ML13196A355

Southern Alliance for Clean Energy'S Unopposed Motion to Withdraw Contention 7

ML13196A355
Person / Time
Site:	Watts Bar
Issue date:	07/15/2013
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Southern Alliance for Clean Energy
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-391-OL, ASLBP 09-893-01-OL-BD01, RAS 24820
Download: ML13196A355 (3)

Text

July 15, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) Docket No. 50-391 Tennessee Valley Authority )

)

(Watts Bar Unit 2) )

___________________________________ )

SOUTHERN ALLIANCE FOR CLEAN ENERGYS UNOPPOSED MOTION TO WITHDRAW CONTENTION 7 Pursuant to 10 C.F.R. § 2.323, Southern Alliance for Clean Energy (SACE) hereby moves to withdraw Contention 7. SACE seeks leave to withdraw the contention because the Final Environmental Impact Statement (FEIS)1 recently issued by the U.S. Nuclear Regulatory Commission (NRC) Staff confirms the primary concerns raised by SACE regarding the adequacy of the Tennessee Valley Authoritys (TVAs) Final Supplemental Environmental Impact Statement (2007) (FSEIS) to address aquatic impacts. The NRC has rejected TVAs characterization of the Tennessee River as a healthy reservoir, and has also rejected TVAs approach of quantitatively measuring the health of the river by assessing the health of reservoir fish rather than the endemic species that have all but disappeared. FEIS at 4 4-90, E E-

39. The NRC also agrees with SACE that the cumulative impacts of dams and industry on the Tennessee River (which TVAs FEIS did not address at all) are significant. Id. at 4-94.

In addition, the FEIS recognizes that some of the aquatic impacts data collected by TVA are incomplete and poorly analyzed. Id. at E E-57, E-58, E-60, E-61, E-61, E-62, E-80, E-

81. Finally, in response to Contention 7, the TVA has collected more and better aquatic impacts 1

NUREG-0498, Final Environmental Impact Statement Related to the Operation of Watts Bar Nuclear Plant, Unit 2 (Supp. 2) (May 2013).

data in the recent past, and has done a better job at analyzing it. Id. at Table 5-1, E-58, E-61, E-62, E-69, E-81.

While we disagree with the NRCs ultimate conclusion that the incremental impacts of WBN2 are insignificant and unrelated to the other cumulative impacts (FEIS at 4-94), we think our resources would not be well-utilized by continuing with a hearing before the ASLB on that single issue. Instead, we plan to follow up with the TVA on the significant criticisms that the NRC Staff has made of the TVAs methodology for evaluating environmental impacts.

Counsel for Intervenors is authorized to state that the TVA and the NRC Staff do not oppose this motion.

Respectfully submitted, Electronically signed by Diane Curran HARMON, CURRAN, SPIELBERG, & EISENBERG, L.L.P.

1726 M Street N.W., Suite 600 Washington, D.C. 20036 202-328-3500 Fax: 202-328-6918 e-mail: dcurran@harmoncurran.com July 15, 2013 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

Tennessee Valley Authority ) Docket No. 50-391

)

(Watts Bar Unit 2) )

____________________________________)

CERTIFICATE OF SERVICE I certify that on July 15, 2013, I posted on the NRCs Electronic Information Exchange System copies of the foregoing SACEs Unopposed Motion to Withdraw Contention 7.

It is my understanding that as a result, the following parties were served:

Paul S. Ryerson, Chair Kathryn M. Sutton, Esq.

Dr. Paul B. Abramson Paul M. Bessette, Esq.

Dr. Gary S. Arnold Morgan, Lewis & Bockius, L.L.P.

Atomic Safety and Licensing Board Panel 1111 Pennsylvania Avenue N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Mail Stop T-3F23 ksutton@morganlewis.com Paul.ryerson@nrc.gov, pba@nrc.gov, pbessette@morganlewis.com wxb3@nrc.gov NRC Office of the Secretary NRC Office of Appellate Commission Rulemakings and Adjudications Staff Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Hearing.docket@nrc.gov ocaamail@nrc.gov David E. Roth, Esq. Edward J. Vigluicci, Esq.

Edward Williamson, Esq. Christopher C. Chandler, Esq.

Catherine Kanatas, Esq. Office of the General Counsel Office of General Counsel Tennessee Valley Authority U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive, Washington, D.C. 20555 WT 6A-K David.roth@nrc.gov, Knoxville, TN 37902 Catherine.kanatas@nrc.gov, elw2@nrc.gov ejvigluicci@tva.gov, ccchandler0@tva.gov (signed electronically by)

Diane Curran