ML20244A321
| ML20244A321 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/31/2020 |
| From: | Curran D C-10 Research & Education Foundation, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-443-LA-2, ASLBP 17-953-02-LA-BD01, LBP-20-09, RAS 55777 | |
| Download: ML20244A321 (5) | |
Text
August 31, 2020 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
NextEra Energy Seabrook, LLC ) Docket No. 50-443 (Seabrook Station, Unit 1) )
_____________________________________)
C-10 RESEARCH AND EDUCATION FOUNDATIONS MOTION FOR PARTIAL RECONSIDERATION AND MOTION TO RE-OPEN THE RECORD FOR CONSIDERATION OF SUPPLEMENTAL TESTIMONY REGARDING LICENSE CONDITIONS IN LBP-20-09 I. INTRODUCTION Pursuant to 10 C.F.R. §§ 2.32(e) and 2.345, C-10 Research and Education Foundation (C-10) hereby requests the Atomic Safety and Licensing Board (ASLB) to reconsider the four License Conditions imposed in LBP-20-09, the ASLBs Initial Decision (Ruling on the Reformulated Contention) (Aug. 21, 2020). Id., slip op. at 193. C-10 respectfully submits that the License Conditions must be amended because they currently lack sufficiently specific terms for ensuring timely and reliable detection of unacceptable development of internal cracks caused by Alkali Silica Reaction (ASR) in concrete structures at the Seabrook nuclear power plant.
Greater clarity of certain qualitative and otherwise undefined terms in these license conditions is needed in order to ensure accountability in ASR monitoring and enforcement of NextEra Energy Seabrook LLCs (NextEras) ASR monitoring program and thereby provide adequate assurance that public health and safety will be protected from the risks posed by ASR-affected safety structures, as required by the Atomic Energy Act and U.S. Nuclear Regulatory Commission (NRC) regulations.
C-10 also moves to re-open the record of the proceeding to admit the attached Supplemental Testimony of Victor E. Saouma, Ph.D Regarding License Conditions in LBP 09 (Aug. 28, 2020) (Exhibit INT052) (Proprietary).1 In his testimony, Dr. Saouma explains the problems raised by undefined terms in the license conditions, describes the parameters that should be addressed, and proposes language for amending the license conditions. Dr. Saouma Supplemental Testimony is hereby adopted and incorporated herein by reference.2 II. THIS MOTION SATISFIES THE NRCS STANDARDS FOR RECONSIDERATION AND RE-OPENING THE RECORD.
A. This Motion Satisfies the NRCs Standard for Reconsideration.
The NRC has two virtually identical regulations that govern motions for reconsideration, 10 C.F.R. §§ 2.323(e) and 2.345(b). Both standards require a showing of compelling circumstances, such as the existence of a clear and material error in a decision, which could not have reasonably been anticipated, that renders the decision invalid. In addition, both regulations require that requests for reconsideration must be submitted within ten days of the decision.
Section 2.323(e) contains one distinct requirement, that the movant to seek leave to file a Motion for Reconsideration from the Presiding Officer.3 C-10 satisfies the NRCs standard for reconsideration in several respects. First, C-10 is filing this motion within ten days of issuance of LBP-20-09.
1 Subsequent to this filing, C-10 intends to consult with NextEra on whether Dr. Saoumas Supplemental Testimony can be released publicly in its entirety or in redacted form.
2 C-10 incorporates Dr. Saoumas Supplemental Testimony by reference for the purpose of avoiding the need to submit this Motion as a confidential proprietary document. By filing this Motion on the NRCs public hearing docket, C-10 can keep its members and the general public more fully and timely informed of its response to LBP-20-09.
3 C-10s Motion for Leave to File Motion for Reconsideration is attached.
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Second, the concerns presented in Dr. Saoumas Supplemental Testimony regarding the adequacy of the License Conditions in LBP-20-09 are clear and compelling because C-10 could not have addressed them earlier in the proceeding and because they bear on the adequacy of LBP-20-09 to ensure that NextEras monitoring program for Seabrook will adequately protect public health and safety for the next 30 years.
- 1. C-10 could not have addressed the inadequacies of the License Conditions earlier in the proceeding C-10 had no prior opportunity to address the adequacy of the License Conditions because they did not exist before the issuance of LBP-20-09. Thus, C-10 could not reasonably have anticipated them or what they would contain. While C-10 anticipated and indeed sought a ruling by the ASLB that NextEras License Amendment Request (LAR) did not satisfy NRCs safety standards, it could not have anticipated that the ASLB would issue such a ruling and then seek to resolve the LARs deficiencies by imposing new license conditions on NextEra. Nor could C-10 have anticipated the inconsistencies between the observations and holdings in LBP-20-09 with the content of the License Conditions which are discussed in Dr. Saoumas Supplemental Testimony.
- 2. The concerns raised in Dr. Saoumas Supplemental Testimony are compelling.
In addition, the issues discussed in Dr. Saoumas Supplemental Testimony are compelling because they present clear and material errors in the ASLBs reasoning with respect to the composition of the License Conditions. 10 C.F.R. §§ 2.323(e), 2.345(b). In particular, while LBP-20-09 notes the importance of limiting NextEras discretion, as well as the lack of regulatory standards or guidance for monitoring ASR, the License Conditions contain provisions that give NextEra excessive and unnecessary degree of discretion in in interpreting 3
the results of its ASR monitoring program. C-10 respectfully submits that without strengthening and clarification, these License Conditions would render the [ASLBs] decision invalid. 10 C.F.R. §§ 2.323(e), 2.345(b). The proposed changes are also needed to make the License Conditions consistent with the general reasoning of LBP-20-09.
B. This Motion Satisfies the NRCs Standard for Re-Opening the Record.
C-10 also satisfies the NRCs standard for re-opening the record in 10 C.F.R. §§ 2.326(a) and (b). First, as required by 10 C.F.R. § 2.326(a)(1), this motion and Dr. Saoumas Supplemental Testimony are timely because they are being filed within ten days of the issuance of LBP-20-09.
Second, as required by 10 C.F.R. § 2.326(a)(2), this motion and Dr. Saoumas Supplemental testimony raise a significant safety or environmental issue, because they address the inadequacy of the ASLBs License Conditions to protect public health and safety throughout the term of Seabrooks extended operating license, and propose specific language to remedy those deficiencies. See the attached Declaration of Victor E. Saouma, Ph.D in Support of C-10 Research and Education Foundations Motion to Re-open the Record (Aug. 28, 2020) (Saouma Declaration).
Third, as required by 10 C.F.R. § 2.326(a)(3), as also demonstrated in Dr. Saoumas Declaration, consideration of Dr. Saoumas Supplemental Testimony and his proposed changes to the License Conditions will result in a decision that is materially different because if Dr.
Saoumas proposed changes are adopted, NextEras monitoring program will contain License Conditions that are more specific and provide NextEra with less discretion, thereby increasing NextEras accountability and the NRC Staffs effectiveness in enforcing the License Conditions.
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As a result, the level of protection of public health and safety will be substantially increased to a level of adequacy.
Finally, as required by 10 C.F.R. § 2.326(b), this Motion is supported by the attached Saouma Declaration.
III. CONCLUSION For the foregoing reasons, the ASLB should grant C-10s Motion for Partial Reconsideration of LBP-20-09 and re-open the record to consider the Supplemental Testimony of Dr. Victor E. Saouma Regarding LBP-20-09.
Respectfully submitted,
__/signed electronically by/___
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com August 31, 2020 5