ML062490418

SRM-M060906 - Affirmation Session: I. SECY-06-0166 PG&E Diablo Canyon ISFSI, Motion by San Luis Obispo Mothers for Peace, Sierra Club & Peg Pinard; Ii. SECY-06-0169 Amergen Energy Co. LLC License Renewal for Oyster Creek; Iii. SECY-06-0174

ML062490418
Person / Time
Site:	Oyster Creek, Diablo Canyon
Issue date:	09/06/2006
From:	Annette Vietti-Cook NRC/SECY
To:	Cordes J NRC/OCAA
References
72-26-ISFSI, LBP-06-07, LBP-06-11, LBP-06-12.63, LBP-06-4.63, M060906, SECY-06-0166, SECY-06-0169, SECY-06-0174 SRM-M060906
Download: ML062490418 (2)

Text

IN RESPONSE, PLEASEREFER TO: M060906September 6, 2006MEMORANDUM FOR:John F. Cordes, DirectorOffice of Commission Appellate AdjudicationFROM:Annette L. Vietti-Cook, Secretary /RA/

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, 1:50 P.M.,WEDNESDAY, SEPTEMBER 6, 2006, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

I.SECY-06-0166 - Pacific Gas & Elec. Co. (Diablo Canyon ISFSI), Docket No.72-26-ISFSI "Motion by San Luis Obispo Mothers for Peace, Sierra Club, and PegPinard for Declaratory and Injunctive Relief with Respect to Diablo Canyon ISFSI"The Commission approved a Memorandum and Order responding to a motion by San LuisObispo Mothers for Peace, Sierra Club, and Peg Pinard for Declaratory and Injunctive Relief (collectively as "SLOMFP") with respect to the Diablo Canyon independent spent fuel storage installation (ISFSI). Based on a recent court decision in the Ninth Circuit, SLOMFP asks the NRC to declare the PG&E ISFSI license invalid, declare that any further construction by PG&E will be conducted at its own risk, and prevent PG&E from loading spent fuel into the ISFSIpending completion of an Environmental Impact Statement discussing the environmentalimpacts of a terrorist attack. The Memorandum and Order denies SLOMFP's motion for declaratory and injunctive relief as unnecessary and premature. Commissioner Jaczko hasoffered a separate dissenting opinion. (Subsequently, on September 6, 2006, the Secretary signed the Memorandum and Order.)

II.SECY-06-0169 - Amergen Energy Company, LLC (License Renewal for Oyster CreekNuclear Generating Station) Docket No. 50-0219, Legal Challenges to LBP-06-07 andLBP-06-11The Commission approved a Memorandum and Order responding to four legal challenges tothe Atomic Safety and Licensing Board's decisions in LBP-06-07 and LBP-06-11. In LBP 07, the Board rejected proposed contentions filed by the New Jersey Department ofEnvironmental Protection ("New Jersey") and admitted a narrowed version of the proposed contention filed by the Nuclear Information and Resource Service ("NIRS"), Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation (collectively, "Citizens"). An appeal filed by New Jersey argues that its three proposed contentions should have been admitted. Appeals filed by AmerGen and the NRC staff arguethat the Board erred in admitting the narrowed version of the Citizen's proposed contention. In LBP-06-11, the Board denied a motion by Citizens for leave to add contentions or supplementthe basis of its original contention. An appeal filed by Citizens challenges this denial. The Memorandum and Order affirms the Board's decision in LBP-06-07 with respect to New Jersey's appeal of the rejection of its second and third contentions and denies review of LBP-06-11. Decisions on New Jersey's appeal of the rejection of its first contention and on AmerGen's and the NRC staff's appeals of LBP-06-07 are postponed until further notice. Commissioner Jaczko has offered a separate dissenting opinion.(Subsequently, on September 6, 2006, the Secretary signed the Memorandum and Order.)

III.SECY-06-0174 - Pa'ina Hawaii, LLC, LBP-06-4, 63 NRC 99 (2006) and LBP-06-12, 63 NRC 409 (2006)The Commission approved a Memorandum and Order responding to an appeal by Pa'inaHawaii of two Atomic Safety and Licensing Board Orders issued on January 24, 2006 and March 24, 2006 which admitted for litigation two environmental contentions and one safety contention. The Memorandum and Order dismisses Pa'ina's appeal as untimely. (Subsequently, on September 6, 2006, the Secretary signed the Memorandum and Order.)cc:Chairman Klein Commissioner McGaffigan Commissioner Merrifield Commissioner Jaczko Commissioner Lyons EDO OGC CFO OCAA OCA OIG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR