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| issue date = 10/27/2014
| issue date = 10/27/2014
| title = Notice and Order (Scheduling Oral Argument)
| title = Notice and Order (Scheduling Oral Argument)
| author name = Froehlich W J
| author name = Froehlich W
| author affiliation = NRC/ASLBP
| author affiliation = NRC/ASLBP
| addressee name =  
| addressee name =  
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{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of:  
William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of:                                     Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING CO.                    ASLBP No. 11-907-01-LR-BD01 (Davis-Besse Nuclear Power Station, Unit 1)          October 27, 2014 NOTICE AND ORDER (Scheduling Oral Argument)
Before this Board is a motion from Beyond Nuclear, Citizens Environment Alliance of Southwester Ontario, Dont Waste Michigan, and the Green Party of Ohio (collectively Intervenors) seeking admission of a proposed contention, Contention 7, concerning shield building cracking at the Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse).1 Intervenors proposed Contention 7, as amended, reads:
FENOCs revisions to the AMPs in its Shield Building Monitoring Program, dated July 3, 2014, acknowledge not only the risk, but the reality, of aging-related cracking propagation - that is, worsening - in the already severely cracked Shield Building, an admission which brings the issue within the scope of this License Renewal Application proceeding. FENOCs proposed modifications to its Shield 1
See generally Intervenors Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs [Aging Management Programs] in Shield Building Monitoring Program (Sept. 2, 2014). On September 8, 2014, Intervenors submitted a motion to amend and supplement Contention 7. See generally Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 8, 2014) [hereinafter Motion to Amend Contention 7];
see also Erratum to Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 12, 2014) (correcting a citation to a document referenced in the Motion to Amend Contention 7).


FIRSTENERGY NUCLEAR OPERATING CO.
Building Monitoring Program AMPs, regarding the scope (areas of the Shield Building to be examined), sample size (number of tests to be performed), and the frequency of its surveillance activities, are woefully inadequate. Significantly more core bores, as well as a broader diversity of complementary testing methods should be required, and at a much greater frequency than FENOC has proposed. The cracking phenomena must be identified, analyzed and addressed within the Final Supplemental Environmental Impact Statement for the license renewal both in the consideration of alternatives to granting the 20-year license extension for Davis-Besse as well as in the Severe Accident Mitigation Alternatives analysis (SAMA). The cracking problems do not support a conclusion that there is reasonable assurance that Davis-Besse can be operated in a manner protective of the public health and safety under the Atomic Energy Act during the 20-year proposed license extension period.[2]
(Davis-Besse Nuclear Power Station, Unit 1)
The NRC Staff and FirstEnergy Nuclear Operating Company (FENOC) filed separate answers to Intervenors motions on October 3, 2014.3 Both argue that Contention 7, as amended, is untimely and fails to meet the contention admissibility requirements specified in 10 C.F.R. § 2.309(f)(1) (2014).4 Intervenors filed their reply on October 10, 2014.5 The Board hereby schedules an oral argument on Contention 7. The oral argument will be held at the NRC on November 12, 2014, in the Advisory Committee on Reactor Safeguards Meeting Room 2 (Room #2B1), which is on the second floor of Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852.6 Argument will commence at 9:00 AM EST.
 
Only the duly authorized representatives or counsel for Intervenors, FENOC, and the NRC Staff who have entered an appearance pursuant to 10 C.F.R. § 2.314(b) will be entitled to 2
Docket No. 50-346-LR
Motion to Amend Contention 7 at 2 (emphasis removed; footnote omitted).
 
