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Category:Legal-Motion
MONTHYEARML20261H6042020-09-17017 September 2020 C-10 Research and Education Foundation'S Motion for Leave to File Reply to Oppositions to Motion for Partial Reconsideration of LBP-20-09 ML19310E6572019-11-0606 November 2019 NRC Staff'S Answer Opposing C-10'S Motion to Admit Additional Exhibit and Testimony ML19123A2092019-05-0303 May 2019 NRC Staff'S Answer to Nextera'S Motion in Limine ML17156A2782017-06-0505 June 2017 NRC Staff'S Motion for Leave to File a Sur-Reply to Nextera'S Reply to NRC Staff'S Answer to C-10's Petition for Leave to Intervene ML17142A2812017-05-22022 May 2017 NRC Staff Motion to Strike Portions of C-10's Reply ML17142A2822017-05-22022 May 2017 Motion to Strike - Attachment a ML15209A7432015-07-28028 July 2015 Motion to Withhold or Withdraw Final Environmental Impact Statement Pending Renewed Opportunity for Comment ML14063A5332014-03-0101 March 2014 Certificate of Service for Petition to Suspend Reactor Licensing Decisions ML14063A5322014-03-0101 March 2014 Certificate of Timely Submission of Petition to Suspend Reactor Licensing Decisions ML14063A5312014-02-27027 February 2014 Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures ML13140A1392013-05-20020 May 2013 NRC Staff Motion for Extension of Time of File Answers to Nextera Motions for Summary Disposition of Contentions 4B & 4D ML13130A2152013-05-10010 May 2013 Nextera'S Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling) ML13130A2142013-05-10010 May 2013 Nextera'S Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4B (SAMA Analysis Source Terms) ML13122A4632013-05-0202 May 2013 Joint Motion on Timing of Summary Disposition Motions ML12270A0602012-09-26026 September 2012 Corrected Friends/Nec Exhibit 2, Seabrook Alkali-Silica Reaction Issue Technical Team Charter ML12270A0612012-09-26026 September 2012 Correction to Supplement to Friends of the Coast and New England Coalition Petition for Leave to File a New Contention Regarding NextEra Energy Seabrook License Renewal Application Structures Monitoring Program Supplement-Alkali-Silica Reac ML12265A4102012-09-21021 September 2012 Friends of the Coast and New England Coalition'S Motion (with September 19, 2012) Corrections for Leave to File a New Contention Concerning Nextera Energy Seabrook'S Amendment of Its Aging Management Program for Safety-Related Concrete Stru ML12265A3942012-09-21021 September 2012 Supplement to Friends of the Coast & New England Coalition'S Motion for Leave to File New Contention Re NextEra Energy Seabrook'S Amendment of Its Aging Management Program for Safety-Related Concrete Structures ML12265A3862012-09-21021 September 2012 Joint Motion to Modify Initial Scheduling Order ML12265A3962012-09-21021 September 2012 Friends/Nec Exhibit Two: Request for Additional Information for the Review of the Seabrook Station, License Renewal Application - Set 19 ML12265A3972012-09-21021 September 2012 Corrections & Supplement to Friends of the Coast & New England Coalition Petition for Leave to File a New Contention ML12265A3932012-09-14014 September 2012 Friends/Nec Exhibit Three: Request for Additional Information for the Review of the Seabrook Station, License Renewal Application - Set 19 ML12265A3982012-09-13013 September 2012 Friends/Nec Exhibit 4: Union of Concerned Scientists Requests That NextEra Begin a Systematic Conditional Assessment During Seabrook'S Refueling ML12265A3952012-09-0505 September 2012 Friend/Nec Exhibit One: Request for Deviation from Reactor Oversight Process Action Matrix to Provide Increased Oversight of Alkali-Silica Reaction Issue at Seabrook ML12191A4192012-07-0909 July 2012 Certificate of Services for Intervenors' Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1 ML12191A4182012-07-0909 July 2012 Transmittal of Intervenors' Motion for Leave to File a New Contention Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1 ML12191A4202012-07-0909 July 2012 Intervenors' Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1 ML12158A2802012-06-0505 June 2012 Beyond Nuclear, Motion for Intervention ML11312A0382011-11-0707 November 2011 Petitioners' Withdrawl of Motion of October 28, 2011 for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report ML11301A2412011-10-28028 October 