ML13101A347

Order (Adopting Transcript Corrections)

ML13101A347
Person / Time
Site:	San Onofre
Issue date:	04/11/2013
From:	Hawkens E R Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 24374, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01, CLI-12-20
Download: ML13101A347 (10)

Text

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

E. Roy Hawkens, Chairman Dr. Anthony J. Baratta Dr. Gary S. Arnold In the Matter of SOUTHERN CALIFORNIA EDISON CO.

(San Onofre Nuclear Generating Station, Units 2 and 3)

Docket Nos. 50-361-CAL, 50-362-CAL

ASLBP No. 13-924-01-CAL-BD01

April 11, 2013 ORDER (Adopting Transcript Corrections)

On March 22, 2013, we held an oral argument 1 in the Atomic Safety and Licensing Board Panel's (ASLBP's) Rockville, Maryland Hearing Room on the issues referred by the Commission in CLI-12-20.

2 On April 5, 2013, the parties to this proceeding -- Friends of the Earth, Southern California Edison Company, and the NRC Staff -- filed a joint motion for correction of the March 22 oral argument transcript.

3 1 See Licensing Board Order (Setting Oral Argument) (Feb. 22, 2013) at 2 (unpublished).

2 In CLI-12-20, the Commission referred to the ASLBP the following two issues, which arose from the June 18, 2012 intervention petition filed by Petitioner challenging a Confirmatory Action Letter (CAL) issued by the NRC to SCE on March 27, 2012:

(1) whether the CAL constitutes a de facto license amendment that is subject to a hearing opportunity, and if yes, (2) whether Petitioner's hearing request meets the agency's standing and contention admissibility requirements. See Southern Cal. Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), CLI-12-20, 76 NRC __, __ slip op. at 5 (Nov. 8, 2012).

3 See Joint Motion for Correction of Transcript of March 22, 2013 Oral Argument (Apr. 5, 2013).

2 Pursuant to 10 C.F.R. § 2.327(d), this Board adopts the corrections proposed by the parties as presented in Appendix A to this Order, and we also adopt several additional corrections identified in Appendix B to this Order. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD

_________________________________ E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Issued at Rockville, Maryland this 11th day of April 2013.

3 APPENDIX A ADOPTED CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 22, 2013 (DOCKET NO. 50-361-CAL/50-362-CAL)

Page Line Delete Insert 6 20 "concludes and" "concludes that it" 6 25 "In order" "In our order" 7 7 "if wishes" "if it wishes" 7 19 "is not" "is not to" 9 11 "issues" "issues regarding" 9 20 "also the NRC" "also with the NRC" 9 20 "My left" "To my left" 10 8 "a Request for" "Request for" 10 15 "recert" "restart" 12 5 "o0ne?"

"one?" 12 7 "an" "the" 13 7 "us" "SCE's announcement" 13 14 "believe the" "believe that the" 13 16 "that we have voluntary" "that it would be a voluntary" 14 8 "precedence" "precedent" 15 7 "If" "These" 17 21 "conceived" "conceded" 18 9 " [no insert] 18 12 [no deletion] [insert quotation mark at the end of sentence]

18 18 " [no insert] 18 19 "Unite" "Unit" 18 20 [no deletion] [insert quotation mark at the end of sentence] 20 16 [delete period after "CAL"] [insert comma after "CAL" and change uppercase T to lowercase in "this"] 20 24 "MR. AYRES" "JUDGE HAWKENS" 22 3 "stuck" "shut" 23 5 "I think" "I see" 24 4 [delete period after "I'm sorry"] [insert dash between "I'm sorry" and "if you need to make a change-"] 26 13 "figured" "triggered" 27 13 "in that instance" [insert "and that is" after "others" and before "the Commission"] 28 2 [no deletion] [insert commas on either side of "as I read it"] 28 4 [no deletion] [insert comma after "next step"] 28 5 [no deletion] [insert comma after "proceeding"] 28 13 [no deletion] [insert comma after "Judge"] 30 25 "they're" "you're" 31 2 "decision" "position" 33 19 [delete period after "conclusions"] [insert comma after "conclusions"] 36 8 "Results are" "Results in" 4 Page Line Delete Insert 36 13 "how do" "how far do" 41 18 "ASOP" "ASLB" 43 12 "called" "culled" 44 5 "deducting" "deducing" 44 14 [delete comma after "triggering"] [insert dashes before and after "triggering"] 46 18 [no deletion] [insert comma after "that"] 46 19 [no deletion] [insert comma after "us"] 48 19 [delete comma after "that"] [insert dash after "that"] 48 21 [delete comma after second "tubes"] [insert dash after the second "tubes" on line 21] 51 13 "whether restart" "whether Edison's restart" 53 6 "rights." "rights" 53 7 "And" "until" 53 25 "has already" "is already" 54 19 "if they know it" "if it knows it" 59 10 "Can't make a" "It can't make a" 59 12 "eminent" "imminent" 59 18 "3 or" "3, or" 60 9 "precedent the" "precedent that" 60 13 "of referred issue" "of the referred issue" 62 5 "is clearly" "was clearly" 66 22 "was well before" "was submitted well before" 64 3 "at restart" "at the restart" 64 18 "de factor" "de facto" 65 10 "is if by" "is that if by" 66 24 "you've indicated" "you've just indicated" 68 13 "submit amendment. And it's a formal" "submit an amendment, then it's a formal" 68 25 "barr" "bar" 69 7 "are submitting application" "aren't submitting an application" 70 14 "statement" "statements" 70 20 "tubing" "tube" 71 11 "contact for AVBs" "contact force between the AVBs" 72 6 "mixed" "next" 72 16 "assessment" "assessments" 74 11 "or" "are" 74 21 "every time the inspections" "every time we do the routine inspections" 75 24 ", it" ". It" 75 25 "generator or tube" "generator tube" 76 3 "fueling" "refueling" 76 5 "conservative." "conservative here." 76 5 "have five month period where" "have a five month period" 76 8 "paragraph" "paragraph of" 76 25 "eight criterion C2" "eighth criterion in (c)(2)"