3 See generally FENOCs Answer Opposing Admission of Intervenors Original and Amended Contention No. 7 (Oct. 3, 2014) [hereinafter FENOC Answer]; NRC Staffs Answer to Intervenors Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Oct. 3, 2014) [hereinafter NRC Staff Answer].
ASLBP No. 11-907-01-LR-BD01 October 27, 2014 NOTICE AND ORDER  (Scheduling Oral Argument) Before this Board is a motion from Beyond Nuclear, Citizens Environment Alliance of Southwester Ontario, Don't Waste Michigan, and the Green Party of Ohio (collectively Intervenors) seeking admission of a proposed contention, Contention 7, concerning shield building cracking at the Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse).
1  Intervenors' proposed Contention 7, as amended, reads:  FENOC's revisions to the AMPs in its Shield Building Monitoring Program, dated July 3, 2014, acknowledge not only the risk, but the reality, of aging-related cracking propagation - that is, worsening - in the already severely cracked Shield Building, an admission which brings the issue within the scope of this License Renewal Application proceeding. FENOC's proposed modifications to its Shield 1 See generally Intervenors' Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs [Aging Management Programs] in Shield Building Monitoring Program (Sept. 2, 2014). On September 8, 2014, Intervenors submitted a motion to amend and supplement Contention 7. See generally Intervenors' Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 8, 2014) [hereinafter Motion to Amend Contention 7]; see also Erratum to Intervenors' Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 12, 2014) (correcting a citation to a document referenced in the Motion to Amend Contention 7).      Building Monitoring Program AMPs, regarding the scope (areas of the Shield Building to be examined), sample size (number of tests to be performed), and the frequency of its surveillance activities, are woefully inadequate. Significantly more core bores, as well as a broader diversity of complementary testing methods should be required, and at a much greater frequency than FENOC has proposed. The cracking phenomena must be identified, analyzed and addressed  
 
within the Final Supplemental Environmental Impact Statement for the license renewal both in the consideration of alternatives to granting the 20-year license extension for Davis-Besse as well as in the Severe Accident Mitigation Alternatives analysis (SAMA). The cracking problems do not support a conclusion that there is "reasonable assurance" that Davis-Besse can be operated in a manner protective of the public health and safety under the Atomic Energy Act during the 20-year proposed license extension period.[
2] The NRC Staff and FirstEnergy Nuclear Operating Company (FENOC) filed separate answers to Intervenors' motions on October 3, 2014.
3 Both argue that Contention 7, as amended, is untimely and fails to meet the contention admissibility requirements specified in 10 C.F.R. § 2.309(f)(1) (2014).
4 Intervenors filed their reply on October 10, 2014.
5   The Board hereby schedules an oral argument on Contention 7. The oral argument will be held at the NRC on November 12, 2014, in the Advisory Committee on Reactor Safeguards Meeting Room 2 (Room #2B1), which is on the second floor of Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852.
6 Argument will commence at 9:00 AM EST. Only the duly authorized representatives or counsel for Intervenors, FENOC, and the NRC Staff who have entered an appearance pursuant to 10 C.F.R. § 2.314(b) will be entitled to 2 Motion to Amend Contention 7 at 2 (emphasis removed; footnote omitted).
3 See generally FENOC's Answer Opposing Admission of Intervenors' Original and Amended Contention No. 7 (Oct. 3, 2014) [hereinafter FENOC Answer]; NRC Staff's Answer to Intervenors' Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking  
 
and Inadequate AMPs in Shield Building Monitoring Program (Oct. 3, 2014) [hereinafter NRC Staff Answer].
4 See FENOC Answer at 2-3; NRC Staff Answer at 2-3.
4 See FENOC Answer at 2-3; NRC Staff Answer at 2-3.
5 See generally Intervenors' Reply In Support of Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Oct. 10, 2014).
5 See generally Intervenors Reply In Support of Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Oct. 10, 2014).
6 This date and location were selected after input from the parties. participate. The parties will be able to participate in the argument in person or via telephone. Those parties wishing to participate in person should contact the Board's law clerk, Sachin Desai, at 301-415-6532 or Sachin.Desai@nrc.gov, no later than Friday, November 7, 2014 to provide their names for security purposes. Those wishing to participate by telephone should contact Sachin Desai no later than Monday, November 10, 2014 to receive the telephone conference number and passcode. The oral argument will proceed as follows. First, we will hear short opening statements, limited to ten minutes each, from Intervenors, FENOC and the NRC Staff. Second, we will hear oral argument on the admissibility of Contention 7. Third, we will hear closing statements, limited to five minutes each, from each of the parties. Except for the opening and closing statements, the sole purpose of the oral argument is to allow the Board to ask questions and receive answers in order to assist the Board in deciding the timeliness and contention admissibility issues presented by the pleadings. A preliminary list of topics to be addressed at the oral argument is attached as Appendix A to this Notice and Order. We may specify additional questions or topics in a subsequent order or at the commencement of oral argument. Nonetheless, the participants should be prepared to answer questions concerning all issues raised in the pleadings. No witnesses, other representatives of the parties, or members of the public will be heard at this time. However, a listen-only line will be available for members of the public that wish to listen to the proceedings by telephone. Interested members of the public should contact Sachin Desai no later than Monday, November 10, 2014 to receive the listen-only telephone conference number and passcode. This is an adjudicatory proceeding and the Board intends to conduct an orderly oral argument, focused solely on whether Contention 7 should be admitted.
6 This date and location were selected after input from the parties.
All persons participating in person should arrive at the NRC at least fifteen minutes early so as to allow sufficient time to pass through security screening. Those participating by telephone    should be on the line at least five minutes early so as to allow time to work through any technical issues that may arise. It is so ORDERED.            FOR THE ATOMIC SAFETY AND LICENSING BOARD
_________________________
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland        October 27, 2014 Appendix A Preliminary List of Topics to be addressed at the November 12, 2014 Oral Argument The parties shall be prepared to answer questions related to: A) The parties' understandings of the shield building's design functions and current licensing basis and how they are impacted by the cracking phenomena now and during the license renewal period; B) The specific alleged inadequacies in the Davis-Besse Aging Management Program(s) for the shield building during the license renewal period; C) The specific alleged inadequacies in the Davis-Besse SAMA analysis with regard to the shield building cracking phenomena; D) Specific findings documented in the root cause analyses; E) Intervenors' Motion to Amend and Supplement Contention 7 at page 8 refers to "a May 8, 2012 email from Timothy Riley of NRC's office of OCA to Ohio's two U.S. Senators (Exh. A hereto)."  Was this email submitted as an exhibit to Intervenors' motion?
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )  )
FIRST ENERGY NUCLEAR OPERATING  )
COMPANY )  Docket No. 50-346-LR 
)
(Davis-Besse Nuclear Power Station, Unit 1) )  )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE AND ORDER (Scheduling Oral Argument) have been served upon the following persons by Electronic Information Exchange. Office of Commission Appellate Adjudication
 
