ML24129A015
| 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 Nicholas G. Trikouros In the Matter of:
VIRGINIA ELECTRIC AND POWER COMPANY (North Anna Power Station Units 1 & 2)
Docket Nos. 50-338-SLR-2 50-339-SLR-2 ASLBP No. 24-984-02-SLR-BD01 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).
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).
basis statement. Accordingly, the Board grants the Petitioners motion to amend their Contention 3.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD Michael M. Gibson, Chair ADMINISTRATIVE JUDGE Dr. Gary S. Arnold ADMINISTRATIVE JUDGE Nicholas G. Trikouros ADMINISTRATIVE JUDGE Rockville, Maryland May 7, 2024
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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VIRGINIA ELECTRIC AND POWER COMPANY
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Docket Nos. 50-338-SLR-2
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50-339-SLR-2 (North Anna Power Station, Units 1 and 2)
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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 Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Michael M. Gibson, Chair, Administrative Judge Nicholas G. Trikouros, Administrative Judge Dr. Gary S. Arnold, Administrative Judge Emily Newman, Law Clerk E-mail: michael.gibson@nrc.gov nicholas.trikouros@nrc.gov gary.arnold@nrc.gov emily.newman@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David E. Roth, Esq.
Sherwin E. Turk, Esq.
Susan H. Vrahoretis, Esq.
Reuben I. Siegman, Esq.
Caitlin R. Byrd, Paralegal Georgiann E. Hampton, Paralegal E-mail: david.roth@nrc.gov sherwin.turk@nrc.gov susan.vrahoretis@nrc.gov reuben.siegman@nrc.gov caitlin.byrd@nrc.gov georgiann.hampton@nrc.gov Counsel for Virginia Electric and Power Company Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette, Esq.
Scott Clausen, Esq.
Ryan K. Lighty, Esq.
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) 2 Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &
Eisenberg, LLP 1725 DeSales Street, N.W.
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 7th day of May 2024.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.05.07 14:16:17 -04'00'