ML23214A019

(External_Sender) Request to Broaden Extended Deadline to the General Public (with Attachments) - C3

ML23214A019
Person / Time
Site:	Comanche Peak
Issue date:	01/30/2023
From:	Hadden K SEED Coalition
To:	Office of Nuclear Material Safety and Safeguards
References
Download: ML23214A019 (1)

Text

From: KarenD Hadden To: Docket, Hearing; Clara Sola; tam Tran; Manny Sayoc; Chair Resource; Molly Marsh; CMRBARAN Resource; CMRWright Resource; CMRCaputo Resource; CMRCrowell Resource Cc: The Honorable Lloyd Doggett; The Honorable Lloyd Doggett

Subject:

[External_Sender] Request to broaden extended deadline to the general public Date: Monday, January 30, 2023 11:35:41 PM Attachments: Screen Shot 2023-01-30 at 10.29.39 PM.png Rep Doggett letter to NRC.pdf Comanche Peak SECY Order 1 30 2023.pdf

RE: NRC-2022-0183

Dear Hearing Docket NRC Officials,

It was good to see that five individuals were given an additional 30 days, but Im writing to ask that the extension be for the public as a whole.

Please extend the deadline for requesting a hearing and petition to intervene for all members of the public, many of whom have already made a similar request for a 90 day extension. At least 2600 of these requests from members of the public have now reached you.

I have personally submitted this request numerous times, in numerous ways, starting several weeks ago.

Congressman Lloyd Doggetta January 26, 2023 letter with the deadline request is included here.

It has been very difficult to respond in a timely manner to the Comanche Peak LRA since it was published Dec. 1, 2022 in the Federal Register, right at the start of the holiday season.

Last minute changes in public meeting plans presented the next hurdle.Two in-person meetings were to in Texas on January 10, 2023. The press release announcing rescheduling was posted on the NRC website 4 PM on the 9th, for a meeting to be held at 1 PM the next day. The meetings were replaced by a single online meeting held in the day on January 17th, when many people are at work or in school.

At least five people could not be heard at all due to technical difficulties with the online meeting, which appear to have been due to problems on the NRC end of things. Instructions to unmute were unsuccessful since they failed to solve the problem.

So, while this is a last minute (repeated) request, Im hoping that a huge federal agency can as respond as quickly to this simple request as the public has had to do in response to ever-changing circumstances and barriers to participation.

Thank you for your consideration. Again, please be fair and extend the deadlines for 90 days, uniformly to all interested parties, not just to five individuals for one month.

Best wishes, Karen Hadden SEED Coalition 512-797-8481

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of Docket Nos. 50-445-LR VISTRA OPERATIONS COMPANY, 50-446-LR LLC

(Comanche Peak Nuclear Power Plant, Units 1 and 2)

ORDER

The Nuclear Regulatory Commission (NRC) has before it an application filed by Vistra

Operations Company, LLC, to renew its licenses for Comanche Peak Nuclear Power Plant,

Units 1 and 2. By Federal Register notice dated December 1, 2022, the NRC provided an

opportunity to request a hearing and petition for leave to intervene with respect to the license

renewal application.1 The notice stated that requests for a hearing must be filed by January 30,

2023.

The NRC has received several filings seeking extensions and hearings and expressing

concerns associated with this application. 2 In addition, the NRC has received several concerns

1 Vistra Operations Co., LLC; Comanche Peak Nuclear Power Plant, Units 1 and 2, 87 Fed.

Reg. 73,798 (Dec. 1, 2022).

2 E-mail from Linda Hanratty to Hearing Docket, NRC (Jan. 25, 2023) (requesting a hearing on the license renewal application and raising concerns regarding the NRCs January 2023, public meeting); E-mail from John MacFarlane to Hearing Docket, NRC (Jan. 24, 2023) (requesting a ninety-day extension to the January 30, 2023, deadline to the comment period for the 12/1/2022 Federal Register Notice, seeking a hearing, and expressing concerns with the NRCs January 2023, public meeting); E-mail from Ranjana Bhandari to Hearing Docket, NRC (Jan. 23, 2023) (requesting a ninety-day extension to the January 30, 2023, deadline to submit comments and to request a hearing on the application and citing as reasons for the extension request: the gravity of a twenty-year permit renewal for an aging facility, the length of the application, the time and preparation called for to request a hearing, the holiday season, and a period of increasing COVID-19 cases); E-mail from Reed K. Bilz to Hearing Docket, NRC (Jan.

19, 2023) (requesting an extension of the comment period and seeking at least one or two public hearings on the license extension); E-mail from Bridget Houston Hyde to Hearing

regarding the conduct of the NRC Staffs public meeting held in January 2023. Given the

barriers to participation during the public meeting articulated by the requestors, I have referred

these concerns, as well as associated requests to extend the environmental scoping comment

period, to the NRC Staff for its review and response.

