ML13101A347

Order (Adopting Transcript Corrections)

ML13101A347
Person / Time
Site:	San Onofre
Issue date:	04/11/2013
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 24374, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01, CLI-12-20
Download: ML13101A347 (10)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Anthony J. Baratta Dr. Gary S. Arnold In the Matter of Docket Nos. 50-361-CAL, 50-362-CAL SOUTHERN CALIFORNIA EDISON CO.

ASLBP No. 13-924-01-CAL-BD01 (San Onofre Nuclear Generating Station, Units 2 and 3)

April 11, 2013 ORDER (Adopting Transcript Corrections)

On March 22, 2013, we held an oral argument1 in the Atomic Safety and Licensing Board Panels (ASLBPs) Rockville, Maryland Hearing Room on the issues referred by the Commission in CLI-12-20.2 On April 5, 2013, the parties to this proceeding -- Friends of the Earth, Southern California Edison Company, and the NRC Staff -- filed a joint motion for correction of the March 22 oral argument transcript.3 1

See Licensing Board Order (Setting Oral Argument) (Feb. 22, 2013) at 2 (unpublished).

2 In CLI-12-20, the Commission referred to the ASLBP the following two issues, which arose from the June 18, 2012 intervention petition filed by Petitioner challenging a Confirmatory Action Letter (CAL) issued by the NRC to SCE on March 27, 2012:

(1) whether the CAL constitutes a de facto license amendment that is subject to a hearing opportunity, and if yes, (2) whether Petitioners hearing request meets the agencys standing and contention admissibility requirements. See Southern Cal. Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), CLI-12-20, 76 NRC __, __

slip op. at 5 (Nov. 8, 2012).

3 See Joint Motion for Correction of Transcript of March 22, 2013 Oral Argument (Apr. 5, 2013).

2 Pursuant to 10 C.F.R. § 2.327(d), this Board adopts the corrections proposed by the parties as presented in Appendix A to this Order, and we also adopt several additional corrections identified in Appendix B to this Order.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

_________________________________

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Issued at Rockville, Maryland this 11th day of April 2013.

3 APPENDIX A ADOPTED CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 22, 2013 (DOCKET NO. 50-361-CAL/50-362-CAL)

Page Line Delete Insert 6 20 concludes and concludes that it 6 25 In order In our order 7 7 if wishes if it wishes 7 19 is not is not to 9 11 issues issues regarding 9 20 also the NRC also with the NRC 9 20 My left To my left 10 8 a Request for Request for 10 15 recert restart 12 5 o0ne? one?

12 7 an the 13 7 us SCEs announcement 13 14 believe the believe that the 13 16 that we have voluntary that it would be a voluntary 14 8 precedence precedent 15 7 If These 17 21 conceived conceded 18 9 [no insert]

18 12 [no deletion] [insert quotation mark at the end of sentence]

18 18 [no insert]

18 19 Unite Unit 18 20 [no deletion] [insert quotation mark at the end of sentence]

20 16 [delete period after CAL] [insert comma after CAL and change uppercase T to lowercase in this]

20 24 MR. AYRES JUDGE HAWKENS 22 3 stuck shut 23 5 I think I see 24 4 [delete period after Im sorry] [insert dash between Im sorry and if you need to make a change]

26 13 figured triggered 27 13 in that instance [insert and that is after others and before the Commission]

28 2 [no deletion] [insert commas on either side of as I read it]

28 4 [no deletion] [insert comma after next step]

28 5 [no deletion] [insert comma after proceeding]

28 13 [no deletion] [insert comma after Judge]

30 25 theyre youre 31 2 decision position 33 19 [delete period after conclusions] [insert comma after conclusions]

36 8 Results are Results in

4 Page Line Delete Insert 36 13 how do how far do 41 18 ASOP ASLB 43 12 called culled 44 5 deducting deducing 44 14 [delete comma after triggering] [insert dashes before and after triggering]

46 18 [no deletion] [insert comma after that]

46 19 [no deletion] [insert comma after us]

48 19 [delete comma after that] [insert dash after that]

48 21 [delete comma after second [insert dash after the second tubes on tubes] line 21]

