ML12304A065
| ML12304A065 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 10/30/2012 |
| From: | Lodge T 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 23676, 50-346-LR, ASLBP 11-907-01-LR-BD01 | |
| Download: ML12304A065 (10) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
Docket No. 50-346-LR First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1) October 30, 2012
)
MOTION TO FILE INTERVENORS MOTION FOR RECONSIDERATION OF ASLB ORDER GRANTING FENOCS MOTION TO STRIKE NUNC PRO TUNC 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 Atomic Safety and Licensing Board to allow them to file the attached Intervenors Motion for Reconsideration of ASLB Order Granting FENOCs Motion to Strike Intervenors Reply in Opposition to FirstEnergys Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms) nunc pro tunc.
/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 MEMORANDUM IN SUPPORT On October 22, 2012, Intervenors timely attempted to file Intervenors Motion for Reconsideration of ASLB Order Granting FENOCs Motion to Strike Intervenors Reply in Opposition to FirstEnergys Motion for Summary Disposition of Contention 4 (SAMA Analysis
- Source Terms) (hereinafter Motion for Reconsideration) with the NRCs EIE system, but could not for the reason, they later learned, that certain JAVA settings were wrongly set. Shortly before the midnight, October 22, deadline, Intervenors sent copies of their Motion to the ASLB and parties, indicating that they were experiencing technical difficulty.
Intervenors have since cleared up the digital filing problem and proffer their request for reconsideration as attached to this Motion.
Contention 4 involving the Severe Accident Mitigation Analysis (SAMA) for the Davis-Besse Nuclear Power Station will be addressed at oral argument on November 5 and 6, 2012.
Neither FirstEnergy nor the NRC Staff will be prejudiced by the granting of this nunc pro tunc motion by the ASLB.
WHEREFORE, Intervenors pray the Atomic Safety and Licensing Board accept their Motion for Reconsideration for filing in the EIE system forthwith.
/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 )
Docket No. 50-346-LR First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1) October 30, 2012
. )
CERTIFICATE OF SERVICE We hereby certify that a copy of the MOTION TO FILE INTERVENORS MOTION FOR RECONSIDERATION OF ASLB ORDER GRANTING FENOCS MOTION TO STRIKE NUNC PRO TUNC was sent by me to the following persons via electronic deposit filing with the Commissions EIE system on the 30th day of October, 2012:
Administrative Judge E-mail: hearingdocket@nrc.gov William J. Froehlich, Chair Atomic Safety and Licensing Board Panel Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop O-15D21 E-mail: wjf1@nrc.gov Washington, DC 20555-0001 Catherine Kanatas Administrative Judge catherine.kanatas@nrc.gov Dr. William E. Kastenberg Brian G. Harris Atomic Safety and Licensing Board Panel E-mail: Brian.Harris@nrc.gov U.S. Nuclear Regulatory Commission Lloyd B. Subin Washington, DC 20555-0001 lloyd.subin@nrc.gov E-mail: wek1@nrc.gov Office of Commission Appellate Administrative Judge Adjudication Nicholas G. Trikouros U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: ngt@nrc.gov Michael Keegan Office of the Secretary Dont Waste Michigan U.S. Nuclear Regulatory Commission 811 Harrison Street Rulemakings and Adjudications Staff Monroe, MI 48161 Washington, DC 20555-0001 E-mail: mkeeganj@comcast.net Stephen J. Burdick Timothy Matthews, Esq.
Morgan, Lewis & Bockius LLP Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W. 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Washington, DC 20004 Phone: 202-739-5059 Phone: (202) 739-5830 Fax: 202-739-3001 Fax: (202) 739-3001 E-mail: sburdick@morganlewis.com 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 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
Docket No. 50-346-LR First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1) October 30, 2012
)
INTERVENORS MOTION FOR RECONSIDERATION OF ASLB ORDER GRANTING FENOCS MOTION TO STRIKE INTERVENORS REPLY IN OPPOSITION TO FIRSTENERGYS MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 4 (SAMA ANALYSIS - SOURCE TERMS)
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 Atomic Safety and Licensing Board to reconsider its October 11, 2012 Order (Granting Motion to Strike), ASLBP No. 11-907-01-LR-BD01, by which the ASLB granted FENOCs Motion to Strike Intervenors Reply in Opposition to FirstEnergys Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms). In entering its October 11 decision, the ASLB made a clear and material error which could not have been reasonably anticipated and which renders the decision invalid.
/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 MEMORANDUM IN SUPPORT In its October 11, 2012 Order, the ASLB found (p. 6) that Contention 4, as limited by this Board and the Commission, challenges only the MAAP code generated source terms used by FENOC in performing its SAMA analysis. This was then used as the basis upon which the Board excluded the entirety of Intervenors opposition to summary disposition of Contention 4 as irrelevant.
But Intervenors in their summary disposition opposition did, indeed, challenge the MAAP code-generated source terms used by FENOC. In ¶ 47 of its Statement of Material Facts, FENOC asserts the MAAP4 program has been benchmarked against Three Mile Island and other severe accident studies. Intervenors pointed out in their opposition to summary disposition (and in their response to the Motion to Strike at p. 5) that the scenarios of a fatally-cracked and compromised shield building and corroded containment shell were not addressed in the course of that bench-marking. At ¶ 49 of its Statement of Material Facts, FENOC asserts that If inputs and assump-tions are appropriate for the computer model, and sources of uncertainty are understood, then the results of that code may be accepted by a reviewer or regulator for purposes of the application.