Mail Stop O-7H4M U.S. Nuclear Regulatory Commission Washington, DC  20555-0001
 
E-mail: ocaamail@nrc.gov
 
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission.
Mail Stop T-3F23 Washington, DC  20555-0001
 
William J. Froehlich, Chair Administrative Judge E-mail:
william.froehlich@nrc.gov Nicholas G. Trikouros
 
Administrative Judge
 
E-mail: nicholas.trikouros@nrc.gov William E. Kastenberg
 
Administrative Judge
 
E-mail: wek1@nrc.gov Kathleen Schroeder, Law Clerk E-mail:  kathleen.schroeder@nrc.gov Sachin Desai, Law Clerk
 
E-mail:  sachin.desai@nrc.gov Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission


Mail Stop O-16C1 Washington, DC  20555-0001 Hearing Docket
participate. The parties will be able to participate in the argument in person or via telephone.
Those parties wishing to participate in person should contact the Boards law clerk, Sachin Desai, at 301-415-6532 or Sachin.Desai@nrc.gov, no later than Friday, November 7, 2014 to provide their names for security purposes. Those wishing to participate by telephone should contact Sachin Desai no later than Monday, November 10, 2014 to receive the telephone conference number and passcode.
The oral argument will proceed as follows. First, we will hear short opening statements, limited to ten minutes each, from Intervenors, FENOC and the NRC Staff. Second, we will hear oral argument on the admissibility of Contention 7. Third, we will hear closing statements, limited to five minutes each, from each of the parties. Except for the opening and closing statements, the sole purpose of the oral argument is to allow the Board to ask questions and receive answers in order to assist the Board in deciding the timeliness and contention admissibility issues presented by the pleadings. A preliminary list of topics to be addressed at the oral argument is attached as Appendix A to this Notice and Order. We may specify additional questions or topics in a subsequent order or at the commencement of oral argument.
Nonetheless, the participants should be prepared to answer questions concerning all issues raised in the pleadings.
No witnesses, other representatives of the parties, or members of the public will be heard at this time. However, a listen-only line will be available for members of the public that wish to listen to the proceedings by telephone. Interested members of the public should contact Sachin Desai no later than Monday, November 10, 2014 to receive the listen-only telephone conference number and passcode. This is an adjudicatory proceeding and the Board intends to conduct an orderly oral argument, focused solely on whether Contention 7 should be admitted.
All persons participating in person should arrive at the NRC at least fifteen minutes early so as to allow sufficient time to pass through security screening. Those participating by telephone


