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Category:Legal-Motion
MONTHYEARML15251A6782015-09-0404 September 2015
Motion for Leave to Intervene by First Energy Nuclear Operating Company
ML15132A5152015-05-12012 May 2015
Certificate of Service of Beyond Nuclear Reply to Oppositions to Motion to Admit New Contention
ML15128A2912015-05-0808 May 2015
Beyond Nuclear'S Motion to Amend Nepa Placeholder Contention in License Renewal Proceeding for Davis-Besse Nuclear Power Plant
ML15132A1972015-05-0808 May 2015
Certificate of Service for Beyond Nuclear'S Motion to Amend NEPA Placeholder Contention, Filed May 8, 2015
ML15128A2982015-05-0808 May 2015
Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions
ML15112B2012015-04-22022 April 2015
Beyond Nuclear'S Hearing Request and Motion to Intervene
ML15112B1992015-04-22022 April 2015
Beyond Nuclear Motion to Reopen Record of License Renewal Proceeding
ML15112B2022015-04-22022 April 2015
Standing Declaration of Victoria Clemons
ML15065A2222015-03-0606 March 2015
FENOC Motion for Clarification Regarding Termination of Proceeding
ML14364A4052014-12-30030 December 2014
Intervenors' Second Motion to Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate Amps in Shield Building Monitoring Program
ML14335A7802014-12-0101 December 2014
Joint Proposed Corrections to the Transcript of the Oral Argument Held on November 12, 2014
ML14315A0492014-11-11011 November 2014
Notice of Filing of Riley Email (Exhibit a to Contention No. 7)
ML14311A9892014-11-0707 November 2014
Petitioners and Intervenors Consolidated Reply to Answers to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit a New Contention, and Motions to Reopen the Record
ML14255A0302014-09-12012 September 2014
Erratum to Intervenors' Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Monitoring Program
ML14252A8982014-09-0909 September 2014
Unopposed Motion to Establish Consolidated Briefing Schedule for Proposed Contention 7 Admissibility Filings
ML14251A6092014-09-0808 September 2014
Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program
ML14245A6562014-09-0202 September 2014
Intervenors' Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate Amps in Shield Building Monitoring Program
ML14144A0002014-05-23023 May 2014
Intervenors' Reply in Support of Motion for Admission of Contention No. 6 on Shield Building Concrete Void, Cracking and Broken Rebar Problems
ML14112A0072014-04-21021 April 2014
Motion for Admission of Contention No. 6 on Shield Building Concrete Void, Cracking and Broken Rebar Problems
ML14112A0082014-04-15015 April 2014
Exhibit 7 - Request for Additional Information (Rai), April 15, 2014
ML14113A0012014-04-14014 April 2014
Exhibit 3 - Declaration of Victoria Clemons
ML14058A6822014-02-27027 February 2014
Certificate of Service of Petition to Suspend
ML14058A6832014-02-27027 February 2014
Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures
ML14112A0092014-02-19019 February 2014
Exhibit 1 - Preliminary Notice of Event or Occurrence, February 19, 2014
ML14112A0032014-02-15015 February 2014
Exhibit 2 - Toledo Blade Article, Davis-Besse Had Air Gap in Shield Building, February 15, 2014
ML13277A7252013-10-0303 October 2013
Intervenors' Memorandum in Opposition to 'Fenoc'S Petition for Certification of Waste Confidence-Related Question to the Commission Pursuant to 10CFR2.323(f)(2).'