All five requesters, Ms. Houston Hyde, Ms. Bilz, Ms. Bhandari, Mr. MacFarlane, and Ms.

Hanratty seek an extension to the January 30, 2023, deadline to file a hearing request.

Pursuant to my authority under 10 C.F.R. § 2.346(b), I extend the deadline for these requesters

to file a hearing request by thirty days. The new deadline for hearing requests for these

requesters is March 1, 2023.

Further, two petitioners have filed hearing requests: Mr. MacFarlane requests a formal

hearing due to the age of the plant and concerns about safety issues, earthquakes, and water

use. Ms. Hanratty requests a hearing on the license renewal application due to concerns

regarding cost, sufficient cooling water due to climate change, future repairs to the plant, and

alternative renewable energy sources. Neither Mr. MacFarlane nor Ms. Hanratty has, at this

juncture, addressed the threshold pleading requirements in 10 C.F.R. § 2.309, which are

required in any hearing request. As such, I have determined that, as submitted at this time, the

hearing requests do not comply with the Commissions pleading requirements for intervention

and do not set forth an arguable basis for further proceedings. Pursuant to my authority under

10 C.F.R. § 2.346(h), I deny these hearing requests. Mr. MacFarlane and Ms. Hanratty may re-

file their requests consistent with applicable requirements.

Docket, NRC (Jan. 17, 2023) (requesting a ninety-day extension to the January 30, 2023, deadline and stating that there are numerous concerns about the application to be heard and resolved and expressed support for the reactors being retired and public involvement in this matter).

IT IS SO ORDERED.

For the Commission

BrookeP.Clark Secretary of the Commission

Dated at Rockville, Maryland, This 30th of January 2023.

From: Bridget Hyde To: Docket, Hearing

Subject:

[External_Sender] Please extend deadline to request a hearing by 90 days.

Date: Tuesday, January 17, 2023 10:18:49 PM

January 17th, 2023

Dear NRC,

Please extend the deadline to request a hearing about the 20 year license extension for the two nuclear power reactors at Comanche Peak. I am asking for a 90 day extension. There are many more concerns about this that need to be heard and resolved. We need those reactors to be retired for many health and safety reasons, and the public has not had a chance to make its case for retiring the reactors.

Sincerely,

Bridget Houston Hyde 1210 Garden Street Unit A Austin, TX 78702 From: Reed Bilz To: Docket, Hearing

Subject:

[External_Sender] Comanche Peak Hearings Date: Thursday, January 19, 2023 11:20:02 AM

I live in southwest Fort Worth, within 50 miles of the power plant.

I am also a board member of the League of Women Voters of Tarrant County, and I echo the leagues request for an extension of the comment period and at least one or two public hearings on the license extension.

Reed K. Bilz 6130 Haley Ln, Fort Worth, TX 76132 Reed K. Bilz 6130 Haley Lane Fort Worth, Texas 76133 817-292-7974 Reed.bilz@gmail.com From: Liveable Arlington To: Docket, Hearing; Clara Sola; tam Tran; Manny Sayoc; Chair Resource; Molly Marsh; CMRBARAN Resource; CMRWright Resource; CMRCaputo Resource; CMRCrowell Resource

Subject:

[External_Sender] Docket: NRC-2022-0183 Re: Comanche Peak Nuclear Power Plant Renewal Date: Monday, January 23, 2023 1:21:43 PM Attachments: ComanchePeakLetter.pdf

Liveable Arlington.

903 Loch Lomond Drive Arlington, Texas 76012

January 23, 2023 U.S. Nuclear Regulatory Commission (NRC)

ATTN: Document Control Desk Washington, DC 20555-0001

Docket: NRC-2022-0183 Re: Comanche Peak Nuclear Power Plant Renewal

Dear Sir or Madam,

We are writing to ask for the following in reference to the 20-year license extension for Comanche Peak Nuclear Power Plant in Glen Rose, Texas.

A. We are writing to request that an in-person meeting be rescheduled for the public in Glen Rose in order that local residents can participate in a meeting regarding the additional twenty years for the plants operation.

1. The two, two-hour sessions of in-person meetings that were previously scheduled were cancelled.

Those two meetings were replaced with a two-hour session held via videoconference. Approximately half of the two-hour session was taken up by a staff presentation. This relegated the public to only a little over an hour to ask questions or make comment.

2. Frankly, the public Q&A portion of the videoconference was a mess. Many who were on the video call or via the phone line who wanted to speak could not get unmuted by the administrator to speak despite multiple tries. Several organization representatives and a former state representative were not able to ask questions or give comment.

