ML020590285
| ML020590285 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar, Sequoyah  |
| Issue date: | 02/28/2002 |
| From: | Hom S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A | |
| References | |
| +adjud/ruledam200506, 50-327-OLA, 50-328-OLA, 50-390-OLA, ASLBP 02-796-01-OLA, RAS 3990 | |
| Download: ML020590285 (6) | |
Text
1We The Peoples Amended Petition For Request For A Hearing And Petition To Intervene (Feb. 21, 2002) (Amended Petition). According to the certificate of service, WTP effected service only by regular mail, notwithstanding that the Atomic Safety and Licensing Boards Memorandum and Order (Feb. 7, 2002) requires service by e-mail or facsimile transmission, in addition to regular mail. The Staff was not aware of WTPs Amended Petition until February 26, 2002, at which time counsel for Tennessee Valley Authority sent a copy by facsimile transmission to the Staff. The Staff is not waiving any right to object in the future to any continued noncompliance with the Boards Order with respect to appropriate methods of service.
2Letter from A. Harris (We The People, Inc. Tennessee) to Secretary to the Commission (Jan. 14, 2002), with attachments; letter from A. Harris to Secretary to the (continued...)
RAS 3990 February 28, 2002 03/01/02 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
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Docket Nos.
50-327 and 50-328
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Docket No.
50-390 (Sequoyah Nuclear Plant, Units 1 and 2)
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(Consolidated)
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(Watts Bar Nuclear Plant, Unit 1)
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NRC STAFFS ANSWER TO AMENDED REQUESTS FOR HEARING AND LEAVE TO INTERVENE FILED BY WE THE PEOPLE, INC. TENNESSEE INTRODUCTION Pursuant to 10 C.F.R. § 2.714(c), the staff of the Nuclear Regulatory Commission (Staff) hereby submits its answer to the submittal dated February 21, 2002,1 filed by We The People, Inc. Tennessee (WTP), amending WTPs initial requests for hearing and petitions for leave to intervene.2 The Staff previously concluded that WTP had 2(...continued)
Commission (undated), with attachments.
3NRC Staffs Answer To Requests For Hearing And Leave To Intervene Filed By We The People, Inc. Tennessee (Feb. 4, 2002).
demonstrated standing in connection with these consolidated license amendment proceedings,3 and concludes here that there is no reason to alter that conclusion.
BACKGROUND Tennessee Valley Authority (TVA) is the licensee for the Sequoyah Nuclear Plant, Units 1 and 2 (Sequoyah), and the Watts Bar Nuclear Plant, Unit 1 (WB). By applications dated August 20, 2001 (for WB), and September 21, 2001 (for Sequoyah), TVA requested license amendments that would allow TVA to insert up to a certain number of tritium producing burnable absorber rods (TPBARs), which contain no fissile material, into the reactor cores. The proposed amendments are related to an agreement between TVA and the U.S. Department of Energy (DOE) under which TVA will provide certain irradiation services to DOE. DOE plans to transport the irradiated TPBARs to its Savannah River site in Georgia for defense purposes, but the transportation activities by DOE are not the responsibility of TVA and are not the subject of the pending amendment requests. On December 17, 2001, the Staff published in the Federal Register two separate notices of the amendment requests and of an opportunity for a hearing. 66 Fed. Reg. 65,000 (2001) and 66 Fed. Reg. 65,005 (2001). Pursuant to the notices, WTP filed hearing requests and petitions for leave to intervene with respect to both facilities. Subsequently, by an order dated January 28, 2002, issued by the Chief Administrative Judge, the proceedings were 4TVA reached the opposite conclusion, however. See Tennessee Valley Authoritys Answer To Request For A Hearing And Petition To Intervene Of We The People, Inc.
Tennessee (Jan. 29, 2002) (regarding WB); Tennessee Valley Authoritys Answer To Request For A Hearing And Petition To Intervene Of We The People, Inc. Tennessee (Jan.
29, 2002) (regarding Sequoyah).
5See supra note 3.
6The Staffs conclusion here should not be construed as any indication by the Staff as to whether the additional statements contained in the Amended Petition further establish standing or are relevant to such a finding or to these proceedings.
consolidated. As noted above, the Staff initially concluded that WTP had demonstrated standing with respect to both WB and Sequoyah.4 DISCUSSION As was fully discussed in the Staffs initial answer,5 WTPs initial hearing requests and intervention petitions demonstrated to the Staffs satisfaction that WTP had standing in connection with both facilities at issue. Nothing in the Amended Petition changes, withdraws, or conflicts with any of the factual assertions upon which the Staffs initial conclusion was based. Accordingly, the Staff has no reason to change its original conclusion regarding WTPs standing.6 7Although the two license amendment proceedings have been consolidated for the moment, the Staff submits that a valid contention must be proffered for each amendment application in order for that respective proceeding to continue.
CONCLUSION In consideration of the foregoing, WTP has established standing. However, leave to intervene should not be granted without the proffering of at least one valid contention for each license amendment request.7 Respectfully submitted,
/RA/
Steven R. Hom Counsel for NRC Staff Dated at Rockville, Maryland this 28th day of February 2002
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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TENNESSEE VALLEY AUTHORITY
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Docket Nos. 50-327 and 50-328
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Docket No.
50-390 (Sequoyah Nuclear Plant, Units 1 and 2)
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(Consolidated proceedings)
(Watts Bar Nuclear Plant, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS ANSWER TO AMENDED REQUESTS FOR HEARING AND LEAVE TO INTERVENE FILED BY WE THE PEOPLE, INC. TENNESSEE in the above-captioned consolidated proceedings have been served on the following with listed E-mail addresses or facsimile numbers by E-mail or facsimile transmission, respectively, and on all of the following by deposit in the United States mail, first class, or as indicated by an asterisk, by deposit in the Nuclear Regulatory Commissions internal mail system, this 28th day of February, 2002.
Atomic Safety and Licensing Board Panel*
Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary*
Attn: Rulemakings and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 E-mail: HEARINGDOCKET@nrc.gov Office of the Commission Appellate Adjudication*
Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Thomas S. Moore, Chairman*
Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: tsm2@nrc.gov Dr. Peter S. Lam*
Atomic Safety and Licensing Board Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: psl@nrc.gov Dr. Thomas S. Elleman 704 Davidson Street Raleigh, NC 27609 E-mail: elleman@eos.ncsu.edu
Jeannine Honicker 704 Camellia Dr.
LaGrange, GA 30240 E-mail: djhonicker@msn.com Ann Pickel Harris We The People, Inc. Tennessee 341 Swing Loop Road Rockwood, TN 37854 Facsimile No. (865) 354-4686 Edward J. Vigluicci, Esq.
Harriet A. Cooper, Esq.
Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, TN 37902-1499 E-mail: ejvigluicci@tva.gov E-mail: hacooper@tva.gov Donald J. Moniak Blue Ridge Environmental Defense League P.O. Box 3487 Aiken, SC 29802 E-mail: donmoniak@earthlink.net David A. Repka, Esq.
Kathryn M. Sutton, Esq.
Winston & Strawn 1400 L Street, NW Washington, DC 20005 E-mail: drepka@winston.com E-mail: ksutton@winston.com
/RA/
Steven R. Hom Counsel for NRC Staff