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Category:Legal-Pleading
MONTHYEARML21287A6592021-10-14014 October 2021 Notice of Withdrawal of Samuel Reeves Lehman on Behalf of Tennessee Valley Authority ML21070A3612021-03-11011 March 2021 NRC Staff Answer to the Tennessee Valley Authority'S Motion Regarding Disclosures ML15173A0332015-06-22022 June 2015 Southern Alliance for Clean Energy'S Reply to Oppositions to Petition for Review of LBP-15-14 Denying Admission of a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 5.34(b)(4) ML15163A2142015-06-12012 June 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Petition for Review of LBP-15-14 ML15163A1452015-06-12012 June 2015 NRC Staff Answer Opposing the Southern Alliance for Clean Energy Petition for Review of Board Decision LBP-15-14 ML15138A4522015-05-18018 May 2015 Sace Petition for Review of LBP-15-14 ML15127A2512015-05-0707 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 ML15126A3832015-05-0606 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 ML15126A4782015-05-0606 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 ML15121A4532015-05-0101 May 2015 NRC Staff Answer to Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene and Motion to Reopen the Record in the Operating License Proceeding for Watts Bar Unit 2 ML15121A7902015-05-0101 May 2015 TVA Answer to Sace Motions to Reopen and Admit a New Contention ML15111A3562015-04-21021 April 2015 Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene in Operating License Proceeding for Watts Bar Unit 2 Nuclear Power Plant ML15069A4922015-03-10010 March 2015 Southern Alliance for Clean Energy Reply to Oppositions to Motion for Leave to File a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 50.34(b)(4) ML15062A3782015-03-0303 March 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention ML15062A1142015-03-0303 March 2015 NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention ML15049A6182015-02-18018 February 2015 Petitioners' Reply to Oppositions to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15049A3652015-02-18018 February 2015 NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion to Reopen the Record ML15048A0612015-02-17017 February 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record ML15043A7792015-02-12012 February 2015 NRC Staff Opposition to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15043A5572015-02-12012 February 2015 Tennessee Valley Authority'S Answer Opposing Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15037A5492015-02-0606 February 2015 Southern Alliance for Clean Energy'S Unopposed Motion to Permit Corrected Filing ML15037A3182015-02-0505 February 2015 Refiled Motion for New Contention and Motion to Reopen ML15028A1132015-01-28028 January 2015 Petition to Supplement Reactor-Specific Environmental Impact Statement Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML14311A9752014-11-0707 November 2014 Petitioners' and Intervenors' Consolidated Reply to Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions, to Admit a New Contention, and Motions to Reopen the Record ML14304A7652014-10-31031 October 2014 Tennessee Valley Authority'S Answer to Opposing Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceeding Pending Issuance of Waste Confidence Safety Findings and Motions for Leave to File New Contention ML14304A7162014-10-31031 October 2014 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record ML14304A6742014-10-31031 October 2014 Inc.'S Motion for Leave to File Amicus Curiae Brief ML14304A6682014-10-31031 October 2014 NRC Staff Consolidated Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit a New Contention and Motions to Reopen the Record ML14080A4582014-03-21021 March 2014 Tennessee Valley Authority'S Answer Opposing Petition to Suspend Reactor Licensing Decisions & Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent ML14080A4602014-03-21021 March 2014 Tennessee Valley Authority'S Answer Opposing 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 Spen ML14080A2542014-03-21021 March 2014 NRC Staff Answer to Opposing Suspension Petition ML14058A6802014-02-27027 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 ML13196A3552013-07-15015 July 2013 Southern Alliance for Clean Energy'S Unopposed Motion to Withdraw Contention 7 ML13127A3492013-05-0707 May 2013 Notice of Appearance for Anita Ghosh on Behalf of NRC Staff, in the Matter of Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2) ML12362A3162012-12-27027 December 2012 Joint Response to Board Order Notifying Parties of Amendments to Rules of Practice ML12216A1592012-08-0303 August 2012 Tennessee Valley Authority'S Answer Opposing New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Unit 2 ML12215A4652012-08-0202 August 2012 NRC Staff'S Answer to Southern Alliance for Clear Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Units 2 ML12198A3942012-07-16016 July 2012 Certificate of Service for a Letter from Diane Curran to Counsel for TVA and the NRC Staff Regarding Saces Thirtieth Supplement to Its Mandatory Disclosures ML12191A3832012-07-0909 July 2012 Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar Unit 2 ML12177A1582012-06-25025 June 2012 Tennessee Valley Authority'S Answer Opposing Petition to Suspend Final Licensing Decisions Pending Completion of Remanded Waste Confidence Proceedings ML12177A0852012-06-25025 June 2012 NRC Staff'S Answer to Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings ML12170B0412012-06-18018 June 2012 Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings ML12118A5402012-04-27027 April 2012 Notices of Appearance of Paul M. Bessette and Stephen J. Burdick ML12118A5412012-04-27027 April 2012 Joint Answer Opposing Hearing Requests Regarding Sufficiency of Order EA-12-051 Modifying Licenses with Regard to Spent Fuel Pool Instrumentation ML11354A4732011-12-20020 December 2011 Certificate of Service of Copies of the Southern Alliance for Clean Energy'S Opposition to Tva'S Motion for Summary Disposition of Contention 7, Statement of Disputed Material Facts, and Declaration of Shawn Paul Young, Ph.D ML11354A4722011-12-20020 December 2011 Declaration of Shawn Paul Young, Ph.D. on Behalf of Southern Alliance for Clean Energy ML11354A4702011-12-20020 December 2011 Southern Alliance for Clean Energy'S Opposition to Tennessee Valley Authority'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts of Watts Bar Unit 2 ML11354A4712011-12-20020 December 2011 Southern Alliance for Clean Energy'S Statement of Disputed Material Facts ML11354A4032011-12-20020 December 2011 NRC Staff'S Answer to Tva'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts ML11311A3352011-11-0707 November 2011 Tennessee Valley Authority'S Opposition to Sace'S Motion for Leave to Supplement Its Fukushima-Related New Contention 2021-03-11
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June 22, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL (Watts Bar Nuclear Plant, Unit 2) )
)
SOUTHERN ALLIANCE FOR CLEAN ENERGYS REPLY TO OPPOSITIONS TO PETITION FOR REVIEW OF LBP-15-14 DENYING ADMISSION OF A NEW CONTENTION CONCERNING TVAS FAILURE TO COMPLY WITH 10 C.F.R. § 50.34(b)(4)
I. INTRODUCTION Pursuant to 10 C.F.R. § 2.341(b)(3), Southern Alliance for Clean Energy (SACE) hereby replies to oppositions by the Tennessee Valley Authority (TVA) and the U.S. Nuclear Regulatory Commission (NRC or Commission) Staff to SACEs Petition for Review of LBP-15-14 Denying Admission of a New Contention Concerning TVAs Failure to Comply with 10 C.F.R. § 50.34(b)(4) (Petition). Tennessee Valley Authoritys Answer Opposing Southern Alliance for Clean Energys Petition for Review of LBP-15-14 (June 12, 2015) (TVA Answer); NRC Staff Answer Opposing Southern Alliance for Clean Energy Petition for Review of Board Decision LBP-15-14 (June 12, 2015) (NRC Staff Answer). Their arguments are without merit and therefore the Commission should grant review.
