ML100252225
| ML100252225 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 01/25/2010 |
| From: | Zeller L Bellefonte Efficiency & Sustainability Team (BEST), Blue Ridge Environmental Defense League, Southern Alliance for Clean Energy |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17035 | |
| Download: ML100252225 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-438 and 50-439 Tennessee Valley Authority Bellefonte Nuclear Power Plant ASLBP No. 10-896-01-CP-BD01 Units 1 and 2 Construction Permits CPPR-122 and CPPR-123 January 25, 2010 JOINT PETITIONERS ANSWER TO TENNESSEE VALLEY AUTHORITYS MOTION TO STRIKE SUPPLEMENTAL BASIS FOR CONTENTION 6 Pursuant to 10 CFR § 2.323 and the Atomic Safety and Licensing Boards January 15, 2010 Memorandum and Order, Blue Ridge Environmental Defense League, its chapter Bellefonte Efficiency and Sustainability Team and the Southern Alliance for Clean Energy (Joint Petitioners) hereby file their answer in opposition to the Tennessee th Valley Authority (TVA) January 14 motion to strike.
TVAs motion states that Joint Petitioners Supplemental Basis is deficient for two reasons: 1) it does not seek leave of the Board to file; and 2) it contains superficial assertions of compliance with late-filing criteria under 10 CFR § 2.309(f)(2)(i)-(iii).
Joint Petitioners filing is not defective for the following reasons: 1) Joint Petitioners have already sought leave to intervene and the matter is extant; 2) Petitioners respectfully acknowledge the Commissions May 20th Order that contentions be held in abeyance. However, the stated intent of the order was to resolve the threshold authority th issue before taking action on further questions. The May 20 Order states, The Commission may refer Petitioners remaining contentions to the Atomic Safety and 1
Licensing Board Panel at a future date. At that time, NRC Staff and TVA were ordered not to file respective answers to the Intervention Petition, but the Commission placed no constraint upon the Joint Petitioners; 3) As we have argued previously, the filing of the Supplemental Basis was far from an attempt to add or alter the issues at play in the proceeding, nor to make new legal argument. In effect, it was nothing more than a 1
notice of supplemental authority, which can generally be offered at any time; and
- 4) The supplemental filing satisfied the requirements of 10 C.F.R. § 2.309(f)(2) prima facie: the supplemental information is based on a recent incident, the incident further supports Contention 6, TVAs letter to NRC was not available to Petitioners until December 10 th, and the supplemental brief was filed within 30 days. Thus, Joint Petitioners complied with the three part test for materiality, availability and timeliness.
Therefore, we oppose TVAs motion to dismiss and request that Joint Petitioners supplemental basis for Contention 6 be made a part of this proceeding.
Respectfully submitted, Louis A. Zeller Blue Ridge Environmental Defense League PO Box 88 Glendale Springs, NC 28629 Phone: (336) 982-2691 Fax: (336) 977-0852 E-mail: BREDL@skybest.com 1
Petitioners Opposition to Tennessee Valley Authoritys Motion to Strike Petitioners Supplemental Basis for proposed Contention 5, July 27, 2009 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BEFORE THE LICENSING BOARD In the Matter of Docket Nos. 50-438 and 50-439 Tennessee Valley Authority Bellefonte Nuclear Power Plant ASLBP No. 10-896-01-CP-BD01 Units 1 and 2 Construction Permits CPPR-122 and CPPR-123 January 25, 2010 CERTIFICATE OF SERVICE I hereby certify that copies of the Joint Petitioners Answer to Tennessee Valley Authoritys Motion to Strike Supplemental Basis for Contention 6 were served this day on the following persons via Electronic Information Exchange.
Office of the Secretary ATTN: Docketing and Service Louise Gorenflo Mail Stop 0-16C1 Bellefonte Efficiency & Sustainability Team US Nuclear Regulatory Commission 185 Hood Drive Washington, DC 20555-0001 Crossville, TN 28555 (E-mail: hearingdocket@nrc.gov) (E-mail: lgorenflo@gmail.com)
Office of Commission Appellate Steven P. Frantz, Esq.
Adjudication Stephen J. Burdick, Esq.
US Nuclear Regulatory Commission Morgani, Lewis & Bockius LLP Washington, DC 20555-0001 1111 Pennsylvania Ave., NW (E-mail: ocaamail@nrc.gov) Washington, DC 20004 (E-mail: sfrantz@morganlewis.com, Patrick A. Moulding, Esq. sburdick@morganlewis.com)
Ann P. Hodgdon, Esq.
US Nuclear Regulatory Commission Edward J. Vigluicci, Esq.
Mail Stop O-15 D21 Scott A. Vance, Esq.
Washington, DC 20555-0001 Tennessee Valley Authority (E-mail: patrick.moulding@nrc.gov, 400 West Summit Hill Dr., WT 6A-K ann.hodgdon@nrc.gov) Knoxville, TN 37902 (E-mail: ejvigluicci@tva.gov, savance@tva.gov) 3
Maxwell C. Smith, Esq.
Counsel for NRC Staff US Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 (301) 415-1246 maxwell.smith@nrc.gov Sara Barczak, Representative of SACE Southern Alliance for Clean Energy 428 Bull Street Savannah, GA 31401 (912) 201-0354 sara@cleanenergy.org Signed this day in Glendale Springs, NC Louis A. Zeller Blue Ridge Environmental Defense League PO Box 88 Glendale Springs, NC 28629 (336) 982-2691 (336) 977-0852 (E-mail: BREDL@skybest.com)
January 25, 2010 4