E-mail: hearingdocket@nrc.gov Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC  20555-0001 Edward L. Williamson, Esq.
should be on the line at least five minutes early so as to allow time to work through any technical issues that may arise.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
                                                                /RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 27, 2014


E-mail: edward.williamson@nrc.gov Beth Mizuno, Esq.
Appendix A Preliminary List of Topics to be addressed at the November 12, 2014 Oral Argument The parties shall be prepared to answer questions related to:
E-mail:
A) The parties understandings of the shield buildings design functions and current licensing basis and how they are impacted by the cracking phenomena now and during the license renewal period; B) The specific alleged inadequacies in the Davis-Besse Aging Management Program(s) for the shield building during the license renewal period; C) The specific alleged inadequacies in the Davis-Besse SAMA analysis with regard to the shield building cracking phenomena; D) Specific findings documented in the root cause analyses; E) Intervenors Motion to Amend and Supplement Contention 7 at page 8 refers to a May 8, 2012 email from Timothy Riley of NRCs office of OCA to Ohios two U.S. Senators (Exh. A hereto). Was this email submitted as an exhibit to Intervenors motion?
beth.mizuno@nrc.gov Brian Harris, Esq.
E-mail: brian.harris@nrc.gov Catherine Kanatas, Esq.
E-mail: catherine.kanatas@nrc.gov John Tibbetts, Paralegal E-mail:  john.tibbetts@nrc.gov OGC Mail Center :
OGCMailCenter@nrc.gov FirstEnergy Service Company. Mailstop: A-GO-15 76 South Main Street Akron, OH  44308 David W. Jenkins, Esq.  


E-mail : djenkins@firstenergycorp.com
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of                                )
                                                )
FIRST ENERGY NUCLEAR OPERATING                  )
COMPANY                                      )            Docket No. 50-346-LR
                                                )
(Davis-Besse Nuclear Power Station, Unit 1)    )
                                                )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE AND ORDER (Scheduling Oral Argument) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate                    Office of the Secretary of the Commission Adjudication                                  U.S. Nuclear Regulatory Commission Mail Stop O-7H4M                                  Mail Stop O-16C1 U.S. Nuclear Regulatory Commission                Washington, DC 20555-0001 Washington, DC 20555-0001                        Hearing Docket E-mail: ocaamail@nrc.gov                          E-mail: hearingdocket@nrc.gov Office of the General Counsel Atomic Safety and Licensing Board Panel          U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission.              Mail Stop O-15D21 Mail Stop T-3F23                                  Washington, DC 20555-0001 Washington, DC 20555-0001                        Edward L. Williamson, Esq.
E-mail: edward.williamson@nrc.gov William J. Froehlich, Chair                      Beth Mizuno, Esq.
Administrative Judge                              E-mail: beth.mizuno@nrc.gov E-mail: william.froehlich@nrc.gov                Brian Harris, Esq.
E-mail: brian.harris@nrc.gov Nicholas G. Trikouros                            Catherine Kanatas, Esq.
Administrative Judge                              E-mail: catherine.kanatas@nrc.gov E-mail: nicholas.trikouros@nrc.gov                John Tibbetts, Paralegal E-mail: john.tibbetts@nrc.gov William E. Kastenberg Administrative Judge                              OGC Mail Center : OGCMailCenter@nrc.gov E-mail: wek1@nrc.gov FirstEnergy Service Company.
Kathleen Schroeder, Law Clerk                    Mailstop: A-GO-15 E-mail: kathleen.schroeder@nrc.gov                76 South Main Street Akron, OH 44308 Sachin Desai, Law Clerk                          David W. Jenkins, Esq.
E-mail: sachin.desai@nrc.gov                      E-mail : djenkins@firstenergycorp.com


Davis-Besse Nuclear Power Station, Docket No. 50-346-LR NOTICE AND ORDER (Scheduling Oral Argument)
Davis-Besse Nuclear Power Station, Docket No. 50-346-LR NOTICE AND ORDER (Scheduling Oral Argument)
Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, D.C. 20004 Stephen Burdick, Esq.  
Morgan, Lewis & Bockius                           Dont Waste Michigan 1111 Pennsylvania Avenue, NW                       811 Harrison Street Washington, D.C. 20004                             Monroe, Michigan 48161 Stephen Burdick, Esq.                             Michael Keegan E-mail: sburdick@morganlewis.com                   E-mail: mkeeganj@comcast.net Kathryn M. Sutton, Esq.
 
