ML19127A168

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Transcript of May 3, 2019 Teleconference
ML19127A168
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 05/03/2019
From:
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-277-SLR, 50-278-SLR, ASLBP 19-960-01-SLR-BD01, RAS 54966
Download: ML19127A168 (9)


Text

Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Exelon Generation Company Docket Number:

50-277-SLR and 50-278-SLR ASLBP Number:

19-960-01-SLR-BD01 Location:

teleconference Date:

Friday, May 3, 2019 Work Order No.:

NRC-0337 Pages 219-226 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

219 UNITED STATES OF AMERICA 1

NUCLEAR REGULATORY COMMISSION 2

+ + + + +

3 ATOMIC SAFETY AND LICENSING BOARD PANEL 4

+ + + + +

5 HEARING 6


x 7

In the Matter of: : Docket No.

8 EXELON GENERATION COMPANY : 50-277-SLR 9

50-278-SLR 10 (Peach Bottom Atomic Power : ASLBP No.

11 Station Units 2 and 3) : 19-960-01-SLR-BD01 12


x 13 Friday, May 3, 2019 14 15 Teleconference 16 17 BEFORE:

18 MICHAEL M. GIBSON, Chair 19 MICHAEL F. KENNEDY, Administrative Judge 20 SUE H. ABREU, Administrative Judge 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

220 APPEARANCES:

1 2

On Behalf of Exelon Generation Company, LLC:

3 DAVID LEWIS, ESQ.

4 ANNE LEIDICH, ESQ.

5 of:

Pillsbury Winthrop Shaw Pittman LLP 6

1200 17th Street, N.W.

7 Washington, DC 20036-3006 8

david.lewis@pillsburylaw.com 9

and 10 DONALD FERRARO, ESQ.

11 Assistant General Counsel 12 Exelon Generation Company, LLC 13 200 Exelon Way, Suite 305 14 Kennett Square, Pennsylvania 19348 15 donald.ferraro@exeloncorp.com 16 17 On Behalf of Beyond Nuclear:

18 DIANE CURRAN, ESQ.

19 of:

Harmon, Curran, Spielberg and Eisenberg 20 1725 DeSales Street NW, Suite 500 21 Washington, D.C. 20036 22 dcurran@harmoncurran.com 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

221 On Behalf of the Nuclear Regulatory Commission:

1 MITZI YOUNG, ESQ.

2 KAYLA GAMIN, ESQ.

3 REBECCA SUSKO, ESQ.

4 of:

Office of the General Counsel 5

Mail Stop - O-14A44 6

U.S. Nuclear Regulatory Commission 7

Washington, D.C. 20555-0001 8

301-287-9234 9

kayla.gamin@nrc.gov 10 mitzi.young@nrc.gov 11 rebecca.susko@nrc.gov 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

222 P R O C E E D I N G S 1

10:30 A.M.

2 JUDGE GIBSON: Okay great. Good morning, 3

this is Judge Gibson; our court reporter is on the 4

line; is that correct?

5 COURT REPORTER: Yes sir.

6 JUDGE GIBSON: Good. We are here today on 7

a teleconference following Beyond Nuclears amended 8

hearing request and petition to intervene in docket 9

number 50-277/278-SLR. This matter concerns Exelons 10 application to the United States Nuclear Regulatory 11 Commission for a subsequent renewal of its license to 12 operate the Peach Bottom Atomic Power Station in York 13 County, Pennsylvania. Id like to begin today by 14 introducing the members of the board and our law 15 clerks. On the phone with me are Judge Sue Abreu and 16 Judge Mike Kennedy, and joining with us are two law 17 clerks, Taylor Mayhall and Molly Madison. Now I would 18 like the parties to introduce themselves, beginning 19 first with counsel for Beyond Nuclear.

