ML15237A351
| ML15237A351 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/25/2015 |
| From: | Bernie White Citizens Allied for Safe Energy (CASE) |
| To: | Atomic Safety and Licensing Board Panel |
| SECY/RAS | |
| References | |
| 50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, LBP-15-13, RAS VVV-10 | |
| Download: ML15237A351 (8) | |
Text
LBP-15-13 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of ) Docket Nos. 50-250-LA
) and 50-251-LA FLORIDA POWER & LIGHT COMPANY )
) ASLBP No.15-935 ) LA-BD01 (Turkey Point Nuclear Generating )
Units 3 and 4) )
August 25, 2015 CITIZENS ALLED FOR SAFE ENERGY MOTION TO INVALIDATE NUCLEAR REGULATORY COMMISSION ENVIRONMENTAL ASSESSMENT OF JULY, 31, 2014 BACKGROUND On July 31, 2014 the Nuclear Regulatory Commission (NRC) placed an Environmental Assessment And Final Finding Of No Significant Impact (79 FR 44464 Page: 44464 -44470) (2014 EA) into the Federal Register (FR) in the subject matter. NUREG-1748, at 1-4/5, states that an EA must be prepared by the Project Manager (PM) and must be placed into the FR by the PM. 1
However, the 2014 EA was prepared by and entered into the FR by the Acting Chief, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. Citizens Allied for Safe Energy, Inc (CASE), as a party to the subject matter, is submitting this apparent procedural violation for judicial review.
STANDING CASE, a non-profit Florida corporation, was granted standing in the subject matter in the MEMORANDUM AND ORDER (Granting CASEs Petition to Intervene) issued on March 23, 2015. pbadupws.nrc.gov/docs/ML1508/
ML15082A197.pdf ASLBP No. 15-935-02-LA-BD01. March 23, 2015)
CONSULTATION On August 23, 2015 CASE sent an email to the required parties for consultation in this matter. On August 24, 2015 the NRC and FPL responded saying that they would not support the motion.
CONTENTION The 2014 EA in this matter was not prepared by nor was it placed into the FR by the the proper office holder as stated in NUREG-1748, and therefore, should be invalidated.
This contention is separate from and not related to any other motion or order in these proceedings; it is entirely a technical matter unrelated to the substance of the contention admitted by the ASLB on March 23, 2015.
DISCUSSION NUREG-1748, at 1-3/4, the 2014 EA states that an EA must be signed by the Project Manager (PM) and the Project Manager must place it into the Federal Register. The regulation states, at 1-4/5): 2
"...it is the responsibility of the licensing Project Manager to prepare the EA and is also the licensing Project Managers responsibility to prepare the Federal Register notice of the EA finding and the basis for those findings.
Preparation of an EA for a licensing action for which a CATX does not apply is the responsibility of the licensing PM either at NRC Headquarters or in a Regional Office....
If the EA results in a FONSI, it is also the licensing PMs responsibility to prepare the Federal Register notice of the EA finding and the basis for those findings."
The NRC's March 2012 environmental assessment and final FONSI for the Turkey Point extended power uprate (EPU) (ADAMS Accession No. ML12074A251).at 39, (2012 EA ) was signed by and placed into the FR by the Project Manager; the 2014 EA was not. The NUREG statement is specific, unequivocal and purposeful, possibly, because that person would be closer to the specific project with deeper knowledge and insight. Given the serious decisions to be made in preparing an EA, designating the PM is understandable.. The drafters of this policy seem to have had good reasons for their clear and emphatic directions.
And the Introduction to NUREG-1748, while giving some latitude to other regulations, still holds that they must adhere to the standards set forth in NUREG-1748. NUREG-1748, Introduction, at 1-1, does state:
the document is not a requirement: this guidance is not a substitute for legislation and regulations and compliance with this document is not required. 3
However, this statement must be considered in context. In the same section, NUREG-1748 states:
To ensure consistent treatment of environmental requirements throughout the NRC Office of Nuclear Material Safety and Safeguards (NMSS), the Environmental and Performance Assessment Branch (EPAB) has produced this document Divisions within NMSS and theirRegional counterparts may have, or choose to develop, supplemental environmental review guidance that is specific to facilities they regulate. Any such guidance should be consistent with this document To ensure consistent treatment of environmental requirements throughout (emphasis added)
Methods different from those set out in this document will be acceptable if they provide a basis for concluding that the NRCs regulations have been met.
Clearly, the framers of NUREG-1748 expected the Regulation to be observed and binding; the regulations are not suggestions. If so, why bother to write them if they could be observed or not as anyone wished? They had reasons, probably well thought out and analyzed, for what they proscribed and stated so in the Introduction where these words occur. They were seeking uniformity and consistency throughout the entire agency. And they required that deviations be explained and justified.
CONCLUSION.
CASE has shown that the substitution of another office holder for the Project Manager in the preparation and filing in the FR of the 2014 EA was at variance with the spirit and the letter of NUREG-1748, a material breech of the 4
regulation. CASE hereby requests that the 2014 EA be invalidated, that any authorization it provided be rescinded and that related required operational limitations be imposed.
Executed in Accord with 10 CFR § 2.304(d).
Respectfully submitted,
/S/ (Electronically) Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 Dated at Miami, Florida 305-251-1960 this 25th day of August, 2015 bwtamia@bellsouth.net 5
LBP-15-13 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-LA and
) 50-251-LA
)
(Turkey Point Nuclear Generating ) ASLBP No. 15-935-02-LA-BD01 Units 3 & 4) )
August 25, 2015 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing CITIZENS ALLED FOR SAFE ENERGY MOTION TO INVALIDATE NUCLEAR REGULATORY COMMISSION ENVIRONMENTAL ASSESSMENT OF JULY, 31, 2014 have been served upon the following persons by electronic mail:.
1
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA CITIZENS ALLED FOR SAFE ENERGY MOTION TO INVALIDATE NUCLEAR REGULATORY COMMISSION ENVIRONMENTAL ASSESSMENT OF JULY, 31, 2014 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-15 D21 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.
David Roth, Esq.
Dr. William W. Sager Edward Williamson, Esq.
Administrative Judge Christina England, Esq.
E-mail: william.sager@nrc.gov John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov Matthew Zogby, Law Clerk david.roth@nrc.gov E-mail: matthew.zogby@nrc.gov edward.williamson@nrc.gov christina.england@nrc.gov john.tibbetts@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov
!2
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA CITIZENS ALLED FOR SAFE ENERGY MOTION TO INVALIDATE NUCLEAR REGULATORY COMMISSION ENVIRONMENTAL ASSESSMENT OF JULY, 31, 2014 Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE)*
700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com Executed in Accord with 10 CFR § 2.304(d).
Respectfully submitted,
/S/ (Electronically) Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 Dated at Miami, Florida 305-251-1960 this 25th day of August, 2015 bwtamia@bellsouth.net
!3