2011 Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report ML11301A2422011-10-28028 October 2011 Certificate of Service for Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report ML11301A2292011-10-28028 October 2011 Joint Motion Regarding Mandatory Disclosures ML11273A1752011-09-30030 September 2011 Joint Motion to Amend the Initial Scheduling Order ML11223A3752011-08-11011 August 2011 (Beyond Nuclear, Seacoast Antipollution League, Sierra Club of Nh) Motion to Admit New Contention Regarding the Safety and Environmental Implications of the Nuclear Regulatory Commission Task Force Report on the Fukushima Dai-ichi Accident ML11223A3762011-08-11011 August 2011 (Beyond Nuclear, Seacoast Antipollution League, Sierra Club of Nh) Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report ML11223A4432011-08-11011 August 2011 (Friends of the Coast, New England Coalition) Motion to Admit New Contention Regarding Safety & Environmental Implications of Nuclear Regulatory Commission Task Force Report on Fukushima Dai-ichi Accident ML11221A1012011-08-0909 August 2011 NextEra Energy Seabrook, LLCs Motion to Amend the Initial Scheduling Order ML1113602232011-05-16016 May 2011 Answer of NextEra Energy Seabrook, LLC Opposing Motion to Permit Unauthorized Reply ML1113603952011-05-16016 May 2011 NRC Staff'S Answer to Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply ML1113603962011-05-16016 May 2011 Certificate of Service for NRC Staff'S Answer to Petitioners' Motion for Modification of the Commission'S April 19, 2011 Order to Permit a Consolidated Reply ML1112604732011-05-0606 May 2011 Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply ML1112608092011-05-0606 May 2011 Certificate of Service for Petitioners' Motion for Modification of Commission'S April 19, 2011, Order to Permit Consolidated Reply, and Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related. ML1112608102011-05-0606 May 2011 Certificate Regarding Consultation ML1112608112011-05-0606 May 2011 Petitioners' Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear Power Station Accident ML1112608122011-05-0606 May 2011 Petitioner'S Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply ML1112604762011-05-0606 May 2011 Petitioners' Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear Power Station Accident ML1112604752011-05-0606 May 2011 Certificate Regarding Consultation ML1112604742011-05-0606 May 2011 Certificate of Service for Motion for Modification of Order to Allow Reply and Certificate of Consultation ML1106805342011-03-0909 March 2011 Commonwealth of Massachusetts' Request to Participate as an Interested State ML1106801332011-03-0808 March 2011 Friends of the Coast and New England Coalition, Inc. Request for Extension of Time 2020-09-17
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September 17, 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 LEAVE TO FILE REPLY TO OPPOSITIONS TO MOTION FOR PARTIAL RECONSIDERATION OF LBP-20-09 I. INTRODUCTION Pursuant to 10 C.F.R. §§ 2.32(e), C-10 Research and Education Foundation (C-10) hereby requests the Atomic Safety and Licensing Board (ASLB) to grant it leave to file a reply to NextEras Answer Opposing C-10s Motion for Leave and Motion for Partial Reconsideration of LBP-20-9 (Sept. 10, 2020) (NextEra Answer I), NextEras Answer Opposing C-10s Motion to Reopen the Record for Consideration of Supplemental Testimony (Sept. 10, 2020)
(NextEra Answer II) and NRC Staffs Answer to C-10s Motion for Partial Reconsideration and to Reopen the Record (Sept. 10, 2020) (NRC Staff Answer). C-10 also requests leave to file the attached Ex. INT053, Rebuttal Supplemental Testimony of Victor E. Saouma, Ph.D Regarding License Conditions in LBP-20-09 (Sept. 17, 2020) (Saouma Rebuttal Supp. Test.),
which responds to technical arguments in the Affidavit of Angela Buford, Bryce Lehman, Jacob Philip, and George Thomas in Response to C-10s Motion for Partial Reconsideration and to Reopen the Record (Sept. 10, 2020) (Staff Aff.). NextEra Answer I, NextEra Answer II, NRC Staff Answer, and Staff. Aff. were filed in response to C-10s Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09 (Aug. 31, 2020) (Motion for Partial Reconsideration and
Motion to Re-Open the Record), and the supporting Supplemental Testimony of Victor E.
