ML12221A277
| ML12221A277 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/08/2012 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-352-LR, 50-353-LR, ASLBP 12-916-04-LR-BD01, RAS 23261 | |
| Download: ML12221A277 (5) | |
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) August 8, 2012 ORDER (Suspending Procedural Date Related to Proposed Waste Confidence Contention)
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 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).
Resources Defense Council (NRDC) filed a petition to intervene and request for hearing on the Limerick application, setting forth four contentions.3 In an April 4, 2012 memorandum and order, the Board ruled that NRDC had standing to intervene in this proceeding.4 The Board admitted a narrowed version of Contention 1-E, challenging Exelons consideration of new and significant information regarding severe accident mitigation alternatives.5 On July 9, 2012 NRDC filed a Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Limerick.6 The Motion raised a new contention largely based on the June 8, 2012, decision of the United States Court of Appeals for the District of Columbia Circuit in State of New York v. NRC, 681 F.3d 471 (D.C. Cir. 2012). On August 2, 2012 the NRC Staff and Exelon filed Answers to the motion.7 NRDCs reply to these answers is currently due August 16, 2012.8 On August 7, 2012, however, the Commission issued CLI-12-16, which addressed many of the issues concerning temporary storage and ultimate disposal of nuclear waste raised by NRDC 3
Natural Resources Defense Council Petition to Intervene and Notice of Intention to Participate (Nov. 22, 2011).
4 LBP-12-08, 75 NRC __, __ (slip op. at 7) (Apr. 4, 2012).
5 See id. at 40.
6 Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste (July 9, 2012) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12191A408) (Motion) and Waste Confidence Contention (July 9, 2012) (ADAMS Accession No. ML12191A408) (Contention).
7 See NRC Staffs Response to NRDCs Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Limerick and NRDCs Waste Confidence Contention (Aug. 2, 2012); Exelons Answer Opposing NRDCs New Waste Confidence Contention (Aug. 2, 2012).
8 See Initial Scheduling Order (May 7, 2012) at 7 (unpublished) (granting Intervenors 14 days, rather than the standard seven days, to file a reply to answers to a motion to admit a new contention).
in this docket.9 The Commission, citing this proceeding10 and numerous other proceedings where similar contentions were filed, exercised its inherent supervisory authority over adjudications, and directed that these contentionsand any related contentions that may be filed in the near term be held in abeyance pending further Commission order.11 Given the Commissions direction in CLI-12-16 that the proceedings before the boards be held in abeyance, the August 16, 2012 deadline for any NRDC reply is suspended.12 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland August 8, 2012 9
See Calvert Cliffs Nuclear Project, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), CLI-12-16, 76 NRC __ (slip op.) (Aug. 7, 2012).
10 See id. at 5 n.10.
11 Id. at 6.
12 We note, however, that should the Commission send the waste confidence issue to the Board for decision, NRDC will be given an opportunity to file its reply. See id. at 5 (To the extent that the NRC takes action with respect to waste confidence on a case-by-case basis, litigants can challenge such site-specific agency actions in our adjudicatory process.).
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 ORDER (Suspending Procedural Date Related to Proposed Waste Confidence Contention) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk*.
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 U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Michael F. Kennedy Washington, DC 20555-0001 Administrative Judge Catherine Kanatas, Esq.
E-mail: michael.kennedy@nrc.gov Maxwell Smith, Esq.
Mary Spencer, Esq.
William E. Kastenberg Joseph Lindell, Esq.
Administrative Judge Edward Williamson, Esq.
E-mail: William.kastenberg@nrc.gov Brian Newell, Paralegal catherine.kanatas@nrc.gov Matthew Flyntz maxwell.smith@nrc.gov Law Clerk mary.spencer@nrc.gov E-mail: matthew.flyntz@nrc.gov joseph.lindell@nrc.gov edward.williamson@nrc.gov brian.newell@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-16C1 OGC Mail Center: OGCMailCenter@nrc.gov Washington, DC 20555-0001 OCAA Mail Center: ocaamail@nrc.gov
Limerick Generating Station, Units 1 and 2, Docket Nos. 50-362-LR and 50-363-LR ORDER (Suspending Procedural Date Related to Proposed Waste Confidence Contention)
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.
Edwin Villarico, Sr. Paralegal Exelon Generation Company, LLC Mary Freeze, Legal Secretary 4300 Warrenville Road apolonsky@morganlewis.com Warrenville, IL 60555 ksutton@morganlewis.com J. Bradley Fewell, Dep. General Counsel anna.jones@morganlewis.com bradley.fewell@exeloncorp.com lswett@morganlewis.com evillarico@morganlewis.com mfreeze@morganlewis.com Natural Resources Defense Council (NRDC) 1152 - 15th Street, N.W., #300 Washington, DC 20005 Morgan, Lewis & Bockius, LLP Geoffrey H. Fettus, Sr. Project Attorney 1701 Market Street gfettus@nrdc.org Philadelphia, PA 19103-2921 Brooke Leach, Esq.
bleach@morganlewis.com National Legal Scholars Law Firm, P.C.
241 Poverty Lane, Unit 1 Lebanon, New Hampshire 03766 Erich Pica, President*
Anthony Roisman, Managing Partner Friends of the Earth aroisman@nationallegalscholars.com 1100 15th Street, NW 11th Floor Washington, D.C. 20555 Email: mkeever@foe.org
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 8th day of August, 2012 2