ML092950597
| ML092950597 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 10/22/2009 |
| From: | Lawrence Mcdade Atomic Safety and Licensing Board Panel |
| To: | Blue Ridge Environmental Defense League, Sierra Club, Southern Alliance for Clean Energy, Tennessee Environmental Council, We The People |
| SECY RAS | |
| References | |
| 50-391-OL, ASLBP 09-893-01-OL-BD01, RAS 16556, Watts Bar Nuclear Plant 50-391-OL | |
| Download: ML092950597 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence G. McDade, Chairman Dr. Paul B. Abramson Dr. Gary Arnold In the Matter of Docket No. 50-391-OL Tennessee Valley Authority ASLBP No. 09-893-01-OL-BD01 (Watts Bar Unit 2) October 22, 2009 SCHEDULING NOTICE This proceeding arises from an updated application by the Tennessee Valley Authority (TVA) for an operating license (OL) for a second nuclear reactor at the Watts Bar Nuclear Plant (WBN) in Rhea County, Tennessee.1 Pending before the Board are three matters: (1) a Petition to Intervene and Request for Hearing2 jointly filed by five organizations in response to a Notice of Opportunity for Hearing issued on May 1, 2009,3 (2) Petitioners Motion to Permit the Late Addition of Co-Petitioners,4 and (3) Petitioners Motion for Leave to Amend Contention 7.5 1
TVA originally filed an OL application for WBN Unit 2 on June 30, 1976; however, construction of the unit was never completed. TVA filed an update to the OL application on March 4, 2009.
See Tennessee Valley Authority; Notice of Receipt of Update to Application for Facility Operating License and Notice of Opportunity for Hearing for the Watts Bar Nuclear Plant, Unit 2, 74 Fed. Reg. 20,350, 20,350 (May 1, 2009).
2 Petition to Intervene and Request for Hearing (July 13, 2009) [hereinafter Petition].
3 74 Fed. Reg. 20,350.
4 Motion to Permit Late Addition of Co-Petitioners to Southern Alliance for Clean Energys
[SACE] Petition to Intervene and Admit Them as Intervenors (Aug. 14, 2009) [hereinafter Motion to Permit Late Addition of Co-Petitioners].
5 Petitioners Motion for Leave to Amend Contention 7 Regarding TVA Aquatic Study (Sept. 3, 2009) [hereinafter Motion to Amend]; Petitioners Amended Contention 7 Regarding TVA Aquatic Study (Sept. 3, 2009) [hereinafter Amended Contention 7].
2 The Petitioners in this proceeding are Southern Alliance for Clean Energy (SACE),
Tennessee Environmental Council (TEC), We the People (WTP), the Sierra Club, and Blue Ridge Environmental Defense League (BREDL).6 On August 7, 2009, TVA and the NRC Staff filed Answers addressing the Petition.7 On August 14, 2009, Petitioners filed a Reply to TVAs and the NRC Staffs Answers.8 On August 14, 2009, the Petitioners filed a Motion to Permit the Late Addition of Co-Petitioners.9 TVA and the NRC Staff responded on August 21, 2009.10 On September 3, 2009, the Petitioners filed a Motion for Leave to Amend Contention 7, along with an Amended Contention 7.11 TVA and the NRC Staff filed Responses in opposition to the Motion on September 8, and September 10, 2009, respectively.12 In addition, on September 28, 2009, TVA and the NRC Staff filed Answers to the Amended Contention.13 SACE filed a Reply to TVAs and the NRC Staffs Answers to the Amended Contention on October 5, 2009.14 6
Petition at 1.
7
[TVA]s Answer Opposing the [SACE], et al. Petition to Intervene and Request for Hearing (Aug. 7, 2009); NRC Staffs Answer to Petition to Intervene and Request for Hearing (Aug. 7, 2009).
