ML12215A295
| ML12215A295 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/02/2012 |
| From: | Catherine Kanatas NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23177, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
| Download: ML12215A295 (5) | |
Text
August 2, 2012 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
FIRSTENERGY NUCLEAR OPERATING CO. ) Docket No. 50-346-LRA
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER TO FIRSTENERGYS MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 4 (SAMA ANALYSIS SOURCE TERMS)
INTRODUCTION Pursuant to 10 C.F.R. § 2.323(a) and Section G.2 of the Atomic Safety and Licensing Boards (Board) Initial Scheduling Order (ISO), 1 the Staff of the U.S. Nuclear Regulatory Commission (Staff) hereby requests an extension of time to file its answer to FirstEnergys Motion for Summary Disposition of Contention 4 (SAMA Analysis Source Terms), (FENOCs Summary Disposition Motion), filed by FirstEnergy Nuclear Operating Company (FENOC) 2 regarding FENOCs license renewal application for Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse). 3 In support of this unopposed Motion, 4 the Staff states as follows:
1 Initial Scheduling Order at G.2.
2 FirstEnergys Motion for Summary Disposition of Contention 4 (SAMA Analysis Source Terms (July 26, 2012) (FENOCs Summary Disposition Motion). FENOCs Summary Disposition Motion included 48 attachments.
3 Letter from Barry S. Allen, Vice President, dated August 27, 2010, transmitting the license renewal application for Davis-Besse (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102450565).
4 Intervenors consented to Staff filing the extension request and indicated that they wished to make the motion a joint motion, or alternatively, requested the consent/nonopposition of FENOC and the Staff to have the same answer date as the Staff. Staff does not oppose Intervenors having the same answer date as the Staff. FENOC does not oppose the requests by Staff and Intervenors for 30 additional days on which to answer the motion for summary disposition.
- 1. FENOCs Summary Disposition Motion was filed on July 26, 2012, and is based on, among other things, a revised Severe Accident Mitigation Alternatives (SAMA) analysis, submitted to the NRC on July 16, 2012.
- 2. FENOCs Summary Disposition Motion is supported by 48 attachments, which comprise over 3,300 pages and address a multitude of issues related to Contention 4 concerning SAMAs. Technical staff needs sufficient time to carefully review the revised SAMA and extensive documents provided by FENOC.
- 3. As stated in the Boards ISO, the Staff is required to file an answer supporting or opposing a motion for summary dispositionwithin twenty (20) days after service of the motion, unless the Board orders otherwise. 5 Therefore, the Staffs answer to FENOCs Summary Disposition Motion is due on or before August 15, 2012.
- 4. In addition, on July 16, 2012 and July 23, 2012, Intervenors filed motions to supplement their proposed contention regarding shield building cracking. 6 Per the Boards order, the Staffs answer to these motions is due on or before August 17, 2012. 7
- 5. Additionally, Staffs lead counsel is currently on approved annual leave and is not expected back until the end of the week and will need time to review the materials and consult with technical staff.
- 6. Given the breadth and volume of FENOCs filings related to the Summary Disposition Motion, the need to address Intervenors recently filed shield building motions during this same period, and lead staff counsels absence until the end of this week, the Staff has 5
ISO at C.
6 See Intervenors Third Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking) (July 16, 2012) (ADAMS Accession No. ML12198A561); Intervenors Fourth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking) (July 23, 2012)
(ADAMS Accession No. ML12205A507).
7 See Board Order (Setting Dates for Answers and Reply to Motions to Amend Contention 5)
(July 17, 2012) (ADAMS Accession No. ML12199A341).
determined that it requires a 30-day extension of time, until September 14, 2012, for the filing of its answer to FENOCs Summary Disposition Motion.
- 7. As required by 10 C.F.R. § 2.323(b), Staff Counsel contacted counsel for Intervenors and FENOC regarding this motion. Intervenors consented to Staff filing the extension request and indicated that they wished to make the motion a joint motion, or alternatively, requested the consent/nonopposition of FENOC and the Staff to have the same answer date as the Staff. Staff does not oppose Intervenors having the same answer date as the Staff. FENOC does not oppose the requests by Staff and Intervenors for 30 additional days on which to answer the motion for summary disposition.
Therefore, the Staff respectfully requests that this unopposed motion to extend the time for the Staff and Intervenors to answer FENOCs Summary Disposition Motion until September 14, 2012, be granted.
Respectfully submitted, Signed (electronically) by Catherine E. Kanatas Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2321 E-mail: Catherine.Kanatas@nrc.gov Date of Signature: August 2, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
FIRSTENERGY NUCLEAR OPERATING CO. ) Docket No. 50-346-LRA
)
(Davis-Besse Nuclear Power Station, Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER TO FIRSTENERGYS MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 4 (SAMA ANALYSIS SOURCE TERMS) in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 2nd day of August, 2012.
William J. Froehlich, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop: T-3F23 Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: william.froehlich@nrc.gov E-mail: OCAAmail.resource@nrc.gov Nicholas G. Trikorous, Administrative Judge Office of the Secretary Atomic Safety and Licensing Board Panel Attn: Rulemakings and Adjudications Staff Mail Stop: T-3F23 Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: nicholas.trikorous@nrc.gov E-mail: hearingdocket@nrc.gov William E. Kastenberg, Administrative Judge David W. Jenkins, Esq.
Atomic Safety and Licensing Board Panel First Energy Service Company Mail Stop: T-3F23 Mail Stop A-GO-15 U.S. Nuclear Regulatory Commission 76 South Main Street Washington, DC 20555-0001 Akron, OH 44308 E-mail: william.kastenberg@nrc.gov E-mail: djenkins@firstenergycorp.com
Beyond Nuclear Morgan, Lewis & Bockius 6930 Carroll Avenue, Suite 400 Pennsylvania Avenue, NW Takoma Park, MD 20912 Washington, D.C. 20004 Paul Gunter Stephen Burdick, Esq.
E-mail: paul@beyondnuclear.com E-mail: sburdick@morganlewis.com Kevin Kamps Alex Polonsky, Esq.
Email: Kevin@beyondnuclear.com E-mail: apolonsky@morganlewis.com Kathryn M. Sutton, Esq.
E-mail: ksutton@morganlewis.com Timothy Matthews, Esq.
E-mail: tmatthews@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Derek Coronado Michael Keegan Citizens Environmental Alliance (CEA) Dont Waste Michigan of Southwestern Ontario 811 Harrison Street 1950 Ottawa Street Monroe, Michigan 48161 Windsor, Ontario Canada N8Y 197 E-mail: mkeeganj@comcast.net Email: dcoronado@cogeco.net Anita Rios Terry Lodge Green Party of Ohio Counsel for Citizens Environmental 2626 Robinwood Avenue Alliance, Dont Waste Michigan and Green Toledo, Ohio 43610 Party of Ohio Email: rhannon@toast.net 316 N. Michigan Street, Suite 520 Toledo, OH 43604 Email: tjlodge50@yahoo.com
/Signed (electronically) by/
Catherine E. Kanatas Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-2321 E-mail: Catherine.Kanatas@nrc.gov