ML091040305
| ML091040305 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 04/14/2009 |
| From: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| To: | Northern States Power Co, Atomic Safety and Licensing Board Panel, Prairie Island Indian Community |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 3346 | |
| Download: ML091040305 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. (formerly Nuclear Management Company, LLC) ASLBP No. 08-871-01-LR-BD01 (Prairie Island Nuclear Generating Plant, Units 1 and 2) April 14, 2009 ORDER (Approving Settlement and Dismissal of Contentions 1, 6, and 11)
On April 3, 2009, pursuant to 10 C.F.R. § 2.338(i), Northern States Power Company (NSPM), a Minnesota corporation, and the Prairie Island Indian Community (PIIC) (collectively, the Parties) filed a joint motion with this Atomic Safety and Licensing Board (the Board) seeking approval of a settlement of Contention 1, Contention 6, and Contention 11.1 Based on this settlement, the Parties seek dismissal of these three Contentions. The Parties represent that the NRC Staff has reviewed, supports, and consents to the joint motion and settlement.
On December 5, 2008, the Board admitted seven Contentions submitted by the PIIC, including Contentions 1, 6, and 11.2 Contention 1 related to the discussion of historic and archaeological resources in the Environmental Report (ER). Contention 6 alleged that the License Renewal Application (LRA) failed to include a plan to manage aging of containment 1
Joint Motion for Approval of Settlement and Dismissal of PIIC Contentions 1, 6, and 11 (April 3, 2009) [hereinafter Joint Motion].
2 See Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC
__ (Dec. 5, 2008).
coatings. Contention 11 alleged that the LRA did not provide sufficient details of the aging management program for flow accelerated corrosion.
On March 4, 2009, NSPM filed an amendment to its ER, which augments the ERs discussion of the archaeological, historical, and cultural resources within and around the Prairie Island Nuclear Generating Plant site and provides additional information about NSPM actions to identify and protect such resources. NSPM has committed to retaining the services of a qualified archaeologist to be responsible for evaluating any cultural artifacts inadvertently discovered during construction.3 NSPM has committed to revising the procedure for protection of cultural resources to include training for the Site Environmental Coordinator, to identify sensitive areas, and to include additional information to facilitate identification of artifacts.4 Additionally, NSPM has committed to performing additional field surveys to better identify areas potentially requiring protection.5 A copy of the ER amendment was attached to the motion as Exhibit A.
On March 12, 2009, NSPM filed a supplement to its LRA, which addresses the deficiencies alleged in Contentions 6 and 11. This supplement provides an aging management program for containment coatings, which uses inspections and corrective actions to manage surface coatings.6 This program, combined with previously performed calculations, is intended to ensure that coatings could not clog containment sump strainers in the event of a Loss of Coolant Accident.7 The supplement also expands the description of the flow accelerated corrosion program to address all ten aging management program elements and makes explicit 3
Revised ER Section 4.16.1.
4 Id.
5 Revised ER Section 4.16.2.
6 Revised LRA Section B2.1.41.
7 Id.
the programs consistency with the Generic Aging Lessons Learned (GALL) Report.8 A copy of the LRA supplement was attached to the joint motion as Exhibit B.
Following these additions to the ER and LRA, PIIC agreed to withdraw Contentions 1, 6, and 11, provided that both Parties comply with the terms to which they have agreed. A settlement agreement, attached to the joint motion as Exhibit C in accordance with 10 C.F.R. § 2.338(g), set forth this understanding. Accordingly, the Parties requested that the Board approve this settlement and dismiss Contention 1, Contention 6, and Contention 11. The joint motion states that
[d]ismissal of these Contentions is in the public interest because NSPM has taken actions to address the PIICs concerns, and because the Commission encourages settlement of contested issues in licensing proceedings. 10 C.F.R. § 2.338. As required by 10 C.F.R. § 2.338(g), a proposed consent order is provided as Exhibit D.9 PIICs counsel authorized NSPM to file the joint motion on its behalf. As required by 10 C.F.R. § 2.323(b), counsel for NSPM certified that he consulted with the other parties before filing this motion, and did so with the support of all parties.
Section 2.338(h) provides a list of the required contents of a settlement agreement. We find that the proposed agreement includes all the required components. Consistent with 8
Revised LRA Section B2.1.17; see also NUREG-1801, Generic Aging Lessons Learned Report, Rev. 1 (Sept. 2005).
9 Joint Motion at 2.
Commission policy to encourage resolution of contested issues in licensing proceedings through settlement, we find dismissal in the public interest. Pursuant to our authority under 10 C.F.R. § 2.338(i), we grant the joint motion and dismiss Contentions 1, 6, and 11.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
/RA/
Dr. Gary S. Arnold ADMINISTRATIVE JUDGE
/RA/
Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE Rockville, Maryland April 14, 2009
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NORTHERN STATES POWER COMPANY )
)
) Docket Nos. 50-282-LR
) 50-306-LR (Prairie Island Nuclear Generating Plant, )
Units 1 and 2) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTIONS 1, 6, AND 11) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: 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-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward Williamson, Esq.
Administrative Judge William J. Froehlich, Beth Mizuno, Esq.
Chairman David Roth, Esq.
E-mail: wjf1@nrc.gov Brian G. Harris, Esq.
Maxwell Smith, Esq.
Administrative Judge Gary S. Arnold Brian Newell E-mail: gxa1@nrc.gov E-mail: elw2@nrc.gov bnm1@nrc.gov Administrative Judge Thomas J. Hirons der@nrc.gov E-mail: thomas.hirons@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov
2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTIONS 1, 6, AND 11)
Xcel Energy Services, Inc. Prairie Island Indian Community 414 Nicollet Mall 5636 Sturgeon Lake Road Minneapolis, Minnesota 55401 Welch, Minnesota 55089 Peter M. Glass, Counsel for Nuclear Philip R. Mahowald, Esq.
Management Company, LLC E-mail: pmahowald@piic.org E-mail: peter.m.glass@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Stefanie M. Nelson, Esq.
Alison M. Crane, Esq.
Jason B. Parker, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 14th day of April 2009