ML13196A355
| 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
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In the Matter of
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Docket No. 50-391 Tennessee Valley Authority
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(Watts Bar Unit 2)
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___________________________________ )
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).
2 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
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 Dr. Paul B. Abramson Dr. Gary S. Arnold Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3F23 Paul.ryerson@nrc.gov, pba@nrc.gov, wxb3@nrc.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Morgan, Lewis & Bockius, L.L.P.
1111 Pennsylvania Avenue N.W.
Washington, D.C. 20004 ksutton@morganlewis.com pbessette@morganlewis.com NRC Office of the Secretary Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Hearing.docket@nrc.gov NRC Office of Appellate Commission Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ocaamail@nrc.gov David E. Roth, Esq.
Edward Williamson, Esq.
Catherine Kanatas, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 David.roth@nrc.gov, Catherine.kanatas@nrc.gov, elw2@nrc.gov Edward J. Vigluicci, Esq.
Christopher C. Chandler, Esq.
Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive, WT 6A-K Knoxville, TN 37902 ejvigluicci@tva.gov, ccchandler0@tva.gov (signed electronically by)
Diane Curran