20 MS. CURRAN: Good morning, this is Diane 21 Curran, counsel for Beyond Nuclear.

22 JUDGE GIBSON: And for Exelon?

23 MR. LEWIS: Good morning, this is David 24 Lewis, counsel for Exelon.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

223 MR. FERRARO: And this is Donald Ferraro 1

for Exelon as well.

2 JUDGE GIBSON: Thank you.

3 MS. LEIDICH: And this is Anne Leidich 4

from Pillsbury representing Exelon.

5 JUDGE GIBSON: Thank you. And for the 6

Nuclear Regulatory Commission staff? Is the Nuclear 7

Regulatory Commission staff counsel present?

8 MS. YOUNG: Good morning, its Mitzi Young 9

representing the NRC staff, and with me is Kayla 10 Gamin, and we have the project manager with us, the 11 safety project manager, Bennett Brady.

12 JUDGE GIBSON: Okay. Did I miss anyone?

13 Hearing none, the reason for this conference is very 14 simple; rather than address Beyond Nuclears motion to 15 amend by itself, the Board would like both the NRC 16 staff and Exelon to address the--just a second--the 17 motion to amend and to enter the substantive merits of 18 Beyond Nuclears claim seeking to buttress the basis 19 for the contentions that are pending before us. Now, 20 we looked over Beyond Nuclears pleading; its quite 21 short and apparently it only concerns at most two 22 related documents. So with that, let me begin with 23 Exelon. How much time will you need to file your 24 opposition and answer to this?

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

224 MR. LEWIS: This is David Lewis. We 1

havent decided; I think we could do it quickly. I 2

mean, we have 25 days under the Rules, so if I-3 JUDGE GIBSON: Correct.

4 MR. LEWIS: --I think we can do it within 5

10.

6 JUDGE GIBSON: 10, okay, very well. NRC 7

staff, can you do yours within 10?

8 MS. YOUNG: Yes Judge Gibson, we could.

9 JUDGE GIBSON: Okay. And Ms. Curran, you 10 normally would have seven days; are you going to need 11 the full seven, or can you do your reply in less than 12 that?

13 MS. CURRAN: Lets see. 10 days, if 14 everyone takes--Im going to be out of the office this 15 coming week, so I hope everybody takes their full 10 16 days. Once I get back, I think I could do it in 17 three.

18 JUDGE GIBSON: Okay. Very well.

19 MS. CURRAN: If I--Judge Gibson, if I need 20 more than three and I just let you know, Im assuming 21 that this will be pretty simple but if it gets 22 complicated, Ill let you know if I need more time.

23 JUDGE GIBSON: Okay. Okay, so were 24 looking at 10 business days from now is the 17th, and 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

225 three business days from that would be the 22nd, 1

right?

2 MS. CURRAN: Yes.

3 JUDGE GIBSON: Very well. Okay well be 4

getting a scheduling order out to that effect, and 5

that was the purpose of this call. Let me ask while 6

weve got everybody on the line, is there anything 7

else we need to address this morning?

8 MS. CURRAN: Not from Beyond Nuclear.

9 MR. FERRARO: Nothing from Exelon, Judge 10 Gibson. I wasnt quite sure what you were saying at 11 the beginning about the scope of our responses; I 12 presume were just providing a normal response to a 13 motion to amend the contentions of--I think you said 14 something about addressing it substantively?

15 JUDGE GIBSON: Yes, just basically the 16 same way you would do any answer to a petition, but as 17 well you need to address the good cause issue, so.

18 MR. FERRARO: I understand that, thank you 19 for the clarification.

20 JUDGE GIBSON: Yes okay, very well. So 21 well be getting the answers in on the 17th and the--

22 Beyond Nuclears reply on the 22nd; is that correct?

23 MS. CURRAN: Yes.

24 MR. FERRARO: Yes.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433

226 JUDGE GIBSON: Okay, very well. Well I 1

hope you all have a wonderful weekend, and thank you 2

very much for your time, and we will stand adjourned.

3

[Whereupon, the proceedings were concluded 4

at 10:37 a.m.]

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433