ML091630288
| ML091630288 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 06/12/2009 |
| From: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| To: | Northern States Power Co, Prairie Island Indian Community |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 4110 | |
| Download: ML091630288 (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) June 12, 2009 ORDER (Granting Motions to Dismiss PIIC Contentions 7 and 8)
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: Contentions 1, 2, 5, 6, 7, 8, and 11.1 On April 3, 2009, pursuant to 10 C.F.R. § 2.338, PIIC and Northern States Power Company (NSPM) filed a joint motion seeking approval of a settlement of Contentions 1, 6, and 11.2 The Board promptly approved the settlement and dismissed all three contentions.3 On April 6, 2009, pursuant to 10 C.F.R. § 2.323, NSPM filed a motion seeking dismissal of Contention 8 as moot on the basis of new information supplied by Applicant.4 The Board 1
Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC __
(Dec. 5, 2008).
2 Joint Motion for Approval of Settlement and Dismissal of PIIC Contentions 1, 6, and 11 (Apr. 3, 2009).
3 Licensing Board Order (Approving Settlement and Dismissal of Contentions 1, 6, and 11)
(Apr. 14, 2009) (unpublished).
4 Northern States Power Companys Motion to Dismiss PIIC Contention 8 as Moot (Apr. 6, 2009).
issued an order on May 11, 2009, conditionally granting the motion and allowing PIIC 20 days to file new or amended contentions based on the new information.5 The 20-day period expired on June 1, 2009, and having received no indication that PIIC wishes to file new or amended contentions, the Board hereby dismisses Contention 8.
On May 22, 2009, NSPM filed a motion seeking dismissal of Contention 7 as moot, also on the basis of new information supplied by Applicant.6 Contention 7, as restated by the Board, alleges that [t]he [license renewal application] does not contain an adequate plan to monitor and manage the effects of aging due to embrittlement of the reactor vessel internals.7 In admitting this contention, we identified it as a contention of omission.8 Namely, we found that the Applicant failed to describe its aging management plan for reactor vessel internals to the extent required by 10 C.F.R. § 54.21.
On May 12, 2009, NSPM filed a supplement to the license renewal application (LRA) providing a detailed description of the new, plant-specific aging management program for [the Prairie Island Nuclear Generating Plants] reactor vessel internals.9 Subsequently, NSPM filed its motion to dismiss Contention 7. As the basis for this motion, NSPM claims that the information contained in the May 12, 2009 supplement renders Contention 7 moot. Neither NRC Staff nor PIIC opposes the motion to dismiss.10 5
Licensing Board Order (Conditionally Granting Motion to Dismiss Contention 8 as Moot) (May 11, 2009) (unpublished) [hereinafter Board Order Conditionally Dismissing Contention 8].
6 Northern States Power Companys Motion to Dismiss PIIC Contention 7 as Moot (May 22, 2009) [hereinafter Motion to Dismiss Contention 7].
7 Prairie Island, LBP-08-26, 68 NRC at __ (slip op. at 44).
8 Id. at __ (slip op. at 42-43).
9 Motion to Dismiss Contention 7 at 2-3.
10 NRC Staffs Response to Northern States Power Companys Motion to Dismiss PIIC Contention 7 at Moot (June 1, 2009); PIIC's Response to NSPM's Motion to Dismiss Contention 7 as Moot (June 1, 2009).
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.11 In the instant case, Applicant filed a supplement to the LRA containing all the information alleged to be omitted from the Application by Contention 7. Thus, the Board concludes that Contention 7 is moot and dismisses it accordingly.12 To summarize, as of this date, the Board has dismissed Contentions 1, 6, 7, 8, and 11, and only two contentions - Contentions 2 and 5 - remain in this proceeding.13 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 June 12, 2009 11 Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2), CLI-02-28, 56 NRC 373, 383 (2002).
12 Under the Boards scheduling order dated February 18, 2009, any new or amended contentions based upon new information are to be filed within thirty days of the date on which the new information becomes available. In the present case, NSPM states that it provided a copy of the LRA supplement to PIICs counsel on May 12, 2009. See Motion to Dismiss Contention 7 at 2. Thus, any new or amended contentions arising from the information contained in the supplement would have been deemed timely if filed by June 11, 2009. We find no need to grant PIIC additional time beyond June 11, as we did in the case of NSPMs motion to dismiss Contention 8. See Board Order Conditionally Dismissing Contention 8 at 2-3.
13 The Board received a letter from NSPM on April 30, 2009, suggesting that NSPM and PIIC had amicably resolved Contention 2 and would soon submit a settlement agreement for the Boards approval. See Letter from David R. Lewis, Counsel for NSPM, to the Licensing Board (Apr. 30, 2009). The Board is prepared to consider any such agreement as soon as the parties submit it.
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 (GRANTING MOTIONS TO DISMISS PIIC CONTENTIONS 7 and 8) 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 (GRANTING MOTIONS TO DISMISS PIIC CONTENTIONS 7 AND 8)
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 Joyce A. Gasca E-mail: peter.m.glass@xcelenergy.com E-mail: Joyce.A.Gasca@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 12th day of June 2009