8 Petitioners Reply to NRC Staffs and [TVA]s Answers to Petition to Intervene and Request for Hearing (Aug. 14, 2009).
9 Motion to Permit Late Addition of Co-Petitioners.
10 NRC Staffs Response in Opposition to Motion to Permit Late Addition of Co-Petitioners (Aug.
21, 2009); TVAs Answer Opposing the Motion to Permit Late Addition of Co-Petitioners to
[SACE]s Petition to Intervene and Admit Them as Intervenors (Aug. 21, 2009).
11 Motion to Amend; Amended Contention 7.
12
[TVA]s Response in Opposition to Petitioners Motion for Leave to Amend Contention 7 Regarding TVA Aquatic Study (Sept. 8, 2009); NRC Staffs Response in Opposition to Motion for Leave to Amend Contention 7 Regarding TVA Aquatic Study (Sept. 10, 2009).
13
[TVA]s Response in Opposition to Petitioners Amended Contention 7 Regarding TVA Aquatic Study (Sept. 28, 2009); NRC Staffs Answer to Petitioners Amended Contention 7 Regarding TVA Aquatic Study (Sept. 28, 2009).
14 Petitioners Reply to Responses of NRC Staff and [TVA] to Petitioners Amended Contention 7 (Oct. 5, 2009).
3 The final pleading on the matters pending before the Board (Petitioners Reply) having been filed on October 5, 2009, pursuant to 10 C.F.R. § 2.309(i) the Boards ruling should be filed within 45 days after October 5, 2009, that is, no later than November 19, 2009. The Board will rule on the two pending motions and the admissibility of the proffered contentions in early November 2009.
FOR THE ATOMIC SAFETY AND LICENSING BOARD15
/RA/
Lawrence G. McDade, Chairman ADMINISTRATIVE JUDGE Rockville, MD October 22, 2009 15 A copy of this order was sent this date by the agencys E-filing system to: (1) Counsel for the NRC staff; (2) Counsel for TVA; and (3) Diane Curran and Matthew Fraser as Counsel for the Petitioners.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-391-OL
)
(Watts Bar Nuclear Power Plant - )
Unit 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB SCHEDULING NOTICE have been served upon the following persons by the Electronic Information Exchange.
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 Lawrence G. McDade, Chair Edward Williamson, Esq.
Administrative Judge E-mail: elw2@nrc.gov E-mail: lgm1@nrc.gov David Roth, Esq.
E-mail: david.roth@nrc.gov Paul B. Abramson Andrea Jones, Esq.
Administrative Judge E-mail: axj4@nrc.gov E-mail: pba@nrc.gov Jeremy Suttenberg, Esq.
E-mail: jeremy.suttenberg@nrc.gov Gary S. Arnold Brian Newell, Paralegal Administrative Judge E-mail: bpn1@nrc.gov E-mail: gxa1@nrc.gov Wen Bu, Law Clerk OGC Mail Center E-mail: wxb3@nrc.gov E-mail: OGCMailCenter@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov
2 Docket No. 50-391-OL LB SCHEDULING NOTICE Morgan, Lewis & Bockius, LLP Tennessee Valley Authority Counsel for Tennessee Valley Authority Office of the General Counsel 1111 Pennsylvania Ave., N.W. 400 W. Summit Hill Drive, WT 6A-K Washington, DC 20004 Knoxville, TN 37902 Kathryn M. Sutton, Esq. Edward J. Vigluicci, Esq.
E-mail: ksutton@morganlewis.com E-mail: ejvigluicci@tva.gov Paul M. Bessette, Esq. Maureen H. Dunn, Esq.
E-mail: pbessette@morganlewis.com E-mail: mhdunn@tva.gov Raphael P. Kuyler, Esq. Harriet A. Cooper, Esq.
rkuyler@morganlewis.com E-mail: hacooper@tva.gov Esther Park, Esq.
esther.park@morganlewis.com Mary L. Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Southern Alliance for Clean Energy (SACE)
Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street N.W., Suite 600 Washington, DC 20036 E-mail: dcurran@harmoncurran.com
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 22nd day of October 2009