E-mail: ksutton@morganlewis.com                   Terry J. Lodge, Counsel for CEA, Dont Martin ONeill, Esq.                               Waste Michigan, and Green Party of Ohio E-mail: martin.oneill@morganlewis.com             316 N. Michigan Street, Suite 520 Timothy Matthews, Esq.                             Toledo, OH 43604-5627 E-mail: tmatthews@morganlewis.com                  E-mail: tjlodge50@yahoo.com Jane Accomando, Esq.
E-mail: sburdick@morganlewis.com Kathryn M. Sutton, Esq.
E-mail: jaccomando@morganlewis.com                 Beyond Nuclear Grant Eskelsen, Esq.                               6930 Carroll Avenue Suite 400 E-mail: geskelsen@morganlewis.com                 Takoma Park, Md. 20912 Mary Freeze, Legal Secretary                       Kevin Kamps E-mail: mfreeze@morganlewis.com                   E-mail : kevin@beyondnuclear.org Paul Brown, Legal Secretary                       Paul Gunter E-mail: pbrown@morganlewis.com                     E-mail : paul@beyondnuclear.org Citizens Environmental Alliance (CEA) of Southwestern Ontario 1950 Ottawa Street Windsor, Ontario Canada N8Y 197 Green Party of Ohio 2626 Robinwood Avenue Toledo, Ohio 43610
E-mail: ksutton@morganlewis.com Martin O'Neill, Esq.
[Original signed by Brian Newell       ]
E-mail: martin.oneill@morganlewis.com Timothy Matthews, Esq.
Office of the Secretary of the Commission Dated at Rockville, Maryland this 27th day of October, 2014}}
E-mail: tmatthews@morganlewis.com Jane Accomando, Esq.
E-mail: jaccomando@morganlewis.com Grant Eskelsen, Esq.
E-mail: geskelsen@morganlewis.com Mary Freeze, Legal Secretary E-mail: mfreeze@morganlewis.com Paul Brown, Legal Secretary E-mail: pbrown@morganlewis.com Citizens Environmental Alliance (CEA)  
 
of Southwestern Ontario 1950 Ottawa Street Windsor, Ontario Canada N8Y 197  
 
Green Party of Ohio 2626 Robinwood Avenue Toledo, Ohio 43610 Don't Waste Michigan 811 Harrison Street Monroe, Michigan  48161
 
Michael Keegan
 
E-mail: mkeeganj@comcast.net Terry J. Lodge, Counsel for CEA, Don't    Waste Michigan, and Green Party of Ohio
 
316 N. Michigan Street, Suite 520
 
Toledo, OH  43604-5627
 
E-mail: tjlodge50@yahoo.com Beyond Nuclear 6930 Carroll Avenue Suite 400
 
Takoma Park, Md. 20912 Kevin Kamps E-mail :
kevin@beyondnuclear.org Paul Gunter E-mail :
paul@beyondnuclear.org
 
        [Original signed by Brian Newell           ]                                         Office of the Secretary of the Commission  
 
Dated at Rockville, Maryland this 27th day of October, 2014}}

Latest revision as of 17:06, 5 February 2020

Notice and Order (Scheduling Oral Argument)
ML14300A184
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 10/27/2014
From: William Froehlich
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-346-LR, ASLBP 11-907-01-LR-BD01, RAS 26749
Download: ML14300A184 (7)
v • d • e


Text

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

William J. Froehlich, Chairman Nicholas G. Trikouros Dr. William E. Kastenberg In the Matter of: Docket No. 50-346-LR FIRSTENERGY NUCLEAR OPERATING CO. ASLBP No. 11-907-01-LR-BD01 (Davis-Besse Nuclear Power Station, Unit 1) October 27, 2014 NOTICE AND ORDER (Scheduling Oral Argument)

Before this Board is a motion from Beyond Nuclear, Citizens Environment Alliance of Southwester Ontario, Dont Waste Michigan, and the Green Party of Ohio (collectively Intervenors) seeking admission of a proposed contention, Contention 7, concerning shield building cracking at the Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse).1 Intervenors proposed Contention 7, as amended, reads:

FENOCs revisions to the AMPs in its Shield Building Monitoring Program, dated July 3, 2014, acknowledge not only the risk, but the reality, of aging-related cracking propagation - that is, worsening - in the already severely cracked Shield Building, an admission which brings the issue within the scope of this License Renewal Application proceeding. FENOCs proposed modifications to its Shield 1

See generally Intervenors Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs [Aging Management Programs] in Shield Building Monitoring Program (Sept. 2, 2014). On September 8, 2014, Intervenors submitted a motion to amend and supplement Contention 7. See generally Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 8, 2014) [hereinafter Motion to Amend Contention 7];

see also Erratum to Intervenors Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Sept. 12, 2014) (correcting a citation to a document referenced in the Motion to Amend Contention 7).

