ML11301A330

San Luis Obispo Mothers for Peace'S Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirements to Address Safety and Environmental Implications of the Fukushima Task Force Report

ML11301A330
Person / Time
Site:	Diablo Canyon
Issue date:	10/28/2011
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 21316, 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01
Download: ML11301A330 (4)

Text

October 28, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Pacific Gas and Electric Company Docket Nos. 50-275-LR Diablo Canyon Nuclear Power Plant 50-323-LR Units 1 and 2 SAN LUIS OBISPO MOTHERS FOR PEACES MOTION FOR LEAVE TO SUPPLEMENT BASIS OF CONTENTION REGARDING NEPA REQUIREMENT TO ADDRESS SAFETY AND ENVIRONMENTAL IMPLICATIONS OF THE FUKUSHIMA TASK FORCE REPORT Pursuant to 10 C.F.R. § 2.323, San Luis Obispo Mothers for Peace (SLOMFP) hereby moves for leave to supplement the basis for its contention seeking consideration of the environmental implications of the Fukushima Task Force Report in the License Renewal decision for the Seabrook Nuclear Power Plant. SLOMFP requests the Atomic Safety and Licensing Board (ASLB) to consider the recent issuance of a directive by the Commissioners of the U.S. Nuclear Regulatory Commission (NRC) to the NRC Staff, which requires the Staff to strive to complete and implement the lessons learned from the Fukushima accident within five years - by 2016. SRM/SECY-11-0124, Memorandum from R.W. Borchardt, Executive Director for Operations to Annette L. Vietti-Cook, Secretary, re: Recommended Actions to be Taken Without Delay from the Near-Term Task Force Report (Oct. 18, 2011).1 SRM/SECY 0124 provides further support, in addition to the language of the Task Force Report itself and the Declaration of Dr. Arjun Makhijani, for SLOMFPs contention that the information set forth in the Task Force Report must be considered before the Diablo Canyon nuclear power plant operating license can be renewed. By ordering the Staff to adopt and implement numerous Task 1

The SRM is posted on the NRCs website at http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2011/2011-0124srm.pdf.

Force recommendations, including redefining what level of protection of public health and safety should be regarded as adequate, the Commission makes clear that it believes the lessons learned from the Fukushima accident have safety and environmental significance. See SRM/SECY 0124 at 2.

SLOMFP notes that the issuance of SRM/SECY-11-0124 also undermines the basis for a recent licensing board decision finding that contentions similar to SLOMFPs contention were premature because the Commission itself had not yet accepted or implemented the Task Force Reports conclusions and recommendations. PPL Bell Bend, L.L.C. (Bell Bend Nuclear Power Plant); Luminant Generation Co., L.L.C. (Comanche Peak Nuclear Power Plant, Units 3 and 4);

Energy Northwest (Columbia Generating Station); Southern Nuclear Operating Co. (Vogtle Electric Generating Plants, Units 3 and 4); Duke Energy Carolinas, L.L.C. (William States Lee Nuclear Station, Units 1 and 2), LBP-11-27, __ NRC __, slip op. at 16 (Oct. 18, 2011) (citing Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2), et al., CLI-11-05, __ NRC

__ (Sept. 9, 2011)).2 Respectfully submitted, Electronically signed by Diane Curran Harmon Curran, Spielberg & Eisenberg, L.L.P.

1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 dcurran@harmoncurran.com October 28, 2011 2

SLOMFP has been informed that the Petitioners in those cases plan to request reinstatement of their contentions and a ruling that the contentions are admissible in light of SRM/SECY 0124.

CONSULTATION CERTIFICATE PURSUANT TO 10 C.F.R. § 2.323(b)

I certify that on October 28, 2011, I contacted counsel for the applicant and the NRC Staff in an attempt to obtain their consent to this Motion. Counsel for the applicant stated that the applicant would not take a position on the motion until it had reviewed the motion. Counsel for the NRC Staff responded that the Staff will oppose the motion.

Electronically signed by____________

Diane Curran

CERTIFICATE OF SERVICE I certify that on October 18, 2011, I posted on the NRCs Electronic Information Exchange the foregoing San Luis Obispo Mothers for Peaces Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report. It is my understanding that as a result, the following persons were served:

Office of the Secretary David A. Repka, Esq.

Rules and Adjudications Branch Tyson R. Smith, Esq.

U.S. Nuclear Regulatory Commission Winston & Strawn, LLP 11555 Rockville Pike 1700 K Street N.W.

Rockville, MD 20852 Washington, D.C. 20006-3817 hearingdocket@nrc.gov drepka@winston.com, trsmith@winston.com Susan Uttal, Esq. Alex Karlin, Chair Lloyd Subin, Esq. Atomic Safety and Licensing Board Panel Maxwell Smith, Esq. U.S. Nuclear Regulatory Commission Richard Harper, Esq. Washington, D.C. 20555 Office of General Counsel Alex.Karlin@nrc.gov Mail Stop O-15D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susan.Uttal@nrc.gov Lloyd.Subin@nrc.gov Maxwell.smith@nrc.gov Richard.Harper@nrc.gov Nicholas G. Trikouros Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Nicholas.trikouros@nrc.gov Paul.abramson@nrc.gov Office of Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Electronically signed by Diane Curran