ML14174A855
| ML14174A855 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/23/2014 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01, RAS 26110 | |
| Download: ML14174A855 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Nicholas G. Trikouros Dr. Paul B. Abramson In the Matter of Docket Nos. 50-275-LR and 50-323-LR PACIFIC GAS & ELECTRIC COMPANY ASLBP No. 10-900-01-LR-BD01 (Diablo Canyon Nuclear Power Plant, Units 1 June 23, 2014 and 2)
NOTICE OF ADDITIONAL ELEVEN-MONTH DELAY IN ADJUDICATORY PROCEEDING1 Pursuant to 10 C.F.R. § 2.334(c), the Board notifies the Commission that the evidentiary hearing and initial decision in this adjudication will be delayed by eleven months.
This adjudication has been pending for over four years.2 Under NRC regulations, however, the Board cannot conduct the evidentiary hearing until the NRC Staff issues the final supplemental environmental impact statement (FSEIS). See 10 C.F.R. § 2.332(d). Until April 1
The current eleven-month delay is in addition to a prior 52-month delay. See Licensing Board Order (Notice of 52-Month Delay and Order Requiring Status Reports) (June 7, 2011)
(unpublished).
2 See Notice of Opportunity for Hearing, 75 Fed. Reg. 3,493 (Jan. 21, 2010); Request for Hearing and Petition to Intervene by San Luis Obispo Mothers For Peace (Mar. 22, 2010).
2014, the NRC Staff estimated that it would issue the FSEIS in April 2015.3 Recent actions by the NRC Staff and PG&E, however, have resulted in significant delays to this adjudication.
The events causing this delay are as follows. On May 2, 2014, the NRC Staff sent a letter to PG&E stating that NRC would need to request additional information (RAI Letter).4 The RAI Letter stated that, in light of NRCs 2013 changes to its environmental regulations and PG&Es imminent (July 2014) seismic report, the staff will need additional information related to both the safety and environmental reviews and PG&E will need to update the information contained in the environmental report [ER] . . . . Id. at 1. The RAI Letter merely asked PG&E to provide a schedule as to when PG&E will be able to supply the above information. Id. at 2 (emphasis added).
On June 4, 2014, PG&E responded, stating that it was engaged in an internal decision making process regarding PG&Es license renewal application and that it would address the RAI Letter to the extent possible in PG&Es December 2014 license renewal annual update.5 3
Letter from Catherine E. Kanatas, Counsel for NRC Staff, to Diablo Canyon Licensing Board, NRC Staff March 2014 Schedule Update - Projected Schedule for Completion of the Safety and Environmental Evaluations at 1 (Mar. 20, 2014).
4 See Letter from John Lubinski, Director, Division of License Renewal, Office of Nuclear Reactor Regulation, to Edward D. Halpin, Senior Vice President and Chief Nuclear Officer, Pacific Gas and Electric Company, Diablo Canyon Power Plant, Status of the License Renewal Application Review of the Diablo Canyon Nuclear Power Plant, Units 1 and 2 (May 2, 2014)
(ADAMS Accession No. ML14121A259) (RAI Letter).
5 Letter from Edward D. Halpin, Senior Vice President and Chief Nuclear Officer, Pacific Gas and Electric Company, Diablo Canyon Power Plant, to NRC Commissioners and Staff, Status of the License Renewal Application of the Diablo Canyon Nuclear Power Plant, Units 1 and 2 (June 4, 2014). The June 4 letter was transmitted to the Board on June 5, 2014 by counsel for Pacific Gas and Electric Company. See Letter from David A. Repka, Counsel for Pacific Gas and Electric Company, to Diablo Canyon Licensing Board, Material Information Related to License Renewal Application (June 5, 2014).
PG&E stated that, after it submits its December 2014 update, PG&E will discuss with the NRC staff a schedule for providing any additional information. . . . Id. at 2 (emphasis added).
On June 19, 2014, the NRC Staff filed its monthly status report stating that it now expects to issue the FSEIS in March 2016.6 This constitutes an eleven-month delay from the Staffs previous estimate of April 2015.
NRC regulations require this Board to provide written notification to the Commission whenever it appears that there will be a delay of more than 45-days in meeting any of the dates for major activities in the hearing schedule or a delay of more than 60-days in the issuance of the Boards initial decision. 10 C.F.R. § 2.334(c). Accordingly, the Commission is notified that it now appears that the FSEIS, the evidentiary hearing, and the initial decision in this adjudication, will be delayed by approximately eleven months.7 FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 23, 2014 6
Letter from Catherine E. Kanatas, Counsel for NRC Staff, to Diablo Canyon Licensing Board, NRC Staff June 2014 Schedule Update - Projected Schedule for Completion of the Safety and Environmental Evaluations at 2 (June 20, 2014).
7 The NRC Staff originally estimated that it would issue the FSEIS in August 2011. See Letter from Lloyd B. Subin, Counsel for NRC Staff, to Diablo Canyon Licensing Board, Monthly Update of Projected Schedule for Completion of the Safety and Environmental Evaluations at 3 (Sept. 16, 2010).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275-LR and 50-323-LR
)
(Diablo Canyon Nuclear Power Plant, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF ADDITIONAL ELEVEN-MONTH DELAY IN ADJUDICATORY PROCEEDING have been served upon the following persons by the Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Alex S. Karlin, Chair Edward L. Williamson, Esq.
Administrative Judge E-mail: edward.williamson@nrc.gov E-mail: alex.karlin@nrc.gov Susan Uttal, Esq.
E-mail: susan.uttal@nrc.gov Nicholas G. Trikouros John Tibbetts, Paralegal Administrative Judge E-mail: john.tibbetts@nrc.gov E-mail: nicholas.trikouros@nrc.gov Paul B. Abramson OGC Mail Center Administrative Judge E-mail: OGCMailCenter@nrc.gov E-mail: pba@nrc.gov paul.abramson@nrc.gov Onika Williams, Law Clerk E-mail: onika.williams@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov
2 Diablo Canyon Nuclear Power Plant - Docket Nos. 50-275-LR and 50-323-LR NOTICE OF ADDITIONAL ELEVEN-MONTH DELAY IN ADJUDICATORY PROCEEDING Counsel for Pacific Gas and San Luis Obispo Mothers for Peace Electric Company 1123 Flora Road Winston & Strawn, LLP Arroyo Grande, CA 93420 101 California Street Jill ZamEk, Esq.
San Francisco, CA 94111-5802 jzk@charter.net David A. Repka, Esq.
E-mail: drepka@winston.com Tyson Smith, Esq. Counsel for San Luis Obispo Mothers E-mail: trsmith@winston.com For Peace Carlos Sisco, Senior Paralegal Harmon, Curran, Spielberg, and Eisenberg E-mail: csisco@winston.com 1726 M Street, N.W., Suite 600 Washington, DC 20036 Winston & Strawn, LLP Diane Curran, Esq.
1700 K Street, NW dcurran@harmoncurran.com Washington, DC 20006 Rachel Miras-Wilson, Esq. Erich Pica, President E-mail: rwilson@winston.com Friends of the Earth 1100 15th Street NW Washington, DC 20555 E-mail: mkeever@foe.org
[Original signed by Brian Newell]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 23rd day of June 2014