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| issue date = 03/15/2010 | | issue date = 03/15/2010 | ||
| title = 2010/03/15-NRC Staff'S Unopposed Motion to Correct the Record and Proposed Corrections to the Transcript of the Initial Pre-Hearing Conference Held on March 1, 2010 | | title = 2010/03/15-NRC Staff'S Unopposed Motion to Correct the Record and Proposed Corrections to the Transcript of the Initial Pre-Hearing Conference Held on March 1, 2010 | ||
| author name = Jones A | | author name = Jones A | ||
| author affiliation = NRC/OGC | | author affiliation = NRC/OGC | ||
| addressee name = | | addressee name = |
Revision as of 12:36, 11 July 2019
ML100740558 | |
Person / Time | |
---|---|
Site: | Bellefonte ![]() |
Issue date: | 03/15/2010 |
From: | Andrea Jones NRC/OGC |
To: | |
SECY RAS | |
References | |
50-438-cp, 50-439-CP, ASLBP 10-896-01-CP-BD01, Bellefonte 50-438 and 50-439-CP, RAS 17565 | |
Download: ML100740558 (13) | |
Text
March 15, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-438/50-439-CP ) (Bellefonte Nuclear Power Plant ) ASLBP No. 10-896-01-CP-BD01 Units 1 and 2) )
NRC STAFF'S UNOPPOSED MOTION TO CORRECT THE RECORD AND PROPOSED CORRECTIONS TO THE TRANSCRIPT OF THE INITIAL PRE-HEARING CONFERENCE HELD ON MARCH 1, 2010 In accordance with the Atomic Safety and Licensing Board's ("Board") Memorandum and Order (Initial Prehearing Conference Transcript Corrections) issued on March 5, 2010 ("March 5
Order"), 10 C.F.R. §§ 2.323(a), and 2.327(d), the NRC Staff ("Staff") moves to correct the record
of the initial prehearing conference held on March 1, 2010. This proposed correction consists of
a statement made by Staff counsel, on page 157, line 21, in which 10 C.F.R. § 51.53(b) 1 was inadvertently cited as "51.95b"
- 2. See Appendix A hereto, at 8. In accordance with 10 C.F.R. § 2.323(b), counsel for the Staff has discussed this motion
with counsel for the other participants in this proceeding. Counsels for the TVA and the
Petitioners have no objection to the Staff's motion to correct the statement made by Staff
counsel. Therefore, the Staff respectfully requests that the record be corrected to reflect the correct citation.
1 10 C.F.R. § 51.53 (b) states, in part, "[e]ach applicant for a license to operate a production or utilization facility covered by § 51.20 shall subm it with its application a separate document- ."
2 10 C.F.R. § 51.95(b) states, in part, that "t he NRC staff will prepare a supplement to the final environmental impact statement on the construction per mit for [that] facility, which will update the prior environmental review." Also, in accordance with the Board's March 5 Order, the Staff files its proposed corrections to the transcript, and respectfully requests that the transcript be revised to
incorporate the corrections identified in Appendix A, attached hereto. The Staff provided their
proposed corrections to the transcript to the TVA and the Petitioners who, in turn, provided
proposed corrections on March 12, 2010 and March 15, 2010, respectively. While all of the
participants were unable to come to an agreement on the proposed changes, the Staff has no
objections to TVA's or Petitioners' proposed changes.
