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Category:Legal-Pleading
MONTHYEARML21287A6592021-10-14014 October 2021
Notice of Withdrawal of Samuel Reeves Lehman on Behalf of Tennessee Valley Authority
ML21070A3612021-03-11011 March 2021
NRC Staff Answer to the Tennessee Valley Authority'S Motion Regarding Disclosures
ML15173A0332015-06-22022 June 2015
Southern Alliance for Clean Energy'S Reply to Oppositions to Petition for Review of LBP-15-14 Denying Admission of a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 5.34(b)(4)
ML15163A2142015-06-12012 June 2015
Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Petition for Review of LBP-15-14
ML15163A1452015-06-12012 June 2015
NRC Staff Answer Opposing the Southern Alliance for Clean Energy Petition for Review of Board Decision LBP-15-14
ML15138A4522015-05-18018 May 2015
Sace Petition for Review of LBP-15-14
ML15127A2512015-05-0707 May 2015
Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions
ML15126A3832015-05-0606 May 2015
Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions
ML15126A4782015-05-0606 May 2015
Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions
ML15121A4532015-05-0101 May 2015
NRC Staff Answer to Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene and Motion to Reopen the Record in the Operating License Proceeding for Watts Bar Unit 2
ML15121A7902015-05-0101 May 2015
TVA Answer to Sace Motions to Reopen and Admit a New Contention
ML15111A3562015-04-21021 April 2015
Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene in Operating License Proceeding for Watts Bar Unit 2 Nuclear Power Plant
ML15069A4922015-03-10010 March 2015
Southern Alliance for Clean Energy Reply to Oppositions to Motion for Leave to File a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 50.34(b)(4)
ML15062A3782015-03-0303 March 2015
Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention
ML15062A1142015-03-0303 March 2015
NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention
ML15049A6182015-02-18018 February 2015
Petitioners' Reply to Oppositions to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage
ML15049A3652015-02-18018 February 2015
NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion to Reopen the Record
ML15048A0612015-02-17017 February 2015
Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record
ML15043A7792015-02-12012 February 2015
NRC Staff Opposition to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage
ML15043A5572015-02-12012 February 2015
Tennessee Valley Authority'S Answer Opposing Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage
ML15037A5492015-02-0606 February 2015
Southern Alliance for Clean Energy'S Unopposed Motion to Permit Corrected Filing
ML15037A3182015-02-0505 February 2015
Refiled Motion for New Contention and Motion to Reopen
ML15028A1132015-01-28028 January 2015
Petition to Supplement Reactor-Specific Environmental Impact Statement Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage
ML14311A9752014-11-0707 November 2014
Petitioners' and Intervenors' Consolidated Reply to Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions, to Admit a New Contention, and Motions to Reopen the Record
ML14304A7652014-10-31031 October 2014
Tennessee Valley Authority'S Answer to Opposing Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceeding Pending Issuance of Waste Confidence Safety Findings and Motions for Leave to File New Contention
ML14304A7162014-10-31031 October 2014
Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record
ML14304A6742014-10-31031 October 2014
Inc.'S Motion for Leave to File Amicus Curiae Brief
ML14304A6682014-10-31031 October 2014
NRC Staff Consolidated Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit a New Contention and Motions to Reopen the Record
ML14080A4582014-03-21021 March 2014
Tennessee Valley Authority'S Answer Opposing Petition to Suspend Reactor Licensing Decisions & Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent
ML14080A4602014-03-21021 March 2014
Tennessee Valley Authority'S Answer Opposing Petition to Suspend Reactor Licensing Decisions and Reactor Re-licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spen
ML14080A2542014-03-21021 March 2014
NRC Staff Answer to Opposing Suspension Petition
ML14058A6802014-02-27027 February 2014
Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures
ML13196A3552013-07-15015 July 2013
Southern Alliance for Clean Energy'S Unopposed Motion to Withdraw Contention 7
ML13127A3492013-05-0707 May 2013
Notice of Appearance for Anita Ghosh on Behalf of NRC Staff, in the Matter of Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2)
ML12362A3162012-12-27027 December 2012
Joint Response to Board Order Notifying Parties of Amendments to Rules of Practice
ML12216A1592012-08-0303 August 2012
Tennessee Valley Authority'S Answer Opposing New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Unit 2
ML12215A4652012-08-0202 August 2012
NRC Staff'S Answer to Southern Alliance for Clear Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Units 2
