ML11301A330
| ML11301A330 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/28/2011 |
| From: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 21316, 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01 | |
| Download: ML11301A330 (4) | |
Text
October 28, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Pacific Gas and Electric Company Docket Nos. 50-275-LR Diablo Canyon Nuclear Power Plant 50-323-LR Units 1 and 2 SAN LUIS OBISPO MOTHERS FOR PEACES 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, San Luis Obispo Mothers for Peace (SLOMFP) hereby moves for leave to supplement the basis for its contention seeking consideration of the environmental implications of the Fukushima Task Force Report in the License Renewal decision for the Seabrook Nuclear Power Plant. SLOMFP requests 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).1 SRM/SECY 0124 provides further support, in addition to the language of the Task Force Report itself and the Declaration of Dr. Arjun Makhijani, for SLOMFPs contention that the information set forth in the Task Force Report must be considered before the Diablo Canyon nuclear power plant operating license can be renewed. By ordering the Staff to adopt and implement numerous Task 1 The SRM is posted on the NRCs website at http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2011/2011-0124srm.pdf.
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 0124 at 2.
SLOMFP notes that the issuance of SRM/SECY-11-0124 also undermines the basis for a recent licensing board decision finding that contentions similar to SLOMFPs 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)).2 Respectfully submitted, Electronically signed by Diane Curran Harmon Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 dcurran@harmoncurran.com October 28, 2011 2 SLOMFP has 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 0124.
CONSULTATION CERTIFICATE PURSUANT TO 10 C.F.R. § 2.323(b)
I certify that on October 28, 2011, I contacted counsel for the applicant and the NRC Staff in an attempt to obtain their consent to this Motion. Counsel for the applicant stated that the applicant would not take a position on the motion until it had reviewed the motion. Counsel for the NRC Staff responded that the Staff will oppose the motion.
Electronically signed by____________
Diane Curran
CERTIFICATE OF SERVICE I certify that on October 18, 2011, I posted on the NRCs Electronic Information Exchange the foregoing San Luis Obispo Mothers for Peaces Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report. It is my understanding that as a result, the following persons were served:
Office of the Secretary Rules and Adjudications Branch U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 hearingdocket@nrc.gov David A. Repka, Esq.
Tyson R. Smith, Esq.
Winston & Strawn, LLP 1700 K Street N.W.
Washington, D.C. 20006-3817 drepka@winston.com, trsmith@winston.com Susan Uttal, Esq.
Lloyd Subin, Esq.
Maxwell Smith, Esq.
Richard Harper, Esq.
Office of General Counsel Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan.Uttal@nrc.gov Lloyd.Subin@nrc.gov Maxwell.smith@nrc.gov Richard.Harper@nrc.gov Alex Karlin, Chair Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Alex.Karlin@nrc.gov Nicholas G. Trikouros Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Nicholas.trikouros@nrc.gov Paul B. Abramson Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Paul.abramson@nrc.gov Office of Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Electronically signed by Diane Curran