Building Monitoring Program AMPs, regarding the scope (areas of the Shield Building to be examined), sample size (number of tests to be performed), and the frequency of its surveillance activities, are woefully inadequate. Significantly more core bores, as well as a broader diversity of complementary testing methods should be required, and at a much greater frequency than FENOC has proposed. The cracking phenomena must be identified, analyzed and addressed within the Final Supplemental Environmental Impact Statement for the license renewal both in the consideration of alternatives to granting the 20-year license extension for Davis-Besse as well as in the Severe Accident Mitigation Alternatives analysis (SAMA). The cracking problems do not support a conclusion that there is reasonable assurance that Davis-Besse can be operated in a manner protective of the public health and safety under the Atomic Energy Act during the 20-year proposed license extension period.[2]

The NRC Staff and FirstEnergy Nuclear Operating Company (FENOC) filed separate answers to Intervenors motions on October 3, 2014.3 Both argue that Contention 7, as amended, is untimely and fails to meet the contention admissibility requirements specified in 10 C.F.R. § 2.309(f)(1) (2014).4 Intervenors filed their reply on October 10, 2014.5 The Board hereby schedules an oral argument on Contention 7. The oral argument will be held at the NRC on November 12, 2014, in the Advisory Committee on Reactor Safeguards Meeting Room 2 (Room #2B1), which is on the second floor of Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852.6 Argument will commence at 9:00 AM EST.

Only the duly authorized representatives or counsel for Intervenors, FENOC, and the NRC Staff who have entered an appearance pursuant to 10 C.F.R. § 2.314(b) will be entitled to 2

Motion to Amend Contention 7 at 2 (emphasis removed; footnote omitted).

3 See generally FENOCs Answer Opposing Admission of Intervenors Original and Amended Contention No. 7 (Oct. 3, 2014) [hereinafter FENOC Answer]; NRC Staffs Answer to Intervenors Motion for Admission of Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Oct. 3, 2014) [hereinafter NRC Staff Answer].

4 See FENOC Answer at 2-3; NRC Staff Answer at 2-3.

5 See generally Intervenors Reply In Support of Motion to Amend and Supplement Contention No. 7 on Worsening Shield Building Cracking and Inadequate AMPs in Shield Building Monitoring Program (Oct. 10, 2014).

6 This date and location were selected after input from the parties.

participate. The parties will be able to participate in the argument in person or via telephone.

Those parties wishing to participate in person should contact the Boards law clerk, Sachin Desai, at 301-415-6532 or Sachin.Desai@nrc.gov, no later than Friday, November 7, 2014 to provide their names for security purposes. Those wishing to participate by telephone should contact Sachin Desai no later than Monday, November 10, 2014 to receive the telephone conference number and passcode.

The oral argument will proceed as follows. First, we will hear short opening statements, limited to ten minutes each, from Intervenors, FENOC and the NRC Staff. Second, we will hear oral argument on the admissibility of Contention 7. Third, we will hear closing statements, limited to five minutes each, from each of the parties. Except for the opening and closing statements, the sole purpose of the oral argument is to allow the Board to ask questions and receive answers in order to assist the Board in deciding the timeliness and contention admissibility issues presented by the pleadings. A preliminary list of topics to be addressed at the oral argument is attached as Appendix A to this Notice and Order. We may specify additional questions or topics in a subsequent order or at the commencement of oral argument.

Nonetheless, the participants should be prepared to answer questions concerning all issues raised in the pleadings.

No witnesses, other representatives of the parties, or members of the public will be heard at this time. However, a listen-only line will be available for members of the public that wish to listen to the proceedings by telephone. Interested members of the public should contact Sachin Desai no later than Monday, November 10, 2014 to receive the listen-only telephone conference number and passcode. This is an adjudicatory proceeding and the Board intends to conduct an orderly oral argument, focused solely on whether Contention 7 should be admitted.