ML12198A3942012-07-16016 July 2012
Certificate of Service for a Letter from Diane Curran to Counsel for TVA and the NRC Staff Regarding Saces Thirtieth Supplement to Its Mandatory Disclosures
ML12191A3832012-07-0909 July 2012
Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar Unit 2
ML12177A1582012-06-25025 June 2012
Tennessee Valley Authority'S Answer Opposing Petition to Suspend Final Licensing Decisions Pending Completion of Remanded Waste Confidence Proceedings
ML12177A0852012-06-25025 June 2012
NRC Staff'S Answer to Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings
ML12170B0412012-06-18018 June 2012
Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings
ML12118A5402012-04-27027 April 2012
Notices of Appearance of Paul M. Bessette and Stephen J. Burdick
ML12118A5412012-04-27027 April 2012
Joint Answer Opposing Hearing Requests Regarding Sufficiency of Order EA-12-051 Modifying Licenses with Regard to Spent Fuel Pool Instrumentation
ML11354A4732011-12-20020 December 2011
Certificate of Service of Copies of the Southern Alliance for Clean Energy'S Opposition to Tva'S Motion for Summary Disposition of Contention 7, Statement of Disputed Material Facts, and Declaration of Shawn Paul Young, Ph.D
ML11354A4722011-12-20020 December 2011
Declaration of Shawn Paul Young, Ph.D. on Behalf of Southern Alliance for Clean Energy
ML11354A4702011-12-20020 December 2011
Southern Alliance for Clean Energy'S Opposition to Tennessee Valley Authority'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts of Watts Bar Unit 2
ML11354A4712011-12-20020 December 2011
Southern Alliance for Clean Energy'S Statement of Disputed Material Facts
ML11354A4032011-12-20020 December 2011
NRC Staff'S Answer to Tva'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts
ML11311A3352011-11-0707 November 2011
Tennessee Valley Authority'S Opposition to Sace'S Motion for Leave to Supplement Its Fukushima-Related New Contention
2021-03-11
[Table view] |
Text
May 6, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL
)
(Watts Bar Unit 2) )
NRC STAFFS ANSWER TO TENNESSEE VALLEY AUTHORITY'S MOTION TO DISMISS SOUTHERN ALLIANCE FOR CLEAN ENERGYS CONTENTION 1 AS MOOT INTRODUCTION On April 19, 2010, Tennessee Valley Authority (TVA) filed a motion before the Atomic Safety and Licensing Board (Board) to dismiss admitted Contention 1 on mootness grounds.
Motion to Dismiss Southern Alliance for Clean Energy's Contention 1 as Moot (April 19, 2010)
(Motion). On May 6, 2010, Intervenors Southern Alliance for Clear Energy ("SACE") filed a letter with the Board stating that SACE does not intend to oppose the Motion and considers Contention 1 to be resolved. Letter from Diane Curran to the Board (May 6, 2010). The NRC Staff supports the motion for the reasons discussed below.
BACKGROUND On May 1, 2009, the NRC published a Notice of Opportunity for Hearing on the operating license ("OL") application of TVA for the Watts Bar Nuclear Plant Unit 2.1 On July 13, 2009, SACE along with several other entities, filed a single combined petition to intervene and 1
Tennessee Valley Authority [TVA]; 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 and Order Imposing Procedures for Access, 74 Fed. Reg. 20,350 (May 1, 2009). Requests for a hearing and petitions to intervene were due by June 30, 2009. Id. at 20351. Upon request, the Commission extended SACE's filing deadline without comment to July 14, 2009. Order (June 24, 2009) (unpublished).
hearing request ("Petition") for the operating license application of Watts Bar Unit 2.
On November 19, 2009, the Board granted party status only to SACE2 and admitted two environmental contentions, including Contention 1, which alleges that TVAs Final Supplemental Environmental Impact Statement (FSEIS) for the Completion and Operation of Watts Bar Nuclear Plant Unit 23 failed to list and discuss the status of compliance with applicable permits, approvals, and environmental quality standards, as required by 10 C.F.R. § 51.45(d).4 In admitting Contention 1 as a contention of omission, the Board held that only the allegation regarding the additional, unspecified and unlisted permits supports the admission of this contention. Watts Bar, LBP-09-26, 72 NRC at __ (slip op. at 19, 21). On April 9, 2010, in response to a Staff Request for Additional Information (RAI),5 TVA provided Table G-5, Federal, State, and Local Authorizations, which lists and describes [a]ll federal, state, and local authorizations, consultations, and environmental permits needed for operation of Unit 2 and the status of each. RAI Response at E1-6; Table G-5. Following its submission of the requested information, TVA filed the instant Motion, seeking dismissal of Contention 1 on the grounds that it has been mooted by TVAs April 9, 2010 RAI Response. Motion at 5.
2 The Board determined that the remaining parties had not adequately justified their late filing.
See Tennessee Valley Authority (Watts Bar Unit 2), LBP-09-26, 70 NRC __ (Nov. 19, 2009) (slip op. at 2-3), affd, CLI-10-12, 72 NRC __ (March 26, 2010)(slip op.).
