ML13164A327

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G20130456/LTR-13-0518 Richard Ayres, Counsel for Friends of the Earth, Letter/E-mail Request to Withdrawal of Proposed Approval of License Amendment Request No. 263 - San Onofre Nuclear Generating Station
ML13164A327
Person / Time
Site: San Onofre Southern California Edison icon.png
Issue date: 06/11/2013
From: Ayres R, Olsen J
Ayres Law Group, Friends of the Earth
To: Macfarlane A
NRC/Chairman
Shared Package
ML13164A328 List:
References
G20130456, LTR-13-0518
Download: ML13164A327 (4)


Text

ETS AU.SNRC Protecting Ptopk and lte nvironment Ticket No: G20130456 2815 Assigned Office: NRR Other Assignees:

OEDO Due Date: 07/11/2013 SECY Due Date: 07/15/2013 Date Response Requested by Originator:

Other Parties:

Subject:

Request for Withdrawal of Proposed Approval of License Amendment Request No. 263 -

San Onofre Nuclear Generating Station

==

Description:==

CC Routing:

ADAMS Accession Numbers - Incoming: ML13164A327 Response I Package: ML13164A328 Cross Reference No: LAR No. 263, LTR-13-0518 SRM\\Other: No Action Type: Letter Signature Level: NRR Special Instructions:

OEDO Concurrence: No OCM Concurrence: No OCA Concurrence: No 3,

Originator Name: Richard Ayres Originator Org: Ayres Law Group Addressee: Chairman Macfarlane Incoming Task: Letter Date of Incoming: 06/11/2013 Document Received by OEDO Date: 06/13/2013 OEDO POC: Dan Merzke

Joosten, Sandy From:

Sent:

To:

Cc:

Subject:

Attachments:

Dear Chair Macfarlane-Jessica L. Olson <olsonj@ayreslawgroup.com>

Tuesday, June 11, 2013 11:45 AM CHAIRMAN Resource Benney, Brian; CMRSVINICKI Resource; CMRAPOSTOLAKIS Resource; CMRMAGWOOD Resource; CMROSTENDORFF Resource; OCAAMAIL Resource; MDOANE@nrc.gov Letter regarding San Onofre License Amendment Request No. 263 13-06-11 FoE Letter to Comm.pdf; ATI00002.htm Please find attached a letter from Friends of the Earth requesting Commission action on license amendment request number 263 for the San Onofre Nuclear Generating Station Unit 2 in light of a recent announcement by Southern California Edison Company to retire the plant.

Regards, Jessica Olson Counsel for Friends of the Earth 1

June 11,2013 Honorable Allison Macfarlane, Chair United States Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike, Sixteenth Floor Rockville, MD 20852 Re: Request for Withdrawal of Proposed Approval ofLicense Amendment Request(LAR) No.

263 or, Alternatively, Tolling Indefinitely the Deadline for Hearing Requests and Petitions to Intervene in LAR No. 263 for San Onofre Nuclear Generating Station, Unit 2.

Dear Chair Macfarlane:

On Friday, June 7, 2013, the Southern California Edison Company ("Edison") announced its intention not to seek restart of San Onofre Nuclear Generating Station Unit 2. 1 In light of this announcement, Friends of the Earth (FoE) requests that the Nuclear Regulatory Commission (NRC) withdraw its proposed approval of license amendment request (LAR) No. 263 or, alternatively, toll indefinitely the deadline for hearing requests and petitions to intervene in the LAR for San Onofre Unit 2, published on Aprill6, 2013.2 The notice proposes to fmd that Edison's request to modiry its license to allow operation at no greater than 70 percent rated thermal power for the duration of Cycle 1*7 poses no significant safety hazard<; consideration and thus may be approved before any requested public adjudicatory hearing. Petitions for leave to intervene and requests for a hearing are currently required to be filed not later than 60 days from publication of the notice (June 17, 2013).

Edison's recent announcement it will retire the plant makes LAR 263 and any attendant hearing deadlines moot. A licensee who does not plan to operate a plant need not amend its operating license on the verge of decommissioning. Friends of the Earth therefore submits that Staffs proposed approval ofLAR 263, and accompanying no sign{ficant hazards consideration determination, be withdrawn and that the deadline for hearing requests and intervention be tolled 1 Press Release, Southern California Edison Company, Southern California Edison Announces Plans to Retire San Onofre Nuclear Generating Station (June 7, 2013), at https://scripps-cms.endplay.com/

documents/! 093 3/0/SCE +statement+on+San+Onofre/24 329b 7 c-f122-4ade-980d-07 c65e2602a4.

2 Application and Amendment to Facility Operating License Involving Proposed No Significant Hazards Con~ideration Determination; San Onofre Nuclear Generating Station, Unit 2, 78 Fed. Reg. 22576 (April16, 2013).

1707 L Street, N.W

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indefinitely, and not just for Friends of the Earth, but for any member of the public that might assert hearing rights.

In the event that the Commission chooses not to withdraw its proposed approval of LAR 263 at this time, tolling the deadline for hearing requests and petitions to intervene will preserve the status quo and avoid potentially wasted resources preparing filings that may be unnecessary once Edison has given the Commission formal notification of its intentions.

Given that Edison's announcement came ten days before such requests and petitions are due, we ask that the Commission act expeditiously to honor this request.

Sincerely, Cc:

Members of the Commission Brian Benney, Office ofNuclear Reactor Regulation 2