ML083300381
| ML083300381 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 11/25/2008 |
| From: | Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-844-01-LR, 50-0219-LR, RAS H-87 | |
| Download: ML083300381 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (License Renewal for Oyster Creek Nuclear November 25, 2008 Generating Station)
ORDER (Denying Citizens Motion Seeking Clarification And Other Appropriate Relief)
On November 10, 2008, Citizens1 filed a motion averring that one aspect of this Boards findings of fact in its October 29 Memorandum pertaining to AmerGens planned comparisons of the thickness measurements in the sandbed region is not supported by the evidentiary record. See Citizens Motion for Clarification of Certain Findings of Fact and Other Appropriate Relief at 1, 4 (Nov. 10, 2008) (unpublished) [hereinafter Citizens Motion]. Citizens request that this Board clarify where in the record the comparisons referred to are found, or modify the language of the memorandum (ibid.).2 1
The intervenors in this case - who refer to themselves collectively as Citizens -
consist of the following six organizations: Nuclear Information and Resource Service; Jersey Shore Nuclear Watch, Inc.; Grandmothers, Mothers and More for Energy Safety; New Jersey Public Interest Research Group; New Jersey Sierra Club; and New Jersey Environmental Federation.
2 Our October 29 Memorandum was in the nature of an advisory opinion respond-ing to the Commissions narrow request that we consider whether the structural analysis that AmerGen has committed to perform on the Oyster Creek drywell shell matches or bounds the sensitivity analysis contemplated by Judge Baratta in his Additional Statement in LBP-07-17.
See Commission Order (Aug. 21, 2008) (unpublished). To enhance our understanding of the issue, we asked for oral argument from counsel, with the understanding that counsels (continued...)
AmerGen and the NRC Staff oppose Citizens motion.3 First, they both observe - quite correctly - that, contrary to Citizens understanding, the October 29 Memorandum contains no findings of fact. See AmerGens Opposition at 2; NRC Staffs Opposition at 4. Rather, relying on extant information in the evidentiary record that was briefed by the parties and discussed at oral argument, the Memorandum embodies the majoritys considered judgment regarding the issue referred to the Board by the Commission (see supra note 2). Second, and in any event, AmerGen and the NRC Staff correctly observe that Citizens Exhibit 46 provides sufficient evidentiary support for the statement of AmerGens counsel regarding AmerGens comparison of the internal and external sand bed region ultrasonic thickness measurements. See AmerGens Opposition at 3; NRC Staffs Opposition at 5.
2
(...continued) statements were neither testimony nor evidence. See Licensing Board Memorandum and Order at 3 (Sept. 10, 2008) (unpublished). Following oral argument, a majority of this Board issued a Memorandum concluding we were satisfied that AmerGens proposed approach to performing the structural analysis will likely - subject to the suggestions discussed in . . . this Memorandum
- match or bound the sensitivity analysis contemplated by Judge Baratta in his Additional Statement (October 29 Memorandum at 2). In discussing AmerGens planned analysis, the Memorandum cited to statements made at oral argument by AmerGens counsel (see October 29 Memorandum at 9). Citizens allege that one of the statements made by AmerGens counsel that is cited in the Memorandum - which Citizens characterize as a finding of fact - is not supported by the evidentiary record.
Judge Abramson attached a Separate Advisory Opinion to the October 29 Memorandum stating he was unable, on the present record, to provide a definitive answer to the referred issue, but that he concurred with the majoritys recommendation that the Commission direct its technical staff to engage appropriate expertise to conduct a thorough examination of
[AmerGens] analysis when submitted (Separate Advisory Opinion at 4).
3 AmerGens Answer Opposing Citizens Motion for Clarification (Nov. 19, 2008)
[hereinafter AmerGens Opposition]; NRC Staffs Answer in Opposition to Citizens November 10, 2008 Motion for Clarification (Nov. 19, 2008) [hereinafter NRC Staffs Opposition].
In short, as explained by AmerGen and the NRC Staff, Citizens own exhibit provides sufficient evidentiary support for the statement made by AmerGens counsel. Because Citizens request for clarification has thus been answered, their alternative request that we modify the language of our Memorandum is rendered moot. We therefore deny Citizens motion.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD4
/RA/
E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE
/RA by E. Roy Hawkens for:/
Dr. Paul B. Abramson
- ADMINISTRATIVE JUDGE
/RA/
Dr. Anthony J. Baratta ADMINISTRATIVE JUDGE
- Judge Abramson agrees that the October 29 Memorandum contains no findings of fact, and for that reason he concurs with the denial of Citizens motion.
Rockville, Maryland November 25, 2008 4
Copies of this Memorandum were sent this date by Internet e-mail to counsel for:
(1) AmerGen; (2) Citizens; (3) the NRC Staff; and (4) New Jersey.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR
)
)
(Oyster Creek Nuclear Generating Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (DENYING CITIZENS MOTION SEEKING CLARIFICATION AND OTHER APPROPRIATE RELIEF) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Office of the Secretary of the Commission Adjudication Rulemakings & Adjudications Staff U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3 F23 Mail Stop - O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Mary C. Baty, Esq.
Administrative Judge Marcia J. Simon, Esq.
E. Roy Hawkens, Chair Brian Newell, Paralegal Administrative Judge Paul B. Abramson Administrative Judge Anthony J. Baratta Emily Krause, Law Clerk
Docket No. 50-219-LR 2 LB ORDER (DENYING CITIZENS MOTION SEEKING CLARIFICATION AND OTHER APPROPRIATE RELIEF)
Donald J. Silverman, Esq. Jill Lipoti, Director Kathryn M. Sutton, Esq. New Jersey Department of Alex S. Polonsky, Esq. Environmental Protection Raphael P. Kuyler, Esq. Division of Environmental Safety and Health Morgan, Lewis & Bockius LLP P.O. Box 424 1111 Pennsyvlania Ave., NW Trenton, NJ 08625-0424 Washington, DC 20004 Paul Gunter, Reactor Oversight Richard Webster, Esq.
Kevin Kamps Julia LeMense, Esq.
Beyond Nuclear Eastern Environmental Law Center Nuclear Policy Research Institute 744 Broad Street, Suite 1525 6930 Carroll Avenue, Suite 400 Newark, NJ 07102 Takoma Park, MD 20912 J. Bradley Fewell, Esq.
Bradley M. Campbell, Commissioner Exelon Corporation New Jersey Department of 4300 Warrenville Road Environmental Protection Warrenville, IL 60555 P.O. Box 402 Trenton, NJ 08625-0402 Ron Zak New Jersey Department of Environmental Protection Nuclear Engineering P.O. Box 415 Trenton, NJ 08625-0415
Docket No. 50-219-LR 3 LB ORDER (DENYING CITIZENS MOTION SEEKING CLARIFICATION AND OTHER APPROPRIATE RELIEF)
Suzanne Leta John A. Covino, Esq.
NJPIRG Ellen Barney Balint, Esq.
11 N. Willow St. Valerie Anne Gray, Esq.
Trenton, NJ 08608 Caroline Stahl, Esq.
Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &
Counseling Section, Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of November 2008