ML12108A213
| ML12108A213 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 04/17/2012 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | FirstEnergy Nuclear Operating Co |
| SECY RAS | |
| References | |
| RAS 22280, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
| Download: ML12108A213 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of: Docket No. 50-346-LR FirstEnergy NUCLEAR OPERATING ASLBP No. 11-907-01-LR-BD01 COMPANY April 17, 2012 (Davis-Besse Nuclear Power Station, Unit 1)
ORDER (Granting FENOCs Unopposed Motion for Leave to Supplement Its Answer)
On January 10, 2012, Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Green Party of Ohio (Joint Intervenors) filed a motion with the Atomic Safety and Licensing Board (Board) to admit a newly-proposed Contention 5 (Contention 5) regarding shield building cracking. 1 Both FirstEnergy Nuclear Operating Company (FENOC) and the Nuclear Regulatory Commission Staff (NRC Staff) timely filed Answers to the proposed Contention 5. 2 An oral argument on the admission of Contention 5 is scheduled for May 18, 2012 in Port Clinton, Ohio. 3 1
Motion for Admission of Contention No. 5 on Shield Building Cracking (Jan. 10, 2012).
2 NRC Staffs Answer to Motion to Admit New Contention Regarding the Safety Implications of Newly Discovered Shield Building Cracking (Feb. 6, 2012) (Staff Answer); FENOCs Answer Opposing Intervenors Motion for Admission of Contention No. 5 on Shield Building Cracking (Feb.
6, 2012) (FENOC Answer).
3 See Board Notice and Order (Scheduling Oral Argument) (Mar. 28, 2012) at 3 (unpublished).
On April 5, 2012, FENOC notified the Board that it had submitted revisions to the Davis-Besse License Renewal Application (LRA). 4 The LRA revisions included, among other things, a new aging management program (AMP) in Section B.2.43, Shield Building Monitoring Program, to ensure that the intended functions of the Shield Building are maintained during the period of extended operation. 5 On April 16, 2012, FENOC filed a motion to supplement its Answer (FENOC Motion), alleging that this new AMP moots both (1) the proposed Contentions challenges to whether FENOC addressed aging management of Shield Building cracking, and (2) the revised contention of omission set forth by the NRC Staff in its Answer. 6 FENOC states that because the new AMP was not available at the time it filed its Answer, this motion is timely under 10 C.F.R.
§ 2.323. 7 FENOC alleges this supplement is necessary to ensure that all material relevant information and arguments relative to admission of the proposed Contention are properly before the Board, and to prevent unnecessary litigation of the now-mooted issues. 8 The FENOC Motion further states that counsel for FENOC certifies under 10 C.F.R.
§ 2.323(b) and Initial Scheduling Order Section G.1 that it consulted with the other parties and has made a sincere attempt to resolve the issues raised in this Motion. 9 Counsel for the NRC Staff 4
Letter from T. Matthews, FENOC Counsel, to the Board, Notification of Filing Related to Proposed Shield Building Cracking Contention (Apr. 5, 2012).
5 Enclosure L-12-028, Amendment No. 25 to the DBNPS License Renewal Application, at 10 (Apr.
5, 2012) (appended to Attachment L-12-028 of the Board Notifications Enclosure 1, Reply to Request for Additional Information for the Review of the Davis-Besse Nuclear Power Station, Unit No. 1, License Renewal Application (TAC No. ME4640) and License Renewal Application Amendment No. 25 (Apr. 5, 2012)).
6 FENOCs Unopposed Motion for Leave to Supplement Its Answer to the Proposed Shield Building Cracking Contention (Apr. 16, 2012).
7 Id. at 2. This motion was timely filed as it was submitted within 10 days of the occurrence or circumstance from which the motion arises. See Board Memorandum and Order (Denying Motion to Dismiss Contention 1) (Jan. 10, 2012) at 3-4 (unpublished); Board Order (Denying Motion for Leave to File a Motion for Reconsideration) (Jan. 30, 2012) at 3 (unpublished).