All persons participating in person should arrive at the NRC at least fifteen minutes early so as to allow sufficient time to pass through security screening. Those participating by telephone

should be on the line at least five minutes early so as to allow time to work through any technical issues that may arise.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 27, 2014

Appendix A Preliminary List of Topics to be addressed at the November 12, 2014 Oral Argument The parties shall be prepared to answer questions related to:

A) The parties understandings of the shield buildings design functions and current licensing basis and how they are impacted by the cracking phenomena now and during the license renewal period; B) The specific alleged inadequacies in the Davis-Besse Aging Management Program(s) for the shield building during the license renewal period; C) The specific alleged inadequacies in the Davis-Besse SAMA analysis with regard to the shield building cracking phenomena; D) Specific findings documented in the root cause analyses; E) Intervenors Motion to Amend and Supplement Contention 7 at page 8 refers to a May 8, 2012 email from Timothy Riley of NRCs office of OCA to Ohios two U.S. Senators (Exh. A hereto). Was this email submitted as an exhibit to Intervenors motion?

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

)

FIRST ENERGY NUCLEAR OPERATING )

COMPANY ) Docket No. 50-346-LR

)

(Davis-Besse Nuclear Power Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE AND ORDER (Scheduling Oral Argument) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate Office of the Secretary of the Commission Adjudication U.S. Nuclear Regulatory Commission Mail Stop O-7H4M Mail Stop O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov Office of the General Counsel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission. Mail Stop O-15D21 Mail Stop T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward L. Williamson, Esq.

E-mail: edward.williamson@nrc.gov William J. Froehlich, Chair Beth Mizuno, Esq.

Administrative Judge E-mail: beth.mizuno@nrc.gov E-mail: william.froehlich@nrc.gov Brian Harris, Esq.

E-mail: brian.harris@nrc.gov Nicholas G. Trikouros Catherine Kanatas, Esq.

Administrative Judge E-mail: catherine.kanatas@nrc.gov E-mail: nicholas.trikouros@nrc.gov John Tibbetts, Paralegal E-mail: john.tibbetts@nrc.gov William E. Kastenberg Administrative Judge OGC Mail Center : OGCMailCenter@nrc.gov E-mail: wek1@nrc.gov FirstEnergy Service Company.

Kathleen Schroeder, Law Clerk Mailstop: A-GO-15 E-mail: kathleen.schroeder@nrc.gov 76 South Main Street Akron, OH 44308 Sachin Desai, Law Clerk David W. Jenkins, Esq.

E-mail: sachin.desai@nrc.gov E-mail : djenkins@firstenergycorp.com

Davis-Besse Nuclear Power Station, Docket No. 50-346-LR NOTICE AND ORDER (Scheduling Oral Argument)

Morgan, Lewis & Bockius Dont Waste Michigan 1111 Pennsylvania Avenue, NW 811 Harrison Street Washington, D.C. 20004 Monroe, Michigan 48161 Stephen Burdick, Esq. Michael Keegan E-mail: sburdick@morganlewis.com E-mail: mkeeganj@comcast.net Kathryn M. Sutton, Esq.

E-mail: ksutton@morganlewis.com Terry J. Lodge, Counsel for CEA, Dont Martin ONeill, Esq. Waste Michigan, and Green Party of Ohio E-mail: martin.oneill@morganlewis.com 316 N. Michigan Street, Suite 520 Timothy Matthews, Esq. Toledo, OH 43604-5627 E-mail: tmatthews@morganlewis.com E-mail: tjlodge50@yahoo.com Jane Accomando, Esq.

E-mail: jaccomando@morganlewis.com Beyond Nuclear Grant Eskelsen, Esq. 6930 Carroll Avenue Suite 400 E-mail: geskelsen@morganlewis.com Takoma Park, Md. 20912 Mary Freeze, Legal Secretary Kevin Kamps E-mail: mfreeze@morganlewis.com E-mail : kevin@beyondnuclear.org Paul Brown, Legal Secretary Paul Gunter E-mail: pbrown@morganlewis.com E-mail : paul@beyondnuclear.org Citizens Environmental Alliance (CEA) of Southwestern Ontario 1950 Ottawa Street Windsor, Ontario Canada N8Y 197 Green Party of Ohio 2626 Robinwood Avenue Toledo, Ohio 43610

[Original signed by Brian Newell ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 27th day of October, 2014

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