ML13176A317

Tennessee Valley Authority'S Notice Regarding Changes to NRC Rules

ML13176A317
Person / Time
Site:	Sequoyah
Issue date:	06/25/2013
From:	Doris Lewis Pillsbury, Winthrop, Shaw, Pittman, LLP, Tennessee Valley Authority
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 24717, 50-327-LR, 50-328-LR, ASLBP 13-927-01-LR-BD01
Download: ML13176A317 (3)

Text

June 25, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket Nos. 50-327-LR TENNESSEE VALLEY AUTHORITY ) 50-328-LR

) ASLBP No. 13-927-01-LR-BD01 (Sequoyah Nuclear Plant, Units 1 and 2) )

TENNESSEE VALLEY AUTHORITYS NOTICE REGARDING CHANGES TO NRC RULES The Tennessee Valley Authority (TVA) provides this notice to inform the Atomic Safety and Licensing Board and participants in this proceeding of recent changes in the NRC regulations affecting one of the arguments advanced in Tennessee Valley Authoritys Answer Opposing the Petition for Leave to Intervene and Request for Hearing by the Blue Ridge Environmental Defense League, et al. (May 31, 2013) (TVA Answer). On June 20, 2013, the Commission published a final rule on Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating Licenses, which will become effective on July 22, 2013. 78 Fed.

Reg. 37,282 (June 20, 2013). The changes made as part of this final rule include narrowing the Category 1 issue on Onsite Storage of Spent Nuclear Fuel to apply only to the period of storage during the license renewal term, and changing the previous Category 1 issue on Offsite Radiological Impacts of Spent Nuclear Fuel and High Level Waste Disposal to an uncategorized issue. See 78 Fed. Reg. at 37,292-93.1 As a result, when this final rule becomes effective, Contention B (to the extent it seeks to raise waste confidence issues) will no longer 1

These two changes were not included in the proposed rule that was published in 2009 (see 74 Fed. Reg. 38,117, 38,127 (July 31,2009), but were made in the final rule because of the decision of the U.S. Court of Appeals for the District of Columbia Circuit in New York v. NRC, 681 F.3d 471 (D.C. Cir. 2012), which vacated the Waste Confidence Rule,

constitute an impermissible challenge to a Category 1 issue, as previously argued in TVAs Answer at 18-19.

These rule changes do not affect TVAs other arguments concerning the inadmissibility of Contention B. In particular, bearing on TVAs argument that Contention B is inadmissible as an issue currently being addressed by rulemaking (TVAs Answer at 20), the Supplementary Information published with the final rule refers to the waste confidence rulemaking and states:

Upon issuance of the generic EIS [to support a revised Waste Confidence Decision and Rule] and revised Waste Confidence Rule, the NRC will make any necessary conforming amendments to this rule. As referenced previously, the Commission will not approve any license renewal application for an operating nuclear power plant until the issues identified in the courts decision are appropriately addressed by the Commission.

78 Fed. Reg. at 37,293.

Respectfully Submitted,

/Signed electronically by David R. Lewis/

Edward J. Vigluicci, Esq. David R. Lewis Scott A. Vance, Esq. Michael G. Lepre Blake J. Nelson, Esq. PILLSBURY WINTHROP SHAW PITTMAN LLP Office of the General Counsel 2300 N Street, NW Tennessee Valley Authority Washington, DC 20037-1128 400 W. Summit Hill Drive, WT 6A-K Tel. (202) 663-8474 Knoxville, TN 37902 Phone: 865-632-7317 Co-Counsel for TVA Counsel for TVA Dated: June 25, 2013 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket Nos. 50-327-LR TENNESSEE VALLEY AUTHORITY ) 50-328-LR

) ASLBP No. 13-927-01-LR-BD01 (Sequoyah Nuclear Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that the foregoing Tennessee Valley Authoritys Notice Regarding Changes to NRC Rules has been served through the E-Filing system on the participants in the above-captioned proceeding, this 25th day of June 2013.

/Signed electronically by/

David R. Lewis