYS-38/RK-TC-5, and RK-EC-8 after receiving the 
evidentiary submissions for each of the contentions. The time and 
date of subsequent oral hearings will be announced by order of the 
Board.
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    1. NYS-12C
    2. NYS-16B
    3. RK-TC-2
    4. NYS-17B
    5. NYS-37
    6. NYS-5
    7. NYS-8
    8. NYS-6/7
    9. CW-EC-3A
    10. RK-EC-3/CW-EC-1 \15\
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    \15\ The order in which we anticipate hearing contentions is 
subject to change if the NRC Staff's brief in response to our June 
7, 2012 Order warrants such a change. See Licensing Board Order 
(Ordering the NRC Staff to Address Board Questions) (June 7, 2012) 
(unpublished).
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    We anticipate that the hearing will continue on October 16, 17, 18, 
22, 23, and 24. Current plans tentatively call for the hearing to 
convene again on December 10 and run through December 14 as needed. Due 
to the proprietary nature of some information discussed in the 
evidentiary submissions associated with contentions NYS-6/7 and RK-TC-
2, the Board may be required to close portions of the oral hearing on 
those contentions from public viewing.
    Despite the NRC Staff's ongoing safety and environmental reviews, 
and because it has received no objections in light of 10 CFR 2.332(d) 
from the participants in this proceeding, the Board has tentatively 
decided that it is efficient to proceed to the evidentiary hearing 
before issuance of the NRC's additional environmental and safety review 
documents. This decision is based on our understanding that the NRC's 
recent draft SEIS will not address any issue raised in any contention 
other than RC-EC-8 and that the second supplemental SER will not 
address any issue raised in any contention other than NYS-25 and those 
portions of NYS-38/RK-TC-5 that have previously been defined.\16\ As 
noted above, at footnote 15, we issued an Order on June 7, 2012, 
seeking input from the parties on these assumptions. The Board will 
notify the parties if our plans to proceed to hearing in October 2012 
on the ten contentions listed above change based on the parties' 
responses to that order. After the NRC's additional safety and 
environmental documents have issued, the Board will provide a schedule 
on how it will hear all remaining contentions.
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    \16\ See NRC Staff's Third Status Report in Response to the 
Atomic Safety and Licensing Board's Order of February 16, 2012 (May 
1, 2012) at 2.
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    As provided in 10 CFR 2.315(a), any person not a party to the 
proceeding may submit a written limited appearance statement setting 
forth his or her position on the issues in this proceeding. These 
statements do not constitute evidence but may assist the Board and/or 
parties in defining the issues being considered. Persons wishing to 
submit a written limited appearance statement should send it to the 
Office of the Secretary by one of the methods prescribed below:
    Mail to: Office of the Secretary, Rulemakings and Adjudications 
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-1101 (verification (301) 415-1966).

[[Page 36017]]

    Email to: hearing.docket@nrc.gov.
    In addition, a copy of the limited appearance statement should be 
sent to the Licensing Board by one of the methods below:
    Mail to: Administrative Judge Lawrence G. McDade, c/o Anne 
Siarnacki, Law Clerk, Atomic Safety and Licensing Board Panel, Mail 
Stop T-3F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
    Fax to: (301) 415-5599 (verification (301) 415-7550).
    Email to: anne.siarnacki@nrc.gov.
    The deadline for this Board's receipt of written limited appearance 
statements will be September 15, 2012. This will be the sole method for 
providing limited appearance statements.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room or electronically 
from the publicly available records component of NRC's Agencywide 
Documents Access and Management System (ADAMS). ADAMS is accessible 
from the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public 
Electronic Reading Room). Persons who do not have access to ADAMS, or 
who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC PDR Reference staff by telephone at 1-800-397-
4209 or 301-415-4737, or by email at pdr@nrc.gov.

    Dated: June 8, 2012.

    For the Atomic Safety and Licensing Board.
Lawrence G. McDade,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. 2012-14679 Filed 6-14-12; 8:45 am]
BILLING CODE 7590-01-P

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