Saouma, Ph.D Regarding License Conditions in LBP-20-09 (Aug. 28, 2020) (Saouma Supp.
Test.).
II. DISCUSSION C-10 respectfully submits that a reply is warranted here by compelling circumstances, as required by 10 C.F.R. § 2.323(b). These circumstances are as follows:
(a) The NRC Staff agrees that reconsideration of LBP-20-09 is appropriate, responds to Dr.
Saoumas Supplemental Testimony, and proposes changes of its own to the license conditions imposed by the ASLB in LBP-20-09. The Staff also implicitly concedes the safety significance of the modification to which it agrees, by stating that LBP-20-09 would be invalid without the change. Staff Answer at 2. And the Staff cites guidance which suggests it is appropriate to allow an opportunity to comment on new license conditions before they are imposed. Staff Aff., A.6 at 4-5. These multiple concessions by the Staff demonstrate that the new license conditions are important and safety-significant measures, and that C-10s proposed changes should be considered.
(b) C-10s proposed changes are explained supported by extensive expert testimony by Dr.
Saouma including his initial proposal in INT052 and his response to criticisms by the Staff and NextEra in INT053. His testimony demonstrates that proposed changes to the license conditions are necessary for clarity and reliability. His Rebuttal Supplemental Testimony (Ex. INT053) also responds to criticisms by the NRC Staff and NextEra. Dr.
Saouma has demonstrated his extremely high level of expertise in this proceeding, and his commitment to thoroughly reviewing the record documents. He does not seek to overturn the ASLBs decision, but to ensure its effectiveness and internal consistency. As 2
he explains, his views are not merely preferences, but his considered expert opinion on what is needed to ensure the long-term effectiveness of the license conditions. In order to make a meaningful record, and in fairness to C-10, his expert opinion should be considered.
(c) Dr. Saouma is highly qualified to testify regarding the effectiveness of the ASLBs license conditions to monitor and detect the progression of Alkali-silica reaction (ASR), including establishing clarity for purposes of avoiding confusion or misinterpretation of data. In contrast, while the NRC Staff has submitted an affidavit by NRC Staff members, they do not claim expertise with respect to ASR. Instead, their claimed expertise relates only to the NRC licensing and review process. And NextEra does not offer any expert testimony or affidavit, but rather comments by its attorneys.
Thus, the Staffs and NextEras attempts to diminish the significance of Dr. Saoumas proposed changes should not be accepted without considering additional testimony by Dr.
Saouma, as presented in INT053.
(d) NextEras and the Staffs legal arguments against consideration of C-10s Motion to Reconsider and Motion to Re-open are inconsistent with LBP-20-09 and NRC Staff guidance. C-10 could not have anticipated these inconsistent arguments, and therefore in fairness should be allowed to respond to them.
(e) For the next thirty years, the license conditions will constitute the primary tool for maintaining NextEras accountability for public safety with respect to ASR. Dr.
Saoumas proposed changes to the license conditions are intended to provide a needed degree of clarity and reliability, to ensure that the license conditions will not be subject to misinterpretation. This has nothing to do with NextEras integrity or competence, but 3
with general principles of sound regulation. The proposed changes are also needed to maintain consistency with the conceptual basis for LBP-20-09. Moreover, the ASLB did not present the changes to C-10 or any other party until August 21, 2020. Given the importance of the license conditions to protection of public health and safety, and in light of the ASLBs interest in basing its decision on a complete and meaningful record, C-10 should be permitted to reply to NextEras and the Staffs Answers.
III. CONCLUSION For the foregoing reasons, the ASLB should permit C-10 to reply to the Answers filed by NextEra and the NRC Staff, and to submit Ex. INT053.
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 September 17, 2020 4
CERTIFICATE OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), I certify that on September 16, 2020, I consulted counsel for NextEra and the NRC Staff in a sincere effort to resolve the issues raised by this motion. Counsel for NextEra and the Staff stated that they would oppose this motion.
___[Signed electronically by]__
Diane Curran 5