ML12124A189
| ML12124A189 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/03/2012 |
| From: | William Froehlich, Kastenberg W, Kennedy M Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22398, 50-352-LR, ASLBP 12-916-04-LR-BD01, 50-353-LR | |
| Download: ML12124A189 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Michael F. Kennedy Dr. William E. Kastenberg In the Matter of: Docket No. 50-352-LR, 50-353-LR EXELON GENERATION COMPANY LLC ASLBP No. 12-916-04-LR-BD01 (Limerick Generating Station, Units 1 & 2) May 3, 2012 NOTICE OF HEARING This proceeding concerns the application filed by Exelon Generation Company LLC (Exelon) to extend its operating licenses for the Limerick Generating Station, Units 1 and 2 (Limerick) for an additional twenty years (i.e., until October 26, 2044 for Unit 1, and June 22, 2049 for Unit 2) pursuant to Part 54 of Title 10 of the Code of Federal Regulations.1 In response to an August 24, 2011 notice of opportunity for hearing published in the Federal Register,2 the Natural Resources Defense Council (NRDC) filed a petition to intervene and request for hearing on the 1
License Renewal Application; Limerick Generating Station (June 2011) (ADAMS Accession No. ML11179A101) [hereinafter Application]. The application also seeks renewal of the associated source material, special nuclear material, and by-product material licenses under 10 C.F.R. Parts 30, 40, and 70.
2 Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. NPF-39 and NPF-85 for an Additional 20-Year Period; Exelon Generation Co., LLC, Limerick Generating Station, 76 Fed. Reg. 52,992, 52,992 (Aug. 24, 2011).
Limerick application, setting forth four contentions.3 On December 15, 2011, this Board was established to preside over the instant proceeding and on February 21, 2012 the Board held an oral argument in Norristown, Pennsylvania on standing and contention admissibility.4 In an April 4, 2012 memorandum and order,5 the Board ruled that NRDC had standing to intervene in this proceeding. The Board admitted a narrowed version of Contention 1-E, challenging Exelons consideration of new and significant information regarding severe accident mitigation alternatives (SAMAs). Contention 1-E, as admitted, reads as follows:
Applicants Environmental Report (§ 5.3) erroneously concludes that new information related to its severe accident mitigation design alternatives (SAMDA) analysis is not significant, in violation of 10 C.F.R. § 51.53(c)(3)(iv),
and thus the ER fails to present a legally sufficient analysis of severe accident mitigation alternatives in that:
- 1. Exelon has omitted from its ER a required analysis of new and significant information regarding potential new severe accident mitigation alternatives previously considered for other BWR Mark II Containment reactors.
- 2. Exelons reliance on data from TMI in its analysis of new and significant information regarding economic cost risk constitutes an inadequate analysis of new and significant information.6 The Board ruled that the procedures of Subpart L shall be used for the admitted contention.7 3
Natural Resources Defense Council Petition to Intervene and Notice of Intention to Participate (Nov. 22, 2011).
4 See Tr. 1-269.
5 LBP-12-08, 75 NRC __ (slip op.) (Apr. 4, 2012).
6 Id. at 40.
7 Id.
On April 16, 2012, pursuant to 10 C.F.R. § 2.311, Exelon and the NRC Staff filed Notices of Appeal of the Boards April 4, 2012 Memorandum and Order.8 The filing of an appeal does not stay or delay the effect of a licensing board order on contention admissibility. [I]nterlocutory appeals or petitions to the Commission are not devices for delaying or halting licensing board proceedings.9 In light of the foregoing, please take notice that a hearing will be conducted in this proceeding. The Board may conduct an oral argument,10 hold pre-hearing conferences,11 and conduct evidentiary hearings.12 Unless otherwise ordered by the Commission, the public is invited to attend any oral argument, prehearing conference, or evidentiary hearing.13 Notices of these sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room, located at One White Flint, 11555 Rockville Pike (first floor), Rockville, MD, and through the NRC website, www.nrc.gov.
The Administrative Dispute Resolution Act of 199614 encourages the use of alternative dispute resolution by Federal agencies. The parties are encouraged to explore voluntary processes, including settlement talks with or without a neutral, to resolve the issues in this case.
Upon request, a settlement judge from the Atomic Safety and Licensing Board Panel (ASLBP) could be appointed.15 8
See Exelons Notice of Appeal of LBP-12-08 (Apr. 16, 2012); NRC Staffs Notice of Appeal of LBP-12-08 (Apr. 16, 2012).
