ML110660226
| ML110660226 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 02/28/2011 |
| From: | Taylor W US Federal Judiciary, Court of Appeals, 8th Circuit |
| To: | NRC/OGC |
| Charles Mullins, 301-415-1618 | |
| References | |
| 11-1441 | |
| Download: ML110660226 (13) | |
Text
I IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT BENNETT BROWN, ROBERT
- SCHULTES, M.D., PAMELA MACKEY )
No.
- TAYLOR, and IOWA PHYSICICANS FOR SOCIAL RESPONSIBILITY,
)
Petitioners,
)
vs.
)
PETITION FOR REVIEW NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA,
)
Respondents.
Pursuant to 42 U.S.C.
§ 2239; 28 U.S.C.
§§ 2341-2344; 5 U.S.C.
§ 551 et seq.; and Rule 15 of the Federal Rules of Appellate Procedure, Petitioners, Bennett
- Brown, Robert
- Schultes, M.D.,
Pamela Mackey Taylor, and Iowa Physicians for Social Responsibility, hereby petition this Court for review of the decision of the Nuclear Regulatory Commission, issued on December 29,
- 2010, approving the Final Supplemental Environmental Impact Statement for the extension of the license for the Duane Arnold Energy Center in Palo, Iowa.
This Court has jurisdiction of this action pursuant to 28 U.S.C.
§ 2342.
Venue is proper in this Court pursuant to 28 U.S.C.
§ 2343, because Bennett
- Brown, Robert Schultes and Pamela Mackey
- Taylor, live in or near Linn
- County, Iowa, and Iowa Physicians for Social Responsibility have Appellate Case: 11-1441 Page: 1 Date Filed: 02/28/2011 Entry ID: 3760374
members who live in or near Linn County,
- Iowa, where the Duane Arnold Energy Center is located.
A copy of the final order being reviewed is hereto attached as Exhibit A.
ALLACE L.
TAYLORXT0007714 Attorney at Law 118 3rd Ave.
S.E.,
Suite 326 Cedar Rapids, Iowa 52401 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR PETITIONERS DISCLOSURE STATEMENT Iowa Physicians for Social Responsibility is a
non-profit public interest corporation that has no parent corporation and there is no company with any ownership interest.
-ALLACE L. TAYLOR AT 47714 Attorney at Law 118 3 rd Ave. S.E.,
Suite 326 Cedar Rapids, Iowa 52401 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR PETITIONERS Appellate Case: 11-1441 Page: 2 Date Filed: 02/28/2011 Entry ID: 3760374
CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon each of the parties to the above-entitled cause, or their attorneys of
- record, if
- any, electronically to each such attorney or party at his or her respective email address as disclosed by the pleadings of record herein, on this 2 5 th day of February, 2011.
° W LLACE L. TAYLOR Parties served:
RESPONDENTS Nuclear Regulatory Commission Office of General Counsel Washington, DC 20555-0001 Eric Holder United States Department of Justice 950 Pennsylvania Ave.
N.W.
Room B-103 Washington, D.C.
20530-0001 INTERESTED PARTIES NextEra Energy Duane Arnold, LLC 700 Universe Blvd.
Juno Beach, FL 33408-0420 Central Iowa Power Cooperative 1400 Highway 13 S.E.
Cedar Rapids, Iowa 52403 Corn Belt Power Cooperative 1300 1 3 th St.
N.
- Humbolt, Iowa 50548 Appellate Case: 11-1441 Page: 3 Date Filed: 02/28/2011 Entry ID: 3760374
EXHIBIT A Appellate Case: 11-1441 Page: 4 Date Filed: 02/28/2011 Entry ID: 3760374
82092 EXHIBIT A Federal Register/Vol. 75, No. 249/Wednesday, December 29, 2010/Notices operating license No. DPR-49, consistent with Title 10 of the Code of Federal Regulations Section 51.103 (10 CFR 51.103). As discussed in the final Supplemental Environmental Impact Statement [FSEIS) for DAEC, dated October 2010, the Commission has considered a range of reasonable alternatives that included generation from coal fired generation, natural gas combined-cycle generation, combined alternative, and the no-action alternative. The factors considered in the record of decision can be found in the supplemental environmental impact statement (SEIS) for DAEC.
