ASLBP 20-966-02-LA-BD01, Order (Adopting Transcript Corrections)

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Order (Adopting Transcript Corrections)
ML20181A301
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 06/29/2020
From: Paul Ryerson
Atomic Safety and Licensing Board Panel
To:
Citizens' Resistance at Fermi 2 (CRAFT), DTE Electric Company, NRC/OGC
SECY RAS
References
50-341-LA, ASLBP 20-966-02-LA-BD01, License Amendment, RAS 55726
Download: ML20181A301 (7)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Paul S. Ryerson, Chairman Dr. Sue H. Abreu Dr. Gary S. Arnold In the Matter of Docket No. 50-341-LA DTE ELECTRIC COMPANY ASLBP No. 20-966-02-LA-BD01 (Fermi 2) June 29, 2020 ORDER (Adopting Transcript Corrections)

Before the Board is a joint motion submitted by the oral argument participantsDTE Electric Company; Citizens Resistance at Fermi 2; and the NRC Staffrequesting that corrections be made to the transcript of the June 10, 2020 oral argument concerning standing and contention admissibility.1 Because all participants agree on the proposed corrections, the Board adopts them. The transcript of the oral argument held on June 10, 2020 is revised per Appendix A to this Order.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 29, 2020 1 See Joint Motion for the Correction of the Official Transcript of the Oral Argument Held on June 10, 2020 (June 26, 2020).

APPENDIX A CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON JUNE 10, 2020 DOCKET NO. 50-341-LA Page Line Now Reads Should Read Speaker 2 11 Jon Christinidis, Esq. Jon P. Christinidis, Esq. N/A 4 12 at that Ryerson 4 13 as has Ryerson 6 2 that might than might Ryerson 8 22 respondent responding Matthews 9 8 Francis Frances Woods 10 16-17 walk-dogging watch-dogging Collins 10 19 Hedwid Hedwig Collins 10 20 Prince Township Frenchtown Township Collins 12 1 MO ML Sherman 12 4 circulation. circulation loss. Sherman 12 7-8 these materials at the these aging materials as Sherman the 12 10 always already Sherman 12 14 the panels the snap in panels Sherman 12 24 the front loads the drop loads Sherman 13 2 incinerator diesel generator Sherman 13 4 could be an issue by could be initiated by Sherman 13 8 scenario. Decreased scenario, and decreased Sherman 13 10 (Telephonic Degraded NAMs Sherman interference) 13 12 cause filters to block clog filters and block Sherman 13-14 25-1 Just a few years later Two years later NERC Sherman the found the 14 1-2 violation. Writing of violation, writing: Sherman 14 2 were incomplete were: Incomplete Sherman 14 3 records where records; Running Sherman 14 4 systems testing was systems to track testing Sherman ineffective. A were both ineffective; A 14 5 records failed to records; A failure to Sherman 14 7-8 and a failure to  ; and A failure to Sherman understand ethical understand applicable standards in the standards and environment. requirements.

14 10 analysis' conclusion analysis leading to the Sherman conclusion 15 4 degradation of the dam degradation of the NAM Deer In Water

Page Line Now Reads Should Read Speaker 15 14 whether uncredited or whether accredited or not Deer In Water not 15 21 areal density areal Boron10 density Deer In Water 16 11-12 movement in storage movement and storage of Deer In Water to fuel fuel 16 18 filters in the filters, and the Deer In Water 17 5 the ponds (phonetic) the coupons were Deer In Water were 17 14 mess with - - mess with the movement Deer In Water of rods 18 4 and (telephonic and the inserts Deer In Water interference) 19 18 Now each Notably, each Lighty 20 7 and an Lighty 20 10 LAR to be gleaned LAR could be gleaned Lighty 20 23 function, but more function, more Lighty 21 7 So Petitioner's Thus, Petitioner's Lighty overarching theory, it is overarching theory is 21 25 Francis Frances Woods 22 6 propose admissible propose an admissible Woods 22 16 left less Woods 22 24 and both in both Woods 23 23 inserts. All inserts, all Woods 24 11 spent fuel and a spent spent fuel in a spent fuel Woods fuel pool pool 24 16 of presumption presumption Woods 25 9 proceeding proceedings Woods 26 8-9 spent fuel and the spent fuel in the spent Woods spent fuel pool fuel pool and during enduring 28 5 margins margin Woods 28 8 supposed to be proposed to be changed Woods challenged 28 14 it does challenge it does not challenge Woods 28 15 licensing license Woods 31 2 Francis Frances Mertz 31 8 ISFSI construction to ISFSI construction and to Mertz 32 2 pools remain pool remains Mertz 32 3 text, test Mertz 32 14-15 their source partners' Interim Storage Partners Mertz decision decisions 32 16 background that ground Mertz

