ML11301A334

Southern Alliance for Clean Energy'S Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report

ML11301A334
Person / Time
Site:	Watts Bar
Issue date:	10/28/2011
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Southern Alliance for Clean Energy
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21317, 50-391-OL, ASLBP 09-893-01-OL-BD01
Download: ML11301A334 (4)

Text

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

Tennessee Valley Authority )

Completion and Operation License ) Docket No. 50-391OL Watts Bar Nuclear Plant Unit 2 )

__________________________________________)

SOUTHERN ALLIANCE FOR CLEAN ENERGYS 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, Southern Alliance for Clean Energy (SACE) 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. SACE 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 NRC issues an operating licensing for the Watts Bar Unit 2 nuclear power plant. By ordering the Staff to adopt and implement numerous 1

The SRM is posted on the NRCs website at http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2011/2011-0124srm.pdf.

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.

SACE notes that the issuance of SRM/SECY-11-0124 also undermines the basis for a recent licensing board decision finding that contentions similar to SACEs 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

SACE 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.

2

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 does not support the motion. Counsel for the NRC Staff responded that the Staff does not consent to the motion.

Electronically signed by____________

Diane Curran 3

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

)

(Watts Bar Unit 2) )

____________________________________)

CERTIFICATE OF SERVICE I certify that on October 28, 2011, I posted on the NRCs Electronic Information Exchange System copies of the foregoing Southern Alliance for Clean Energys 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 parties were served:

Lawrence G. McDade, Chair Kathryn M. Sutton, Esq.

Paul B. Abramson Paul M. Bessette, Esq.

Gary S. Arnold Morgan, Lewis & Bockius, L.L.P.

Atomic Safety and Licensing Board Panel 1111 Pennsylvania Avenue N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Mail Stop T-3F23 ksutton@morganlewis.com Lgm1@nrc.gov, pba@nrc.gov, wxb3@nrc.gov pbessette@morganlewis.com NRC Office of the Secretary NRC Office of Appellate Commission Rulemakings and Adjudications Staff Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Hearing.docket@nrc.gov ocaamail@nrc.gov David E. Roth, Esq. Edward J. Vigluicci, Esq.

Andrea Jones, Esq. Christopher C. Chandler, Esq.

Catherine E. Kanatas, Esq. Office of the General Counsel Office of General Counsel Tennessee Valley Authority U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive, WT 6A-Washington, D.C. 20555 K David.roth@nrc.gov, andrea.jones@nrc.gov, Knoxville, TN 37902 Catherine.kanatas@nrc.gov ejvigluicci@tva.gov, ccchandler0@tva.gov (signed electronically by)

Diane Curran