77 6 "or" "where" 77 19 "an" "any" 5 Page Line Delete Insert 78 3 "this" "the" 78 19 "we have" "you have" 78 25 "under the 50.59" "under 50.59" 79 3 "is a" "is it a" 79 4 "method."

"method?" 79 9 "we are okay" "you're okay" 80 2 "value" "volume" 80 9 "fitting" "thinning" 80 22 "going to go" "going to go the" 80 23 "would do" "would then be able to do" 80 25 "procedural" "proceduralized" 81 4 "we knew we" "we automatically knew we" 81 7 "were already screened" "were screened" 81 10 "directed coolant" "the reactor coolant" 81 16 "And I mentioned" "And as I mentioned" 81 19 "their" "the" 83 1 "state before" "state, and I believe this was before" 83 17 "Your Honor" "In general" 83 24 "for power" "at full power" 83 25 "do 100" "do a 100" 84 12 "in our" "without a" 84 13 "had raised a" "agrees to" 85 15 "that" "then" 86 13 "every utility has" "other utilities have" 86 14 "to take" "taken" 86 19 "slight, quick clarification" "slight clarification" 86 22 "in" [no insert] 86 23 "our tech" "of that standard tech" 87 3 "analogous what" "analogous to what" 87 14 "in" "at" 87 16 "Okay. Also had a no" "But they also had a no" 88 8 "CAL" "CALs" 88 19 "could" "did" 88 23 "power. We're using to" "power. We're choosing to. We're choosing to" 88 24 "it" "we" 89 7 "agree" "don't believe" 89 24 "We are not" "I don't believe we are" 90 5 "seven" "70" 90 9 "that at" "that both at" 91 6 "taking" "doing" 91 10 "I like in" "I liken" 91 11 "the first line that we" "to the first time that we" 91 16 "power, we're not" "power, and we're not" 91 17 "yet. We" "yet, we" 92 5 "at" "that" 92 16 "organizations" "the regulations" 95 5 "Criteria for" "Criteria 14 for" 6 Page Line Delete Insert 95 17 ADB AVB 96 2 "Yes. I don't" "Again, I don't" 96 3 "in describing" "in describing the" 96 5 "wearing" "wear" 96 8 "assessments which" "assessments, which" 96 9 "program. We" "program, we" 97 6 "indeed" "instead" 97 16 "different analysis. We're talking" "different analyses. You're talking" 97 19 "really different" "really two different" 98 17 "or" "for" 98 18 "if U tube steam" "If there are U tube steam" 98 24 "possibility for in plane" "possibility in a laboratory for in plane" 99 2 "Those were cases of out plane FEI" "I believe those were cases of out of plane FEI" 99 9 "if" "is" 99 24 "credit" "product" 100 1 "ADB content" "AVB contact" 100 2 "ADB content" "AVB contact," 100 3 "fraction we" "fraction, we" 100 14 "had high void" "had relatively high void" 100 15 "you get" "we have" 100 18 "have seen" "assume" 100 19 "presuming" "presumably" 101 6 "Although that sequence" "Although does that sequence" 101 7 "makes sense" "make sense" 102 2 "out right" "out one right" 102 3 "against on the" "against us on the" 102 4 "presumably we'll be enlisting a license" "presumably there'll be a notice of license" 105 14 "in" "and" 106 12 "Unit" [no insert]

