ML19107A462

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Order (Granting Joint Motion for Transcript Corrections)
ML19107A462
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 04/17/2019
From: Michael Gibson
Atomic Safety and Licensing Board Panel
To:
Beyond Nuclear, Exelon Generation Co, NRC/OGC
SECY RAS
References
50-277-SLR, 50-278-SLR, ASLBP 19-960-01-SLR-BD01, RAS 54926
Download: ML19107A462 (9)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. Sue H. Abreu In the Matter of Docket Nos. 50-277-SLR and 50-278-SLR EXELON GENERATION COMPANY, LLC ASLBP No. 19-960-01-SLR-BD01 (Peach Bottom Atomic Power Station, Units 2 April 17, 2019 and 3)

ORDER (Granting Joint Motion for Transcript Corrections)

On April 15, 2019 the NRC Staff, Beyond Nuclear, Inc., and Exelon Generation Company, LLC filed a joint motion that certain corrections be made to the Transcript of the March 27, 2019 oral argument concerning contention admissibility. 1 Given that all parties agree on the proposed corrections, and after considering the proposed corrections, the Board adopts those corrections. 2 The Transcript of the oral argument held on March 27, 2019 is hereby revised per Appendix A to this order.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 17, 2019 1

Joint Motion for Correction of the Transcript of the Oral Argument Held on March 27, 2019 (Apr. 15, 2019) [hereinafter Joint Motion].

2 The proposed corrections location at Page 112, Line 112 in Joint Motion Attachment 1 has been corrected to Page 112, Line 16.

APPENDIX A CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 27, 2019 (DOCKET NOS. 50-277-SLR AND 50-278-SLR)

Page Line From To Speaker Global 10CFR 10 CFR 4 5 Exelon Generation Exelon Generation Judge Gibson Company LLC Company, LLC 8 9 Regulatory Commission Nuclear Regulatory Judge Gibson Commission 15 1 And your first you make And your first point you Judge Gibson make 16 11 Of is it Or is it Judge Kennedy 20 8 US U.S. Lewis 23 20 curious is you curious if you Judge Kennedy 28 15 series of question series of questions Judge Kennedy 29 16 of OE is that is of international OE that Lewis is 29 23 states, The states, The Lewis 30 2 and structures. and structures. Lewis 30 12 lead into that Limit it to that Lewis 30 13 we shared we share Lewis 31 13 really did related Lewis 32 6 20CFR 5071 10 CFR 50.71 Gamin 32 24 program, its in program in Lewis 32 25 dispute. dispute -- Lewis 33 8 a radiation effects irradiation effects Lewis 33 19 is water if water Lewis manholes manholes 34 7 meets it meets its Lewis 34 8 fission monitoring condition monitoring Lewis 34 14 if heard if I heard Judge Kennedy 35 21 the, in the the language in the Curran

37 20 period extended period of extended Judge Kennedy 38 24 were fall were falling Lewis 39 21 BW-1s BWR-1s Lewis 41 8 US U.S. Judge Abreu 41 12 they are there are Lewis 42 17 concern concerns Judge Abreu 42 18 struggling is struggling with is Judge Abreu 43 11 those question those questions Curran 46 10-11 this Appendix A Appendix A Curran 48 17 paragraph, The paragraph, The Curran 48 19 examples, examples, Curran 48 20 of how of how Curran 47 7 those programs. those programs. Curran 49 15 Us, U.S., Judge Kennedy 49 20 US U.S. Curran 49 22 US U.S. Curran 50 2 US U.S. Curran 52 5 8.1.6 A.1.6 Lewis 54 15 2802 2.802 Gamin 56 13 its its Lewis 57 7 intervener intervenor Curran 60 25 It in aging It is in aging Curran 62 15 nobody us nobody is Curran 67 4 intervener intervenor Curran 67 8 intervener intervenor Curran 68 21 we can they can Curran 71 21 54.21d 54.21(d) Curran 74 7 upper shell of energy upper-shelf energy Lewis 74 24 fluence and BWRs fluence than BWRs Lewis 75 6 known at known as Lewis 80 10 KENNEDY GIBSON Judge Gibson 80 19 KENNEDY GIBSON Judge Gibson 80 25 KENNEDY GIBSON Judge Gibson