51 13 whether restart whether Edisons restart 53 6 rights. rights 53 7 And until 53 25 has already is already 54 19 if they know it if it knows it 59 10 Cant make a It cant make a 59 12 eminent imminent 59 18 3 or 3, or 60 9 precedent the precedent that 60 13 of referred issue of the referred issue 62 5 is clearly was clearly 66 22 was well before was submitted well before 64 3 at restart at the restart 64 18 de factor de facto 65 10 is if by is that if by 66 24 youve indicated youve just indicated 68 13 submit amendment. And its a submit an amendment, then its a formal formal 68 25 barr bar 69 7 are submitting application arent submitting an application 70 14 statement statements 70 20 tubing tube 71 11 contact for AVBs contact force between the AVBs 72 6 mixed next 72 16 assessment assessments 74 11 or are 74 21 every time the inspections every time we do the routine inspections 75 24 , it . It 75 25 generator or tube generator tube 76 3 fueling refueling 76 5 conservative. conservative here.

76 5 have five month period where have a five month period 76 8 paragraph paragraph of 76 25 eight criterion C2 eighth criterion in (c)(2) 77 6 or where 77 19 an any

5 Page Line Delete Insert 78 3 this the 78 19 we have you have 78 25 under the 50.59 under 50.59 79 3 is a is it a 79 4 method. method?

79 9 we are okay youre okay 80 2 value volume 80 9 fitting thinning 80 22 going to go going to go the 80 23 would do would then be able to do 80 25 procedural proceduralized 81 4 we knew we we automatically knew we 81 7 were already screened were screened 81 10 directed coolant the reactor coolant 81 16 And I mentioned And as I mentioned 81 19 their the 83 1 state before state, and I believe this was before 83 17 Your Honor In general 83 24 for power at full power 83 25 do 100 do a 100 84 12 in our without a 84 13 had raised a agrees to 85 15 that then 86 13 every utility has other utilities have 86 14 to take taken 86 19 slight, quick clarification slight clarification 86 22 in [no insert]

86 23 our tech of that standard tech 87 3 analogous what analogous to what 87 14 in at 87 16 Okay. Also had a no But they also had a no 88 8 CAL CALs 88 19 could did 88 23 power. Were using to power. Were choosing to. Were choosing to 88 24 it we 89 7 agree dont believe 89 24 We are not I dont believe we are 90 5 seven 70 90 9 that at that both at 91 6 taking doing 91 10 I like in I liken 91 11 the first line that we to the first time that we 91 16 power, were not power, and were not 91 17 yet. We yet, we 92 5 at that 92 16 organizations the regulations 95 5 Criteria for Criteria 14 for

6 Page Line Delete Insert 95 17 ADB AVB 96 2 Yes. I dont Again, I dont 96 3 in describing in describing the 96 5 wearing wear 96 8 assessments which assessments, which 96 9 program. We program, we 97 6 indeed instead 97 16 different analysis. Were talking different analyses. Youre talking 97 19 really different really two different 98 17 or for 98 18 if U tube steam If there are U tube steam 98 24 possibility for in plane possibility in a laboratory for in plane 99 2 Those were cases of out plane I believe those were cases of out of FEI plane FEI 99 9 if is 99 24 credit product 100 1 ADB content AVB contact 100 2 ADB content AVB contact, 100 3 fraction we fraction, we 100 14 had high void had relatively high void 100 15 you get we have 100 18 have seen assume 100 19 presuming presumably 101 6 Although that sequence Although does that sequence 101 7 makes sense make sense 102 2 out right out one right 102 3 against on the against us on the 102 4 presumably well be enlisting a presumably therell be a notice of license license 105 14 in and 106 12 Unit [no insert]

108 11 period hearing 109 23 that the 110 19 whether with their 111 21 that the 112 7 barr bar 113 12 there they 113 14 Do you mean now right You may now run 113 15 has is 114 3 a [no insert]

114 8 Honor. And thats your word Honor, as youre aware.

