ML19059A404

Order (Scheduling Oral Argument)

ML19059A404
Person / Time
Site:	Peach Bottom
Issue date:	02/28/2019
From:	Michael Gibson Atomic Safety and Licensing Board Panel
To:	Sue Abreu, Kennedy M Atomic Safety and Licensing Board Panel
SECY RAS
References
50-277-SLR, 50-278-SLR, ASLBP 19-960-01-SLR-BD01, RAS 54826
Download: ML19059A404 (5)

Text

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

Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. Sue H. Abreu In the Matter of Docket Nos. 50-277-SLR and 50-278-SLR EXELON GENERATION COMPANY, LLC ASLBP No. 19-960-01-SLR-BD01 (Peach Bottom Atomic Power Station, Units 2 February 28, 2019 and 3)

ORDER (Scheduling Oral Argument)

On November 19, 2018, petitioner Beyond Nuclear, Inc. (Beyond Nuclear) filed a petition requesting a hearing regarding the subsequent license renewal of Exelon Generating Company, LLCs (Exelon) Peach Bottom Atomic Power Station Units 2 and 3 (Peach Bottom). 1 Beyond Nuclears petition includes two proposed contentions, which read as follows:

Contention 1: Failure to Satisfy NRC Regulations for Aging Management Programs Exelons subsequent license renewal application fails to comply with NRC safety regulation 10 C.F.R. § 54.21(a)(3), nor does it meet the NRCs standards for renewal of an operating license in 10 C.F.R. §§ 54.29(a)(1) and 54.31(a)(1),

because its aging management programs for the subsequent license renewal term do not address any of the following issues:

(a) The degree to which Exelons aging management programs depend on external operating experience, (b) How Exelon will determine what amount of operating experience information is sufficient, and (c) How operating experience will be augmented if it is deemed insufficient.

1 Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Nov. 19, 2018).

Exelons license for Peach Bottom Units 2 and 3 should not be renewed until these actions have been taken. 2 Contention 2: Failure to Address Environmental Impacts of Operating Aging Reactor Equipment During a Second License Renewal Term Exelons Environmental Report for [Peach Bottom] violates the National Environmental Policy Act (NEPA) and NRC implementing regulation 10 C.F.R. § 51.53(c)(2) by failing to address the accident risks posed by operating aging reactor equipment during a second license renewal term. Exelon incorrectly claims that the risk of operating Peach Bottom with aging equipment is a Category 1 issue and therefore exempt from consideration under 10 C.F.R. § 51.53(c)(3) and 10 C.F.R. Part 50, Appendix A. In taking this position, Exelon disregards the plain language of § 51.53(c)(3), which states that the regulation applies only to initial operating license renewal applications.

Exelons application is governed by 10 C.F.R. § 51.53(c)(2), which contains no such exemption.

Exelon also violates NEPA by failing to review and evaluate the existing body of literature regarding reactor aging phenomena and their effects beyond 60 years. Here, there can be no question that the accident risk posed by operating Peach Bottom for an additional twenty years is a relevant environmental consideration. But Exelon does not address the significant body of studies raising concerns about how much is still unknown about the effects of aging on reactor safety equipment.

Exelons Environmental Report should also address the environmental implications of reactor aging issues identified by the NRC Staff in SECY-14-0016. These issues, characterized by the Staff as the most significant technical issues challenging [reactor]

operation beyond 60 years, include reactor pressure vessel embrittlement; irradiation-assisted stress corrosion cracking of reactor internals, concrete structures and containment degradation; and electrical cable qualification and condition assessment.

As stated by senior NRC management, it is the industrys responsibility to resolve these and other issues to provide the technical bases to ensure safe operation beyond 60 years. Beyond Nuclear is aware of no determination that these issues have been resolved since publication of SECY-14-0016. The Environmental Report should address the degree to which a lack of information regarding the effects of aging on reactor systems and components affects the environmental risk posed by extended operation.

Finally, the environmental report [sic] should address the significance of the declining amount of external operating experience available to Exelon to assist and increase its understanding of age-related environmental risks during the subsequent license renewal term. 3 On December 14, 2018, the NRC Staff and Exelon filed respective answers arguing that both of Beyond Nuclears proffered contentions fail to meet the NRCs contention admissibility 2

Id. at 4.

3 Id. at 6-8 (internal citations and references omitted).

standard. 4 On December 21, 2018, Beyond Nuclear submitted a consolidated reply to the NRC Staffs and Exelons respective answers. 5 The Board hereby schedules an oral argument on standing and contention admissibility to be held on Wednesday, March 27, 2019, at the ASLBP Hearing Room in Rockville, Maryland.

The argument will commence at 9:00 AM EST. The Board anticipates that the argument will be completed by 5:00 PM EST that same day. Only authorized representatives or counsel for Beyond Nuclear, Exelon, and the NRC Staff who have entered written notice of appearance pursuant to 10 C.F.R. § 2.314(b) will be entitled to participate.

The sole purpose of the oral argument is to enable the Board to obtain the necessary factual and legal information to determine whether Beyond Nuclear has standing and whether its proffered contentions are admissible. Participants should be prepared to answer the Boards questions concerning all factual and legal issues raised in the pleadings. While this oral argument is open to the public, no witnesses, other representatives of the parties, or members of the public will be heard during the argument.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 28, 2019 4

NRC Staff Answer to Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Dec.

14, 2018); Exelons Answer Opposing Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Dec. 14, 2018).

5 Beyond Nuclears Reply to Exelons and NRC Staffs Oppositions to Hearing Request and Petition to Intervene (Dec. 21, 2018).

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

)

EXELON GENERATION COMPANY, LLC ) Docket Nos. 50-277 and 50-278-SLR

)

(Peach Bottom Atomic Power Station )

Units 2 and 3)

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

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Kayla Gamin, Esq.

Michael M. Gibson, Chair Brian Harris, Esq.

Administrative Judge David Roth, Esq.

Rebecca Susko, Esq.

Dr. Michael F. Kennedy Tison Campbell, Esq.

Administrative Judge Mitzi Young, Esq.

Krupskaya Castellon, Paralegal Dr. Sue H. Abreu E-mail: kayla.gamin@nrc.gov Administrative Judge brian.harris@nrc.gov david.roth@nrc.gov Joseph McManus, Law Clerk rebecca.susko@nrc.gov Taylor Mayhall, Law Clerk tison.campbell@nrc.gov mitzi.young@nrc.gov E-mail: michael.gibson@nrc.gov krupskaya.castellon@nrc.gov michael.kennedy@nrc.gov sue.abreu@nrc.gov joseph.mcmanus@nrc.gov Exelon Generation Company, LLC taylor.mayhall@nrc.gov Donald Ferraro, Esq.

Assistant General Counsel 200 Exelon Way, Suite 305 Kennett Square, PA 19348 E-mail: donald.ferraro@exeloncorp.com

Peach Bottom, Units 2 & 3, Docket Nos. 50-277 & 50-278-SLR ORDER (Scheduling Oral Argument)

Counsel for Beyond Nuclear Counsel for Exelon Diane Curran, Esq. Pillsbury Winthrop Shaw Pittman LLP Harmon, Curran, Spielberg and Eisenberg David Lewis, Esq.

1725 DeSales Street NW, Suite 500 Anne Leidich, Esq.

Washington, DC 20036 1200 17th St. NW E-mail: dcurran@harmoncurran.com Washington, DC 20036-3006 E-mail: david.lewis@pillsburylaw.com anne.leidich@pillsburylaw.com

[Original signed by Diane B. Garvin ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 28th day of February, 2019 2