ML13266A4322013-09-23023 September 2013
Fenoc'S Petition for Certification of Waste Confidence-Related Question to the Commission Pursuant to 10 C.F.R. Section 2.32.(f)(2)
ML14112A0042013-09-20020 September 2013
Exhibit 6 - Preliminary Notice of Event or Occurrence, September 20, 2013
ML13192A2842013-07-11011 July 2013
Firstenergy Nuclear Operating Company'S Answer Supporting the NRC Staff'S Motion to Strike Portions of Petitioners Reply
ML13192A5052013-07-11011 July 2013
Petitioners' Reply in Opposition to NRC Staff Motion to Strike
ML13190A2162013-07-0808 July 2013
Petitioners' Reply in Opposition to FENOC 'Motion to Strike'
ML13182A4792013-07-0101 July 2013
NRC Staff Motion to Strike Portions of Joint Petitioners Reply or, in the Alternative, for Leave to Reply
ML13179A4032013-06-28028 June 2013
Firstenergy Nuclear Operating Company'S Motion to Strike Portions of Petitioners' Reply
ML13173A0012013-06-21021 June 2013
Petitioners' Reply in Support of Petition to Intervene and for an Adjudicatory Public Hearing of FENOC License Amendment Request
ML14112A0062013-05-20020 May 2013
Exhibit 8 - Expert Witness Report of Arnold Gundersen, 50-246-LA
ML12334A2602012-11-29029 November 2012
Joint Proposed Corrections to the Transcript of the Oral Argument Held on November 5-6, 2012
ML12304A0652012-10-30030 October 2012
Motion to File Intervenors' Motion for Reconsideration of ASLB Order Granting Fenoc'S Motion to Strike Nunc Pro Tunc
ML12297A3532012-10-22022 October 2012
Intervenors' Motion for Reconsideration of ASLB Order Granting Fenoc'S Motion to Strike Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis-Source Terms)
ML12278A0402012-10-0404 October 2012
Intervenors' Response in Opposition to Fenoc'S Motion to Strike 'Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms).'
ML12268A3762012-09-24024 September 2012
Fenoc'S Motion to Strike Intervenors' Reply in Opposition to Firstenergy'S Motion for Summary Disposition of Contention 4 (SAMA Analysis - Source Terms).
ML12258A7772012-09-14014 September 2012
Intervenors' Reply in Opposition to 'Firstenergy'S Motion for Summary Disposition of Contention 4 (Sama Analysis - Source Terms).'
ML12237B1972012-08-24024 August 2012
Intervenors' Combined Reply to NRC and FENOC Answers to Inervenors' Third and Fourth Motions to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking)
Information Notice 2010-12, Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Contain2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
Information Notice 2010-12, Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notic2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
Information Notice 2010-12, Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Con2012-08-17017 August 2012
Intervenors' Fifth Motion to Amend and/or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-51 Through B-53); Turkey Point Event Report; NRC Information Notice 2010-12: Containment Liner Cor
ML12230A0032012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-49 Through B-50)
ML12230A0022012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-44 Through B-48)
ML12230A0012012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Responses (B-39 Through B-43)
ML12230A0002012-08-17017 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix VI: NRC FOIA Response (B-33 Through B-38)
ML12229A5872012-08-16016 August 2012
Intervenors' Fifth Motion to Amend And/Or Supplement Proposed Contention No. 5 (Shield Building Cracking). Appendix III: NRC FOIA Responses (B-24 Through B-26)
2015-09-04
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-346-LA FIRSTENERGY NUCLEAR OPERATING )
COMPANY )
) July 11, 2013 (Davis-Besse Nuclear Power Station, Unit 1) )
)
FIRSTENERGY NUCLEAR OPERATING COMPANYS ANSWER SUPPORTING THE NRC STAFFS MOTION TO STRIKE PORTIONS OF PETITIONERS REPLY In accordance with 10 C.F.R. § 2.323(c), FirstEnergy Nuclear Operating Company (FENOC) files this Answer supporting the Nuclear Regulatory Commission (NRC) Staffs July 1, 2013 Motion to Strike Portions of Joint Petitioners Reply or, in the Alternative, for Leave to Reply (Staff Motion). The Staff Motion requested that the Atomic Safety and Licensing Board (Board) strike portions of Petitioners Reply in Support of Petition to Intervene and for an Adjudicatory Public Hearing of FENOC License Amendment Request1 (Reply), dated June 21, 2013, for raising new arguments not within the scope of the Petitioners May 20, 2013 Petition to Intervene and for an Adjudicatory Public Hearing of FENOC License Amendment Request (Petition) and that do not satisfy the late-filing requirements in 10 C.F.R. § 2.309(c).2 Alternatively, the Staff moved for leave to respond to the new arguments, and provided its response in the Staff Motion.3 1
The Petitioners are Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Dont Waste Michigan, and the Ohio Sierra Club.