In response, Intervenors contended on summary disposition (and in their response to the Motion to Strike at p. 6) that the inputs and assumptions for the Davis-Besse SAMA are inappropriate, leaving the sources of uncertainty to be poorly understood. At ¶¶ 53 and 54 of the Statement of Material Facts, FirstEnergy distinguishes between the source terms describing radioactivity which is contained, from those terms describing radiation leakage into the outer environment.
But those terms did not encompass a cracked and compromised shield building nor a corroded steel containment, the true state of the passive containment systems at Davis-Besse.
Aspirationally, FENOCs experts opined in support of summary disposition that the methodology used to develop source terms for a SAMA analysis must account for plant-unique conditions, plant design, support system dependencies, plant maintenance and operating procedures, operator training, and the interdependencies among these factors that can influence the core damage frequency (CDF) estimate for a specific plant,1 But key plant-unique facts were omitted from the methodology used to develop source terms. This created a garbage-in, garbage-out scenario in Davis-Besses MAAP source term output. The MAAP code could only produce results as good as the factual assumptions underlying it.
The assumed facts for MAAP calculation underestimated the true cost of a severe acci-dent at Davis-Besse. They prompted grossly underestimated radionuclide fractions which would be released in the event of a shield building failure which did not incorporate the passive equipment failures of the shield building and the steel containment shell which were predicted by NRC staff engineers. Contrary to the ASLBs holding, the Intervenors did challenge . . . the MAAP code generated source terms used by FENOC in performing its SAMA analysis. Inter-venors challenged the input data inserted into the MAAP program from which source terms were derived. The Commission held in the Pilgrim case that where there is no distinction between specific input data entered into the MACCS2 code and specific models embedded in the code (such as the atmospheric dispersion model), . . . there easily may be an overlap between arguments challenging the sufficiency of input data used and challenging the model used, if the model does not require, allow for, or otherwise take into account particular types of data.
(Emphasis in original). Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station), CLI-1 Joint Declaration of Kevin OKula and Grant Teagarden in Support of FirstEnergys Motion for Summary Disposition of Intevenors Contention 4 (SAMA Analysis Source Terms) (OKula/Tea-garden Decl., Attachment 2 to FENOCs MSD) ¶ 49.
10-11, 14-15, 71 NRC 287, 309 (2010).
Intervenors challenged the sufficiency of input data used in the MAAP model since that model did not account for the shield building cracking and containment structure corrosion.
FENOC extensively discussed the genesis and preferred content requirements of its MAAP data; Intervenors then responded by properly critiquing FENOCs lack of faithfulness to its ostensible standard, meeting FENOCs admirable avidity with the gritty facts at the plant. Accordingly, the facts and arguments raised by Intervenors in opposition to summary disposition of Contention No. 4 should not have been stricken. They should now be fully considered and in the Boards forthcoming decision on FENOCs motion.
Conclusion A properly supported motion for reconsideration must identify errors or deficiencies in the presiding officers determination indicating the questioned ruling overlooked or misappre-hended some legal principle or decision that should have controlling effect. Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-00-31, 52 NRC 340, 342 (2000).
WHEREFORE, Intervenors pray the Atomic Safety and Licensing Board reconsider its October 11, 2012 Order and upon reconsideration, that it reverse that Order and restore Interve-nors facts and arguments to the record for inclusion in deliberations over the dispositional ruling.
/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 )
Docket No. 50-346-LR First Energy Nuclear Operating Company )
(Davis-Besse Nuclear Power Station, Unit 1) October 30, 2012
. )
CERTIFICATE OF SERVICE We hereby certify that a copy of the INTERVENORS MOTION FOR RECONSIDER-ATION OF ASLB ORDER GRANTING FENOCS MOTION TO STRIKE INTERVENORS REPLY IN OPPOSITION TO FIRSTENERGYS MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 4 (SAMA ANALYSIS - SOURCE TERMS) was sent by me to the following persons via electronic deposit filing with the Commissions EIE system on the 30th day of October, 2012:
Administrative Judge Rulemakings and Adjudications Staff William J. Froehlich, Chair Washington, DC 20555-0001 Atomic Safety and Licensing Board Panel E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the General Counsel E-mail: wjf1@nrc.gov U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Administrative Judge Washington, DC 20555-0001 Dr. William E. Kastenberg Catherine Kanatas Atomic Safety and Licensing Board Panel catherine.kanatas@nrc.gov U.S. Nuclear Regulatory Commission Brian G. Harris Washington, DC 20555-0001 E-mail: Brian.Harris@nrc.gov E-mail: wek1@nrc.gov Lloyd B. Subin lloyd.subin@nrc.gov Administrative Judge Nicholas G. Trikouros Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop: O-16C1 E-mail: ngt@nrc.gov Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Office of the Secretary U.S. Nuclear Regulatory Commission Michael Keegan Dont Waste Michigan E-mail: sburdick@morganlewis.com 811 Harrison Street Monroe, MI 48161 Timothy Matthews, Esq.
E-mail: mkeeganj@comcast.net Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Stephen J. Burdick Washington, DC 20004 Morgan, Lewis & Bockius LLP Phone: (202) 739-5830 1111 Pennsylvania Avenue, N.W. Fax: (202) 739-3001 Washington, D.C. 20004 E-mail: tmatthews@morganlewis.com Phone: 202-739-5059 Fax: 202-739-3001 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