9 Sequoyah Fuels Corp. (Gore, Oklahoma Site), CLI-94-9, 40 NRC 1, 6 (1994).
10 See 10 C.F.R. § 2.331.
11 See id. § 2.329.
12 See id. §§ 2.327-2.328, 2.1206-2.1208.
13 Id. § 2.328.
14 5 U.S.C. §§ 571-584.
15 10 C.F.R. § 2.338(b).
Additionally, as provided in 10 C.F.R. § 2.315(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it to the Office of the Secretary by one of the methods prescribed below:
Mail to: Office of the Secretary Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Fax to: (301) 415-1101 (verification (301) 415-1966)
Email to: hearing.docket@nrc.gov In addition, a copy of the limited appearance statement should be sent to the Licensing Board Chairman using the same method at the address below:
Mail to: Administrative Judge William J. Froehlich Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Fax to: (301) 415-5599 (verification (301) 415-7550)
Email to: william.froehlich@nrc.gov At a later date, the Board may entertain oral limited appearance statements at a location or locations in the vicinity of the Limerick facility. Notice of any oral limited appearance sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room and on the NRC website, www.nrc.gov.
Documents relating to this proceeding are available for public inspection at the NRCs Public Document Room or electronically from the publicly available records component of NRCs document system (ADAMS). ADAMS is accessible from the NRC website at www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS may contact the NRC Public Document Room reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by email to pdr@nrc.gov.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 3, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Exelon Generation Company, LLC ) Docket Nos. 50-352-LR and 50-353-LR (Limerick Generating Station, Units 1 and 2) )
) ASLBP No. 12-916-04-LR-BD01 (License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF HEARING have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop T-3F23 Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket: hearingdocket@nrc.gov William J. Froehlich, Chair Administrative Judge E-mail: william.froehlich@nrc.gov Michael F. Kennedy Administrative Judge E-mail: michael.kennedy@nrc.gov William E. Kastenberg Administrative Judge E-mail: William.kastenberg@nrc.gov Matthew Flyntz Law Clerk E-mail: matthew.flyntz@nrc.gov 1
.Limerick Generating Station, Units 1 and 2, Docket Nos. 50-352-LR and 50-353-LR NOTICE OF HEARING U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop O-16C1 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center: ocaamail@nrc.gov Catherine Kanatas, Esq.
Maxwell Smith, Esq.
Mary Spencer, Esq.
Edward Williamson, Esq.
Lauren Woodall, Esq.
Brian Newell, Paralegal catherine.kanatas@nrc.gov maxwell.smith@nrc.gov mary.spencer@nrc.gov edward.williamson@nrc.gov lauren.woodall@nrc.gov brian.newell@nrc.gov OGC Mail Center: OGCMailCenter@nrc.gov Exelon Generation Company, LLC Morgan, Lewis & Bockius, LLP Exelon Business Services Company 1111 Pennsylvania Avenue, N.W.
200 Exelon Way, Suite 305 Washington, DC 20004 Kennett Square, PA 19348 Alex Polonsky, Esq.
Donald Ferraro, Asst. General Counsel Kathryn Sutton, Esq.
donald.ferraro@exeloncorp.com Anna Jones, Esq.
Laura Swett, Esq.
Exelon Generation Company, LLC Edwin Villarico, Sr. Paralegal 4300 Warrenville Road Mary Freeze, Legal Secretary Warrenville, IL 60555 apolonsky@morganlewis.com J. Bradley Fewell, Dep. General Counsel ksutton@morganlewis.com bradley.fewell@exeloncorp.com anna.jones@morganlewis.com lsweet@morganlewis.com evillarico@morganlewis.com mfreeze@morganlewis.com Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Brooke Leach, Esq.
bleach@morganlewis.com 2
Limerick Generating Station, Units 1 and 2, Docket Nos. 50-352-LR and 50-353-LR NOTICE OF HEARING Natural Resources Defense Council (NRDC) National Legal Scholars Law Firm, P.C.
1152 - 15th Street, N.W., #300 241 Poverty Lane, Unit 1 Washington, DC 20005 Lebanon, New Hampshire 03766 Geoffrey H. Fettus, Sr. Project Attorney Anthony Roisman, Managing Partner gfettus@nrdc.org aroisman@nationallegalscholars.com
[Original signed by Christine M. Pierpoint]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 3rd day of May 2012 3