81 7 KENNEDY GIBSON Judge Gibson 81 12 KENNEDY GIBSON Judge Gibson 81 19 KENNEDY GIBSON Judge Gibson 81 23 KENNEDY GIBSON Judge Gibson 81 24 says if says, if Curran 82 1 SSEs SSCs Curran 82 5 effective. effective. Curran 92 10 Subsequently Subsequent Judge Gibson 96 17 Domestic and domestic and Gamin International international 96 18 Operating Experience operating experience Gamin 96 23 degradation in degradation and Gamin 97 8 show stoppers showstoppers Gamin 98 15 says: Another says: Another Curran 98 16 SRP-LR, SRP-LR, Curran 98 17 Renewal, and Renewal, and Curran 99 4 Element 10. Element 10. Curran 99 5 onto say: The on to say: The Curran 99 14 of aging. of aging. Curran 99 16 our reply your reply Judge Gibson 99 17 here: The here: The Judge Gibson 100 1 experience. experience. Judge Gibson 103 2 that Beyond that, Beyond Judge Kennedy 103 3 thats identified that Judge Gibson Judge Kennedy identified 103 16 conditioned monitoring condition monitoring Lewis 104 1 our a Lewis 105 9 Well, the One of the ten Lewis 106 21 have check have to check Gamin 109 21 pretty it sure pretty sure Lewis 110 16 taking it out take it out Judge Gibson 110 17 autopsy an autopsy Judge Gibson 111 6 have to some have to do some Curran 112 16 type. or type or Judge Abreu

114 17 I just You just Judge Gibson 119 7 th the Curran 122 1 a condition the condition Curran 124 24 amount of Office of amount of Judge Abreu 127 11 things s things as Judge Abreu 127 24 unformed uninformed Lewis 128 8 Everyone Every one Lewis 129 22 how can continuous how continuous Curran 129 23 feedback in feedback be in Curran 130 11 external experience external operating Judge Abreu operating 141 25 Im sorry Im terribly sorry Judge Gibson 143 7 reason. reason. So. Judge Gibson 146 3 be come become Curran 147 22 comment: The comment: The Gamin 148 4 every year. every year. Gamin 153 25 cant cant Curran 156 12 needs changed, needs change, Curran 159 14 in to into Curran 159 15 really likely really is likely Curran 163 1 get the get to the Curran 163 15 in EIS in an EIS Curran 163 16 renewal of GEIS renewal GEIS Curran 165 10 quote, determine quote, determine Curran 165 11 valid. valid. Curran 167 9 quote, throughout the quote, throughout the Lewis revised GEIS revised GEIS 167 10 GEIS, the GEIS, the Lewis 167 11 of 40. of 40. Lewis 167 14 This is, Ms. Currans And as Ms. Curran said Lewis then in 168 19 renewal judged renewal are judged Lewis 168 21 increase at risk increase in risk Lewis 169 14 build up build-up Lewis

170 10 exclusively explicitly Lewis 171 16 burn-up rates burn-up, uprates Lewis 171 21 extended power-up rate extended power uprate Lewis 172 5 Thank God Im glad Lewis 172 5 it too the two Lewis 172 22 Now only Not only Young 173 1 determinations Category determinations on Young 1 and Category issues Category 1 and Category 2 issues 174 19 COR-17-00 CLI-17-00 Curran 175 8 notice we notice if we Curran 177 4 And EIS An EIS Curran 177 10 as concerned as concerns Curran 177 16 follows: Beyond follows: Beyond Judge Gibson 177 21 operation. operation. Judge Gibson 177 25 Finally Finally Judge Gibson 178 5 term. term. Judge Gibson 181 10 accident accidents Curran 183 12 that something that there is something Lewis 183 13 risk risks Lewis 183 18 the power need for power Lewis 183 19 51.53.(c)(3) 51.53(c)(3) Lewis 185 7 JUDGE KENNEDY JUDGE GIBSON Judge Gibson 188 18 in contention in a contention Curran 188 23 recovered by covered by Curran 189 17 Its cracked Its correct Lewis 190 24 So challenge So to challenge Lewis 191 4 not challenges. not challenged. Lewis 192 21 Judge Abreu Dr. Abreu Judge Gibson 194 23 upper shelf energy upper-shelf energy Lewis 194 25 to how to show Lewis 195 2 of these that these Lewis 195 16 says, the says, the Lewis 195 21 initiated event initiating event Lewis