DAEC is a boiling-water reactor located in Palo. Iowa. The application for the renewed license complied with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. As required by the Act and the Commission's regulations in 10 CFR chapter 1, the Commission has made appropriate findings, which are set forth in the license. Prior public notice of the action involving the proposed issuance of the renewed license and of an opportunity for a hearing regarding the p roposed Issuance of the renewed cense was published in the Federal Register on February 17, 2009 (73 FR 67895).
For further details with respect to this action, see: (1) FPL Duane Arnold, LLC's license renewal application for Duane Arnold Energy Center dated September
- 30. 2008, as supplemented by letters dated through August 18, 2010; (2) the Commission's safety evaluation report (NUREG-1955), published in November 2010; (3) the licensee's updated safety analysis report; and (4) the Commission's final environmental impact statement (NUREG-1437, Supplement 42), for the Duane Arnold Energy Center, published in October 2010. These documents are available at the NRC's Public Document Room, One White Flint North, 11555 Rockville Pike, Rockvllle, Maryland 20852, and can be viewed from the NIC Public Electronic Reading Room at http:il www.nrc.govlreading-rmlodamshtnl.
Copies of renewed facility operating license No. DPR-49, may be obtained by writing to the US. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Director, Division of License Renewal. Copies of the Duane Arnold Energy Center safety evaluation report (NUREG-1955) and the final environmental impact statement (NUREG-1437, Supplement 42) may be purchased from the National Technical Information Service, U.S. Department of Commerce, Springfield, Virginia 22161 (http://www.ntis.gov), 703-605-6000, or Attention: Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954 (http://
www.gpoaccess.gov), 202-512-1800. All orders should clearly identify the NRC publication number and the requestor's Government Printing Office deposit account number or VISA or MasterCard number and expiration date.
Dated at Rockville, Maryland, this 16th day of December, 2010.
For The Nuclear Regulatory Commission.
Brian E Holian, Director, Division of License Renewal, Office of Nuclear Reactor Reagulation.
[FR Dcc. 2010-32830 Filed 12-28-10; 6A45 aml BILLNO CODE 700-0-P cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2010, (75 FR 65038-"5039).
Detailed meeting agendas and meeting tramscripts are available on the NRC Web site at http://www.nrc.govlreading-rzm/doc-collections/acrs. Information regarding to pic to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to resent oral statements can be obtained rm the Web site cited above or by contacting the identified DFO.
Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.
Dated: December 21, 2010.
Ilka Barrios, Acting Chief Reactor SafetyBranch B, A dvisozy Committee on Reactor Safeguards.
[FR Doc. 20a0-328a0 Flied 12-2a-10; 6:45 am)
BtI.ll CODE 7se-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Radiation Protection and Nuclear Materials; Notice of Meeting The ACRS Subcommittee on Radiation Protection and Nuclear Materials will hold a meeting on January 12, 2011, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.
The entire meeting will be open to public attendance.
The agenda for the subject meeting shall be as follows:
Wednesday, January 12, 2011-1:30 p.m. Until 5:30 p.m.
The Subcommittee will review the status of the Groundwater Protection Task Force efforts including the SECY paper being developed. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather Information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.
Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Derek Widmayer (Telephone 301-415-7366 or E-mail:
Derek.Widmayer@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made.
Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Planning and Procedures; Notice of Meeting The ACRS Subcommittee on Planning and Procedures will hold a meeting on January 12, 2011, Room T-2B3, 11545 Rockville Pike, Rockvllle, Maryland.
The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.
The agenda for the subject meeting shall be as follows:
Wednesday, January 12, 2011-12 p.m.
Until 1p~m.
The Subcommittee will discuss proposed ACRS activities and related Appellate Case: 11-1441 Page: 5 Date Filed: 02/28/2011 Entry ID: 3760374
Federal Register/Vol. 75, No. 249/Wednesday, December 29, 2010/Notices 82091 Dated: December 22, 2010.
T. Charles Cooper.
Vice President. Congressional and Public Affairs. Millannium Challenge Corporation.
(FR Dc. 2010-32725 Filed 22-20-10-, 845 aml WLLIM CODE 521-45-P NUCLEAR REGULATORY COMMISSION (NRC-201-03181 Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB)
Review;, Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC).
ACTION: Notice of the OMB review of information collection end solicitation of public comment.
SUMMARY
- The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on October 13, 2010.
- 1. 7ýpe of submission, new, revision, or extension: Extension.