3 Final Supplemental Environmental Impact Statement, Completion and Operation of Watts Bar Nuclear Plant Unit 2, Rhea County, Tenn. (June 2007) (Agency-wide Documents Access and Management Systems (ADAMS) Accession No. ML080510469).
4 Watts Bar, LPB-09-26, 70 NRC __, slip op. at 15-21, affd on other grounds, CLI-10-12, 71 NRC
__ (Mar. 26, 2010)(slip op.); Petition at 6-8.
5 NRC Staff Watts Bar 2 RAI, at 8 (Dec. 3, 2009) (ML093290073) (requesting a list of all authorizations, consultations, and environmental permits and approvals needed for operation of Watts Bar Nuclear Plant Unit 2 and provide a status for each item).
DISCUSSION I. Legal Standard A contention alleging that required information has been omitted from an application for an operating license must be modified or dismissed as moot where the information in question is provided in response to a Staff RAI. See Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2; Catawba Nuclear Station, Units 1 & 2), CLI-02-28, 56 NRC 373, 382-383 (2002).
II. Discussion The Board admitted Contention 1 as a contention of omission, Watts Bar, LBP-09-26, 70 NRC at __ (slip op. at 21), to the limited extent that SACE alleged that TVAs application did not include unspecified permits that should have been listed and discussed by TVA in the application, pursuant to 10 C.F.R. § 51.45(d). Id. at 19. With respect to two documents enumerated in its contention (i.e., the Interagency Agreement and National Pollutant Discharge Elimination System (NPDES) permit), the Board held that SACE had not alleged facts sufficient to raise a genuine dispute warranting admission of its contention. However, citing TVAs FSEIS, the Board admitted SACEs contention because TVA concedes that there are other applicable permits and approvals but does not identify them or discuss the current compliance status. Id. at 21.
In its Motion, TVA states that in response to the Staffs December 3, 2009 RAI, TVA has now supplied all federal, state, and local authorizations, consultations, and environmental permits needed for operation of Unit 2 and the status of each. Motion at 3 (quotations omitted).
To the extent that TVAs response ameliorates the cited omissions in its original FSEIS, see Watts Bar, LBP-09-26, 70 NRC at __ (slip op. at 19), the Staff supports TVAs request that Contention 1 be dismissed as moot. See McGuire/Catawba, CLI-02-28, 56 NRC at 382-383.
CONCLUSION In conclusion, the Staff supports dismissal of Contention 1 on the grounds that it is rendered moot by TVAs submittal of additional information.
Respectfully submitted,
/Signed (electronically) by/
Michael G. Dreher Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O15-D21 Washington, DC 20555 (301) 415-2314 E-Mail: Michael.Dreher@nrc.gov Signed: May 6, 2010
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL
)
(Watts Bar Nuclear Plant, Unit 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS ANSWER TO TENNESSEE VALLEY AUTHORITY'S MOTION TO DISMISS SOUTHERN ALLIANCE FOR CLEAN ENERGYS CONTENTION 1 AS MOOT, dated May 6, 2010, have been served upon the following by the Electronic Information Exchange, this 6th day of May 2010:
Administrative Judge Office of Commission Appellate Lawrence G. McDade, Chair Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Mail Stop: T-3 F23 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: OCAAMAIL.resource@nrc.gov E-mail: lgm1@nrc.gov Administrative Judge Office of the Secretary Paul B. Abramson Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: Hearing.Docket@nrc.gov E-mail: pba@nrc.gov Administrative Judge Edward Vigluicci, Esq.
Gary S. Arnold Christopher C. Chandler, Esq.
Atomic Safety and Licensing Board Panel Scott A. Vance, Esq.
U.S. Nuclear Regulatory Commission Tennessee Valley Authority Mail Stop: T-3 F23 400 West Summit Hill Drive, WT 6A-K Washington, DC 20555-0001 Knoxville, TN 37902 E-mail: gxa1@nrc.gov E-mail: ejvigluicci@tva.gov ccchandler0@tva.gov savance@tva.gov
Kathryn M. Sutton, Esq. Diane Curran Paul M. Bessette, Esq. Matthew D. Fraser Morgan, Lewis & Bockius, LLP for Southern Alliance for Clean Energy 1111 Pennsylvania Avenue, NW (SACE)
Washington, D.C. 20004 Harmon, Curran, Spielberg & Eisenberg, LLP E-mail: ksutton@morganlewis.com 1726 M Street N.W., Suite 600 E-mail: pbessette@morganlewis.com Washington, DC 20036 E-mail: dcurran@harmoncurran.com E-mail: mfraser@harmoncurran.com
/Signed (electronically) by/
Michael G. Dreher Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O15-D21 Washington, DC 20555 (301) 415-2314 E-Mail: Michael.Dreher@nrc.gov Signed: May 6, 2010