Respectfully submitted, /Signed (electronically) by/
Andrea Z. Jones Counsel for NRC Staff
U.S. Nuclear Regulatory Commission
Mail Stop O-15D21
Washington, DC 20555-0001
(301) 415-2246
Andrea.Jones@nrc.gov
Dated at Rockville, Maryland
this 15th day of March, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-438/50-439-CP
)
(Bellefonte Nuclear Power Plant ) ASLBP No. 10-896-01-CP-BD01 Units 1 and 2) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing "NRC STAFF'S UNOPPOSED MOTION TO
CORRECT THE RECORD AND PROPOSED CORRECTIONS TO THE TRANSCRIPT OF THE
INITIAL PRE-HEARING CONFERENCE HELD ON MARCH 1, 2010," dated March 15, 2010, have been served upon the following by the Electronic Information Exchange, this 15th day of
March, 2010:
Administrative Judge
G. Paul Bollwerk, Chair
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T3-F23
Washington, DC 20555-0001
E-mail: paul.bollwerk@nrc.gov
Administrative Judge
Anthony J. Baratta
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T3-F23
Washington, DC 20555-0001
E-mail: ajb5@nrc.gov
Administrative Judge
William W. Sager
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Mail Stop: T3-F23
Washington, DC 20555-0001
Email: william.sager@nrc.gov
Office of Commission Appellate
Adjudication
U.S. Nuclear Regulatory Commission
Mail Stop - O-16G4
Washington, DC 20555-0001
E-mail: OCAAMAIL.resourcel@nrc.gov
Office of the Secretary
Attn: Rulemakings and Adjudications Staff
Mail Stop: O-16G4
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: Hearingdocket@nrc.gov
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T3-F23
Washington, DC 20555-0001 (Via Internal Mail Only)
Kathryn M. Sutton, Esq.
Lawrence J. Chandler, Esq.
Martin J. O'Neill, Esq.
Mary Freeze, Legal Secretary
1111 Pennsylvania Avenue, NW Washington, DC 20004
E-mail: ksutton@morganlewis.com E-mail: lchandler@morganlewis.com E-mail: martin.oneill@morganlewis.com E-mail: mfreeze@morganlewis.com
James B. Dougherty, Esq.
Counsel for Blue Ridge Environmental
Defense League, Inc. (BREDL)
Bellefonte Efficiency & Sustainability Team
Southern Alliance for Clean Energy
709 3 rd St., SW Washington, DC 20024
E-mail: jimdougherty@aol.com
Christopher Chandler, Esq.
Maureen Dunn, Esq.
Maria V. Gillen, Esq.
Scott Vance, Esq.
Edward Vigluicci, Esq.
Tennessee Valley Authority
400 West Summit Hill Drive, WT 6A-K
Knoxville, TN 37902
E-mail: ccchandler@tva.gov E-mail: mhdunn@tva.gov E-mail: mvgillen@tva.gov E-mail: savance@tva.gov E-mail: ejvigluicci@tva.gov
Louis A. Zeller
Representative of Blue Ridge
Environmental
Defense League (BREDL) and Bellefonte
Efficiency and Sustainability Team (BEST)
P.O. Box 88
Glendale Springs, NC 28629
E-mail: BREDL@skybest.com
/Signed (electronically) by/
Andrea Z. Jones Counsel for NRC Staff
U.S. Nuclear Regulatory Commission
Office of the General Counsel
Mail Stop O-15D21
Washington, DC 20555-0001
(301) 415-2246
E-mail: Andrea.Jones@nrc.gov
APPENDIX A NRC STAFF'S PROPOSED CHANGES /CORRECTIONS TO TRANSCRIPT OF INITIAL PRE-HEARING CONFERENCE, MARCH 1, 2010 PAGE / LINE DELETE INSERT 10/1 Christian I am Christine Jochim
26/11 agreed agree
26/18 with good cause with good cause.
26/19 as Your Honors As Your Honors
26/21 the reinstate to reinstate
26/22 that's CLI-0610. that's CLI-06-10, slip op. at 12.
26/24 Your Honor has Your Honors have also
27/3 dissent of it in CLI-0610 and 26 dissent noted in CLI-06-10 at 26
27/5 stated, it is instead a stated, it's not reopening the construction permit proceeding, it's instead a
27/9 didn't have application did not have the application
44/18 As a result, 3-A As a result, all of Contention 3, 3-A
44/20 good cause exist, not NRC good cause exists for the reinstatement, not the NRC
44/22 Petitioners arguing Petitioners argue in
45/6 permits, to terminate its permits to terminated
45/7 subsequently established on subsequently published in the March 13.. Federal Register on March 13th.