Page Line Now Reads Should Read Speaker 33 22 set aside demonstrate Wachutka 34 11 those of those are Wachutka 35 16 completing conflating Ryerson 35 17 establishing standard establishing standing Ryerson 37 15 precedence precedents Wachutka 39 11 their other two our other two Wachutka independent ACs independent bases 39 20 filing filings Wachutka 40 23 International Interim International and Interim Woods 41 18 or their or the Wachutka 44 19 unusable, discontinued unusable, due to Deer In Water due to 44 22-23 really think of really give you any Deer In Water scenarios -- scenarios because 44 25 is steadily irradiated by gets heavily irradiated by Deer In Water 45 1 gamma irradiated by gamma radiation and Deer In Water and essentially potentially 45 14 enough unknown and enough knowns and Sherman of known unknowns unknown knowns 45 15-16 and if this didn't rest and that this shouldn't Sherman rest 45 20 SUNI SUNSI Collins 46 9 been on been no Lighty 46 16 speculations contradict speculation contradicts Lighty 47 21 MR. WACHUTKA MR. SHERMAN N/A 49 12 Applicants Applicant's Arnold 49 13 Analysis Analyses Arnold 49 22-23 Boraflex there and Boraflex there and Collins shoving more debris shoving more debris stuff and stuff in it, the in it, that's what the criticality, criticality, 50 8 end and Arnold 51 23 4 6 Collins 51-52 25-1 know that answer. know the answer. Collins 52 11 graded degraded Sherman 52 19 exasperating exacerbated Sherman 52 22 and changing the , in changes in Sherman 52 23 marking. margin. Sherman 53 5 discussion discussing Arnold 54 7 it's not a this is not even a Deer In Water 55 15 0.95K Effective 0.95 K effective Lighty 55 19 1.5 and above 1.0 and above Lighty 56-57 25-1 Shutdown is Is Arnold

Page Line Now Reads Should Read Speaker 57 2 such than such that Arnold 57 5 energy NRC Wachutka 57 9 10 CFR 50.6(a) 10 CFR 50.68 Wachutka 57 15 roll so Wachutka 58 8 GTE DTE Lighty 58 14 specifically that the specifically the Lighty 58 16 must not be challenged have not been challenged Lighty 59 8 MS. WOODS: (UNKNOWN SPEAKER): N/A 59 10 MS. WOODS: (UNKNOWN SPEAKER): N/A 59 23-24 that's been determined , it's Jim Sherman with Sherman with CRAFT CRAFT, 59 25 GTE DTE Sherman 60 13 a bid has to look they should look Sherman 61 19 learn from see from Sherman 62 2 really be specific really specifically Deer In Water 62 5 going to do that going to create, react-- Deer In Water 62 7 DE DTE Deer In Water 62 11 want (telephonic want it necessarily to be Deer In Water interference) dissected 63 17 iterate reiterate Woods 64 10 contention and contention admissibility Ryerson admissibility 65 9 contention, contention admissibility Ryerson admissibility

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

DTE ELECTRIC COMPANY ) Docket No. 50-341-LA

)

(Fermi 2) )

)

(License Amendment)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Adopting Transcript Corrections) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 ocaamail.resource@nrc.gov hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul S. Ryerson, Chairman Reginald Augustus, Esq.

Administrative Judge David E. Roth, Esq.

paul.ryerson@nrc.gov Jeremy L. Wachutka, Esq.

Mary F. Woods, Esq.

Dr. Sue H. Abreu Nicolas P. Mertz, Esq.

Administrative Judge Brian Newell, Senior Paralegal sue.abreu@nrc.gov Stacy Schumann, Paralegal reginald.augustus@nrc.gov Dr. Gary S. Arnold david.roth@nrc.gov Administrative Judge jeremy.wachutka@nrc.gov gary.arnold@nrc.gov mary.woods@nrc.gov nicolas.mertz@nrc.gov Ian Curry, Law Clerk brian.newell@nrc.gov ian.curry@nrc.gov stacy.schumann@nrc.gov Taylor Mayhall, Law Clerk taylor.mayhall@nrc.gov Stephanie B. Fishman, Law Clerk stephanie.fishman@nrc.gov

FERMI 2 (Docket No. 50-341-LA)

ORDER (Adopting Transcript Corrections)

DTE Energy Company One Energy Plaza, 1635 WCB Detroit, MI 48226 Jon P. Christinidis, Esq.

christinidisj@dteenergy.com Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 Thomas C. Poindexter, Esq.

Timothy P. Matthews, Esq.

Ryan K. Lighty, Esq.

Scott D. Clausen, Esq.

thomas.poindexter@morganlewis.com timothy.matthews@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com Citizens Resistance at Fermi 2 (CRAFT) 17397 Five Points Street Redford MI 48240 Jessie Pauline Collins Jessie James DeerInWater James Russell Sherman jessiepauline2003@yahoo.com changethelifeoftheworld@gmail.com jimsherman@comcast.net Krupskaya Digitally signed by Krupskaya T. Castellon T. Castellon Date: 2020.06.29 12:01:49 -04'00' Office of the Secretary of the Commission Dated at Rockville, Maryland this 29st day of June, 2020