ML21054A212
| ML21054A212 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 02/23/2021 |
| From: | Lodge T Beyond Nuclear, Don't Waste Michigan, Law Offices of Terry Jonathan Lodge, Michigan Safe Energy Future |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-255-LT, 72-007-LT, License Transfer, NRC-2021-0036, RAS 55983 | |
| Download: ML21054A212 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket No. 50-255 NRC-2021-0036 Entergy Nuclear Operations, Inc., Entergy )
Nuclear Palisades, LLC, Holtec February 23, 2021 International, and Holtec Decommissioning )
International, LLC
)
(Palisades Nuclear Plant)
)
MOTION TO EXTEND DEADLINES FOR FILING OF INTERVENTION PETITIONS AND PUBLIC COMMENTS IN PALISADES LICENSE TRANSFER PROCEEDING Now come Dont Waste Michigan, a nonprofit Michigan organization; Beyond Nuclear, a Maryland-based nonprofit organization; and Michigan Safe Energy Future, a western-Michigan based grassroots organization (Petitioners), by and through counsel, and move the Secretary and Commission to extend the time in this proceeding for the filing of legal pleadings for 60 days beyond the present February 24, 2021 deadline, and to extend the time for transmittal of public comments related to the proposed license transfer to 60 days beyond the present, March 8, 2021, comment deadline.
I. BACKGROUND On February 4, 2021, the Nuclear Regulatory Commission (NRC or Commission) published a notice at 86 Fed. Reg. 8226 regarding the opportunity for the public to commence litigation before the Nuclear Regulatory Commission related to the application of Entergy Nuclear Operations, Inc. (ENOI), on behalf of itself, Entergy Nuclear Palisades, LLC (ENP),
Holtec International (Holtec), and Holtec Decommissioning International, LLC (HDI)
(collectively, Applicants) for approval of the transfer of control of Provisional Operating License No. DPR-6 and Renewed Facility Operating License No. DPR-20 for Big Rock Point Plant (Big Rock Point) and Palisades Nuclear Plant (Palisades), respectively, as well as the general license for the Big Rock Point Independent Spent Fuel Storage Installation (ISFSI) and the Palisades ISFSI (collectively, the licenses).
The application requests that the NRC consent to (1) the transfer of control of the licenses to Holtec and (2) the transfer of ENOIs operating authority to HDI. The NRC is also considering amending the licenses for administrative purposes to reflect the proposed transfer. The transfer is part of the process aimed at installing Holtec and its subsidiaries in charge of the multi year decommissioning of the Palisades Nuclear Plant and ISFSI.
The NRCs public notice allowed only until February 24, 2021 for the filing of intervention petitions by members of the public, and until March 8, 2021 for the transmittal of public comments on the proposal. However, Petitioners have discovered circumstances delineated below and in the attached Declaration of Michael Keegan which they believe justifies an order from the NRC Secretary or the Commission for leave to file legal pleadings on or before April 25, 2021 and for public comments to be submitted on or before May 7, 2021.
II. VOLUMINOUS HISTORIC DOCUMENTS RECENTLY ADDED TO ADAMS At least 982, and possibly more than 1,000, documents 25 years or older and related to the Palisades Nuclear Plant have been placed for the first time in the NRCs ADAMS online archive since January 12, 2021. Annexed to this Motion and incorporated fully herein by reference is the Declaration of Michael Keegan, principal researcher for the Petitioners. Mr.
Keegan attests to his many years of familiarity with the conducting of searches in the ADAMS archive, and states that an inventory search he undertook on February 22, 2021 revealed that since January 12, 2021, the NRC has added 1,000 or more documents to ADAMS regarding Palisades, and that some 98% of these documents are 25 or more years old. Only 18 of the 1,000 reported by the ADAMS system since January 12 were generated in late 2020 through early 2021.
This archival material is potentially important to the publics understanding of how several significant matters have been handled over the years at Palisades. The documents relate to problems with dry cask storage activities at Palisades, to toxic or radioactive spills at the reactor site, and other matters which may have direct relevance to understanding the decommissioning plans and priorities set out by Holtec International and HDI in the Palisades Post-Shutdown Decommissioning Activities Report (PSDAR), a key item in the license transfer request.
It is incomprehensible how these archives have been withheld from public view until now. Some of the information might certainly have been material to Holtec Internationals decision to acquire Palisades. Much of the information may be highly relevant to the publics investigation of Holtecs decommissioning proposal and the contentions which might be legally raised. Also, counsel represents that the Attorney-General of the State of Michigan is considering whether to formally intervene, and this information certainly might have significance for that offices concerns about the economics of Holtecs decommissioning proposal. The fact that hundreds of quarter-century-old correspondence items and reports are only now being added to ADAMS, days before the publics only opportunity to question decommissioning plans, is inexcusable and deprives the public of due process. Public interventions such as are contemplated by the Petitioners often result in beneficial public health, safety and environmental improvements to a licensing request.
III. CONCLUSION In order to avoid denial of due process, serious injustice and prejudice to the publics interest in these proceedings, and to allow time to cure the damaging effects from belatedly providing this voluminous information, Petitioners move the NRC Secretary and Commission to immediately extend time for petition filing 60 days, until April 25, 2021, and to extend the public comment period for 60 days, until May 7, 2021.
WHEREFORE, Petitioners Beyond Nuclear, Dont Waste Michigan and Michigan Safe Energy Future pray the Secretary and/or Commission to extend deadlines as aforesaid, together with any other adjustments to the conduct of these proceedings for the benefit of public participation which the Secretary and/or Commission may deem proper.
February 23, 2021 /s/ Terry J. Lodge Terry J. Lodge, Esq.
316 N. Michigan St., Suite 520 Toledo, OH 43604-5627 (419) 205-7084 tjlodge50@yahoo.com lodgelaw@yahoo.com Counsel for Petitioners CERTIFICATE OF SERVICE I hereby certify that on February 23, 2021, I deposited the foregoing Motion in the NRCs electronic docket of this proceeding and that according to the protocols of that system, it would be automatically transmitted to all parties of record registered to receive electronic service.
/s/ Terry J. Lodge Terry J. Lodge, Esq.
Counsel for Petitioners