ML19070A238

LTR-19-0088 Maura Healey, Attorney General, the Commonwealth of Massachusetts, Ltr NextEras Requests for a License Amendment and Twenty-year Extension Prior to Issuance of a Final Decision in Adjudicatory Hearing on Concrete Degradation at

ML19070A238
Person / Time
Site:	Seabrook
Issue date:	03/10/2019
From:	Healey M Commonwealth Of Massachusetts, Office of the Attorney General
To:	Kristine Svinicki NRC/Chairman
Shared Package
ML19070A239	List: ML19070A238
References
LTR-19-0088
Download: ML19070A238 (3)

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THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108-1598 MAURA HEALEY (617) 727-2200 ATTORNEY GENERAL www .ma.gov/ago March 10, 2019 VIA ELECTRONIC MAIL The Honorable Kristine L. Svinicki Chairman, U.S. Nuclear Regulatory Commission Mail Stop 0-16B33 Washington, DC 20555-0001 RE: Seabrook Nuclear Power Station License Amendment and License Extension Requests

Dear Chairman Svinicki:

I am writing to urge the U.S. Nuclear Regulatory Commission (NRC or Commission) to preclude NRC Staff from acting on NextEra Energy Seabrook's (NextEra) requests for a license amendment and twenty-year extension of its existing operating license prior to issuance of a final decision in the upcoming adjudicatory hearing before the Atomic Safety and Licensing Board (Licensing Board) on concrete degradation at the plant. A decision to act on either request prior to a final adjudication of that matter would constitute an affront to the public interest and undermine public trust in the NRC's ability to protect public health and safety.

Documented concrete degradation at the Seabrook Nuclear Power Station due to an alkali silica reaction (ASR) is the source of significant justified and understandable public concern. To that end, on October 6, 2017, the Licensing Board granted a petition by C-10 Research &

Education Foundation, Inc. (C-10) for a hearing on issues related to the concrete degradation in the license amendment proceeding and admitted five of C-1 O's contentions. In re NextEra Energy Seabrook, L.L.C., LBP-17-7, 86 N.R.C. 59, 67-68 (2017) (Adams Accession No. MLI 7279A968). The Commission affirmed that decision on April 12, 2018 (Adams Accession No. ML18102A097). Not only has there been no final decision rendered on the matter by the Licensing Board, no adjudicatory hearing has yet occurred. Neither the NRC Staff nor NextEra has offered a meritorious reason why either request should be granted with this live issue still pending before the Licensing Board.

The Commission and the public would benefit greatly from allowing the adjudication to proceed before acting on either the amendment or the extension requests. C-10 has retained one of the world's leading experts on ASR. That expert is also the same person whom the NRC itself

Chairman Kristine L. Svinicki March 10,2019 Re: Seabrook Nuclear Power Plant Page 2 of 2 previously retained to study this issue. In his declaration supporting the organization's February 13, 2019 Emergency Petition, C-10' s expert raises a series of serious and legitimate concerns about NextEra's analysis of the ASR issue at Seabrook. The Licensing Board is poised to hold an adjudicatory hearing during which the parties can test those expert opinions and render a final decision following the hearing to which C-10 is now entitled.

There is simply no reason for the NRC Staff to act on the amendment or license extension requests at this time. NextEra's existing license does not expire until March 15, 2030-eleven years from today. Yet, despite the pendency of that adjudicatory hearing, NRC Staff have informed the Commission that they plan to act on the license amendment request on Monday, March 11, 2019, and grant a twenty-year license extension the following day-again, on a license that does not expire until eleven years from now. Given the public interest in the unsettled safety issues at the plant, the Staff recommendation is bewildering.

I respectfully ask that you delay any action on either NextEra's license amendment or license extension requests until at least after a final decision in the pending adjudicatory hearing has issued.

Please contact Seth Schofield, Assistant Attorney General in my Energy and Environment Bureau, by e-mail (seth.schofield@mass.gov) or by telephone ((617)-963-2436) if you have any questions or would like to discuss the subject of this letter further.

Maura Cc: NRC Commissioners Jeff Baran, Stephen G. Bums, Annie Caputo, David A. Wright Annette L. Vietti-Cook, Secretary of the Commission David C. Lew, NRC Regional Administrator, Region I Douglas Tifft, NRC Regional State Liaison Officer The Honorable Elizabeth Warren The Honorable Edward Markey The Honorable Seth Moulton The Honorable Bruce Tarr The Honorable Diana DiZoglio The Honorable James Kelcourse The Honorable Leonard Mirra

NRCExecSec Resource From: Schofield, Seth (AGO) <seth.schofield@state.ma.us>

Sent: Sunday, March 10, 2019 9:41 PM To: cmrsvinicki@nrc.gov Cc: CMRBARAN Resource; CMRBurns Resource; CMRCaputo Resource; CMRWright Resource; NRCExecSec Resource; Lew, David; Tifft, Doug

Subject:

[External_Sender] Seabrook Nuclear Power Station License Amendment and License Extension Requests Attachments: 19-03.10 [3] - MassAG Letter to NRC re Seabrook LAR & License Ext [fnl].pdf Importance: High

Dear Chairman Svinicki:

Please find attached correspondence from Massachusetts Attorney General Maura Healey regarding the Seabrook Nuclear Power Station. As described more fully in the attached letter, we are urging the Commission to preclude NRC Staff from acting on NextEra's requests for a license amendment and twenty-year extension of its existing operating license prior to issuance of a final decision in the upcoming adjudicatory hearing before the Atomic Safety and Licensing Board on concrete degradation at the plant.

Please do not hesitate to contact us if you have any questions or would like to discuss this matter further.

Sincerely, Seth Schofield Seth Schofield Senior Appellate Counsel Assistant Attorney General Energy and Environment Bureau Office of the Attorney General One Ashburton Place Boston, MA 02108-1598 Tel: (617) 963-2436 Fax: (617) 727-9665 seth.schofield@mass.gov 1