ML15189A190

Petitioners' Position Statement on Mandatory Disclosures and Schedule

ML15189A190
Person / Time
Site:	Palisades
Issue date:	07/08/2015
From:	Lodge T Beyond Nuclear, Don't Waste Michigan, Michigan Safe Energy Future - Shoreline Chapter (MSEF), Nuclear Energy Information Service
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-255-LA-2, ASLBP 15-939-04-LA-BD01, RAS 28036
Download: ML15189A190 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of: ) Docket No. 50-255-LA2 Entergy Nuclear Operations, Inc. )

(Palisades Nuclear Plant)

) July 8, 2015 Operating License Amendment Request

)

PETITIONERS POSITION STATEMENT ON MANDATORY DISCLOSURES AND SCHEDULE Now come Beyond Nuclear (BN), Dont Waste Michigan (DWM), Michigan Safe Energy Future - Shoreline Chapter (MSEF), and the Nuclear Energy Information Service (NEIS) (hereafter collectively called Petitioners), by counsel, and explain their positions on two aspects of the Joint Proposal on Mandatory Disclosures and Schedule.

1. Commencement Date of Disclosures Entergy has proposed that initial disclosures be deferred to 30 days after Commission action on Entergys planned appeal of the Boards June 18, 2015 Memorandum and Order (Granting Petition to Intervene and Request for Hearing), LBP-15-20, or three months from the date of the Boards ruling in LBP-15-20, whichever comes first. The NRC Staff does not object to this proposal.

The intervenors object because the reactor pressure vessel at Palisades, which is widely believed to be the most-embrittled in Western Hemisphere, cannot wait for appeals. The RPV is becoming ever more embrittled daily. Dialogue between the Staff and Entergy respecting RPV monitoring and oversight continues apace during this extremely critical period. Petitioners represent significant numbers of the general public who are very concerned about the persistent negative direction of the RPVs condition. The appeal may take half a year for resolution. The public deserves to have RPV-related information brought to its specific attention during that period. It will also enhance efficiency of scheduling the proceedings once remand has occurred (because the likelihood of the Commission reversing the ASLB, in Petitioners opinion, is small).

2. Deadline for Filing New or Amended Contentions Entergy and the NRC Staff propose that the deadline for filing new or amended contentions based on the Safety Evaluation be 30 days after its availability. The Petitioners propose that the deadline for filing new or amended contentions based on the Safety Evaluation be 60 days after its availability. Sixty (60) days was the measure adopted by the ASLB in the pending Davis-Besse license renewal proceeding. Given the likely complexity of the SE on this novel issue, and the potential need for Petitioners to identify one or more appropriate experts in the narrow area of metallugical science, 60 days is not unreasonable.

Respectfully,

/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Fax (419) 255-7552 Tjlodge50@yahoo.com Counsel for Petitioners UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of: ) Docket No. 50-255-LA2 Entergy Nuclear Operations, Inc. )

(Palisades Nuclear Plant)

) July 8, 2015 Operating License Amendment Request

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing PETITIONERS POSITION STATEMENT ON MANDATORY DISCLOSURES AND SCHEDULE was served by me upon the parties to this proceeding via the NRCs Electronic Information Exchange system this 18th day of July, 2015.

/s/ Terry J. Lodge Terry J. Lodge (OH #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 (419) 255-7552 Fax (419) 255-7552 Tjlodge50@yahoo.com Counsel for Petitioners