ML23248A222

NRC Staff Answer to Pacific Gas and Electric Company'S Motion to Dismiss or for Summary Disposition of Contention a as Moot

ML23248A222
Person / Time
Site:	Diablo Canyon
Issue date:	09/05/2023
From:	Adam Gendelman, Catherine Kanatas NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 56773, 72-26-ISFSI-MLR
Download: ML23248A222 (0)

Text

September ,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No. - -ISFSI-MLR (Diablo Canyon Independent Spent Fuel Storage Installation)

NRC STAFF ANSWER TO PACIFIC GAS AND ELECTRIC COMPANYS MOTION TO DISMISS OR FOR

SUMMARY

DISPOSITION OF CONTENTION A AS MOOT Pursuant to C.F.R. §§ . (c) and . (b), and the Atomic Safety and Licensing Boards (Board) order,1 the U.S. Nuclear Regulatory Commission Staff (Staff) hereby answers Pacific Gas and Electric Companys (PG&E) Motion to Dismiss or for Summary Disposition of Contention A as Moot (PG&E Motion).2 As discussed below, the Staff supports the motion.

On July 19, 2023, the Board granted San Luis Obispo Mothers for Peaces (SLOMFP)

Petition to Intervene in this proceeding3 and admitted a narrowed Contention A.4 As admitted by 1

Licensing Board Memorandum and Order (Initial Prehearing Order) (Mar. 29, 2023) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23088A151) at 2-3.

2 Pacific Gas and Electric Companys Motion to Dismiss or for Summary Disposition of Contention A as Moot (Aug. 24, 2023) (ADAMS Accession No. ML23236A495).

3 San Luis Obispo Mothers for Peaces Hearing Request and Petition to Intervene in License Renewal Proceeding for Diablo Canyon Spent Fuel Storage Installation, (Mar. 13, 2023) (ADAMS Accession No. ML23074A110).

4 Pac. Gas & Elec. Co. (Diablo Canyon Indep. Spent Fuel Storage Installation), LBP-23-07, 98 NRC __

(July 19, 2023) (slip op.) (ML23200A053). The Boards order also describes the procedural history of this proceeding. See id. (slip op. at 1-5).

2 the Board, Contention A claims that the financial qualifications discussion in PG&Es Independent Spent Fuel Storage Installation (ISFSI) license renewal application (LRA) does not satisfy 10 C.F.R. § 72.22(e) because the discussion is based on the incorrect assumption that PG&E will not seek renewal of the Diablo Canyon Power Plant (DCPP) reactors.5 On August 10, 2023, PG&E submitted a revision to the ISFSI LRA in which PG&E revised the financial qualifications discussion to account both for how PG&E would satisfy 10 C.F.R. § 72.22(e) if PG&E does not operate the DCPP beyond the current Unit 1 and 2 license terms (ending in 2024 and 2025, respectively), and how PG&E would meet that requirement if PG&E continues operating DCPP beyond those dates.6 Thus, the LRA no longer relies upon the availability of decommissioning funding at the end of the current DCPP license term to meet the requirements of 10 C.F.R. § 72.22(e) for ISFSI license renewal. While the Staff has not completed its review of the LRA, the Staff agrees with PG&E that, as a result of the August 10, 2023 revision to the ISFSI LRA, Contention A as admitted has become moot, and there is no remaining genuine material dispute of fact or law with respect to Contention A.

Accordingly, the Staff supports PG&Es Motion.

5 See id. (slip op. at 20).

6 Letter from M. Zawalick, PG&E, to NRC Document Control Desk, [DC ISFSI LRA], Revision 1 (Aug. 10, 2023) (ML23222A287) (LRA Update). See, e.g., id. at pg. 2 of 9, § 1.3.6 (If PG&E continues operating DCPP beyond the Unit 1 and 2 current operating license expiration dates in November 2024 and August 2025, respectively, PG&Eas a rate regulated utilitywill seek recovery of funds to operate DCPP and the DC ISFSI through a ratemaking process established by the CPUC consistent with California Public Utilities Code 712.8(h)(1)).) (internal citations omitted).

3

/Signed (electronically) by/

Adam S. Gendelman Counsel for NRC Staff Mail Stop: O- -A U.S. Nuclear Regulatory Commission Washington, DC -

Telephone: ( ) -

E-mail: Adam.Gendelman@nrc.gov Executed in Accord with 10 CFR 2.304(d)

Catherine E. Kanatas Counsel for the Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 415-2896 E-mail: Catherine.Kanatas@nrc.gov Dated this th day of September

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No. - -ISFSI-MLR (Diablo Canyon Independent Spent Fuel Storage Installation)

Certificate of Service Pursuant to 10 C.F.R § 2.305, I hereby certify that copies of the foregoing NRC STAFF ANSWER TO PACIFIC GAS AND ELECTRIC COMPANYS MOTION TO DISMISS OR FOR

SUMMARY

DISPOSITION OF CONTENTION A AS MOOT, dated September 5, 2023, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the captioned proceeding.

/Signed (electronically) by/

Adam S. Gendelman Counsel for NRC Staff Mail Stop: O- -A U.S. Nuclear Regulatory Commission Washington, DC -

Telephone: ( ) -

E-mail: Adam.Gendelman@nrc.gov Dated this th day of September