ML24022A066
| ML24022A066 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 01/22/2024 |
| From: | Curran D Beyond Nuclear, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Sierra Club |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 56910, 50-338 SLR-2, 50-339 SLR-2 | |
| Download: ML24022A066 (0) | |
Text
UNITED STATES OF AMERICA BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
Virginia Electric Power Co.
) Docket Nos. 50-338/339 SLR North Anna Power Station Units 1 & 2
)
___________________________________ )
ERRATA TO MOTION BY BEYOND NUCLEAR AND SIERRA CLUB FOR WITHDRAWAL OF PREMATURE HEARING NOTICE Petitioners Beyond Nuclear and the Sierra Club hereby submit the following Errata to their Motion for Withdrawal of Premature Hearing Notice, filed January 18, 2024:
Page Line Correction 2
2 Change two 2024 decisions to two 2022 decisions 2
note 2 Change and Peach Bottom to Peach Bottom 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 January 22, 2024
Corrected Jan. 22, 2024 UNITED STATES OF AMERICA BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
Virginia Electric Power Co.
) Docket Nos. 50-338/339 SLR North Anna Power Station Units 1 & 2
)
___________________________________ )
MOTION BY BEYOND NUCLEAR AND SIERRA CLUB FOR WITHDRAWAL OF PREMATURE HEARING NOTICE INTRODUCTION Pursuant to 10 C.F.R. § 2.323 and the Commissions decision in Duke Energy Carolinas, LLC (Oconee Nuclear Station, Units 1, 2, and 3), et al., CLI-22-3, 95 N.R.C. 40 (2022) (CLI-22-3), Petitioners Beyond Nuclear and the Sierra Club request the Commissioners of the U.S.
Nuclear Regulatory Commission (NRC or Commission) to order the Secretary of the Commission to withdraw the prematurely issued hearing notice issued in this proceeding for subsequent license renewal (SLR) of Virginia Electric and Power Cos (VEPCOs) operating licenses for North Anna Power Station Units 1 and 2.1 PETITIONERS STANDING Petitioners were found to have representational standing in the previous SLR proceeding for North Anna Units 1 and 2. Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), LBP-21-4, 93 N.R.C. 179, 196-97 (2021). They continue to have representational standing to make this request for delay of the hearing process, as demonstrated by the attached updated declarations of Beyond Nuclear member Jerry Rosenthal and Sierra Club member John Cruickshank.
1 See Virginia Electric and Power Company; North Anna Power Station Units 1 and 2; Draft Environmental Impact Statement; Request for comment; public comment meetings; opportunity to request a hearing and to petition for leave to intervene, 89 Fed. Reg. 960 (Jan. 8, 2024).
2 BACKGROUND This proceeding arises from two 2022 decisions by the Commission: Florida Power &
Light Co. (Turkey Point Nuclear Generating Units 3 and 4), CLI-22-2, 95 N.R.C. 26 (2024)
(CLI-22-2) and CLI-22-3. In CLI-22-2, the Commission found that 10 C.F.R. § 51.53(c)(3) applies only to initial license renewal and therefore SLR applications must consider environmental impacts designated as Category 1 in Appendix B to 10 C.F.R. Part 51. In CLI-22-3, the Commission then set forth procedures for preparing an updated Generic Environmental Impact Statement (GEIS) for subsequent license renewal as well as site-specific environmental impact statements (EISs) for licensees in five pending SLR proceedings who did not wish to await the publication of a GEIS.2 The Commission also dismissed all motions and appeals in the then-pending SLR proceeding for North Anna Units 1 and 2 and terminated the proceeding.3
[I]n accordance with CLI-22-2 and CLI-22-3, the NRC staff has prepared a site-specific Draft Environmental Impact Statement (DEIS) for subsequent renewal of the North Anna operating licenses.4 And in the January 8, 2024, Federal Register notice, the NRC Staff has offered both an opportunity to comment on the Draft EIS and the opportunity to request a hearing.5 As discussed below, however, only the notice of opportunity to comment on the Draft EIS is appropriate at this time. Pursuant to CLI-22-3, the hearing notice is premature and should be withdrawn.
2 95 N.R.C. at 42. These pending applications are for North Anna Units 1 and 2, Oconee Units 1, 2, and 3, Peach Bottom Units 2 and 3, Turkey Point Units 3 and 4, and Point Beach Units 1 and
- 2.
3 95 N.R.C. at 43.
4 89 Fed. Reg. at 961.
5 89 Fed. Reg. at 960.
