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:
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station, Unit 1)
Docket No. 50-443-LR ASLBP No. 10-906-02-LR-BD01 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301, 349 (2012); Licensing Board Memorandum and Order (Granting Summary Disposition of Contention 4B) (Aug. 12, 2013) (unpublished); Licensing Board Memorandum and Order (Denying Motion to File a New Contention Concerning Nuclear Waste) (Sept. 9, 2014)
(unpublished).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 Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Dr. Michael F. Kennedy ADMINISTRATIVE JUDGE 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).
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ATTACHMENT A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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NEXTERA ENERGY SEABROOK, LLC
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Docket No. 50-443-LR (Seabrook Station, Unit 1)
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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 Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Paul S. Ryerson, Chair Administrative Judge paul.ryerson@nrc.gov Michael F. Kennedy Administrative Judge michael.kennedy@nrc.gov Richard E. Wardwell Administrative Judge richard.wardwell@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001 Hearing Docket hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15D21 Washington, DC 20555-0001 Lloyd Clark, Esq.
lloyd.clark@nrc.gov Anita Ghosh, Esq.
anita.ghosh@nrc.gov Brian Harris, Esq.
brian.harris@nrc.gov David Roth, Esq.
david.roth@nrc.gov Mary Spencer, Esq.
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)
(LBP-15-22) 2 NextEra Energy Seabrook, LLC 801 Pennsylvania Avenue, N.W., #220 Washington, DC 20004 Steven C. Hamrick, Esq.
steven.hamrick@fpl.com NextEra Energy Seabrook, LLC 700 Universe Boulevard Juno Beach, FL 33408 William Blair, Esq.
william.blair@fpl.com Pillsbury Winthrop Shaw Pittman, LLP 1200 Seventeenth Street, NW Washington, DC 20036-3006 David R. Lewis, Esq.
david.lewis@pillsburylaw.com Friends of the Coast and New England Coalition (NEC)
Post Office Box 98 Edgecomb, ME 04556 Raymond Shadis Debbie Grinnell debbie@c-10.org shadis@prexar.com Beyond Nuclear 6930 Carroll Avenue, Suite 400 Takoma Park, MD 20912 Paul Gunter, Director, Reactor Oversight Project paul@beyondnuclear.org New Hampshire Sierra Club 40 N. Main Street Concord, NH 03870 Kurt Ehrenberg, Field Organizer kurtehrenberg@gmail.com Seacoast Anti-Pollution League P.O. Box 1136 Portsmouth, NH 03802 Doug Bogen, Executive Director dbogen@metrocast.net State of New Hampshire Office of the Attorney General 33 Capitol Street Concord, NH 03301 K. Allen Brooks, Assistant Attorney General k.allen.brooks@doj.nh.gov Michael A. Delaney, Attorney General michael.a.delaney@doj.nh.gov Peter Roth, Assistant Attorney General peter.roth@doj.nh.gov State of Massachusetts Office of the Attorney General Environmental Protection Division One Ashburton Place, 18th Floor Boston, MA 02108 John Beling, Assistant Attorney General john.beling@state.ma.us Jillian Riley, Legal Analyst jillian.riley@state.ma.us
[Original signed by Clara Sola ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 5th day of August, 2015