- 2. The title of the information collection: 10 CFR Part 26, "Fitness for Duty Programs."
- 3. Current 0MB approval number:
3150-0146.
- 4. The form number if applicable:
N/A.
- 5. How often the collection is required: Annually and on occasion.
- 6. Who will be required or asked to report: Nuclear power reactor licensees licensed under 10 CFR part 50 or 52 (except those who have permanently ceased operations and have verified that fuel has been permanently removed from the reactor); all holders of nuclear power plant construction permits and early site permits with a limited work authorization and applicants for nuclear ower plant construction permits that ave a limited work authorization under the provisions of 10 CFR part 50; all holders of a combined license for a nuclear power plant Issued under 10 CFR part 52 end applicants for a combined license that have a limited work authorization; all licensees, who are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) under the provisions of 10 CFR part 70; all holders of a certificate of compliance of an approved compliance plan issued under 10 CFR part 76, if the holder engages in activities involving formula quantities of SSNM; and all contractor/
vendors (CNV) who implement fitness-for-duty (FFD) programs or program elements to the extent that the licensees and other entities listed in this paragraph rely on those C/V FFD programs or program elements to comply with 10 CFR part 26.
- 7. An estimate of the number of annual responses: 521,919 (120 total annual reporting responses + 42 recordkeepers + 521,757 third-party responses).
- 8. The estimated number of annual respondents: 89,510 (31 FFD program responses + I Subpart K construction FFD program respondent + 10 HHS-certified laboratories + 89,468 third-party respondents).
- 9. An estimate of the total number of hours needed annually to complete the requirement or request: 666,824 (6,615 reporting + 358,352 recordkeeping +
301,857 third party disclosure).
- 10. Abstract: NRC regulations in 10 CFR part 26 prescribe requirements to establish, implement, and maintain fitness-for-duty programs at affected licensees and other entities. The objectives of these requirements are to provide reasonable assurance that persons subject to the rule are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way could adversely affect their ability to safely and competently perform their duties. These requirements also provide reasonable assurance that the effects of fatigue and degraded alertness on individuals' abilities to safely and competently perform their duties are managed commensurate with maintaining public health and safety.
The information collections required by part 26 are necessary to properly manage FFD programs and to enable effective and efficient regulatory oversight of affected licensees other entities. These licensees end other entities must perform certain tasks, maintain records, and submit reports to comply with part 26 drug and alcohol provisions and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee's or entity's compliance with NRC regulations, its FFD performance, and of any significant FFD-related event to help maintain public health and safety, promote the common defense and security, and protect the environment.
A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room 0-1 F21, Rockville, MD 20852. OMW clearance requests are available at the NRC World Wide Web site: http://www.nrc.gov/public-involve/
doc-comment/omb/index.htmr.
The document will be available on the NRC home page site for 60 days after the signature date of this notice.
Comments and questions should be directed to the OMB reviewer listed below by January 28, 2011. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this ate. Christine J. Kymn, Desk Officer, Office of Information and Regulatory Affairs (3150-0146), NEOB-10202, Office of Management and Budget, Washington, DC 20503.
Comments can also be e-mailed to Chl'stine.J.Kymn@omb.eop.gov or submitted by telephone at (202) 395-4638.
The NRC Clearance Officer is Tremaine Donnell, (301) 415-6258.
Dated at Rockvllle, Maryland, December 21, 2010.
For the Nuclear Regulatory Commission.
Fair Majeed, Actin8 AMC Cearance Offlcer, OCffce of Information Services.
[FR Doc. o20o-3Z825 lded 12-28-10; 8:45 am]
BsUNG CODE 75--01--P NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331; NRC-2008-0618]
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center; Notice of Issuance of Renewed Facility, Operating License No. DPR-49 for an Additional 20-Year Period Notice is hereby given that the U.S.
Nuclear Regulatory Commission (NRC, the Commission) has issued renewed facility operating license No. DPR-49 to NextEra Energy Duane Arnold, LLC (licensee), the operator of the Duane Arnold Energy Center (DAEC). Renewed facility operating license No. DPR-49 authorizes operation of DAEC by the licensee at reactor core power levels not in excess of 1912 megawatts thermal in accordance with the provisions of the DAEC renewed license and its technical specifications.