45/10 10 C.F.R. 5121 10 C.F.R. 51.21
45/16 conduct in advance for conduct an EIS for
45/23 Bellefonte 1 Bellefonte Units 1
PAGE / LINE DELETE INSERT 46/14 it seek a legal it state a legal
49/20 That means MS. BOOTE: That means
50/4 Under the ER agreement for 3 MS. BOOTE: Under the ER for and 4, would Units 3 and 4, it would
50/5 modified as Units 1 and 2. modified to include construction of Units 1 and 2.
53/3 into a into our
55/6 operating license, operating license application,
55/10 seeing the contention seeing their potential contentions
55/14 Yes, that's right. Yes, that's correct.
55/25 by EIS. They may not by the EIS that the Staff performs, so they may not
60/24 to say there was no regulation to clarify that I did not say there was applied no regulation out there that applied
61/1 does however and and that staff does, however, and that the Staff's NEPA NEPA
61/2-3 requirements has been fulfilled in requirements have been fulfilled in this case before any decision. this case; we evaluated it before making a decision.
61/8 Staff does not have to do EIS. MS. BOOTE: That the Staff does not need to do EIS.
61/9 I seconded in doing an EA staff I responded to this initially, but, to clarify, in doing an EA the staff
61/10 could after determining that an E could have determined that an EIS was necessary and was necessary if significant new information developed.
61/11 however, it did not come to hour However, it did not come to our attention that it attention that we
PAGE / LINE DELETE INSERT 61/12 to conducts an EIS so it is limited to conduct an EIS. So, for the to that reinstatement of the CP, it is limited to that
61/14 it. up.
61/17 Are you asking about why TVA MS. BOOTE: Are you asking about are not AEs why TVA and the Staff both did EAs
65/1 propose in an operating license propose an operating license application, before application before
65/2 staff, would evaluate whether or staff, we would evaluate whether or not to prepare the not to prepare a supplement to the
65/4 (b) we believe (b), I believe
78/16 David Roth for staff. Yes Your Yes, Your Honor. David Roth Honor for Staff.
79/3-4 TVA provided in the staff's TVA provided the EA to the Staff in response to the RAI. response to an RAI.
79/4 We provided you a number We will provide you a ML number
79/5-6 currently will provide the number currently available in ADAMS but that is currently, available in ADAMS
79/6 and publicly available for and has been publicly available for quite
79/15 team for TVA, team, whether raised by TVA,
79/18 in the license application in the operating license application
79/21 sufficient addresses any sufficient new struts, whether it sufficiently addresses any
79/22 of the reinstatement of the construction permit reinstatement
80/6 because as TVA is doing in because, as TVA has noted, and we have noted in
PAGE / LINE DELETE INSERT 80/7 no information speculation that no information; it's speculation that there might been there might be
80/13-14 X to make a size likely qualified. X or room X to make it seismically qualified.
80/16 cause, nevertheless, it is still cause, which the Staff do not view, insufficient to meet nonetheless it is still insufficiently pled to meet
80/23 the employee concerns the employees' concerns
80/24 alluded with has noted with
80/25 As far as other As far as how the
81/1 before you before your Board
84/14 from a from the
84/15 the Staff has the Staff have
84/16 Staff is Staff are
84/20 consider new consider the new
84/22 whether the analysis whether the analyses
85/5 That is correct. One avenue Certainly, that is correct. That is one avenue
85/6 could take the scheduling take, as Your Honors have noted in the scheduling
85/7 including 2206 to have including a 2.206 even an operating plant could have
85/10 Pardon me, we also have what Pardon me, Your Honors, we also have the ML number that
85/13 That's Mike Lema That's Mike Lima
105/5 good cause is the staff would good cause as the Staff have pledge is hardly pled is targeted
105/6 toward the Units towards Units
PAGE / LINE DELETE INSERT 105/8 with regard to how Units with regards to how their Units
105/10-11 TVA safety behaviors and TVA and the Intervenor are in Intervenor are in agreement, agreement that there are changes, and TVA and TVA
105/12-13 reinstatement. Was considered reinstatement was so it could go forward and consider
105/15 Further, I think Further, I need to make sure
105/16-17 license stage. Petitioners state license application stage, because I've heard Petitioners state
105/18 the NEPA power and energy the need for power and energy and energy alternatives and alternatives at
105/21 SACE is proceedings SACE is party to the proceeding
105/24 a need for alternative a need for power or alternatives
analysis
106/1 nobody claimed nobody could claim
106/7 plant fit is plant that is
106/9 demands or would demands, or...and, pardon me, would
106/11 would not presently would not or there presently
106/13 and - service area and the same service area
106/14 request to bring request in order to bring
106/17 not continue the discussion not contain a discussion
106/18 or for power. or need for power.
