ML22318A181

Memorandum and Order (Initial Prehearing Order)

ML22318A181
Person / Time
Site:	Three Mile Island
Issue date:	11/14/2022
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:	Epstein E - No Known Affiliation, NRC/OGC, TMI-2 Solutions
SECY RAS
References
ASLBP 23-977-02-LA-BD01, RAS 56499, 50-320-LA-2
Download: ML22318A181 (0)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:

E. Roy Hawkens, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of Docket No. 50-320-LA-2 TMI-2 SOLUTIONS, LLC ASLBP No. 23-977-02-LA-BD01 (License Amendment Request for Three November 14, 2022 Mile Island Nuclear Station, Unit 2)

MEMORANDUM AND ORDER (Initial Prehearing Order)

This proceeding concerns a February 19, 2021 request by TMI-2 Solutions, LLC (TMI-2 Solutions) to amend the existing Possession Only License (POL) for its Three Mile Island Nuclear Station, Unit 2 (TMI-2). The proposed license amendment request (LAR) seeks to revise the POL and the associated Technical Specifications (TS) to support the transition of TMI-2 from Post Defueled Monitoring Storage (PDMS) to that of a facility undergoing decommissioning. 1 In response to a hearing opportunity notice published in the Federal Register, 2 Eric Epstein filed a petition challenging the license amendment request for TMI-2 on November 3, 1

See TMI-2 Solutions. LLC; Three Mile Island Station, Unit No. 2, 87 Fed. Reg. 51,454 (Aug. 22, 2022).

2 See id.

2022. 3 On November 9, 2022, this Licensing Board was established to rule on standing and contention admissibility matters and to preside at any hearing. 4 Regarding the conduct of this proceeding, the following directives shall apply.

I. BRIEFING SCHEDULE Pursuant to 10 C.F.R. § 2.309(i), the answers of TMI-2 Solutions and the NRC Staff to Mr. Epsteins petition are due by Monday, November 28, 2022. Any reply to those answers is due by Monday, December 5, 2022.

II. ADMINISTRATIVE MATTERS A. Notice of Appearance If they have not already done so, on or before Thursday, November 17, 2022, each counsel or representative for a participant shall file a notice of appearance complying with the requirements of 10 C.F.R. § 2.314(b) via the agencys E-Filing system. 5 Each notice of appearance should include (in addition to a business address and telephone number for the counsel or representative) an email address.

B. Administrative Prescriptions for Pleadings

1. All pleadings filed after the date of this memorandum and order shall be double spaced.

3 See Petition of Eric Epstein for Leave to Intervene in TMI-2 Solutions, LLCs Amendment Proceeding and Request for a Hearing (Nov. 3, 2022). Although Mr. Epsteins petition is dated November 4, 2022, it was received through the NRCs E-Filing System on November 3, 2022.

4 See Establishment of Atomic Safety and Licensing Board (Nov. 9, 2022).

5 For assistance with the NRCs E-Filing system, a participant can contact the Electronic Filing Helpdesk by visiting its webpage (https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html); calling (866) 6727640 between the hours of 9:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (excluding federal government holidays), or send an e-mail to https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html.

2. Absent preapproval by this Board, any motion filed after the date of this memorandum and order and any related responsive pleading shall not exceed ten pages in length (including the signature page, but excluding the certificate of service and any attachments/enclosures). 6 Any request for preapproval to exceed this page limitation requirement shall be submitted in writing no less than three business days prior to the time the motion or responsive pleading is filed or due to be filed. The request must (1) indicate whether the request is opposed or supported by the other participants to the proceeding; 7 (2) provide a good faith estimate of the number of additional pages that will be filed; and (3) demonstrate good cause for being permitted to exceed the page limitation.

C. Replies to an Answer to a Motion Except in instances involving a motion to file a new/amended contention, a participant to this proceeding must request permission to file a reply to an answer to a motion. 8 A request for Board preapproval to file a reply shall be submitted in writing no less than three business days prior to the time the reply will be filed. 9 A request to file a reply must (1) indicate whether the 6

Any answer and reply associated with Mr. Epsteins petition are not subject to this page limitation.

7 See 10 C.F.R. § 2.323(b). Pursuant to section 2.323(b), a motion requires a certification by the moving participant, or the attorney or representative for the moving participant, that a sincere effort has been made to contact the other participants in the proceeding and resolve the matters raised by the motion, but that the movants efforts in this regard have been unsuccessful. If the consultation mandated by section 2.323(b) is initiated within a reasonable time and the participants believe that all or part of the matter may be resolved amicably if additional time is provided for filing the motion, the participants are encouraged to file a joint motion requesting such a time extension.

8 See 10 C.F.R. § 2.323(c).

9 Although the agencys rules do not provide for reply pleadings, the Board will presume that for a reply to be timely, it would have to be filed within seven days of the date of service of the answer it is intended to address. Cf. 10 C.F.R. § 2.309(i)(2).

request is opposed or supported by the other participants to the proceeding; and (2) demonstrate that compelling circumstances exist for permitting the reply to be filed. 10 D. Motions for Extension of Time A motion for an extension of time shall be submitted in writing at least three business days before the due date for the pleading or other submission for which an extension is sought. 11 A motion for extension of time must (1) indicate whether the request is opposed or supported by the other participants to this proceeding; and (2) demonstrate appropriate cause that supports permitting the extension.

E. Opposing a Request to Exceed the Page Limitation, to File a Reply, or to Extend the Time for Filing a Pleading Any opposition to a request to exceed the page limit, to file a reply, or to extend the time for filing a pleading shall be filed no later than the next business day after the filing of the request.