The notice also serves as the record of decision for the renewal of facility Appellate Case: 11-1441 Page: 6 Date Filed: 02/28/2011 Entry ID: 3760374
WALLACE L. TAYLOR ATTORNEY AT LAW 118 3R AVE. S.E., SUITE 326 CEDAR RAPIDS, IOWA 52401 February 25, 2011 Phone 319-366-2428 Fax 319-366-3886 Clerk of U.S.
Court of Appeals Eighth Circuit 111 S.
loth St.,
Room 24.329 St. Louis, MO 63102
((-4L{L4 Re: Brown et al. v.
NRC and USA
Dear Clerk:
Please file the enclosed Petition for Review. Also enclosed are two additional copies of the Petition to be served on the Respondents pursuant to Federal Rule of Procedure 15.
Finally, I am enclosing the filing fee of $450.
If you need anything else, please let me know. Thank you for your cooperation.
Very truly yours, Wallace L. Taylor RECEIVED FEB 2 8 2011 U.S. COURT OF APPEALS EIGHTH CIRCUIT Appellate Case: 11-1441 Page: 1 Date Filed: 02/28/2011 Entry ID: 3760374
United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse I I I South IOth Street. Room 24.329 St. Louis, Missouri 63102 Michael E. Gans VOICE (314) 244-2400 Clerk of Court FAX (314) 244-2780 w'www.ca8.uscourts.gov February 28, 2011 Ms. Karen D. Cyr U.S. NUCLEAR REGULATORY COMMISSION Office of the General Counsel 11555 Rockville Pike Rockville, MD 20852 RE: 11-1441 Bennett Brown, et al v. Nuclear Regulatory Commission, et al
Dear Counsel:
We have received a petition for review of an order of the Nuclear Regulatory Commission in the above case, together with a check in the sum of $450 for the docket fee.
Receipt for docketing fee will be sent through the mail.
Counsel in the case must supply the clerk with an Appearance Form. Counsel may download or fill out an Appcarancc Form on the "Forms" page on our web site at W
C*,V\\V.
U USCO.Irts. g~oy.
The petition has been filed and docketed. A copy of the petition is hereby served upon the respondent in accordance with Federal Rule of Appellate Procedure, 15(c).
Your attention is invited to the briefing schedule pertaining to administrative agency cases, a copy of which will be sent under separate Notice of Docket Activity. The clerk's office provides a number of practice aids and materials to assist you in preparing the record and briefs.
You can download the materials from our website, the address of which is shown above. Counsel for both sides should familiarize themselves with the material and immediately confer regarding the briefing schedule and contents of the appendix.
On June 1, 2007, the Eighth Circuit implemented the appellate version of CM/ECF.
Electronic filing is now mandatory for attorneys and voluntary for pro se litigants proceeding without an attorney. Information about electronic filing can be found at the court's web site
\\vww.ca8.uscuCLirts.gIoY. In order to become an authorized Eighth Circuit filer, you must register Appellate Case: 11-1441 Page: 1 Date Filed: 02/28/2011 Entry ID: 3760374
with the PACER Service Center at https:/!www.pace-r.gov/psco/cgi-bin/cemccf/ca-regfoirn.pl.
Questions about CM/ECF may be addressed to the Clerk's office.
Michael E. Gans Clerk of Court JMH Enclosures cc:
Mr. Eric H. Holder Jr.
Mr. Wallace L. Taylor District Court Case Number: 75-249 Appellate Case: 11-1441 Page: 2 Date Filed: 02/28/2011 Entry ID: 3760374
Caption For Case Number: 11-1441 Bennett Brown; Robert Schultes, M. D.; Pamela Mackey Taylor; Iowa Physicians for Social Responsibility Petitioners V.
Nuclear Regulatory Commission; United States of America Respondents Appellate Case: 11-1441 Page: 3 Date Filed: 02/28/2011 Entry ID: 3760374
Addresses For Case
Participants:
11-1441 Ms. Karen D. Cyr U.S. NUCLEAR REGULATORY COMMISSION Office of the General Counsel 11555 Rockville Pike Rockville, MD 20852 Mr. Eric H. Holder Jr.
U.S. DEPARTMENT OF JUSTICE Office of the Attorney General 950 Pennsylvania Avenue, N.W.
Washington, DC 20530 Mr. Wallace L. Taylor 118 Third Avenue, S.E.
Higley Building Cedar Rapids, IA 52401 Appellate Case: 11-1441 Page: 4 Date Filed: 02/28/2011 Entry ID: 3760374