ML12135A405
| ML12135A405 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/14/2012 |
| From: | Lodge T - No Known Affiliation, Beyond Nuclear, Citizens Environmental Alliance of Southwestern Ontario, Don't Waste Michigan, Green Party of Ohio |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22438, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
| Download: ML12135A405 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of First Energy Nuclear Operating Company (Davis-Besse Nuclear Power Station, Unit 1)
)
Docket No. 50-346-LR
)
May 14, 2012
)
INTERVENORS UNOPPOSED MOTION TO VACATE AND RESCHEDULE ORAL ARGUMENT ON PROPOSED CONTENTION NO. 5 Now come Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario (CEA), Dont Waste Michigan, and the Green Party of Ohio (collectively, Intervenors), by and through counsel, and move the Board to vacate the present, May 18, 2012, oral argument of proposed Contention No. 5 slated to take place in Port Clinton, Ohio. The NRC Staff and FirstEnergy do not oppose this request.
/s/ Terry J. Lodge Terry J. Lodge (Ohio Bar #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 Phone/fax (419) 255-7552 tjlodge50@yahoo.com Counsel for Intervenors A. Background By prior order ASLBP No. 11-907-01-LR-BD01, dated March 28, 2012), the Board scheduled oral argument to be convened in Port Clinton on May 18 to hear from the parties concerning the proposed Contention 5, which states:
Interveners contend that FirstEnergys recently-discovered, extensive cracking of unknown origin in the Davis-Besse shield building/secondary reactor radiological containment structure is an aging-related feature of the plant, the condition of which precludes safe operation of the atomic reactor beyond 2017 for any period of time, let alone the proposed 20-year license period.
The NRC Staff has proposed alternative wording which would transform the contention into a contention of omission. FENOC and the Staff have timely responded to the original contention motion.
B. A Change of Circumstances Has Occurred Which Militates Against Proceeding on May 18 Shortly after the entry of the Boards order, FENOC promulgated its idea of an aging management plan (AMP) to address the shield building cracking issue, on April 5, 2012..
Intervenors have until June 4, 2012 by which time to move to amend or supplement their proposed Contention 5 based upon this disclosure by FENOC, and Intervenors wish to avail themselves of that option. Also, Intervenors, hoping to accelerate the discovery process in order to reinforce their proposed contention, tendered a FOIA request to the NRC in January 2012, and currently await the NRCs provision of requested information related to the cracking issue.
On May 14, 2012 (date of filing of this Motion), representatives of the Intervenors con-ferred with counsel for the NRC Staff and FENOC on the matter of whether oral argument on May 18 would be a productive use of the ASLBs and parties time. Proceeding with oral argument on May 18 would risk wasting the Boards time on a matter which is not likely to be ripe on May 18 for resolution. In the interest of conserving judicial resources, Intervenors request that the Board vacate the May 18, 2012 oral argument and reschedule the same to a date when the proposed Contention 5 may be finally considered for admissibility to this proceeding.
Both the NRC Staffs counsel and FENOCs counsel stated during the May 14 consulta-tion that they do not oppose this request.
WHEREFORE, Intervenors respectfully ask that the May 18, 2012 oral argument date be vacated and rescheduled.
/s/ Terry J. Lodge Terry J. Lodge (Ohio Bar #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 Phone/fax (419) 255-7552 tjlodge50@yahoo.com Counsel for Intervenors UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of First Energy Nuclear Operating Company (Davis-Besse Nuclear Power Station, Unit 1)
)
Docket No. 50-346-LR
)
May 14, 2012
)
CERTIFICATE OF SERVICE OF INTERVENORS UNOPPOSED MOTION TO VACATE AND RESCHEDULE ORAL ARGUMENT ON PROPOSED CONTENTION NO. 5' We hereby certify that a copy of the INTERVENORS UNOPPOSED MOTION TO VACATE AND RESCHEDULE ORAL ARGUMENT ON PROPOSED CONTENTION NO. 5" was sent by us to the following persons via electronic deposit filing with the Commissions EIE system on the 14th day of May, 2012:
Administrative Judge William J. Froehlich, Chair Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wjf1@nrc.gov Administrative Judge Dr. William E. Kastenberg Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: wek1@nrc.gov Administrative Judge Nicholas G. Trikouros Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ngt@nrc.gov Office of the Secretary U.S. Nuclear Regulatory Commission Rulemakings and Adjudications Staff Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 Catherine Kanatas catherine.kanatas@nrc.gov Brian G. Harris E-mail: Brian.Harris@nrc.gov Lloyd B. Subin lloyd.subin@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Michael Keegan Dont Waste Michigan 811 Harrison Street Monroe, MI 48161 E-mail: mkeeganj@comcast.net Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5059 Fax: 202-739-3001 E-mail: sburdick@morganlewis.com Timothy Matthews, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, DC 20004 Phone: (202) 739-5830 Fax: (202) 739-3001 E-mail: tmatthews@morganlewis.com Respectfully submitted,
/s/ Terry J. Lodge Terry J. Lodge (Ohio Bar #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 Phone/fax (419) 255-7552 tjlodge50@yahoo.com Counsel for Intervenors
/s/ Kevin Kamps Kevin Kamps Radioactive Waste Watchdog Beyond Nuclear 6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 Tel. 301.270.2209 ext. 1 Email: kevin@beyondnuclear.org Website: www.beyondnuclear.org Pro se on behalf of Intervenors