ML091970234
| ML091970234 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 07/16/2009 |
| From: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| To: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 16048 | |
| Download: ML091970234 (4) | |
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.
ASLBP No. 08-871-01-LR-BD01 (Prairie Island Nuclear Generating Plant, Units 1 and 2)
July 16, 2009 ORDER (Approving Settlement and Dismissal of Contention 2)
On July 2, 2009, Northern States Power Company (NSPM) and the Prairie Island Indian Community (PIIC) (collectively, the Parties), with the NRC Staffs support and consent, filed a joint motion with this Board seeking approval of a settlement agreement and dismissal of Contention 2.1 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 Contention 2.2 Contention 2 is 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 Casino.
1 Joint Motion for Approval of Settlement and Dismissal of PIIC Contention 2 (July 2, 2009)
[hereinafter Joint Motion].
2 See Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC
__ (Dec. 5, 2008).
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. Accordingly, the PIIC has agreed to withdraw Contention 2. A settlement agreement, attached to the joint motion as Exhibit A in accordance with 10 C.F.R. § 2.338(g),
sets forth this understanding. The joint motion states that
[d]ismissal 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.3 The 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 the 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 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
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
/RA/
Dr. Gary S. Arnold ADMINISTRATIVE JUDGE
/RA by Edward R. Hawkens for/
Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE Rockville, Maryland July 16, 2009 3
Joint Motion at 2.
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 ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTION 2) 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 ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTION 2)
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 Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of July 2009