II. ARGUMENT In opposing SACEs Petition, TVA and the NRC Staff misconstrue both SACEs Petition and the NRCs standard for reopening the record of the Watts Bar Unit 2 (WBN2) operating license proceeding as applied to SACEs Motion to Reopen the Record and contention. Contrary to their arguments, SACE does not seek a more lenient interpretation of 10 C.F.R § 2.326 than is generally applied by the Commission. NRC Staff Answer at 14. What SACE seeks is an
application of the standard that is appropriate to the relief sought by SACEs contention. The goal of SACEs contention is to ensure that information concededly relevant to the NRC Staffs operating license review of nuclear plant safety equipment is actually reviewed in the WBN2 operating license proceeding, instead of shunted off to a parallel non-licensing proceeding where none of the procedural protections afforded by the Atomic Energy Act and NRC regulations for operating license reviews will be applied. These Atomic Energy Act and NRC regulations-based protections include the following:
Exercise of the NRC Staffs expertise in reviewing TVAs operating license application, under the reasonable assurance standard for the review of an operating license application. 10 C.F.R. 50.57. The reasonable assurance standard is stronger than the standard applied by the NRC Staff in the parallel proceeding, i.e., whether operation of WBN2 would pose an imminent hazard. See letter from William M. Dean to Diane Curran (Nov. 21, 2014); Yankee Atomic Electric Co. (Yankee Nuclear Power Station),
CLI-96-6, 43 NRC 123, 128 (1996).
Placement of the burden of proving the safety of operating WBN2 for 40 years on TVA rather than giving the NRC a burden of showing that WBN2 should not be allowed to operate, as is the case in the parallel non-licensing proceeding.
Assurance that the NRC technical staff will review relevant information about the adequacy of safety equipment to withstand reasonably foreseeable earthquakes before WBN2 is licensed to operate for 40 years, rather than at some unknown post-licensing date that will be established at the NRC Staffs discretion.
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SACE respectfully submits that in refusing to reopen the record of the operating license hearing for WBN2, the Atomic Safety and Licensing Board (ASLB) clearly erred by holding that 10 C.F.R. § 2.326 required SACE to show deficiencies in the information submitted by TVA to the NRC in the parallel non-licensing proceeding. SACE is entitled to seek enforcement of NRC regulations requiring TVA to submit relevant information necessary to a complete operating license review, without having to show deficiencies in the information withheld by TVA. To require otherwise would deprive SACE of its right under the Atomic Energy Act to rely on the governments comprehensive review of WBN2s operating license application against NRC safety standards and would impose on SACE the burden of doing the governments job. It should be sufficient for SACE to assert that the information submitted by TVA in the parallel proceeding is pertinent to a significant safety issue in the WBN2 operating license review: whether WBN2 can operate safely despite the fact that the seismic risk to WBN2 is now known to be greater than the safe shutdown earthquake (SSE) to which the reactor was designed. To impose a greater burden on SACE is not justifiable under 10 C.F.R. 2.326 in the context of SACEs contention and motion to re-open the record. The Boards error constitutes a significant legal and policy issue that should be addressed by the Commission.
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III. CONCLUSION By misinterpreting 10 C.F.R. § 2.326 in a way that undermines Atomic Energy Act-based procedures designed to ensure and protect the rigor of operating license reviews, the ASLBs decision in LBP-15-14 raises important issues of law and policy that should be reviewed by the Commission.
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 June 22, 2015 4
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL (Watts Bar Nuclear Plant, Unit 2) )
)
CERTIFICATE OF SERVICE I certify that on June 22, 2015, on behalf of Southern Alliance for Clean Energy, I posted on the NRCs Electronic Information Exchange SOUTHERN ALLIANCE FOR CLEAN ENERGYS REPLY TO OPPOSITIONS TO PETITION FOR REVIEW OF LBP-15-14 DENYING ADMISSION OF A NEW CONTENTION CONCERNING TVAS FAILURE TO COMPLY WITH 10 C.F.R. § 50.34(b)(4). It is my understanding that as a result, the NRC Commissioners, Atomic Safety and Licensing Board, and parties to this proceeding were served.
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