ML15217A327
| ML15217A327 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/05/2015 |
| From: | Kennedy M, Paul Ryerson, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-443-LR, ASLBP 10-906-02-LR-BD01, RAS 28119 | |
| Download: ML15217A327 (8) | |
Text
LBP-15-22 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Paul S. Ryerson, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of: Docket No. 50-443-LR NEXTERA ENERGY SEABROOK, LLC ASLBP No. 10-906-02-LR-BD01 (Seabrook Station, Unit 1) August 5, 2015 MEMORANDUM AND ORDER (Dismissing Contention 4D and Terminating the Proceeding)
The background of this license renewal proceeding for Seabrook Station, Unit 1, is set forth in previous orders of this Board and of the Commission.1 This order concerns Contention 4D, in which Friends of the Coast and the New England Coalition (FOTC/NEC) challenged the reasonableness of the atmospheric dispersion model used in the Severe Accident Mitigation Alternatives analysis portion of NextEra Energy Seabrook, LLCs (NextEra) license renewal application.2 The Board admitted this contention on February 15, 2011, and the Commission affirmed that decision.3 1 See, e.g., LBP-11-2, 73 NRC 28, 34-37 (2011), affd in part & revd in part, CLI-12-05, 75 NRC 301, 349 (2012); Licensing Board Memorandum and Order (Granting Summary Disposition of Contention 4B) (Aug. 12, 2013) (unpublished); Licensing Board Memorandum and Order (Denying Motion to File a New Contention Concerning Nuclear Waste) (Sept. 9, 2014)
(unpublished).
2 Friends of the Coast and New England Coalition Petition for Leave to Intervene, Request for Hearing, and Admission of Contentions (Oct. 21, 2010) at 47-61.
3 LBP-11-2, 73 NRC at 69-73, affd, CLI-12-05, 75 NRC at 327-29.
On August 8, 2013, NextEra, FOTC/NEC, and the NRC Staff moved for an order approving settlement of Contention 4D and for a second order to dismiss Contention 4D after publication of the Final Supplemental Environmental Impact Statement (FSEIS).4 This Board approved the parties settlement and directed the NRC Staff to submit a letter to the Board, identifying the portions of the FSEIS in which it analyzes the CALMET sensitivity, the treatment of uncertainty and off-setting conservatisms in NextEras analysis as soon as the FSEIS was completed.5 The Board stated that [s]even days after receipt of this letter, [it would] issue a further order dismissing Contention 4D without further motion.6 Seven days ago, the NRC Staff submitted the requisite letter informing the Board and the parties of issuance of the FSEIS and identifying the portions that address Contention 4D.7 Accordingly, Contention 4D is dismissed.8 There being no remaining admitted contention, this adjudicatory proceeding concerning NextEras application to renew the operating license for Seabrook Station, Unit 1 is terminated.
Under the Settlement Agreement, the parties may petition for review of this order only to the 4 See Joint Motion for Approval of Settlement and Dismissal of FOTC/NEC Contention 4D at Ex. A, Settlement Agreement Among FOTC/NEC, NextEra Entergy Seabrook, LLC, and the Staff of the US Nuclear Regulatory Commission Regarding Contention 4D (Aug. 8, 2013)
[hereinafter Settlement Agreement]. The Settlement Agreement is attached as Attachment A.
5 Licensing Board Memorandum and Order (Approving Settlement of Contention 4D) (Aug. 12, 2013) at 1-2 (unpublished).
6 Id. at 2.
7 Letter from Anita Ghosh, Counsel for NRC Staff, to the Board (July 29, 2015).
8 The Board is aware that FOTC/NEC has moved the Commission to order the NRC Staff to release the FSEIS as a draft or supplement and provide another comment period because of the four-year gap between the public comment period and the issuance of the FSEIS. Motion to Withhold or Withdraw Final Environmental Impact Statement Pending Renewed Opportunity for Comment (July 28, 2015). This motion does not change the NRC Staffs obligations under the Settlement Agreement or the Boards enforcement of that agreement. The Commission has the power to reopen this proceeding if necessary.
