ML12356A241
| ML12356A241 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 12/21/2012 |
| From: | Hawkens E Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 23926, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01 | |
| Download: ML12356A241 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
E. Roy Hawkens, Chairman Dr. Anthony J. Baratta Dr. Gary S. Arnold In the Matter of SOUTHERN CALIFORNIA EDISON CO.
(San Onofre Nuclear Generating Station, Units 2 and 3)
Docket Nos. 50-361-CAL, 50-362-CAL ASLBP No. 13-924-01-CAL-BD01 December 21, 2012 ORDER (Directing Parties to Brief Additional Issue)
On November 8, 2012, the Commission in CLI-12-20 referred to the Atomic Safety and Licensing Board Panel a portion of the June 18, 2012 intervention petition filed by Friends of the Earth (Petitioner) challenging a Confirmatory Action Letter (CAL) issued by the NRC to Southern California Edison Company (SCE) on March 27, 2012. See CLI-12-20, slip op. at 5.1 On December 7, 2012, we issued an Order that included, inter alia, a list of questions and topic areas that shall be addressed in the parties briefs to the Board.2 The instant Order provides an additional topic area that the parties shall address in their briefs.3 1 The issues referred by the Commission were (1) whether the CAL issued to SCE constitutes a de facto license amendment that would be subject to a hearing opportunity, and (2) whether Petitioners hearing request meets the agencys standing and contention admissibility requirements. See CLI-12-20, slip op at 5.
2 See Licensing Board Order (Conference Call Summary and Directives Relating to Briefing)
(Dec. 7, 2012) at 6-7 (unpublished).
3 The briefing schedule established in our December 20, 2012 Order remains unchanged. See Licensing Board Order (Granting in Part and Denying in Part Petitioners Motion for Clarification and Extension) (Dec. 20, 2012) at 5 (unpublished).
2 ADDITIONAL ISSUE TO BE BRIEFED The parties briefs shall also address the following topic area:
Board Question (ix): Section 3.5 of the Enforcement Manual (ML102630150) describes CALs as letters issued to licensees or, if appropriate, to non-licensees subject to the [NRCs] jurisdiction to emphasize and confirm a licensee's or vendor's agreement to take certain actions in response to specific issues. This section of the Enforcement Manual continues to describe the process for tracking a CAL (see section 3.5.3) and closing out a CAL (see section 3.5.8).
These cited sections suggest that a CAL is not a discrete event occurring in a snapshot of time or consisting of a single piece of correspondence. Rather, these sections suggest that a CAL is a dynamic, ongoing process consisting of actions taken by a licensee that are, in turn, reviewed by the NRC Staff. Here, such actions include SCE determining the causes of tube-to-tube interactions and implementing actions to prevent recurrence, establishing a protocol of inspections and/or operational limits for Units 2 and 3 to minimize tube degradation, and providing the NRC Staff with an assessment of Units 2 and 3 that includes an explanation for SCEs conclusion that there is reasonable assurance that these units will operate safely. See CAL at 2-3. Further, it appears that the CAL process will continue until the NRC Staff has (1) reviewed SCEs actions and the results of its evaluations, and (2) advised SCE in writing that the NRC Staff has concluded that Units 2 and 3 can be operated without undue risk to public health and safety, and the environment. See id. at 3.
In light of the aforementioned sections of the Enforcement Manual, please provide your views of the meaning of the CAL as relevant to the issues in this case, citing case law where appropriate.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Issued at Rockville, Maryland this 21st day of December 2012.
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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SOUTHERN CALIFORNIA EDISON CO.
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Docket Nos. 50-361-CAL (San Onofre Nuclear Generating Station - ) 50-362-CAL Units 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Directing Parties to Brief Additional Issue) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk*.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 E. Roy Hawkens Chief Administrative Judge E-mail: roy.hawkens@nrc.gov Anthony J. Baratta Administrative Judge Email: anthony.baratta@nrc.gov Gary S. Arnold Administrative Judge Email: gary.arnold@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov Southern California Edison Company Douglas Porter, Esq.*
Director and Managing Attorney Generation Policy and Resources Law Department 2244 Walnut Grove Ave., GO1, Q3B, 335C Rosemead, CA 91770 Email: douglas.porter@sce.com Counsel for Licensee Morgan, Lewis & Bockius, LLP 1111 Pennsylvania, Ave. N.W.
Washington, D.C. 20004 Paul M. Bessette, Esq.
Kathryn M. Sutton, Esq.
Stephen J. Burdick, Esq.
Steven P. Frantz, Esq.
William E. Baer, Jr.*
Mary Freeze, Legal Secretary Lena M. Long, Legal Secretary E-mail: pbessette@morganlewis.com sburdick@morganlewis.com ksutton@morganlewis.com wbaer@morganlewis.com sfrantz@morganlewis.com mfreeze@morganlewis.com llong@morganlewis.com
San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-361 and 50-362-CAL ORDER (Directing Parties to Brief Additional Issue) 2 U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001 Edward Williamson, Esq.
David Roth, Esq.
Catherine Kanatas, Esq.
David Cylkowski, Esq.
Email: edward.williamson@nrc.gov david.roth@nrc.gov catherine.kanatas@nrc.gov david.cylkowski@nrc.gov OGG Mail Center: ogcmailcenter@nrc.gov Friends of the Earth Ayres Law Group 1707 L St., NW Suite 850 Washington, D.C. 20036 Richard E. Ayres, Esq.
Jessica L. Olson, Esq.
Kristin L. Hines, Esq.
Email: ayresr@ayreslawgroup.com olsonj@ayreslawgroup.com hinesk@ayreslawgroup.com Natural Resources Defense Council Geoffrey H. Fettus, Esq.
1152 15th Street, NW Suite 300 Washington, DC 20005 Email: gfettus@nrdc.org
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 21st day of December, 2012