ML17068A010
| ML17068A010 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 03/09/2017 |
| From: | Jay Collins Citizens' Resistance at Fermi Two |
| To: | NRC/SECY |
| SECY RAS | |
| References | |
| 50-341-LR, ASLBP 16-951-01-LR-BD01, RAS 51683 | |
| Download: ML17068A010 (4) | |
Text
9 March 2017 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY OF THE COMMISSION In the Matter of
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DTE ELECTRIC CO.
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Docket No. 50-341-LR (Fermi Nuclear Reactor, Unit 2)
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CITIZENS RESISTANCE AT FERMI 2 (CRAFT) COMBINED REPLY TO NRC STAFF AND DTE ANSWERS TO CRAFT PETITION FOR REVIEW OF LBP-17-01 Jessie Pauline Collins Pro se filer for Citizens Resistance at Fermi 2 (CRAFT) 17397 Five Points Street Redford MI 48240 (313) 766.4311 jessiepauline@gmail.com 9 March 2017
9 March 2017 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY OF THE COMMISSION In the Matter of
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DTE ELECTRIC CO.
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Docket No. 50-341-LR (Fermi Nuclear Reactor, Unit 2)
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CITIZENS RESISTANCE AT FERMI 2 (CRAFT) COMBINED REPLY TO NRC STAFF AND DTE ANSWERS TO CRAFT PETITION FOR REVIEW OF LBP-17-01 In accordance with 10 CFR Part 2.341, Citizens Resistance at Fermi 2 (CRAFT) respectfully submits this Combined Reply to Answers filed by DTE Electric Company (DTE) and the NRC Staff pertaining to CRAFTs Petition for Review of ASLBP (Board) decision LBP-17-01. DTE and the NRC Staff oppose CRAFTs Petition for Review before the Commission.
Fortunately for CRAFT, both Answer briefs rely on the same false assertion that the Commission is required by its own procedural rules of practice to deny CRAFTs Petition for Review. For instance, DTE explains and then essentially dismisses that the standard for review under 10 CFR Part 2.341(b)(4)(v) allows the Commission to use its own discretion to grant a petition for review based on any consideration which the Commission may deem to be in the public interest. (DTE Answer at 2, citing 10 CFR Part 2.341(b)(4)(i)-(v)).
CRAFTs proposed new contention and permissible follow-up reply arguments raise substantial and important questions within the scope of license renewal. In any event, all of
CRAFTs existing questions are appropriate for consideration under statutes pertaining to federal relicensing actions, if for no other reason than all such substantial and important questions raised by CRAFT are vital to the public interest and should therefore be of interest to the Commission as well.
Moreover, the Commissions wide discretion to reopen an adjudicatory proceeding must extend to the prerogative to accept as sufficient grounds for review an ordinary plea of new evidence without an affidavit. Otherwise, an exceptionally grave issue of public concern would present no inherent good cause for review. Though DTE would have the Commission disregard its own regulations, the Commission disfavors attempts to shutter its wide latitude of discretion provided by courts to regulate all matters within statutory reach.
To be sure, CRAFT argues that the Commission need not even apply its own backstop of ultimate discretion set forth in 10 CFR Part 2.341(b)(4)(v) in order to justify granting CRAFTs Petition for Review. Rather, CRAFTs Petition for Review is worthy of due consideration based on the Commissions own criteria as set forth in 10 CFR Part 2.341(b)(4)(iii): A substantial and important question of discretion has been raised again in this proceeding by CRAFTs new pleading.
In conclusion, for the above reasons, the Commission should grant CRAFTs Petition for Review.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Secretary of the Commission In the Matter of
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Docket No. 50-341 DTE Electric Company
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December 9, 2016 (Fermi Nuclear Power Plant, Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Citizens Resistance at Fermi 2 (CRAFT)s Combined Reply to Answers Filed by DTE Electric Company (DTE) and the NRC Staff pertaining to CRAFTs Petition For Review of LBP-17-01 were served by me upon the parties to this proceeding via deposit into the NRCs Electronic Information Exchange system this 9th day of March, 2017.
Respectfully submitted, Signed (electronically) by:
/s/ Jessie Pauline Collins Pro se Counsel for Petitioners 17397 Five Points Street Redford, MI 48240313.766.4311 jessiepauline@gmail.com 9 March 2017