115 13 and behalf and on behalf 116 21 end to ended 117 20 analysis and analysis aside and 119 10 give correct that said give corrective 119 22 in a 122 12 And No and 124 18 the same is saying

7 Page Line Insert Delete 126 22 says as has 126 25 They The 131 11 but that 131 16 or and 132 3 licensee licensing 132 4 or are 133 13 would not are not going to 134 5 trying declining 134 20 would have 134 21 issue issued 134 24 would have 136 24 any of these 50.59 the 50.59 ones which 137 24 59(f) 58 F 3rd 284 138 9 an act of in fact a 140 2-3 an option adoption 141 1 of [no insert]

142 14 to and

8 APPENDIX B ADDITIONAL CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 22, 2013 (DOCKET NO. 50-361-CAL/50-362-CAL)

Page Line Delete Insert 5 19 processing proceeding 12 20 [no deletion] [insert . When and after event and before if]

29 25 site cite 34 11 definitely definitively 73 14 JUDGE HAWKENS JUDGE BARATTA 88 13-14 couldnt get there from there. aint gonna get there from here.

101 10 admissibility. admissibility?

113 15 power? power.

123 8 [no deletion] [insert period after enforcement]

136 19 JUDGE BARATTA JUDGE ARNOLD 144 12 Standard standards in 145 18 59.50 50.59 147 2 [no deletion] [insert period after case]

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

SOUTHERN CALIFORNIA EDISON CO. )

)

) Docket Nos. 50-361-CAL (San Onofre Nuclear Generating Station - ) 50-362-CAL Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Adopting Transcript Corrections) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate Southern California Edison Company Adjudication Douglas Porter, Esq.

U.S. Nuclear Regulatory Commission Director and Managing Attorney Washington, DC 20555-0001 Generation Policy and Resources E-mail: ocaamail@nrc.gov Law Department 2244 Walnut Grove Ave., GO1, Q3B, 335C Atomic Safety and Licensing Board Panel Rosemead, CA 91770 U.S. Nuclear Regulatory Commission Email: douglas.porter@sce.com Mail Stop - T-3 F23 Washington, DC 20555-0001 Counsel for Licensee Morgan, Lewis & Bockius, LLP E. Roy Hawkens 1111 Pennsylvania, Ave. N.W.

Chief Administrative Judge Washington, D.C. 20004 E-mail: roy.hawkens@nrc.gov Paul M. Bessette, Esq.

Kathryn M. Sutton, Esq.

Anthony J. Baratta Stephen J. Burdick, Esq.

Administrative Judge Steven P. Frantz, Esq.

Email: anthony.baratta@nrc.gov William E. Baer, Jr.

Mary Freeze, Legal Secretary Gary S. Arnold Lena M. Long, Legal Secretary Administrative Judge E-mail: pbessette@morganlewis.com Email: gary.arnold@nrc.gov sburdick@morganlewis.com ksutton@morganlewis.com U.S. Nuclear Regulatory Commission wbaer@morganlewis.com Office of the Secretary of the Commission sfrantz@morganlewis.com Mail Stop O-16C1 mfreeze@morganlewis.com Washington, DC 20555-0001 llong@morganlewis.com Hearing Docket E-mail: hearingdocket@nrc.gov

San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-361 and 50-362-CAL ORDER (Adopting Transcript Corrections)

U.S. Nuclear Regulatory Commission Friends of the Earth Office of the General Counsel Ayres Law Group Mail Stop - O-15 D21 1707 L St., NW Washington, DC 20555-0001 Suite 850 Edward Williamson, Esq. Washington, D.C. 20036 David Roth, Esq. Richard E. Ayres, Esq.

Catherine Kanatas, Esq. Jessica L. Olson, Esq.

David Cylkowski, Esq. Kristin L. Hines, Esq.

Jeremy Wachutka, Esq. Email: ayresr@ayreslawgroup.com Email: edward.williamson@nrc.gov olsonj@ayreslawgroup.com david.roth@nrc.gov hinesk@ayreslawgroup.com catherine.kanatas@nrc.gov david.cylkowski@nrc.gov jeremy.wachutka@nrc.gov Natural Resources Defense Council Geoffrey H. Fettus, Esq.

1152 15th Street, NW Suite 300 OGG Mail Center: ogcmailcenter@nrc.gov Washington, DC 20005 Email: gfettus@nrdc.org

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 11th day of April, 2013 2