3. Lastly, there was misinformation given during the presentation. A deadline of January 27th was given as the deadline for scoping comments. Though staff verbally corrected it to the correct date of January 30th, it was recorded in the written presentation incorrectly.

Though many of us work for organizations that are used to videoconferencing, Im sure many residents of Glen Rose are unfamiliar with this kind of video meeting. Therefore, many residents who planned on attending the in-person meetings, with it abruptly cancelled on short notice, were undoubtedly prevented from having a voice. Furthermore, there was no longer an evening opportunity to participate for those who work or go to school during the day.

We would like to see the ads or notice the public was given of the rescheduling via videoconference. What publications were they published in? How much notice was given? At what time did the last-minute press release finally get posted on January 9th on NRCs website for the meeting the next day, January 10th?

Was there a violation of the Open Meetings Act?

B. Finally, given the gravity of a 20-year renewal of Comanche Peaks permit on an aging facility with an application that is more than 2200 pages long, we request there be at least a 90-day extension of the deadline to submit comments and to request a hearing on the application in light of the cancellations and rescheduling of these initial in-person public meetings. Preparing to request a hearing takes a significant amount of time and preparation for concerned individuals, organizations, lawyers and expert witnesses. The Federal Register posted information on December 1, 2022, at the start of a holiday season and a period of increasing Covid cases. More time is needed to thoughtfully submit requests for a hearing.

Thank you for your time and consideration.

I am also attaching a copy of this letter to this email.

Warm regards,

Ranjana Bhandari, Executive Director Liveable Arlington Ranjana Bhandari, Executive Director LIVEABLE ARLINGTON liveablearlington@gmail.com l (She/Her)

Facebook: liveablearlington Twitter: @LivablArlington,@Ranjana_LA Instagram: liveablearlington From: John MacFarlane To: Docket, Hearing

Subject:

[External_Sender] Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Units 1 and 2; License renewal application; opportunity to request a hearing Date: Tuesday, January 24, 2023 3:31:33 PM Attachments: Greater Fort Worth Sierra Club NRC Comanche Peak comments.pdf

Please see attached letter re: request for an in person meeting.

In solidarity, John MacFarlane January 24, 2023

RE: Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Units 1 and 2; License renewal application; opportunity to request a hearing

To Whom I t May Concern,

The Greater Fort Worth Sierra Club is a non -profit environmental organization with over 2,000 members in a 12 county area, including Somervell County. We have approximately 1,400 members within a 50 mile radius of Comanche Peak. This includes members in Bosque, Hill, Somervell, Johnson, Hood, Earth, Palo Pinto, Parker and Tarrant and includes the cities of Fort Worth, Arlington, Weatherford, Granbury, Stephenville, Cleburne, Mineral Wells, Hillsboro, and of course Glen Rose.

We are requesting the following items:

1) The January 17, 2023 in person meeting was canceled in favor of an online meeting, therefore, we are requesting an in person in Glen Rose, Somervell County so residents and other concerned citizens can directly interact with NRC staff. There were mu ltiple technical issues with the presentation and many speakers were not able to unmute and speak.

2) We request a formal hearing due to the aging nature of the plant for safety reasons.

There are too many safety issues concerning cracks in the foundation, cracks in pipes, the dome, the spillway, and "loss of material," on the 43-year old dam. We are concerned about the threat of earthquakes caused by the reemergence of fracking in the area and by wastewater injection wells. We are also concerned about water use.

Water quantity is in jeopa rdy due to drought caused by climate change.

3) We request a 90-day extension for comment period for the 12/ 1/2022 Federal Register Notice.

We understand that an Environmental Impact Statement ( EIS) will be prepared to assess the impacts to the natural and human environment (Notice of Intent To Conduct Scoping Process and Prepare Environmental Impact Statement; Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Units 1 and 2, Federal Register, 12/13/2022). An EIS should take a hard look and properly and effectively analyze and disclose potential significant individual and cumulative environmental impacts proposed by the license renewal and their reasonable alternatives would cause. The EIS should clearly present the information needed for the public to understand the proposed action, its reasonable alternatives, and the potential environmental effects the action and its reasonable alternatives would cause.

