ML091831215
| ML091831215 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 07/02/2009 |
| From: | Doris Lewis Northern States Power Co, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 4368 | |
| Download: ML091831215 (11) | |
Text
July 2, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
) Docket Nos. 50-282-LR Northern States Power Co. ) 50-306-LR
)
(Prairie Island Nuclear Generating Plant, ) ASLBP No. 08-871-01-LR Units 1 and 2) )
JOINT MOTION FOR APPROVAL OF SETTLEMENT AND DISMISSAL OF PIIC CONTENTION 2 Pursuant to 10 C.F.R. § 2.338(i), Applicant Northern States Power Company, a Minnesota corporation (NSPM) and the Prairie Island Indian Community (PIIC)
(collectively, the Parties) hereby move this Atomic Safety and Licensing Board (the Board) for approval of a settlement of Contention 2. Based on this settlement, the Parties seek dismissal of the Contention. The NRC Staff has reviewed, supports, and consents to this Joint Motion and settlement.
On December 5, 2008, the Board admitted seven contentions submitted by the PIIC, including Contention 2. Contention 2 related to whether the Severe Accident Mitigation Alternatives (SAMA) analysis included in NSPMs License Renewal Application adequately considered site restoration costs for the PIIC property, the value of that property, and the effects on the Treasure Island Resort and Casino.
NSPM has provided to the PIIC a sensitivity analysis to address the PIIC concerns animating Contention 2 without requiring the disclosure of the PIICs highly confidential
financial information. The PIIC has agreed to withdraw Contention 2, based upon the terms to which the Parties have agreed. A settlement agreement, attached hereto as Exhibit A in accordance with 10 C.F.R. § 2.338(g), sets forth this understanding.
Accordingly, the Parties request that the Board approve this settlement and dismiss Contention 2. Dismissal of this Contention 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 B.
PIICs counsel has authorized NSPM to file this Joint Motion on its behalf.
Respectfully Submitted,
/Signed electronically by David R. Lewis/
David R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1122 Tel. (202) 663-8474 Counsel for Northern States Power Co.
Dated: July 2, 2009 2
Exhibit A
Exhibit B PROPOSED CONSENT ORDER 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. ASLBP No. 08-871-01-LR-BD01 (Prairie Island Nuclear Generating Plant, July __, 2009 Units 1 and 2)
ORDER (Approving Settlement and Dismissal of Contention 2)
On July 2, 2009, the Northern States Power Co. and the Prairie Island Indian Community (collectively, the Parties), with the NRC Staffs support and consent, moved for an order approving settlement and dismissal of Contention 2. In accordance with 10 C.F.R. § 2.338(g), the Parties forwarded the settlement agreement and proposed order to this Board.
Consistent with 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 Contention 2.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Dr. Gary S. Arnold ADMINISTRATIVE JUDGE Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE Rockville, Maryland July __, 2009
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
) Docket Nos. 50-282-LR Northern States Power Co. ) 50-306-LR
)
(Prairie Island Nuclear Generating Plant, ) ASLBP No. 08-871-01-LR Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of Joint Motion for Approval of Settlement and Dismissal of PIIC Contention 2 dated July 2, 2009, was provided to the Electronic Information Exchange for service on the individuals listed below, this 2nd day of July, 2009.
Administrative Judge Administrative Judge William J. Froehlich, Esq., Chair Dr. Gary S. Arnold Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Email: wjf1@nrc.gov Email: gxa1@nrc.gov Administrative Judge Secretary Dr. Thomas J. Hirons Attn: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop O-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov Email: thomas.hirons@nrc.gov
Office of Commission Appellate Adjudication Beth N. Mizuno, Esq.
Mail Stop O-16 C1 David E. Roth, Esq.
U.S. Nuclear Regulatory Commission Peter G. Harris, Esq.
Washington, DC 20555-0001 Maxwell C. Smith, Esq.
E-mail: ocaamail@nrc.gov Brian G. Harris, Esq.
Office of the General Counsel Mail Stop O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: beth.mizuno@nrc.gov; david.roth@nrc.gov; peter.harris@nrc.gov; maxwell.smith@nrc.gov; brian.harris@nrc.gov Philip R. Mahowald, Esq.
General Counsel, Prairie Island Indian Community 5636 Sturgeon Lake Road Welch, MN 55089 pmahowald@piic.org
/Signed electronically by David R. Lewis/
David R. Lewis