ML20100K256
| ML20100K256 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 04/09/2020 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| 52-025-ITAAC, ITAAC, RAS 55638 | |
| Download: ML20100K256 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Southern Nuclear Operating Company, Inc. Docket No.52-025 (Vogtle Electric Generating Plant, Unit 3)
ORDER In response to a Federal Register notice announcing the schedule for initial fuel loading of Vogtle Unit 3 and the associated opportunity for hearing on conformance with acceptance criteria in the combined license, Nuclear Watch South requests an extension of the hearing request deadline.1 Nuclear Watch South seeks extensions of the deadlines for hearing requests and applications for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or Safeguards Information (SGI) to 60 days from the official lifting of the national COVID-19 emergency.2 The NRC Staff and Southern Nuclear Operating Company, Inc. (on behalf of the licensed owners of Unit 3) oppose the request for an open-ended delay, although the Staff does not object to a seven-day extension of the hearing request deadline.3 1 Vogtle Electric Generating Plant, Unit 3; Hearing Opportunity Associated with Inspections, Tests, Analyses, and Acceptance Criteria, 85 Fed. Reg. 8030 (Feb. 12, 2020) (Vogtle Notice of Intended Operation and Associated Orders); Nuclear Watch Souths Request for Extension of Filing Deadline and Request for Expedited Consideration (Apr. 3, 2020) (Extension Request).
2 Extension Request at 1.
3 NRC Staff Answer to Request for Extension of Time from Nuclear Watch South (Apr. 7, 2020),
at 13-14; Licensees Answer Opposing Nuclear Watch Souths Motion for Extension of Filing Deadline and Request for Expedited Consideration (Apr. 7, 2020), at 2.
The Commission set forth the requirements for extension requests in the Vogtle Notice of Intended Operation and Associated Orders, which were based on a template published in the Federal Register in 2016.4 As the Staff noted, the deadline for requesting access to SUNSI or SGI was February 24, 2020, and Nuclear Watch South did not explain why it missed this deadline. Pursuant to my authority under 10 C.F.R. § 2.346(c), I deny the request related to SUNSI and SGI access.
With respect to the extension for hearing requests, good cause exists to extend the deadline for Nuclear Watch South by seven days in light of the COVID-19-related impacts that it has identified in its Extension Request. Accordingly, pursuant to my authority under 10 C.F.R.
§ 2.346(b), I grant Nuclear Watch South a seven-day extension of the hearing request deadline so that its hearing request must be filed on or before April 20, 2020.
For the Commission NRC SEAL Annette L. Digitally signed by Annette L.
Vietti- Vietti-Cook Date: 2020.04.09 Cook 15:01:58 -04'00' Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 9th day of April 2020.
4 Vogtle Notice of Intended Operation and Associated Orders, 85 Fed. Reg. at 8036-37 (citing Final Procedures for Conducting Hearings on Conformance with the Acceptance Criteria in Combined Licenses, 81 Fed. Reg. 43,266 (July 1, 2016)).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Southern Nuclear Operating Company ) Docket No. 52-025-ITAAC
)
(Vogtle Electric Generating Plant, Unit 3) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Ruling on Nuclear Watch South Extension Request) 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 General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov Jody C. Martin, Esq.
Michael A. Spencer, Esq.
Olivia J. Mikula, Esq.
Atomic Safety and Licensing Board Panel Kevin C. Roach, Esq.
U.S. Nuclear Regulatory Commission Julie G. Ezell, Esq.
Washington, DC 20555-0001 Brian P. Newell, Senior Paralegal E. Roy Hawkens, Chairman Felicia Y. Keith, Paralegal G. Paul Bollwerk, III, Administrative Judge E-mail: jody.martin@nrc.gov E-mail: roy.hawkens@nrc.gov michael.spencer@nr.gov paul.bollwerk@nrc.gov olivia.mikula@nrc.gov kevin.roach@nrc.gov julie.ezell@nrc.gov U.S. Nuclear Regulatory Commission brian.newell@nrc.gov Office of the Secretary of the Commission felicia.keith@nrc.gov Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Balch & Bingham, LLP 1710 6th Avenue North Birmingham, AL 35203 Melvin S. Blanton, Esq.
Alan Lovett, Esq.
Nick Theodore, Esq.
Peter LeJeune, Esq.
Email: sblanton@balch.com alovett@balch.com ntheodore@balch.com plejeune@balch.com
Vogtle 52-025-ITAAC ORDER (Ruling on Nuclear Watch South Extension Request)
Nuclear Watch South P.O. Box 8574 Atlanta, GA 31106 Glenn Carroll Email: atom.girl@nonukesyall.org Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave NW Washington, DC 20005 Paul M. Bessette, Esq.
Email: paul.bessette@morganlewis.com Dated at Rockville, Maryland, [Original signed by Krupskaya T. Castellon]
this 9th day of April 2020. Office of the Secretary of the Commission 2