3 DISCUSSION In CLI-22-3, the Commission established special procedures for the conduct of site-specific environmental reviews for the five nuclear plants covered by that decision, should any of those licensees choose to undergo a site-specific review. In establishing those specific procedures, the Commission contemplated that hearings on site-specific EISs for SLR applications -- including the SLR application for North Anna -- must await completion of the entire environmental review process:
All of the pending matters include a challenge to the sufficiency of the Staffs environmental review. Through the orders we issue today, we acknowledge that the environmental review is incomplete in these cases and are separately directing the Staff to cure the NEPA deficiencies. The public, including the intervenors and petitioners in the above-captioned proceedings, and applicants will be afforded an opportunity to comment on the upcoming revision to the GEIS and the associated rulemaking through the normal agency processes. [footnote omitted] The public will also have an opportunity to comment during the development of the site-specific environmental impact statements.
After each site-specific review is complete, a new notice of opportunity for hearing limited to contentions based on new information in the site-specific environmental impact statement will be issued.6 Consistent with this requirement, the Commission also stated:
The public, including the intervenors and petitioners in the above-captioned proceedings, and applicants will be afforded an opportunity to comment on the upcoming revision to the GEIS and the associated rulemaking through the normal agency processes. [footnote omitted] The public will also have an opportunity to comment during the development of the site-specific environmental impact statements. After each site-specific review is complete, a new notice of opportunity for hearing limited to contentions based on new information in the site-specific environmental impact statement will be issued. This approach will not require intervenors to meet heightened pleading standards in 10 C.F.R.
§ 2.309(c) for newly filed or refiled contentions.7 The Commissions repeated use of the word complete to describe the status of the environmental review demonstrates unequivocally that the Commission did not intend the 6 95 N.R.C. at 42 (emphasis added).
7 Id. (emphasis added).
4 hearing process for these particular site-specific environmental reviews to begin until after publication of a final EIS.
By issuing a hearing notice in the middle of the environmental review process, the NRC Staff violated the requirements of CLI-22-3. Therefore, Petitioners ask the Commission to correct the erroneously premature publication of the hearing notice by ordering the Secretary to withdraw it. Only the notice of opportunity to comment on the Draft EIS should remain.
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 January 18, 2024 Corrected January 22, 2024 CERTIFICATE OF COUNSEL PURSUANT TO 10 C.F.R. § 2.323(b)
I certify that on January 17, 2024, I contacted counsel for VEPCO and the NRC Staff in a sincere effort to resolve the issues raised in this motion. Counsel for VEPCO stated that VEPCO opposes the motion and reserves the right to respond. Counsel for the Staff stated that the Staff opposes this motion and will respond to it when filed.
___/signed electronically by/__
Diane Curran
UNITED STATES OF AMERICA BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
Virginia Electric Power Co.
) Docket Nos. 50-338/339 SLR North Anna Power Station Units 1 & 2
)
___________________________________ )
UPDATED DECLARATION BY JERRY ROSENTHAL Under penalty of perjury, I, Jerry Rosenthal, declare as follows:
- 1. On December 6, 2020, I submitted a declaration in the previous subsequent license renewal proceeding for the North Anna nuclear power station Units 1 and 2. A copy of that declaration is attached.
- 2. The statements I made in the attached declaration of December 6, 2020 continue to be correct.
- 3. Therefore, I have authorized Beyond Nuclear, Inc. to represent my interests in the current subsequent license renewal proceeding for North Anna Units 1 and 2.
Electronically signed pursuant to 10 C.F.R. § 2.304(d) by:
Jerry Rosenthal January 17, 2024
UNITED STATES OF AMERICA BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
Virginia Electric Power Co.
) Docket Nos. 50-338/339 SLR North Anna Power Station Units 1 & 2
)
___________________________________ )
UPDATED DECLARATION BY JOHN A. CRUICKSHANK Under penalty of perjury, I, John A. Cruickshank, declare as follows:
- 1. On December 8, 2020, I submitted a declaration in the previous subsequent license renewal proceeding for the North Anna nuclear power station Units 1 and 2. A copy of that declaration is attached.
- 2. The statements I made in the attached declaration of December 8, 2020 continue to be correct.
- 3. Therefore, I have authorized the Sierra Club to represent my interests in the current subsequent license renewal proceeding for North Anna Units 1 and 2.
Electronically signed pursuant to 10 C.F.R. § 2.304(d) by:
John A. Cruickshank January 17, 2024
5 CERTIFICATE OF SERVICE I certify that on January 18, 2024, I posted Motion by Beyond Nuclear and Sierra Club for Withdrawal of Premature Hearing Notice and the attached updated declarations of Jerry Rosenthal John Cruickshank on the NRCs Electronic Information Exchange.
___/signed electronically by/__
Diane Curran
5 CERTIFICATE OF SERVICE I certify that on January 22, 2024, I posted an Errata Sheet and a corrected Motion by Beyond Nuclear and Sierra Club for Withdrawal of Premature Hearing Notice and the attached updated declarations of Jerry Rosenthal John Cruickshank on the NRCs Electronic Information Exchange.
___/signed electronically by/__
Diane Curran