108 11 "period" "hearing" 109 23 "that" "the" 110 19 "whether" "with their" 111 21 "that" "the" 112 7 "barr" "bar" 113 12 "there" "they" 113 14 "Do you mean now right" "You may now run" 113 15 "has" "is" 114 3 "a" [no insert] 114 8 "Honor. And that's your word" "Honor, as you're aware." 115 13 "and behalf" "and on behalf" 116 21 "end to" "ended" 117 20 "analysis and" "analysis aside and" 119 10 "give correct" "that said give corrective" 119 22 "in" "a" 122 12 "And" "No and" 124 18 "the same" "is saying" 7 Page Line Insert Delete 126 22 "says as" "has" 126 25 "They" "The" 131 11 "but" "that" 131 16 "or" "and" 132 3 "licensee" "licensing" 132 4 "or" "are" 133 13 "would not" "are not going to" 134 5 "trying" "declining" 134 20 "would" "have" 134 21 "issue" "issued" 134 24 "would" "have" 136 24 "any of these 50.59" "the 50.59 ones which" 137 24 "59(f)" "58 F 3rd 284" 138 9 "an act of" "in fact a" 140 2-3 "an option" "adoption" 141 1 "of" [no insert]

142 14 "to" "and"

8 APPENDIX B ADDITIONAL CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON MARCH 22, 2013 (DOCKET NO. 50-361-CAL/50-362-CAL)

Page Line Delete Insert 5 19 "processing" "proceeding" 12 20 [no deletion] [insert ". When and" after "event" and before "if"]

29 25 "site" "cite" 34 11 "definitely" "definitively" 73 14 "JUDGE HAWKENS" "JUDGE BARATTA" 88 13-14 "couldn't get there from there." "ain't gonna get there from here." 101 10 "admissibility." "admissibility"?

113 15 "power?" "power." 123 8 [no deletion] [insert period after "enforcement"] 136 19 "JUDGE BARATTA" "JUDGE ARNOLD" 144 12 "Standard" "standards in" 145 18 "59.50" "50.59" 147 2 [no deletion] [insert period after "case"]

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

SOUTHERN CALIFORNIA EDISON CO. )

)

) Docket Nos. 50-361-CAL (San Onofre Nuclear Generating Station - ) 50-362-CAL Units 2 and 3) )

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

Office of Commission Appellate

Adjudication 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-3 F23 Washington, DC 20555-0001

E. Roy Hawkens Chief Administrative Judge E-mail: roy.hawkens@nrc.gov

Anthony J. Baratta

Administrative Judge

Email: anthony.baratta@nrc.gov Gary S. Arnold Administrative Judge

Email: gary.arnold@nrc.gov

U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001

Hearing Docket E-mail: hearingdocket@nrc.gov Southern California Edison Company

Douglas Porter, Esq.

Director and Managing Attorney Generation Policy and Resources Law Department 2244 Walnut Grove Ave., GO1, Q3B, 335C

Rosemead, CA 91770

Email: douglas.porter@sce.com Counsel for Licensee

Morgan, Lewis & Bockius, LLP 1111 Pennsylvania, Ave. N.W.

Washington, D.C. 20004 Paul M. Bessette, Esq. Kathryn M. Sutton, Esq.

Stephen J. Burdick, Esq.

Steven P. Frantz, Esq.

William E. Baer, Jr.

Mary Freeze, Legal Secretary Lena M. Long, Legal Secretary E-mail: pbessette@morganlewis.com sburdick@morganlewis.com ksutton@morganlewis.com

wbaer@morganlewis.com sfrantz@morganlewis.com

mfreeze@morganlewis.com llong@morganlewis.com

San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-361 and 50-362-CAL ORDER (Adopting Transcript Corrections) 2U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001 Edward Williamson, Esq.

David Roth, Esq.

Catherine Kanatas, Esq. David Cylkowski, Esq. Jeremy Wachutka, Esq.

Email: edward.williamson@nrc.gov david.roth@nrc.gov catherine.kanatas@nrc.gov

david.cylkowski@nrc.gov jeremy.wachutka@nrc.gov

OGG Mail Center: ogcmailcenter@nrc.gov

Friends of the Earth Ayres Law Group 1707 L St., NW

Suite 850 Washington, D.C. 20036

Richard E. Ayres, Esq.

Jessica L. Olson, Esq. Kristin L. Hines, Esq.

Email: ayresr@ayreslawgroup.com olsonj@ayreslawgroup.com hinesk@ayreslawgroup.com Natural Resources Defense Council Geoffrey H. Fettus, Esq.

1152 15 th Street, NW Suite 300 Washington, DC 20005 Email: gfettus@nrdc.org

[Original signed by Herald M. Speiser ] Office of the Secretary of the Commission

Dated at Rockville, Maryland

this 11 th day of April, 2013