extent that it is not fully consistent with each provision of this Settlement Agreement.9 Any petition for review of this Memorandum and Order must be filed within twenty-five (25) days after this order is served.10 It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE
/RA/
Dr. Michael F. Kennedy ADMINISTRATIVE JUDGE
/RA/
Dr. Richard E. Wardwell ADMINISTRATIVE JUDGE Rockville, Maryland August 5, 2015 9 Attach. A, Settlement Agreement at 2 ¶ 7 (With regard to this Settlement Agreement, NextEra, the NRC Staff, and FOTC/NEC expressly waive any and all further procedural steps before the Board or any right to challenge or contest the validity of any order entered by that Board on Contention 4D in accordance with this Settlement. The Parties also expressly waive all rights to seek judicial review or otherwise to contest the validity of any order entered by the Board on Contention 4D, so long as such order is fully consistent with each provision of this Settlement Agreement.).
10 10 C.F.R. § 2.341(b).
ATTACHMENT A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NEXTERA ENERGY SEABROOK, LLC ) Docket No. 50-443-LR (Seabrook Station, Unit 1) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Dismissing Contention 4D and Terminating the Proceeding) (LBP-15-22) have been served upon the following persons by Electronic Information Exchange.
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-7H4 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 ocaamail@nrc.gov Hearing Docket hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Office of the General Counsel Washington, DC 20555-0001 Mail Stop: O-15D21 Washington, DC 20555-0001 Paul S. Ryerson, Chair Administrative Judge Lloyd Clark, Esq.
paul.ryerson@nrc.gov lloyd.clark@nrc.gov Anita Ghosh, Esq.
Michael F. Kennedy anita.ghosh@nrc.gov Administrative Judge Brian Harris, Esq.
michael.kennedy@nrc.gov brian.harris@nrc.gov David Roth, Esq.
Richard E. Wardwell david.roth@nrc.gov Administrative Judge Mary Spencer, Esq.
richard.wardwell@nrc.gov mary.spencer@nrc.gov Jeremy Wachutka, Esq.
jeremy.wachutka@nrc.gov Edward Williamson, Esq.
edward.williamson@nrc.gov John Tibbetts, Paralegal john.tibbetts@nrc.gov OGC Mail Center: Members of this office have received a copy of this filing by EIE service.
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LR MEMORANDUM AND ORDER (Dismissing Contention 4D and Terminating the Proceeding)
NextEra Energy Seabrook, LLC New Hampshire Sierra Club 801 Pennsylvania Avenue, N.W., #220 40 N. Main Street Washington, DC 20004 Concord, NH 03870 Steven C. Hamrick, Esq. Kurt Ehrenberg, Field Organizer steven.hamrick@fpl.com kurtehrenberg@gmail.com NextEra Energy Seabrook, LLC Seacoast Anti-Pollution League 700 Universe Boulevard P.O. Box 1136 Juno Beach, FL 33408 Portsmouth, NH 03802 William Blair, Esq. Doug Bogen, Executive Director william.blair@fpl.com dbogen@metrocast.net Pillsbury Winthrop Shaw Pittman, LLP State of New Hampshire 1200 Seventeenth Street, NW Office of the Attorney General Washington, DC 20036-3006 33 Capitol Street David R. Lewis, Esq. Concord, NH 03301 david.lewis@pillsburylaw.com K. Allen Brooks, Assistant Attorney General k.allen.brooks@doj.nh.gov Friends of the Coast and Michael A. Delaney, Attorney General New England Coalition (NEC) michael.a.delaney@doj.nh.gov Post Office Box 98 Peter Roth, Assistant Attorney General Edgecomb, ME 04556 peter.roth@doj.nh.gov Raymond Shadis Debbie Grinnell State of Massachusetts debbie@c-10.org Office of the Attorney General shadis@prexar.com Environmental Protection Division One Ashburton Place, 18th Floor Beyond Nuclear Boston, MA 02108 6930 Carroll Avenue, Suite 400 John Beling, Assistant Attorney General Takoma Park, MD 20912 john.beling@state.ma.us Paul Gunter, Director, Reactor Jillian Riley, Legal Analyst Oversight Project jillian.riley@state.ma.us paul@beyondnuclear.org
[Original signed by Clara Sola ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of August, 2015 2