Motion by the Nuclear Energy Institute for Leave to File an Amicus Brief in Response to the Commission'S Memorandum and Orders Dated February 6, 2002, Regarding the Commission'S Consideration of Potential Intentional Malevolent ActsML020730103 |
Person / Time |
---|
Site: |
Millstone |
---|
Issue date: |
02/27/2002 |
---|
From: |
Bishop R Nuclear Energy Institute |
---|
To: |
NRC/OCM |
---|
Byrdsong A |
References |
---|
+adjud/rulemjr200506, 50-423-LA-3, ASLBP 00-771-01-LA, RAS 4060 |
Download: ML020730103 (4) |
|
|
---|
Category:Legal-Motion
MONTHYEARML0831905302008-11-0606 November 2008 Connecticut Coalition Against Millstone and Nancy Burton, (Attorney) Notice of Appeal ML0822506942008-08-11011 August 2008 NRC Staff'S Answer Opposing Petitioner'S Motion Dated July 31, 2008 for Nunc Pro Tunc Relief and Continuing Waiver of Electronic Filing ML0822506912008-08-11011 August 2008 NRC Staff Answer Opposing Petitioner'S Motion Dated July 31, 2008 for Nunc Pro Tunc Relief and Continuing Waiver of Electronic Filing ML0822700412008-08-0707 August 2008 Connecticut Coalition Against Millstone and Nancy Burton Revised Motion for Leave to File Their New And/Or Amended Contentions Based on Receipt of New Information and for Continuing Waiver of Electronic Filing ML0822003562008-07-31031 July 2008 Connecticut Coalition Against Millstone and Nancy Burton Motion for Leave to File Their Motion for Leave to File New And/Or Amended Contentions Based on Receipt of New Information Dated July 18, 2008, Nunc Pro Tunc, and for Continuing. ML0812207412008-05-0101 May 2008 Dominion Nuclear Connecticut'S Motion to Strike Portions of Connecticut Coalition Against Millstone and Nancy Burton'S Reply to Responses to Petition to Intervene ML0811305222008-04-16016 April 2008 Connecticut Coalition Against Millstone and Nancy Burton'S Motion to Consolidate Reply to NRC Staff and Dominion Responses to Petition to Intervene and for Extension of Time to File Consolidated Reply on or Before April 22, 2008 ML0604105372006-01-30030 January 2006 Motion Information Statement - Motion for Leave to Intervene, Dated 1/30/2006 ML0601704802006-01-0404 January 2006 Unopposed Motion of Dominion Nuclear Connecticut for Leave to Intervene & Corporate Disclosure Statement, Dated 1/4/06 ML0603101972005-11-25025 November 2005 2005/11/25-Motion to Reopen Millstone License Renewal Proceeding Filed by the Connecticut Coalition Against Millstone ML0523702062005-08-18018 August 2005 Motion of the Nuclear Energy Institute for Leave to File Brief as Amicus Curiae in Opposition to Suffolk County'S Request for an Exemption from or Waiver of 10 C.F.R. 50.47(a)(1) ML0523702092005-08-18018 August 2005 Brief of Dominion Nuclear Connecticut in Response to CLI-05-18 Concerning Suffolk County'S Late Petition and Waiver Request ML0510401902005-03-18018 March 2005 NRC Staff Motion to Strike County of Suffolk'S Reply and Response to 10 CFR 2.335 Request for Waiver ML0512602312004-10-0606 October 2004 Mandated Motion to Dismiss for Lack of Jurisdiction, the Petitioner'S Petition for Review of Two Decisions of the Nuclear Regulatory Commission, Dated 4/8/05 ML0426103042004-09-10010 September 2004 Federal Respondent'S Reply to Petitioner'S Objection to Motion to Dismiss, Dated 9/10/04 ML0426103012004-09-0303 September 2004 Petitioner'S Objection to Motion to Dismiss, Dated 9/3/04 ML0426103002004-09-0202 September 2004 Petitioner'S Motion for Extension of Time to Reply to Motion to Dismiss, Dated 9/2/04 ML0426102962004-08-26026 August 2004 Response by Dominion Nuclear in Support of Motion to Dismiss, Dated 8/26/04 ML0423900322004-08-18018 August 2004 Dominion'S Answer to Ccam'S Motion for Reconsideration and Request for Leave to Amend Petition ML0425701172004-08-16016 August 2004 Federal Respondents Motion to Dismiss, Dated 8/16/04 ML0809803502004-08-16016 August 2004 Connecticut Coalition Against Millstone V. USNRC and Dominion Nuclear Connecticut, No. 07-3577-ag; Federal Respondents' Motion to Dismiss ML0423205482004-08-0909 August 2004 Connecticut Coalition Against Millstone Motion for Reconsideration and Request for Leave to Amend Petition ML0425701112004-07-30030 July 2004 Order Granting Motion to Intervene, Dated 7/30/04 ML0425701092004-07-19019 July 2004 Unopposed Motion to Intervene, Dated 7/19/2004 ML0414201772004-05-14014 May 2004 Motion for Reconsideration of CLI-04-12 ML0412501942004-04-13013 April 2004 Appeal Scheduling Order #2 ML0411300352004-04-12012 April 2004 Connecticut Coalition Against Millstone Reply to NRC Staff and Dominion Response to Motion to Vacate ML0409901582004-04-0202 April 2004 Dominion'S Answer to Ccam'S Motion to Vacate Secretary Determination ML0409705222004-04-0202 April 2004 Millstone Units 2 & 3 - NRC Staff'S Response to Connecticut Coalition Against Millstone'S Motion to Vacate and to Accept Petition to Intervene and Request for Hearing ML0409300792004-04-0101 April 2004 Millstone Units 2 & 3 - NRC Staff'S