2 Staff Motion at 1.
3 Id. at 1, 10-12.
FENOC supports the Staffs request to strike portions of the Reply. The Staff Motion is generally consistent with FENOCs June 28, 2013 Motion to Strike Portions of Petitioners Reply (FENOC Motion). The FENOC Motion identifies a few additional parts of the Reply to be stricken that are not identified in the Staff Motion (i.e., Reply footnote 2, the first paragraph of Reply Section I.C, and Reply Section III).4 FENOC concludes that those parts also should be stricken for the reasons provided in the FENOC Motion.
FENOC also supports the Staffs request for leave to respond to the new arguments in the Reply.5 In particular, the Staff demonstrates that the new arguments raised by Petitioners do not support their standing or the admissibility of their single proposed contention in this proceeding.6 FENOC agrees with the Staffs arguments. Other arguments not raised by the Staff also support rejecting the new arguments raised by Petitioners in their Reply. As FENOC requested in the FENOC Motion, if the Board decides to consider the new arguments and references contained in the Reply, then FENOC requests an opportunity to respond to the new information in writing or during the oral argument.7 For the foregoing reasons, FENOC supports the Staff Motion and the Board should strike the new arguments impermissibly provided in Petitioners Reply, or should reject those arguments for the substantive reasons provided by the Staff.8 4
See FENOC Motion at 5-7.
5 See Staff Motion at 10-12.
6 See id.
7 FENOC Motion at 2.
8 FENOC also would like to clarify one statement in the Staff Motion. The Staff stated: FENOC indicates that the separate plant design change resulting from the removal of the original SGs and the installation of the replacement SGs is being pursued under 10 C.F.R. § 50.59 without the need for prior NRC approval. Staff Motion at 2. While the Staff is correct that the replacement of the Davis-Besse steam generators is being performed as a design modification in accordance with the provisions of 10 C.F.R. § 50.59, and approval of the modification was not requested as part of the January 18, 2013 License Amendment Request, FENOC has not completed its entire 50.59 review to determine if any further NRC approval is needed. As explained in FENOCs answer to the Petition, FENOC does not anticipate that any additional license amendments will be needed, but the 50.59 review cannot be completed until the analyses and manufacturing of the replacement 2
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
Timothy P. Matthews Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Phone: 202-739-5527 E-mail: tmatthews@morganlewis.com David W. Jenkins Senior Corporate Counsel II FirstEnergy Service Company Mailstop: A-GO-15 76 South Main Street Akron, OH 44308 Phone: 330-384-5037 E-mail: djenkins@firstenergycorp.com Counsel for FirstEnergy Nuclear Operating Company Dated in Washington, DC this 11th day of July 2013 steam generators are complete. If the 50.59 review process determines that an additional license amendment is necessary for the replacement of the steam generators, FENOC will seek one at that time . . . . FirstEnergy Nuclear Operating Companys Answer Opposing Petition to Intervene and Request for Hearing Regarding Technical Specification License Amendment Request at 23 (June 14, 2013).
3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-346-LA FIRSTENERGY NUCLEAR OPERATING )
COMPANY )
) July 11, 2013 (Davis-Besse Nuclear Power Station, Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of FirstEnergy Nuclear Operating Companys Answer Supporting the NRC Staffs Motion to Strike Portions of Petitioners Reply was filed through the E-Filing system.
Signed (electronically) by Stephen J. Burdick Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Phone: 202-739-5059 Fax: 202-739-3001 E-mail: sburdick@morganlewis.com Counsel for FirstEnergy Nuclear Operating Company DB1/ 74890140.1
