ML15153A192

Notice and Order (Scheduling Oral Argument)

ML15153A192
Person / Time
Site:	Diablo Canyon
Issue date:	06/02/2015
From:	Paul Ryerson Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-275, 50-323, ASLBP 15-941-05-LA-BD01, RAS 27881
Download: ML15153A192 (5)

Text

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

Paul S. Ryerson, Chairman Dr. Gary S. Arnold Nicholas G. Trikouros In the Matter of Docket No. 50-275 Docket No. 50-323 PACIFIC GAS & ELECTRIC COMPANY ASLBP No. 15-941-05-LA-BD01 (Diablo Canyon Nuclear Power Plant, Units 1 and 2) June 2, 2015 NOTICE AND ORDER (Scheduling Oral Argument)

Before the Board is a limited portion, as referred by the Commission,1 of a hearing request and petition to intervene submitted by Friends of the Earth (FoE) alleging a de facto license amendment to the operating licenses held by Pacific Gas & Electric Company (PG&E) for Diablo Canyon Power Plant Units 1 and 2.2 The Board will hear oral argument on July 9, 2015 at 1:00 p.m. EDT or at such time as a prior oral argument is concluded.3 The argument will be held in the Atomic Safety and Licensing 1

See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI 14, 81 NRC __, __ , __ (slip op. at 2, 7) (May 21, 2015).

2 Petition to Intervene and Request for Hearing by Friends of the Earth (Aug. 26, 2014) (Hearing Request).

3 See Licensing Board Notice and Order (Scheduling Oral Argument), Pacific Gas & Electric Co.

(Diablo Canyon Nuclear Power Plant, Units 1 and 2), Nos. 50-275-LR/50-323-LR (June 2, 2015)

(unpublished).

Board Panels hearing room, located within the Nuclear Regulatory Commissions headquarters at 11555 Rockville Pike, Rockville, Maryland 20852.

The Board emphasizes that the purpose of the Commissions referral is to determine whether Friends of the Earth has identified an NRC activity that requires an opportunity to request an adjudicatory hearing pursuant to section 189a. of the Atomic Energy Act of 1954, as amended (AEA).4 The Commissions referral also includes such threshold issues as standing, timeliness (including the timeliness of arguments raised in FoEs reply), and satisfaction of the contention admissibility standards of 10 C.F.R. § 2.309.5 The argument shall consist primarily of questions from the Board. However, the parties will be permitted to make brief opening statements, not to exceed ten minutes. Specific questions from the Board may be forthcoming prior to the argument.

The Board will consider the pleadings previously submitted to the Commission.6 Additionally, in accordance with the Commissions direction, PG&E and the NRC Staff may, if they wish, respond on or before June 15, 2015 to FoEs assertion that the Staff has approved PG&Es Final Safety Analysis Report Update, Revision 21, and this action, standing alone, grants PG&E greater operating authority and alters the terms of the operating licenses.7 4

Diablo Canyon, CLI-15-4, 81 NRC at __ (slip op. at 2); see also id. at __ (slip op. at 7) (The scope of the referral is limited to whether the NRC granted PG&E greater authority than that provided by its existing licenses or otherwise altered the terms of PG&Es existing licenses, thereby entitling Friends of the Earth to an opportunity to request a hearing pursuant to AEA section 189a.).

5 See id. at __ (slip op. at 8).

6 Hearing Request; Pacific Gas and Electric Companys Answer to Friends of the Earth Hearing Request (Oct. 6, 2014); NRC Staff Answer to Petition to Intervene and Request for Hearing by Friends of the Earth (Oct. 6, 2014); Friends of the Earths Reply to NRC Staffs and Pacific Gas

& Electric Companys Answers and Proposed Amicus Curiae Nuclear Energy Institutes Brief in Response to Petition to Intervene and Request for Hearing (Oct. 14, 2014).

7 Diablo Canyon, CLI-15-4, 81 NRC at __ (slip op. at 8) (citing Friends of the Earths Reply to NRC Staffs and Pacific Gas & Electric Companys Answers and Proposed Amicus Curiae Nuclear Energy Institutes Brief in Response to Petition to Intervene and Request for Hearing (Oct. 14, 2014) at 11-19).

Finally, no timely opposition having been expressed, the Nuclear Energy Institute (NEI) Motion for Leave to File Amicus Curiae Brief8 is granted.9 The Board contemplates no further written submissions.

All participants in the July 9, 2015 oral argument, as well as members of the public who wish to observe, should arrive at least fifteen minutes early to pass through security at One White Flint North and to proceed to the hearing room, located on the third floor of Two White Flint North.

Members of the public that wish to view the oral argument via webstreaming, or listen by telephone, should contact the Boards law clerk, Alana Wase at Alana.Wase@nrc.gov or 301-415-6693 no later than July 2, 2015.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 2, 2015 8

Nuclear Energy Institute Motion for Leave to File Amicus Curiae Brief (Oct. 6, 2014) at 1 n.2.

9 See Diablo Canyon, CLI-15-4, 81 NRC at __ n.12 (slip op. at 5 n.12) (granting the Licensing Board jurisdiction over NEIs request).

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

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275 and 50-323

)

(Diablo Canyon Nuclear Power Plant, )

Units 1 and 2) )

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 the Electronic Information Exchange.

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-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul S. Ryerson, Chairman Edward L. Williamson, Esq.

Administrative Judge E-mail: edward.williamson@nrc.gov E-mail: Paul.Ryerson@nrc.gov Beth Mizuno, Esq.

E-mail: beth.mizuno@nrc.gov Dr. Gary S. Arnold David Roth, Esq.

Administrative Judge E-mail: david.roth@nrc.gov E-mail: Gary.Arnold@nrc.gov Jeremy Wachutka, Esq.

E-mail: jeremy.wachutka@nrc.gov Nicholas G. Trikouros Joseph Lindell, Esq.

Administrative Judge E-mail: joseph.lindell@nrc.gov E-mail: Nicholas.Trikouros@nrc.gov Mitzi Young E-mail: Mitzi.young@nr.gov Alana Wase, Law Clerk John Tibbetts, Paralegal alana.wase@nrc,gov E-mail: john.tibbetts@nrc.gov OGC Mail Center E-mail: OGCMailCenter@nrc.gov 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-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov

2 Diablo Canyon Nuclear Power Plant - Docket Nos. 50-275 and 50-323 NOTICE AND ORDER (Scheduling Oral Argument)

Counsel for Pacific Gas and Counsel for Friends of the Earth Electric Company Ayers Law Group LLP Winston & Strawn, LLP 1707 L Street NW, Suite 850 101 California Street Washington, DC 20036 San Francisco, CA 94111-5802 Richard E. Ayres, Esq.

David A. Repka, Esq. E-mail: ayresr@ayreslawgroup.com E-mail: drepka@winston.com Jessica Olson, Esq.

Tyson Smith, Esq. E-mail: olsonj@ayreslawgroup.com E-mail: trsmith@winston.com John Bernetich, Esq.

Darani Reddick, Esq. E-mail: bernetichj@ayreslawgroup.com dreddick@winston.com Carlos Sisco, Senior Paralegal E-mail: csisco@winston.com

[Original signed by Clara Sola]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 2nd day of June, 2015