ML14219A739
| ML14219A739 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 08/07/2014 |
| From: | Harshaw K, Silberg J Aerotest, Nuclear Labyrinth LLC |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-228-LT, ASLBP 14-931-01-LT-BD01, RAS 26308 | |
| Download: ML14219A739 (5) | |
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August 7, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
) Docket No. 50-228-LT Aerotest Operations, Inc. ) License No. R-98
)
(Aerotest Radiography and )
Research Reactor) )
AEROTEST OPERATIONS, INC. AND NUCLEAR LABYRINTH, LLCS MOTION TO FILE ADDITIONAL EXHIBITS I. INTRODUCTION Pursuant to the schedule set forth in the Boards Initial Scheduling Order,1 the Parties submitted Initial Statements of Position and Rebuttal Statements of Position, supported by written testimony and exhibits. In the July 24, 2014 Pre-hearing Conference, memorialized in the Boards July 25 Order, the parties indicated that they did not intend to supplement their exhibit list.2 Since that time, however, the Companies discovered documents that should be admitted as exhibits in this proceeding, and respectfully motion, for good cause shown, that these proposed exhibits be admitted.
In its Initial Statement of Position,3 Aerotest Operations, Inc. (Aerotest) and Nuclear Labyrinth, LLC (Nuclear Labyrinth) (collectively, the Companies) set forth their view that the time required for fuel management would be much shorter than the decades assumed by the 1
Aerotest Operations, Inc. (Aerotest Radiography and Research Reactor), Initial Scheduling Order and Administrative Directives, (May 13, 2014).
2 Aerotest Operations, Inc. (Aerotest Radiography and Research Reactor), Order Memorializing Discussion at July 24, 2014 Pre-Hearing Conference in Preparation for August 12, 2014 Evidentiary Hearing, at 2 (July 25, 2014).
3 Aerotest Operations, Inc. and Nuclear Labyrinth, LLC Initial Statement of Position in the Hearing on the Denial of Indirect License Transfer Application (June 13, 2014) (AOI Initial Statement).
NRC Staff. To support this position, the Companies relied on the DOEs January 2013 Strategy for the Management and Disposal of Used Nuclear Fuel and High Level Radioactive Waste, (Exhibit AOI216). AOI Initial Statement of Position at 38. The NRC Staff, on the other hand, assumed that spent fuel would remain at the Aerotest Radiography and Research Reactor (ARRR) until 2055, that ARRR would never operate, and that fuel management costs would be incurred immediately. NRC-045(P) at 32. The Companies 2012 Decommissioning plan cost estimate, AOI121, had assumed that DOE would not take fuel until 2055, based on DOEs plans for Yucca Mountain. Id. Since that time, however, the DOE changed its strategy. AOI Initial Statement of Position at 39; see AOI216. The DOEs new strategy includes taking fuel from shutdown reactors by 2021. Id. The Companies recently discovered NRC Staff and licensee documents supporting use of DOEs revised strategy and the 2021 fuel acceptance date. Because these NRC Staff and licensee documents are inconsistent with the NRC Staffs position in this proceeding, the Companies respectfully request that the documents be admitted as exhibits in this proceeding.
II. DISCUSSION The NRC Staff, in its Rebuttal Statement of Position (NRC-045(P)) (Rebuttal Statement), stated that the Companies reliance on a proposed DOE pilot program [to take fuel by 2021] is premature and speculative considering that the required legislation to implement this pilot program has not yet even been passed. The Rebuttal Statement further stated that assuming spent fuel management costs until 2055 is reasonable. NRC-045(P) at 33; see also NRC Staff Concluding Statement of Position Regarding Denial of the Indirect License Transfer of the Aerotest Radiography and Research Reactor (July 13, 2014) at 28.
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Subsequent to the July 24, 2014 Pre-hearing Conference and the July 25 Order memorializing that Conference, Counsel for the Companies discovered that the NRC Staff, only two months before issuing its Rebuttal Statement, took a totally inconsistent position in another proceeding. The Companies are filing this Motion to include in the record NRC Staff and licensee documents that set forth this inconsistency.
On February 26, 2013, Dominion Energy Kewaunee submitted an updated Irradiated Fuel Management Plan for Kewaunee Power Station (KPS).4 This plan is based on commencement of acceptance of spent fuel by DOE in 2021, consistent with the current DOE strategy. Proposed Exhibit AOI400 at 5. Dominion Energy Kewaunee submitted another update to its Irradiated Fuel Management Plan on April 25, 2014, which again relied on DOEs accepting spent fuel beginning in 2021.5 Proposed Exhibit AOI401 at 7. Dominion Energy Kewaunee used these updates to support an exemption request that would permit the use of a portion of the KPS decommissioning trust fund for expenses related to irradiated fuel management. See Proposed Exhibit AOI402.6 The NRC Staff approved this exemption. Id.
NRC Counsel in the Aerotest proceeding concurred in the grant of this exemption. Id. at 1, 13.
Because these documents show that the NRC Staffs position in the Aerotest proceeding is at odds with the position it has taken in the KPS proceeding, the Companies request that these 4
Letter from D. Stoddard, Senior Vice President Nuclear Operations, Dominion Energy Kewaunee, Inc., to NRC, re: Update to Irradiated Fuel Management Plan Pursuant to 10 CFR 50.54(bb), Feb. 26, 2013 (ADAMS Accession No. ML13059A028) (Proposed Exhibit AOI400).
5 Letter from M. Sartain, Vice President -Nuclear Engineering, Dominion Energy Kewaunee, Inc., to NRC, re:
Update to Irradiated Fuel Management Plan Pursuant to 10 CFR 50.54(bb), Apr. 25, 2014 (ADAMS Accession No. ML14119A120) (Proposed Exhibit AOI401).
6 Letter from C. Gratton (NRC) to D. Heacock, President and Chief Nuclear Office, Dominion Energy Kewaunee, Inc., re: Exemptions from the Requirements of 10 CFR Part 50, Section 50.82(a)(8)(i)(A) and Section 50.75(h)(1)(iv) (TAC No. MF1438) (May 21, 2014) (ADAMS Accession No. ML13337A287) (Proposed Exhibit AOI402).
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documents be admitted as Exhibits in this proceeding and are submitting a revised Exhibit List, AOI000R2, including these proposed Exhibits as AOI400-AOI402.
III. CONCLUSION In conclusion, Aerotest and Nuclear Labyrinth respectfully request, that good cause having been shown, the enclosed documents should be admitted as exhibits in this proceeding.
CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorneys hereby certify that they have made a sincere effort to contact counsel for the NRC Staff and resolve the issues raised in this Motion, and that their efforts to resolve the issues have been unsuccessful. Counsel for the NRC Staff indicated that the Staff opposes this motion based on materiality and relevance.
Respectfully Submitted
/signed electronically by/
Jay E. Silberg Kimberly A. Harshaw Counsel for Aerotest Operations, Inc. and Nuclear Labyrinth, LLC 4
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
) Docket No. 50-228-LT Aerotest Operations, Inc. ) License No. R-98
)
(Aerotest Radiography and )
Research Reactor) )
CERTIFICATE OF SERVICE I hereby certify that the foregoing Aerotest Operations, Inc., and Nuclear Labyrinth, LLCs Motion to File Additional Exhibits has been served through the E-Filing system on the participants in the above-captioned proceeding this 7th day of August 2014.
/Signed electronically by/
Kimberly A. Harshaw 5