ML13017A112

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G20120891 - Summary of 1/16/2013 Meeting with Petitioner 2.206 Petition, Richard Ayres, Friends of the Earth 11/16/12 Letter and 10 CFR 50.59 Review for the Replacement Steam Generators at San Onofre
ML13017A112
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 02/13/2013
From: Brian Benney
Division of Operating Reactor Licensing
To: Doug Broaddus
Division of Operating Reactor Licensing
Benney B
References
G20120891, TAC MF0060, TAC MF0061
Download: ML13017A112 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 13, 2013 MEMORANDUM TO: Douglas A. Broaddus, Chief SONGS Special Projects Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation FROM:

Brian Benney, Senior Project Manage SONGS Special Projects Branch Division of Operating Reactor Licensin Office of Nuclear Reactor Regulation

SUBJECT:

SUMMARY

OF JANUARY 16, 2013, MEETING WITH FRIENDS OF THE EARTH REGARDING ITS 10 CFR 2.206 PETITION REQUESTING ACTION AGAINST SOUTHERN CALIFORNIA EDISON (TAC NOS. MF0060 AND MF0061)

On January 16, 2013, a Category 3 public meeting was held between the U.S. Nuclear Regulatory Commission (NRC) and representatives of the Friends of the Earth at NRC Headquarters, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The meeting notice and agenda dated December 27, 2012, is available in the Agencywide Documents Access and Management System (ADAMS) at Accession No. ML13002A236. A list of attendees is provided in the Enclosure.

On November 8,2012, the NRC approved a Memorandum and Order (CLI-12-20) to address the intervention petition, where Friends of the Earth (FOE) argued that Southern California Edison (SCE) violated Title 10 of the Code of Federal Regulations (10 CFR) Section 50.59 when the steam generators for San Onofre Nuclear Generating Station, Units 2 and 3, were replaced in 2010 and 2011 without a license amendment. FOE requested a hearing on its 10 CFR 50.59 claim, and asked that its petition not be construed as a request for enforcement relief under 10 CFR 2.206. In a subsequent submittal, FOE stated that the 10 CFR 2.206 process was not a "viable alternative" for obtaining relief. The Commission disagreed and referred this portion of FOE's petition to the Executive Director for Operations (EDO) for consideration as a petition under 10 CFR 2.206. SCE provided a response to the petition on January 11, 2013, which is available in ADAMS at Accession No. ML13011A298. The purpose of the meeting was to provide the petitioner with an opportunity to address the NRC Petition Review Board (PRB).

As described in Management Directive 8.11, "Review Process for 10 CFR 2.206 Petitions," the petitioners are provided the opportunity to address the PRB in order to provide any relevant additional explanation and support for the petition in advance of the PRB's evaluation. FOE's slides are available in ADAMS at Accession No. ML13015A208. In addition, FOE stated that they planned to supplement their position. The meeting was recorded by the NRC's Operations Center and transcribed by a court reporter. The transcript is available in ADAMS at Accession

D. Broaddus

- 2 No. ML13029A643. The audio recording is available through the public document room with instructions for finding it in ADAMS at Accession No. ML13029A616.

Members of the public were in attendance. Public Meeting Feedback forms were not received prior to issuance of this summary.

Please direct any inquiries to me at 301-415-2767, or at Brian.Benney@nrc.gov.

Docket Nos. 50-361 and 50-362

Enclosure:

List of Attendees cc w/encl:

Richard Ayres, Counsel to Friends of the Earth Ayres Law Group 1707 L St., NW, Suite 850 Washington, D.C. 20036 Additional distribution via Listserv

LIST OF ATTENDEES 10 CFR 2.206 PETITION PUBLIC MEETING JANUARY 16, 2013 FRIENDS OF THE EARTH PRESENTATION BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION PETITION REVIEW BOARD Friends of the Earth (Petitioners)

Richard Ayres Arnie Gundersen Kendra Ulrich Kristin Gladd Jessica Olson Damon Moglen Sher Bahadur, NRR Brian Benney, NRR Art Howell, RIV David Beaulieu, NRR Molly Barkman Marsh, OGC Merilee Banic, NRR David Pelton, NRR Doug Broaddus, NRR Michael Rodriguez, NSIR NRC (By Phone)

Greg Werner (Region IV)

Public" Steve Lantz, SCE Representative "Due to the high volume of calls from the public, and time constraints, identification of all the participants was not feasible. Only the names of representatives from the licensees have been included in this list.

Enclosure

ML13017A112

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