ML24129A015

Memorandum and Order (Granting Joint Intervenors Motion to Amend Contention 3) Corrected Document Title in EIE

ML24129A015
Person / Time
Site:	North Anna
Issue date:	05/08/2024
From:	Gary Arnold, Michael Gibson, Nicholas Trikouros Atomic Safety and Licensing Board Panel
To:	Beyond Nuclear, Sierra Club
SECY RAS
References
RAS 57011, ASLBP 24-984-02-SLR-BD01, 50-338-SLR-2, 50-339-SLR-2
Download: ML24129A015 (0)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD PANEL

Before the Licensing Board:

Michael M. Gibson, Chair Dr. Gary S. Arnold NicholasG.Trikouros

In the Matter of: Docket Nos. 50-338-SLR-2 50-339-SLR-2 VIRGINIA ELECTRIC AND POWER COMPANY ASLBP No. 24-984-02-SLR-BD01

(North Anna Power Station Units 1 & 2) May 7, 2024

MEMORANDUM AND ORDER (Granting Joint Intervenors Motion to Amend Contention 3)

This proceeding concerns the twenty-year subsequent renewal of the licenses for North

Anna Power Station Units 1 and 2, which currently authorize Virginia Electric and Power

Company (VEPCO) to operate North Anna Power Station, Units 1 and 2, located in Louisa

County, Virginia, until, respectively, April 1, 2038 and August 21, 2040. On January 8, 2024, a

notice was published in the Federal Register announcing the opportunity to request a hearing

on the draft site-specific environmental impact statement issued by the Nuclear Regulatory

Commission Staff (NRC Staff).1 Beyond Nuclear, Inc. (Beyond Nuclear) and the Sierra Club,

Inc. (Sierra Club) submitted a hearing request through the agencys E-Filing system on March

28, 2024.2 On April 3, 2024, this Licensing Board was established to rule on standing and

contention admissibility matters and to preside at any hearing. 3

1 See 89 Fed. Reg. 960 (Jan. 8, 2024).

2 See Hearing Request and Petition to Intervene by Beyond Nuclear and the Sierra Club (Mar.

28, 2024).

3 See Establishment of Atomic Safety and Licensing Board (April 3, 2024).

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Subsequently, on April 11, 2024, Beyond Nuclear and the Sierra Club submitted a

motion to amend their Contention 3 to cite a recent report by the General Accounting Office

(GAO): GAO-106326, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the

Potential Effects of Climate Change (April 2024). 4 More specifically, Petitioners seek to amend

Section B, the Basis Statement for Contention 3, by adding several observations and

conclusions that support Petitioners Contention 3. 5 Petitioners also submit that they satisfy the

good cause standard in 10 C.F.R. § 2.309(c)(i)-(iii) for their amended contention, namely that

(1) the information upon which the filing is based was not previously available, (2) the

information upon which the filing is based is materially different from information previously

available, and (3) the filing has been submitted in a timely fashion based on the availability of

the subsequent information. 6

In its Answer, VEPCO opposes the motion and argues that it should be denied for a lack

of demonstrating good cause.7 While the NRC Staff does not directly oppose the motion, it

maintains that the amendment still does not make Contention 3 admissible under 10 C.F.R. §

2.309(f)(1)(i)-(vi).8

The Board finds that, contrary to VEPCOs assertion, Petitioners have satisfied the

good cause standard in 10 C.F.R. § 2.309(c)(i)-(iii), as the GAO Report was issued after the

petition was filed and so Petitioners could not have included the information therein in their

4 See Motion by Beyond Nuclear and the Sierra Club to Amend Their Contention 3 Regarding Failure to Consider Environmental Impacts of Climate Change at 1 (Apr. 11, 2024).

5 Id. at 3.

6 See id. at 6-7.

7 See Applicants Answer to the Hearing Request and Petition to Intervene and Motion for Leave to Amend Contention 3 Filed by Beyond Nuclear and Sierra Club at 42 (May 6, 2024).

8 See NRC Staff Answer in Opposition to Petition for Leave to Intervene Filed by Beyond Nuclear Inc. and Sierra Club, Inc. at 33-44 (May 6, 2024).

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basis statement. Accordingly, the Board grants the Petitioners motion to amend their

Contention 3.

It is so ORDERED.

THE ATOMIC SAFETY ANDLICENSINGBOARD

/RA/

Michael M. Gibson, Chair ADMINISTRATIVEJUDGE

/RA/

Dr.GaryS.Arnold ADMINISTRATIVEJUDGE

/RA/

Nicholas G. Trikouros ADMINISTRATIVEJUDGE

Rockville, Maryland

May 7, 2024 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

VIRGINIA ELECTRIC AND POWER COMPANY ) Docket Nos. 50-338-SLR-2

) 50- 339 -SLR-2 (North Anna Power Station, Units 1 and 2) )

)

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Granting Joint Intervenors Motion to Amend Contention 3) 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 General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov David E. Roth, Esq.

Sherwin E. Turk, Esq.

Susan H. Vrahoretis, Esq.

U.S. Nuclear Regulatory Commission Reuben I. Siegman, Esq.

Office of the Secretary of the Commission Caitlin R. Byrd, Paralegal Mail Stop: O-16B33 Georgiann E. Hampton, Paralegal Washington, DC 20555-0001 E-mail: david.roth@nrc.gov E-mail: hearingdocket@nrc.gov sherwin.turk@nrc.gov susan.vrahoretis@nrc.gov reuben.siegman@nrc.gov U.S. Nuclear Regulatory Commission caitlin.byrd@nrc.gov Atomic Safety and Licensing Board Panel georgiann.hampton@nrc.gov Mail Stop: T-3F23 Washington, DC 20555-0001 Michael M. Gibson, C hair, Administrative Counsel for Virginia Electric and Power Judge Company Nicholas G. Trikouros, Administrative Judge Morgan, Lewis & Bockius, LLC Dr. Gary S. Arnold, Administrative Judge 1111 Pennsylvania Ave NW Emily Newman, Law Clerk Washington, DC 20004 E-mail: michael.gibson@nrc.gov Paul Bessette, Esq.

nicholas.trikouros@nrc.gov Scott Clausen, Esq.

gary.arnold@nrc.gov Ryan K. Lighty, Esq.

emily.newman@nrc.gov E-mail: paul.bessette@morganlewis.com scott.clausen@morganlewis.com ryan.lighty@morganlewis.com

Virginia Electric and Power Company (North Anna Power Station, Units 1 and 2, Docket Nos.

50- 338-SLR-2 and 50-339-SLR-2)

MEMORANDUM AND ORDER (Granting Joint Intervenors Motion to Amend Contention 3)

Counsel for Beyond Nuclear and Beyond Nuclear Sierra Club Reactor Oversight Project Harmon, Curran, Spielberg, & 7304 Carroll Avenue #182 Eisenberg, LLP Takoma Park, MD 20912 1725 DeSales Street, N.W. Paul Gunter Suite 500 E-mail: paul@beyondnuclear.org Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com

Office of the Secretary of the Commission

Dated at Rockville, Maryland, this 7th day of May 202 4.

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