10 Section 2.323(c) indicates that compelling circumstances might be shown in an instance when the moving participant demonstrates that it could not reasonably have anticipated the arguments to which it seeks to reply.

11 Unless some other time is specified in the agencys rules or by the Board, in accordance with 10 C.F.R. § 2.323(a)(2), (c), motions (other than summary disposition motions) generally are due within 10 days after the occurrence or circumstance from which the motion arises, with any answer to that motion due within 10 days of service of the motion. An exception to this ten-day filing period is a motion seeking the admission of new/amended contentions. See 10 C.F.R.

§ 2.309(f)(2); see also id. § 2.323(a)(1) (motions for new/amended contentions not subject to section 2.323 requirements). For such a motion to be considered timely under 10 C.F.R.

§ 2.309(c)(1)(iii), the motion (and the accompanying new/amended contention) should be filed within 30 days of the date upon which the information that is the basis of the motion becomes available.

F. Attachments/Enclosures to Pleadings For future filings, if a participant proffers a pleading that has additional documents appended to it, these items should be referred to as attachments or enclosures (not exhibits), 12 with a separate alpha or numeric designation given to each appended document (e.g.,

Attachment A, or Enclosure 1), either on the first page of the appended document or on a cover/divider sheet in front of the appended document. Attachments or enclosures to a motion and any related responsive pleadings are not subject to the page limitation set forth in section II.B.2 above but should be submitted via the agencys E-Filing system as part of a single electronic file consisting of the pleading, the certificate of service, and all the associated attachments or enclosures. 13 G. Filing Date on Pleadings The Board requests that the first page of each pleading submitted by a participant include the pleadings filing date in the upper right-hand corner or as part of the caption.

12 The label exhibit should be reserved for use as a designation for those items that are submitted, whether by prefiling or at the time of an evidentiary hearing, as potential materials a participant will seek to have identified for inclusion in the evidentiary record of the proceeding.

See 10 C.F.R. § 2.304(g).

13 In accordance with the agencys electronic submission guidance, multiple electronic files should be used for pleadings or submissions with attachments or enclosures only if the filing exceeds 500 megabytes in size. See Guidance for Electronic Submissions to the NRC (Revision 9), at 6 (Aug. 6, 2021), https://www.nrc.gov/docs/ML13031A056.pdf.

III. INITIAL PREHEARING CONFERENCE The Board has not determined whether it will hold an initial prehearing conference to hear oral argument regarding standing or the admissibility of Mr. Epsteins proffered contentions. The Board will make that determination after the case is fully briefed. If the Board determines that an oral argument is warranted, the Boards law clerk, Emily Newman (emily.newman@nrc.gov), will coordinate scheduling with the parties.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

E. Roy Hawkens, Chair ADMINISTRATIVE JUDGE Rockville, Maryland November 14, 2022

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

TMI-2 Solutions, LLC ) Docket No. 50-320-LA-2

)

(License Amendment Request for Three Mile )

Island Nuclear Station, Unit 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Initial Prehearing Order) 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 Angela B. Coggins Julie G. Ezell E-mail: ocaamail.resource@nrc.gov Adam S. Gendelman Catherine E. Kanatas Mauri T. Lemoncelli U.S. Nuclear Regulatory Commission Ethan P. Licon Office of the Secretary of the Commission Joseph D. McManus Mail Stop: O-16B33 Kevin C. Roach Washington, DC 20555-0001 David E. Roth E-mail: hearingdocket@nrc.gov Sherwin E. Turk Susan H. Vrahoretis E-mail: Angela.Coggins@nrc.gov U.S. Nuclear Regulatory Commission Julie.Ezell@nrc.gov Atomic Safety and Licensing Board Panel Adam.Gendelman@nrc.gov Mail Stop: T-3F23 Catherine.Kanatas@nrc.gov Washington, DC 20555-0001 Mauri.Lemoncelli@nrc.gov E. Roy Hawkens, Chairman Ethan.Licon@nrc.gov Nicholas G. Trikouros, Administrative Judge Joseph.McManus@nrc.gov Dr. Gary S. Arnold, Administrative Judge Kevin.Roach@nrc.gov Noel M. Johnson, Law Clerk David.Roth@nrc.gov Emily G. Newman, Law Clerk Sherwin.Turk@nrc.gov Alison R. Wood, Law Clerk Susan.Vrahoretis@nrc.gov E-mail: Roy.Hawkens@nrc.gov Nicholas.Trikouros@nrc.goc Gary.Arnold@nrc.goc Counsel for TMI Solutions, LLC Noel.Johnson@nrc.gov Hogan Lovells US, LLP Emily.Newman@nrc.gov 555 13th Street, NW Alison.Wood@nrc.gov Washington, DC 20004 Daniel F. Stenger Stephanie Fishman E-mail: daniel.stenger@hoganlovells.com Stephanie.Fishman@hoganlovells.com

THREE MILE ISLAND NUCLEAR STATION, UNIT 2 - Docket No. 50-320-LA-2 MEMORANDUM AND ORDER (Initial Prehearing Order)

Energy Solutions, LLC Eric Epstein 299 South Main Street, Suite 1700 4100 Hillsdale Road Salt Lake City, UT 84111 Harrisburg, PA 17112 Russ Workman, General Counsel E-mail: epstein@efmr.org E-mail: rgworkman@enrgysolutions.com Digitally signed by Clara I. Sola Clara I. Sola Date: 2022.11.14 13:09:06

-05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland this 14th day of November 2022 2