Unopposed Motion for an Extension of Time to Respond to Connecticut Coalition Against Millstone'S Petition to Intervene and Request for Hearing ML0410403392004-03-22022 March 2004 Motion to Vacate NRC Secretary Determination of Petition Prematurity and to Accept Petiton to Intervene and Request for Hearing as of Date of Filing and to Apply 'Old' CFR Hearing Rules to Said Petition ML0405602262004-01-23023 January 2004 Motion for Leave to Intervene for Dominion Nuclear Connecticut, Inc. Dated 01/23/2004 ML0332202232003-11-17017 November 2003 NRC Staff'S Response in Opposition to Petitioner'S Motion for Reconsideration ML0331701272003-11-0404 November 2003 Answer of Dominion Nuclear Connecticut, Inc. to Motion of Connecticut Coalition Against Millstone for Reconsideration of CLI-03-14 ML0331701232003-11-0303 November 2003 Motion for Reconsideration ML0321806782003-06-11011 June 2003 Respondent'S Motion to Dismiss Petition for Review Granted Connecticut Coalition Against Millstone, No. 03-4372) Dated 06/11/03 ML0310506282003-04-14014 April 2003 Federal Respondents' Motion to Dismiss, Dated April 14, 2003 ML0307904422003-03-11011 March 2003 Motion Information Statement Re Leave to Intervene ML0307904362003-03-11011 March 2003 Motion of Dominion Nuclear Connecticut, Inc. for Leave to Intervene ML0307304392003-03-0707 March 2003 Motion of Petitioner, Connecticut Coalition Against Millstone, for One-Day Extension of Time to File Supplemented Petition and Contentions ML0208703162002-03-18018 March 2002 Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone Response to NRC Staff Motion to Strike ML0207900102002-03-15015 March 2002 NRC Staff'S Motion to Strike Reply Brief Filed by Ccam/Cam ML0207100652002-03-0808 March 2002 NRC Staff'S Response to the Motion of the Nuclear Energy Institute for Leave to File an Amicus Brief ML0207301032002-02-27027 February 2002 Motion by the Nuclear Energy Institute for Leave to File an Amicus Brief in Response to the Commission'S Memorandum and Orders Dated February 6, 2002, Regarding the Commission'S Consideration of Potential Intentional Malevolent Acts ML0205802412002-02-26026 February 2002 NRC Staff'S Response Opposing Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone'S Motion to Extend Scheduling Orders and Date of Oral Argument ML0205805842002-02-25025 February 2002 NRC Staff'S Motion to Compel Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone to Respond to NRC Staff'S First Set of Descovery Requests Directed to Intervenors in the Reopened Proceeding ML0216901222002-02-22022 February 2002 Connecticut, Inc.'S Response to Motion to Extend Scheduling Orders and Date of Oral Argument ML0206505902002-02-21021 February 2002 Connecticut, Inc.'S Emergency Motion to Compel Answers to Interrogatories and Production of Documents ML0206506052002-02-19019 February 2002 Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone Motion to Extend Scheduling Orders and Date of Oral Argument ML0202501972002-01-0303 January 2002 Connecticut'S Response to Connecticut Coalition Against Millstone and Long Island Coalition Against Millstone Reply to Oppositions to Motion to Reopen the Record and Request for Admission of Late-Filed Envrionmental Contention 2008-08-07
[Table view] |
Text
%, A-5 DONC.ETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 2002 MAR 12 AM IW38 BEFORE THE COMMISSION
, NG*5UL:
S AND ADJUOICATIONS3 STAFF In the Matter of )
)
PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI (Independent Spent Fuel Storage )
Installation) )
In the Matter of )
)
DUKE COGEMA STONE & WEBSTER )
(Savannah River Mixed Oxide Fuel ) Docket No. 070-03098 Fabrication Facility) )
In the Matter of )
)
DOMINION NUCLEAR )
CONNECTICUT, INC. ) Docket No. 50-423-LA-3 (Millstone Nuclear Power Station, )
Unit No. 3) )
In the Matter of )
)
DUKE ENERGY CORPORATION ) Docket Nos. 50-369-LR (McGuire Nuclear Station, ) 50-370-LR Units 1 and 2, ) 50-413-LR Catawba Nuclear Station, ) 50-414-LR Units 1 and 2) )
)
MOTION BY THE NUCLEAR ENERGY INSTITUTE FOR LEAVE TO FILE AN AMICUS BRIEF IN RESPONSE TO THE COMMISSION'S MEMORANDUM AND ORDERS DATED FEBRUARY 6,2002, REGARDING THE COMMISSION'S CONSIDERATION OF POTENTIAL INTENTIONAL MALEVOLENT ACTS 0 ,C1
Pursuant to 10 C.F.R. § 2.715(d), the Nuclear Energy Institute ("NEI")
hereby moves for leave to file the attached Amicus Brief in response to the Commission's Orders of February 6, 2002, (CLI-02-03. CLI-02-04, CLI-02-05, and CLI-02-06). In those Orders, the Commission requested that the parties to those proceedings' file briefs regarding whether the Commission's responsibility under the National Environmental Policy Act (NEPA) 2 requires consideration of intentional malevolent acts, such as those directed at the United States on September 11, 2001. NEI seeks leave to file as Amicus Curiae because of the importance of this issue and the potential generic applicability of this ruling the nuclear energy industry generally.
NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEI's members include all entities licensed by the NRC to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), CLI-02-03, 55 NRC _ (slip op., Feb.
6, 2002) (accepting certification of terrorism issues raised in Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-01-37, 54 NRC _ (slip op., Dec. 13, 2001)); Duke Cogema Stone & Webster (Savannah River Mixed Oxide Fuel Fabrication Facility), CLI-02-04, 55 NRC _ (slip op., Feb. 6, 2002) (granting applicant's petition to review the licensing board's ruling admitting contentions on terrorism in Duke Cogema Stone & Webster (Savannah River Mixed Oxide Fuel Fabrication Facility), LBP-01-35, 55 NRC _ (slip op., Dec. 6, 2001));
Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Unit No. 3; Facility Operating License NPF 49), CLI-02-05, 55 NRC _ (slip op., Feb. 6, 2002); and Duke Energy Corp. (McGuire Nuclear Station, Units I & 2, and Catawba Nuclear Station, Units 1 & 2), CLI-02-06, 55 NRC __ (slip op., Feb. 6, 2002) (accepting certification of radiological sabotage issue raised in Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2, and Catawba Nuclear Station, Units 1 & 2), LBP-02-04, 55 NRC __ (slip op., Jan. 24, 2002)).
2 National Environmental Policy Act, Section 102(2)(C), 42 U.S.C. § 4332.
2
fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry.
Since the September 11, 2001, attack on the United States, virtually all aspects of homeland security have been subject to intense scrutiny to ensure appropriate measures are in place to protect the nation and its citizens. Since its inception, the commercial nuclear energy industry has been stalwart in upholding its responsibility to protect the public health and safety through the combination of robust physical protection, well-trained and armed security forces and extensive emergency response capability found at every nuclear facility in the United States.
In addition, nuclear facility security programs have been upgraded based on additional experience, new information and new technology, consistent with NRC regulatory requirements. Thus, the nuclear energy industry is unique among operators of private industrial facilities in the level of security that was in place prior to September 11. And to further reduce the likelihood of a successful terrorist attack on a nuclear facility, the industry promptly implemented a heightened level of security immediately following the events of September 11, and is now implementing even more extensive security measures at each nuclear power plant pursuant to the NRC's recently issued Orders. 3 In the above captioned proceedings, the Commission has decided to consider whether the agency has a responsibility under NEPA to consider intentional malevolent acts, such as those directed at the United States on September 11, 2001.
3 In the Matter of Al1 Operating Power Reactor Licensees, Order Modifying Licenses (Effective Immediately), dated February 25, 2002, "Issuance of Order for Interim Safeguards and Security Compensatory Measures," which was issued to each Part 50 licensee.
3
Notably, the Commission is considering this issue in the context of a variety of licensing proceedings, including applications for initial licenses and license renewal.
The Commission's determination regarding this issue likely will have generic applicability to all future licensing actions where a NEPA analysis is required.
Accordingly, NEI respectfully requests that the Commission accept NEI's Amicus Brief for consideration as it deliberates on these important issues affecting the nuclear energy industry.
Respectfully submitted, Nuclear Energy Institute, Inc.
1776 1 Street, N.W., Suite 400 Washington, D.C.
Robert W. Bishop*
Vice President & General Counsel Ellen C. Ginsberg Deputy General Counsel Michael A. Bauser Associate General Counsel (202) 739-8000
- Counsel of Record Dated: February 27, 2002 4