195 22 frequency. frequency. Lewis 195 23 concludes, the concludes, the Lewis 196 5 change. change. Lewis 198 12 decline declined Young 198 13 Issues that issues, that Young 198 20 that at Young 198 23 in particular identified that particularly Young identified 198 24 to. Domestic to, domestic Young 199 7 2014 no need 2014, no need Young 199 11 people from staff people from--staff Young 199 18 up that up, that Young 199 19 show stoppers showstoppers Young 200 4 a current the current Young 200 7 permitting implementing Young 200 8 deteriorations deterioration Young 200 14 GAL-SLR GALL-SLR Young 200 16 aware that in Aware that, in Young 200 21 impacts. They impacts, they Young 203 12-13 show stoppers showstoppers Curran 204 12 a place the place Young 205 5 In In the Young 207 8 2.309(f)(6) 2.309(f)(1)(vi) Judge Gibson 210 2 licencing licensing Curran 210 14 2.309(f)(6) 2.309(f)(1)(vi) Lewis 211 20 still exist. They still exist, they Lewis 212 20 BWR BWRs Lewis 213 12 we got weve got Gamin 214 15 accidents which is a accidents, which is a Young category 1 issue category 1 issue, 215 3 contention contentions Young 215 4 this grievance its grievances Young

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

EXELON GENERATION COMPANY, LLC ) Docket Nos. 50-277 and 50-278-SLR

)

(Peach Bottom Atomic Power Station )

Units 2 and 3)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting Joint Motion for Transcript Corrections) 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-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Tison Campbell, Esq.

Michael M. Gibson, Chair Kayla Gamin, Esq.

Administrative Judge Brian Harris, Esq.

David Roth, Esq.

Dr. Michael F. Kennedy Jennifer Scro, Esq.

Administrative Judge Rebecca Susko, Esq.

Mitzi Young, Esq.

Dr. Sue H. Abreu Krupskaya Castellon, Paralegal Administrative Judge E-mail: tison.campbell@nrc.gov kayla.gamin@nrc.gov Joseph McManus, Law Clerk brian.harris@nrc.gov Taylor Mayhall, Law Clerk david.roth@nrc.gov Molly Mattison, Law Clerk jennifer.scro@nrc.gov rebecca.susko@nrc.gov E-mail: michael.gibson@nrc.gov mitzi.young@nrc.gov michael.kennedy@nrc.gov krupskaya.castellon@nrc.gov sue.abreu@nrc.gov joseph.mcmanus@nrc.gov taylor.mayhall@nrc.gov Exelon Generation Company, LLC molly.mattison@nrc.gov Donald Ferraro, Esq.

Assistant General Counsel 200 Exelon Way, Suite 305 Kennett Square, PA 19348 E-mail: donald.ferraro@exeloncorp.com

Peach Bottom, Units 2 & 3, Docket Nos. 50-277 & 50-278-SLR ORDER (Granting Joint Motion for Transcript Corrections)

Counsel for Beyond Nuclear Counsel for Exelon Diane Curran, Esq. Pillsbury Winthrop Shaw Pittman LLP Harmon, Curran, Spielberg and Eisenberg David Lewis, Esq.

1725 DeSales Street NW, Suite 500 Anne Leidich, Esq.

Washington, DC 20036 1200 17th St. NW E-mail: dcurran@harmoncurran.com Washington, DC 20036-3006 E-mail: david.lewis@pillsburylaw.com anne.leidich@pillsburylaw.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 17th day of April, 2019 2