SECY-20-0069, M210115: Affirmation Session - SECY-20-0069/69A: Entergy (Indian Point Units 1, 2, & 3 and ISFSI) Petitions to Intervene; SECY- 20-0077: Firstenergy & TMI-2 Solutions (TMI Unit 2) License Transfer; SECY-20-0114: Joseph Shea - LBP-20-11

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M210115: Affirmation Session - SECY-20-0069/69A: Entergy (Indian Point Units 1, 2, & 3 and ISFSI) Petitions to Intervene; SECY- 20-0077: Firstenergy & TMI-2 Solutions (TMI Unit 2) License Transfer; SECY-20-0114: Joseph Shea - LBP-20-11
ML21017A003
Person / Time
Issue date: 01/15/2021
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NRC/SECY
To:
References
M210115
Download: ML21017A003 (7)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland January 15, 2021 The Commission met in open session, pursuant to notice at 10:00 AM., Kristine L. Svinicki, Chairman, presiding.

COMMISSIONERS PRESENT:

KRISTINE L. SVINICKI, Chairman JEFF M. BARAN, Member of the Commission (via teleconference)

ANNIE CAPUTO, Member of the Commission DAVID A. WRIGHT, Member of the Commission (via teleconference)

CHRISTOPHER T. HANSON, Member of the Commission (via teleconference)

ALSO PRESENT:

MARIAN ZOBLER, General Counsel ANNETTE VIETTI-COOK, Secretary of the Commission

2 DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on January 15, 2021, conducted via teleconference. The meeting was open to the public. This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies.

The transcript is intended solely for general information purposes. As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.

Expressions of opinion in this transcript do not necessarily reflect final determination or beliefs.

No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.

3

[10:00 a.m.]

P R O C E E D I N G S CHAIRMAN SVINICKI: Thank you very much operator, this is Kristine Svinicki, Chairman of the U.S. Nuclear Regulatory Commission. I have called our affirmation session to order. I am presiding over this meeting of our Commission from the NRC Headquarters in Rockville, Maryland. Joining me here in the NRC offices is Commissioner Caputo who is here as a member of the Commission. Also, we have the Secretary of the Commission, Annette Vietti-Cook and the agencys General Counsel, Marian Zobler here in the White Flint Complex.

The other members of the Commission will be participating virtually in this meeting. Madam Secretary, I understand we have three items for affirmation, would you please lead the Commission through this affirmation?

ANNETTE VIETTI-COOK: Yes, the first item is SECY-20-0069/69A, Entergy Nuclear Operations, Incorporated (Indian Point Nuclear Generating Station Units 1, 2, and 3, and Independent Spent Fuel Storage Installation).

The Commission is being asked to act on a Memorandum and Order responding to three separate petitions for leave to intervene and requests for a hearing on the proposed license transfer from the State of New York; the Town of Cortlandt, Village of Buchanan, and Hendrick Hudson School District (together referred to as Local Petitioners); and Riverkeeper, Incorporated. It also considers a letter from Safe Energy Rights Group, Incorporated that requests a hearing, and a motion by New York to amend its petition based on circumstances related to the COVID-19 public health emergency. In addition, it considers two motions by Riverkeeper, one to supplement the basis for its contention, and the other seeking a waiver of

4 our regulations to require a Commission decision on Riverkeepers hearing request prior to the Staffs decision on the license transfer application.

The Commission, with Commissioners Baran and Hanson each dissenting in part, has voted to approve a Memorandum and Order that denies the requests for hearing and petitions to intervene, as well as subsequent motions filed by New York and Riverkeeper, and terminates this proceeding.

Would you please affirm your vote when I call your name?

CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

COMMISSIONER HANSON: Aye ANNETTE VIETTI-COOK: Thank you. The second item is SECY-20-0077, FirstEnergy Companies and TMI-2 Solutions, Limited Liability Company (Three Mile Island Nuclear Station, Unit 2).

The Commission is being asked to act on a Memorandum and Order responding to a petition to intervene and a request for a hearing filed jointly by Eric Epstein and Three Mile Island Alert, Incorporated, in this proceeding, which concerns a request to transfer the possession-only license for Three Mile Island, Unit 2.

The Commission has voted to approve a Memorandum and Order denying the hearing request and terminating the proceeding.

Would you please affirm your vote when I call your name?

5 CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

COMMISSIONER HANSON: Aye ANNETTE VIETTI-COOK: Thank you. This is the third and last item; it is SECY 0114, in the matter of Joseph Shea (Order Prohibiting Involvement in NRC-Licensed Activities Immediately Effective), Review of Licensing Board Panel-20-11.

The Commission is being asked to act on a Memorandum and Order addressing the Atomic Safety and Licensing Boards decision to set aside the immediate effectiveness of the NRC Staffs enforcement order in this case.

The Commission has voted to approve a Memorandum and Order affirming the Boards decision.

Would you please affirm your vote when I call your name?

CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

COMMISSIONER HANSON: Aye ANNETTE VIETTI-COOK: Thank you very much. Thats all I have.

6 CHAIRMAN SVINICKI: Thank you Madam Secretary. Before I gavel the Commissions affirmation session to a close, I will pause and ask if any member of the Commission would like to make a statement on any of the three decisions just affirmed?

CHAIRMAN SVINICKI: Hearing none.

[The Commissioners recognized the Chairmans service to the Commission for her final Commission meeting.]

CHAIRMAN SVINICKI: We are adjourned.

7 CERTIFICATE This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

TITLE OF MEETING:

Affirmation Session (PUBLIC MEETING)

PLACE OF MEETING:

Rockville, Maryland DATE OF MEETING:

January 15, 2021 was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.

Transcriber: Marcia Pringle Reporter: (TELECONFERENCE)