Sincerely,

John MacFarlane Chair, Greater Fort Worth Sierra Club From: Linda Hanratty To: Docket, Hearing

Subject:

[External_Sender] Comanche Peaks license process request. Docket ID NRC-2022-0183 Date: Wednesday, January 25, 2023 8:55:11 PM

As a stakeholder, this is to request a public hearing on the Comanche Peak Nuclear Plant extension application. According to Google Maps I live approximately 40 miles from the Comanche Peak Nuclear Generating Station, Units 1 and 2. I was planning to attend one of the two public meetings on January 10, 2023, in Glen Rose, Texas, that was cancelled due to Covid-19 concerns, despite the apparent low incidence of Covid in Glen Rose. I listened to the January 17, 2023, online forum, but was unable to speak because I did not download Microsoft Teams on my computer. Apparently, this was a widespread problem. In addition, with less than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> for comment, it would have been impossible for the over 100 people at the meeting to speak. It should be noted that the elected officials in the area, all of whom spoke in favor of the application, were able to comment first. A public hearing is necessary so stakeholders like me can learn more about the application be assured that the following concerns I met:

What will the costs be to make sure the dam holding the radiated cooling water will last until at least 2053?

Will there be sufficient water to cool the plants through 2053, given increasing drought conditions in this area caused by climate change?

What repairs will be needed to ensure the reactors and associated boilers, pipes, etc. will last an additional 20 years, and what will be the cost?

Are there alternative renewable energy sources that would be cheaper, and not involve generating additional nuclear waste for which there is no permanent repository? These could include solar, wind or geothermal.

It is my understanding that most, if not all, of my concerns will not be addressed by the EIS. It is also my understanding that there will be no further hearings unless we can prove there is a problem with an EIS that has not yet been written. Nor are any plans to extend the comment period beyond January 31, 2023.

I have seen no mention of this application in the Tarrant County newspapers, even though thousands of residents in this county are within the 50-mile radius of the plant. When Comanche Peak planning began in 1980, Tarrant County had 860,880 residents. As of July 1, 2021, the population had more than doubled to 2,126,477. While only about 25 percent of Tarrant County is likely within 50 miles of the plant, that still represents over 500,000 people. Also not included are residents of Johnson and Somervell Counties within the 50-miles, where the population has also grown exponentially. A transparent process would ensure the population within 50-miles of the plants would get adequate notification and have adequate time to respond one public hearing would be the bare minimum with two or three called for at least one of which in Tarrant County where the majority of the stakeholders reside.

This request asks residents like me to accept risk without adequate assurance that all aspects of this request will ensure my safety and not burden me with unnecessarily and unreasonably higher electric costs and additional nuclear waste for which there is no permanent repository.

Linda Hanratty 4236 Oak Park Court Fort Worth, TX 76109 817-800-5922

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

VISTRA OPERATIONS COMPANY, LLC ) Docket Nos. 50-445-LR

) 50-446-LR (Comanche Peak Nuclear Power Plant, )

Units 1 and 2) )

)

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing ORDER (Granting Requests for Extension of Time to Request for Hearing) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk.

U.S. Nuclear Regulatory Commission Counsel for Vistra Operations Office of Commission Appellate Company, LLC Adjudication Morgan, Lewis & Bockius, LLC Mail Stop: O-16B33 1111 Pennsylvania Ave NW Washington, DC 20555-0001 Washington, DC 20004 E-mail: ocaamail.resource@nrc.gov Ryan K. Lighty Paul Bessette U.S. Nuclear Regulatory Commission Timothy Matthews Office of the Secretary of the Commission E-mail: ryan.lighty@morganlewis.com Mail Stop: O-16B33 paul.bessette@morganlewis.com Washington, DC 20555-0001 timothy.matthews@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Bridget Houston Hyde*

Atomic Safety and Licensing Board Panel 1210 Garden Street, Unit A Mail Stop: T-3F23 Austin, TX 78702 Washington, DC 20555-0001 E-mail: bridgethyde7@gmail.com Roy Hawkens, Chief Administrative Judge Reed K. Bilz*

E-mail: roy.hawkens@nrc.gov 6130 Haley Lane U.S. Nuclear Regulatory Commission Fort Worth, Texas 76133 Office of the General Counsel E-mail: Reed.Bilz@gmail.com Mail Stop - O-14A44 Ranjana Bhandari*

Washington, DC 20555-0001 Marcia Carpentier Liveable Arlington Ethan P. Licon 903Loc Lomond Drive David E. Roth Arlington, TX 76012 Susan H. Vrahoretis E-mail: liveablearlington@gmail.com E-mail: Marcia.Carpentier@nrc.gov Ethan.Licon@nrc.gov David.Roth@nrc.gov Susan.Vrahoretis@nrc.gov Vistra Operations Company, LLC (Comanche Peak Nuclear Power Plant, Units 1 and 2)

ORDER (Granting Requests for Extension of Time to Request for Hearing)

John MacFarlane*

Chair, Greater Fort Worth Sierra Club E-mail: tedthecat@gmail.com

Linda Hanratty*

4236 Oak Park Court Fort Worth, TX 76109 E-mail: llswenard47@gmail.com

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 30th day of January 2023.

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