8 Id.
9 Id. at 2 n.7.
indicated that the NRC Staff does not oppose FENOCs Motion. 10 Similarly, counsel for Joint Intervenors indicated that Joint Intervenors do not oppose FENOCs request to supplement its Answer and reserve the opportunity to file a reply. 11 To ensure the orderly and effective conduct of this proceeding and for good cause shown, we grant FENOCs unopposed April 16, 2012 motion for leave to supplement its Answer to the proposed shield building cracking contentions.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
________/RA/______________
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 17, 2012 10 Id.
11 Id.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FIRST ENERGY NUCLEAR OPERATING )
COMPANY ) Docket No. 50-346-LR
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting FENOCs Unopposed Motion for Leave to Supplement Its Answer) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate Office of the Secretary of the Commission Adjudication U.S. Nuclear Regulatory Commission Mail Stop O-7H4M Mail Stop O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov Office of the General Counsel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission. Mail Stop O-15D21 Mail Stop T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward L. Williamson, Esq.
E-mail: edward.williamson@nrc.gov William J. Froehlich, Chair Lloyd B. Subin, Esq.
Administrative Judge E-mail: lloyd.subin@nrc.gov E-mail: william.froehlich@nrc.gov Brian Harris, Esq.
E-mail: brian.harris@nrc.gov Nicholas G. Trikouros Catherine Kanatas, Esq.
Administrative Judge E-mail: catherine.kanatas@nrc.gov E-mail: nicholas.trikouros@nrc.gov Brian P. Newell, Paralegal E-mail: brian.newell@nrc.gov William E. Kastenberg Administrative Judge OGC Mail Center : OGCMailCenter@nrc.gov E-mail: wek1@nrc.gov FirstEnergy Service Company.
Hillary Cain, Law Clerk Mailstop: A-GO-15 E-mail: hillary.cain@nrc.gov 76 South Main Street Matthew Flyntz, Law Clerk Akron, OH 44308 E-mail: matthew.flyntz@nrc.gov David W. Jenkins, Esq.
E-mail : djenkins@firstenergycorp.com
Docket No. 50-346-LR ORDER (Granting FENOCs Unopposed Motion for Leave to Supplement Its Answer)
Morgan, Lewis & Bockius Citizens Environmental Alliance (CEA) 1111 Pennsylvania Avenue, NW of Southwestern Ontario Washington, D.C. 20004 1950 Ottawa Street Stephen Burdick, Esq. Windsor, Ontario Canada N8Y 197 E-mail: sburdick@morganlewis.com Alex Polonsky, Esq. Green Party of Ohio E-mail: apolonsky@morganlewis.com 2626 Robinwood Avenue Kathryn M. Sutton, Esq. Toledo, Ohio 43610 E-mail: ksutton@morganlewis.com Martin ONeill, Esq. Dont Waste Michigan E-mail: martin.oneill@morganlewis.com 811 Harrison Street Timothy Matthews, Esq. Monroe, Michigan 48161 E-mail: tmatthews@morganlewis.com Michael Keegan Brooke Leach, Esq. E-mail: mkeeganj@comcast.net E-mail: bleach@morganlewis.com Jane Diecker, Esq. Terry J. Lodge, Counsel for CEA, Dont E-mail: jdiecker@morganlewis.com Waste Michigan, and Green Party of Ohio Mary Freeze, Legal Secretary 316 N. Michigan Street, Suite 520 E-mail: mfreeze@morganlewis.com Toledo, OH 43604-5627 E-mail: tjlodge50@yahoo.com Beyond Nuclear 6930 Carroll Avenue Suite 400 Takoma Park, Md. 20912 Kevin Kamps E-mail : kevin@beyondnuclear.org Paul Gunter E-mail : paul@beyondnuclear.org
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 17th day of April 2012 2