ML11301A241

Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report

ML11301A241
Person / Time
Site:	Seabrook
Issue date:	10/28/2011
From:	Bogen D, Ehrenberg K, Gunter P Beyond Nuclear, Seacoast Anti-Pollution League, Sierra Club, New Hampshire Chapter
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML11301A240	List: ML11301A241 ML11301A242
References
RAS 21312, 50-443-LR, ASLBP 10-906-02-LR-BD01
Download: ML11301A241 (3)

Text

October 28, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

NEXTERA ENERGY SEABROOK (LLC) )

[Also Known As FLORIDA POWER & LIGHT] )

)

SEABROOK NUCLEAR POWER PLANT ) DOCKET NO. 50-443-LR

)

Regarding the Renewal of Facility Operating License ) ASLBP No. 10-906-02-LR No-NFP-86 for a 20-Year Period )

__________________________________________ )

MOTION FOR LEAVE TO SUPPLEMENT BASIS OF CONTENTION REGARDING NEPA REQUIREMENT TO ADDRESS SAFETY AND ENVIRONMENTAL IMPLICATIONS OF THE FUKUSHIMA TASK FORCE REPORT Pursuant to 10 C.F.R. § 2.323, Beyond Nuclear, New Hampshire Chapter of the Sierra Club and Seacoast Anti-Pollution League (Intervenors) hereby move for leave to supplement the basis for their contention seeking consideration of the environmental implications of the Fukushima Task Force Report in the License Renewal decision for the Seabrook Nuclear Power Plant. Intervenors request the Atomic Safety and Licensing Board (ASLB) to consider the recent issuance of a directive by the Commissioners of the U.S. Nuclear Regulatory Commission (NRC) to the NRC Staff, which requires the Staff to strive to complete and implement the lessons learned from the Fukushima accident within five years - by 2016. SRM/SECY-11-0124, Memorandum from R.W. Borchardt, Executive Director for Operations to Annette L.

Vietti-Cook, Secretary, re: Recommended Actions to be Taken Without Delay from the Near-Term Task Force Report (Oct. 18, 2011). SRM/SECY-11-0124 provides further

support, in addition to the language of the Task Force Report itself and the Declaration of Dr. Arjun Makhijani, for Intervenors contention that the information set forth in the Task Force Report must be considered before issuance of a License Renewal for Seabrook Nuclear Power Plant. By ordering the Staff to adopt and implement numerous Task Force recommendations, including redefining what level of protection of public health and safety should be regarded as adequate, the Commission makes clear that it believes the lessons learned from the Fukushima accident have safety and environmental significance. See SRM/SECY-11-0124 at 2.

Intervenors note that the issuance of SRM/SECY-11-0124 also undermines the basis for a recent licensing board decision finding that contentions similar to Intervenors contention were premature because the Commission itself had not yet accepted or implemented the Task Force Reports conclusions and recommendations. PPL Bell Bend, L.L.C. (Bell Bend Nuclear Power Plant); Luminant Generation Co., L.L.C.

(Comanche Peak Nuclear Power Plant, Units 3 and 4); Energy Northwest (Columbia Generating Station); Southern Nuclear Operating Co. (Vogtle Electric Generating Plants, Units 3 and 4); Duke Energy Carolinas, L.L.C. (William States Lee Nuclear Station, Units 1 and 2), LBP-11-27, __ NRC __, slip op. at 16 (Oct. 18, 2011) (citing Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2), et al., CLI-11-05, __

NRC __ (Sept. 9, 2011)). 1 1

Intervenors have been informed that the Petitioners in those cases plan to request reinstatement of their contentions and a ruling that the contentions are admissible in light of SRM/SECY-11-0124.

CONSULTATION CERTIFICATE PURSUANT TO 10 C.F.R. § 2.323(b)

Intervenors certify that on October 26, 2011, we contacted counsel for the applicant and the NRC Staff in an attempt to obtain their consent to this Motion. On October 26, 2011, counsel for the NextEra opposed the Motion. On October 27, 2011, NRC Staff responded that while staff does not object to the filing of the Motion on procedural grounds, it reserved judgment on the Motion and will respond in due course.

Respectfully submitted,

---

/s/------------------

Paul Gunter Beyond Nuclear 6930 Carroll Avenue Suite 400 Takoma Park, MD 20912 Tel. 301.270.2209 ext.3 Email: paul@beyondnuclear.org

---

/s/-------------------

Doug Bogen Executive Director Seacoast Anti-Pollution League PO Box 1136 Portsmouth, NH 03802 E-mail: bogen@metrocast.net Tel: 603.431.5089

---

/s/---------------

Kurt Ehrenberg Sierra Club of New Hampshire 40 North Main Street Concord, NH 03301 Email: kurtehrenberg@gmail.com Tel: 603.498.2275 October 28, 2011