ML12221A218
| ML12221A218 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 08/08/2012 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 23260, 50-483-LR, ASLBP 12-919-06-LR-BD01 | |
| Download: ML12221A218 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chair William J. Froehlich Nicholas G. Trikouros In the Matter of Docket No. 50-483-LR Union Electric Company ASLBP No. 12-919-06-LR-BD01 (Callaway Plant, Unit 1) August 8, 2012 MEMORANDUM AND ORDER (Incorporating Revisions to the Rules of Practice)
We recently declined to admit any of the three contentions proffered by petitioner Missouri Coalition for the Environment (MCE) in support of its April 2012 hearing request challenging the 10 C.F.R. Part 54 application of Union Electric Company, d/b/a Ameren Missouri (Ameren), to renew the Part 50 operating license for its Callaway Plant, Unit 1. See LBP-12-15, 76 NRC , (slip op. at 27-28) (July 17, 2012). Nonetheless, still pending in this proceeding is a July 9, 2012 MCE motion to admit a new contention asserting that the Ameren environmental report (ER) is not in compliance with the requirements of the National Environmental Policy Act because the ER fails to include a discussion of the environmental impacts of spent fuel pool (SFP) leakage, SFP fires, and the lack of a spent fuel repository, as required by the recent decision of the United States Court of Appeals for the District of Columbia Circuit in New York v.
NRC, No. 11-1045 (D.C. Cir. June 8, 2012). See [MCEs] Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Callaway Nuclear Power Plant (July 9, 2012) at 4. The Commission has directed that this contention be held in abeyance until further order of the Commission. See Calvert Cliffs Nuclear Project, LLC
(Calvert Cliffs Nuclear Power Plant, Unit 3), CLI-12-16, 76 NRC , & n.10 (slip op. at 5-6 &
n.10) (Aug. 7, 2012). Given this case now seems likely to remain before this Licensing Board for some period of time, a recent change to the agencys rules of practice requires that we provide some clarification regarding the procedures applicable in this proceeding.
On August 3, 2012, the agency published in the Federal Register a notice of the adoption of a final rule that outlines changes to its 10 C.F.R. Part 2 rules of practice. See Amendments to Adjudicatory Process Rules and Related Requirements, 77 Fed. Reg. 46,562 (Aug. 3, 2012). Among the alterations is one that potentially impacts scheduling for this proceeding. A change incorporated into 10 C.F.R. § 2.309(i)(1) provides that the applicant and the NRC staff have twenty-five days to file an answer to a hearing petition, or to any subsequently filed request to admit a new or amended contention. See id. at 46,592. This revision can be compared with the provisions of the Boards initial prehearing order setting a fourteen-day time period for an answer to a motion to admit a new or amended contention. See Licensing Board Memorandum and Order (Initial Prehearing Order) (May 4, 2012) at 4 n.3 (unpublished).
According to the explanation in the agencys statement of considerations regarding the effectiveness of these rule changes relative to any ongoing proceedings, any new or amended requirements will be effective and govern all obligations and disputes that arise after the effective date of the final rule, i.e., September 4, 2012. Id. at 46,562. The statement of considerations thereafter provides an example regarding the impact of the rules changes on the fourteen-day mandatory discovery disclosure deadline under existing section 3.336(d), which (absent some other party agreement) is changed to a specified monthly due date. The agencys statement of considerations indicates that a monthly disclosure schedule consistent with the new language in section 2.336(d) is to take effect following the September 4 effective date of
the rule change. See id. These provisions of the agencys statement of considerations effectiveness account thus suggest that, absent some new Board order to the contrary reflecting an agreement of the participants or some other factor that provides an appropriate basis for establishing another time period, the final rules twenty-five-day time frame governing applicant and staff answers to a new/amended contention admission motion would govern in this proceeding.
Given there currently is no already-established briefing schedule that would be affected by this rule change, absent some request from the participants to the contrary submitted in accordance with the schedule established below for responding to this issuance, the Board will consider the twenty-five-day response time established by revised section 2.309(i)(1) for answers to motions to admit new/amended contentions as governing this proceeding going forward.*
If, after reviewing the recent modifications to the agencys rules of practice, any participant sees any other revision that it believes requires an additional scheduling change or In this regard, we also note that under another recent change embodied in section 2.309(j)(1), the period within which a licensing board is to make a decision on a motion to admit a new/amended contention is designated as forty-five days from either the filing of the movants reply or any prehearing conference regarding the motion, whichever is later. See 77 Fed. Reg. at 46,592. For scheduling purposes, we will utilize this revision as well.
some other Board action in this proceeding, it should bring the matter to the Boards attention in a response to this issuance that should be filed on or before Monday, August 20, 2012.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III CHAIR Rockville, Maryland August 8, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
UNION ELECTRIC COMPANY D/B/A AmerenUE )
)
) Docket No. 50-483-LR (Callaway Nuclear Power Plant, Unit 1) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Incorporating Revisions to the Rules of Practice) have been served upon the following persons by the Electronic Information Exchange.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket Atomic Safety and Licensing Board Panel E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Union Electric Company Washington, DC 20555-0001 Pillsbury Winthrop Shaw Pittman, LLP 2300 N. Street, NW G. Paul Bollwerk, III, Chair Washington, DC 20037-1122 Administrative Judge E-mail: paul.bollwerk@nrc.gov David R. Lewis, Esq.
Counsel for the Applicant William J. Froehlich E-mail: david.lewis@pillsburylaw.com Administrative Judge E-mail: william.froehlich@nrc.gov Dr. Nicholas G. Trikouros Administrative Judge E-mail: nicholas.trikouros@nrc.gov Matthew Flyntz, Law Clerk Email: matthew.flyntz@nrc.gov
Callaway Power Plant, Unit 1, Docket No. 50-483-LR MEMORANDUM AND ORDER (Incorporating Revisions to the Rules of Practice)
U.S. Nuclear Regulatory Commission Missouri Coalition for the Environment Office of the General Counsel Edward Smith, Safe Energy Director Mail Stop - O-15 D21 Diane Curran, Esq.
Washington, DC 20555-0001 Henry B. Robertson, Esq.
Edward Williamson, Esq. Email: showmenocwip@gmail.com Mary Spencer, Esq. dcurran@harmoncurran.com Catherine Kanatas, Esq. hrobertson@greatriverslaw.org Anita Ghosh, Esq.
Beth N. Mizuno, Esq.
Brian Newell, Paralegal Email: edward.williamson@nrc.gov mary.spencer@nrc.gov catherine.kanatas@nrc.gov anita.ghosh@nrc.gov beth.mizuno@nrc.gov brian.newell@nrc.gov OGG Mail Center: ogcmailcenter@nrc.gov
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 8th day of August, 2012 2