106/19 proceeding of proceeding on
106/20 any amount of any law or
PAGE / LINE DELETE INSERT 106/23 consideration at the discussion consideration and the discussion of Uits 3 and 4 of Units 3 and 4
106/24 for good cause. don't go for good cause.
107/12-13 absence and the condition, absence of the Commission direction of the contrary, direction to the contrary,
107/13 contrary. The Staff's EIS does not contrary, the Staff's EIS does not contain need for contain need for power or
107/14 energy discussion. energy alternative discussions.
107/19 Part 52 license Part 50 license
108/3 it was a in this
108/4 situation. It situation, there
108/7 arguable arguably
108/22 for many of for amending of
108/22 the 309 where the the 309 or the
108/23-24 somebody with initial somebody had not achieved
108/24-25 did not achieve hadn't achieved
109/7 has to get there needs to be
109/7 to file which would involve
115/3 the prima facial evidence, should the prima facie evidence, showing be waived why the Commission's rules should be waived
115/4-5 alternatives which encompass alternatives which would broadly encompass
115/6 in its own in its OL
134/12-13 dealing with what the reviewing what Commissioner Commissioner wrote. Svinicki wrote.
PAGE / LINE DELETE INSERT 134/13 She described a process On page 2 of her Commission Voting Record, she described a reviewing process
134/19 voting record is voting record makes
134/20-21 and the Commission is looking for the Commission is looking a good cause, proceeding for a good cause proceeding
134/22 this case, so deferred this case, the Commission has directed that's reinstated only to terminated, so a deferred
134/22 not one for good cause. not part of the good cause.
135/8-9 of the testimony nation of the termination
135/10 reinstated what administrations reinstated what actions
135/15 program, but the fact program, however that's not part of good cause, the fact
136/1 programs must be programs are somehow deficient or
136/6 review and if review. If
136/9 an order itself. an order on its own.
136/10-11 action and the staff could, action. The staff through its reviews may,
136/15 there is an there is currently an
136/16-17 permit proceeding is instead permit proceeding, instead
136/22 I believe our I believe, as Your Honors noted before and as our
136/25 then it cannot then whatever the item is can't
137/11 petitioner could be correct petitioners may be entirely correct
137/12 If it is broken If something is broken
PAGE / LINE DELETE INSERT 137/13 the fixing process, whether broken that fixing process, whether it's broken
137/14 putting in service putting it in service
137/15 That, again, the operating And, again, at the operating
137/17 well-crafted intention well-crafted contention
138/11 question, if question, it's if
138/14 assurance, that affect assurance. On that affect
138/17 we thing it's broken and we don't we think it's broken and we don't even -- even - therefore
139/3 say the - the staff in speakings say the plant has been reviewed by that verified the Staff everywhere - The staff had performed inspections that have verified
139/9-10 introduced to it and all Introduced to it. All
139/11 will have will either have
139/18 I could not The corrective actions program, the corporate one, I could not
139/22 TVA -- and the other letter TVA November-Quebec-Alpha-Papa-Lima-November-89-Alpha.--
And also the other letter
140/13 with text staff to verify that. with tech staff to verify for certain.
140/17 deferred laboratories deferred plants
145/5 Bency Svinicki
155/3 official initial
157/21 51.95b 10 C.F.R. § 51.53(b)
159/7 MS. JONES MS. SUTTON
168/23 50.495 50.49(e)(5)
PAGE / LINE DELETE INSERT 169/24 in expecting inspecting