ML091310340
| ML091310340 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 05/11/2009 |
| From: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| To: | Prairie Island Indian Community |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 3696 | |
| Download: ML091310340 (5) | |
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) May 11, 2009 ORDER (Conditionally Granting Motion to Dismiss PIIC Contention 8 as Moot)
On December 5, 2008, this Atomic Safety and Licensing Board (Board) issued a memorandum and order admitting seven of the Prairie Island Indian Communitys (PIIC)s 11 proffered contentions.1 On April 6, 2009, pursuant to 10 C.F.R. § 2.323, Northern States Power Company (NSPM) filed a motion seeking dismissal of Contention 8.2 Contention 8, as restated by the Board, alleges that Section B2.1.27 of the [License Renewal Application] does not contain an adequate plan to monitor the effects of primary water stress corrosion cracking of nickel-alloy components. 3 In admitting this contention, we 1
Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC __
(Dec. 5, 2008).
2 Northern States Power Companys Motion to Dismiss PIIC Contention 8 as Moot (April 6, 2009) [hereinafter Motion to Dismiss].
3 Prairie Island, LBP-08-26, 68 NRC at __ (slip op. at 51).
identified it as a contention of omission.4 Namely, we found that the Applicant failed to describe its AMP to the extent required by Section 54.21.5 We admitted the contention, however, only in so far as it applies to the AMP described in Section B2.1.27 of the License Renewal Application (LRA).
In its motion to dismiss, NSPM argues that Contention 8 has been rendered moot by an amendment to the LRA filed by NSPM on March 27, 2009. According to NSPM, the March 27, 2009 amendment contains a detailed description of NSPMs plans to monitor the effects of primary water stress corrosion cracking, thus curing the omission alleged by PIIC in Contention
- 8. NRC Staff supports NSPMs motion to dismiss,6 and PIIC does not oppose it.7 The Commission has stated that [w]here a contention alleges the omission of particular information or an issue from an application, and the information is later supplied by the applicant
. . . , the contention is moot.8 Thus, the Board concludes that Contention 8 is moot and subject to dismissal. We will refrain, however from issuing an order of dismissal for 20 days from the date of this Memorandum and Order, thus allowing PIIC the opportunity to seek leave to file new contention(s) in this proceeding.9 4
Id. at 48.
5 Id.
6 NRC Staffs Response to Northern States Power Companys Motion to Dismiss PIIC Contention 8 as Moot (Apr. 14, 2009).
7 Prairie Island Indian Communitys Response to Northern States Power Companys Motion to Dismiss PIIC Contention 8 as Moot (Apr. 17, 2009).
8 Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2), CLI-02-28, 56 NRC 373, 383 (2002).
9 See Entergy Nuclear Vermont Yankee L.L.C. (Vermont Yankee Nuclear Power Station), LBP-05-24, 62 NRC 429, 433 (2005); 10 C.F.R. § 2.319 (presiding officer has all the powers necessary to promote efficiency and ensure a fair hearing process).
As the Commission instructed in McGuire,10 when a contention of omission has been rendered moot as a result of newly supplied information, the intervenor may timely file new contention(s) regarding that new information. Accordingly, if PIIC seeks leave to file new contention(s) within 20 days of the date of this Memorandum and Order, we will deem the filing to be timely for purposes of 10 C.F.R. § 2.309(f)(2)(iii). PIIC still must address the remaining factors in 10 C.F.R. § 2.309(f)(2), as well as the admissibility factors in 10 C.F.R. § 2.309(f)(1).11 Moreover, PIIC may only file new contentions that raise specific substantive challenges to the AMP described in Section B2.1.27 of the LRA.
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 by A. Baratta for/
Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE Rockville, Maryland May 11, 2009 10 McGuire, CLI-02-28, 56 NRC at 383 11 See Vermont Yankee, LBP-05-24, 62 NRC at 433.
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 (CONDITIONALLY GRANTING MOTION TO DISMISS PIIC CONTENTION 8 AS MOOT) 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 (CONDITIONALLY GRANTING MOTION TO DISMISS PIIC CONTENTION 8 AS MOOT 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 11th day of May 2009