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Category:Legal-Pleading
MONTHYEARML20279A4812020-10-0505 October 2020 C-10 Research and Education Foundation'S Reply to Oppositions to Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09 ML20272A2742020-09-28028 September 2020 Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply and Motion for Leave to File INT053 ML20254A2342020-09-10010 September 2020 Nextera'S Answer Opposing C-10 Motion for Leave and Motion for Partial Reconsideration of LBP-20-9 ML20254A2352020-09-10010 September 2020 Nextera'S Answer Opposing C-10 Motion to Reopen the Record for Consideration of Supplemental Testimony ML20244A3212020-08-31031 August 2020 C-10 Research and Education Foundation'S Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09 ML20244A3202020-08-31031 August 2020 C-10 Research and Education Foundation'S Motion for Leave to File Motion for Partial Reconsideration of LBP-20-09 ML20043E2542020-01-31031 January 2020 Redacted C-10 Research and Education'S Supplemental Proposed Findings of Fact and Conclusions of Law ML20031D6992020-01-31031 January 2020 NRC Staff Supplemental Proposed Findings of Fact and Conclusions of Law ML20031E7222020-01-31031 January 2020 NextEra Energy Seabrook Llc'S Supplemental Proposed Findings of Fact and Conclusions of Law ML19354C4482019-12-20020 December 2019 C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19353D4192019-12-19019 December 2019 C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19347D0672019-12-13013 December 2019 NextEra Energy Seabrook Llc'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19347D0702019-12-13013 December 2019 NextEra Energy Seabrook Llc'S Responsive Proposed Findings of Fact and Conclusions of Law ML19333B9702019-11-29029 November 2019 Unopposed Motion for Extension of Time to Seek Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML20043E2522019-11-27027 November 2019 Redacted Corrected C-10 Research and Education Foundation'S Proposed Findings of Fact and Conclusions of Law ML19325D9092019-11-21021 November 2019 NRC Staff Proposed Findings of Fact and Conclusions of the Law for the Admitted Contention ML19325F3902019-11-21021 November 2019 NextEra Energy Seabrook Llc'S Proposed Findings of Fact and Conclusions of Law ML19310E2592019-11-0606 November 2019 Nextera'S Answer Opposing C-10's Third Motion for Leave to File Supplemental Testimony ML19304B3522019-10-31031 October 2019 C-10 Research and Education Foundation'S Response to ASLB Memorandum and Motion to Submit Additional Exhibits Regarding Petrographic Observations and Analyses of ASR at Seabrook ML19283A0362019-10-0909 October 2019 Nextera'S Answer Opposing C-10's Motions to Compel Production of Mineralogical Data and to Submit Additional Post-Hearing Testimony ML19272B3252019-09-30030 September 2019 C-10 Research and Education Foundation'S Motion to Compel Production of Mineralogy Data and Request for Opportunity to Submit Supplemental Written Testimony Regarding the Data ML19262K7512019-09-19019 September 2019 C-10 Research and Education Foundation'S Opposition to Nextera'S Second Motion in Limine ML19261B8802019-09-18018 September 2019 NRC Staff'S Answer to Nextera'S Motion in Limine ML19254F1582019-09-11011 September 2019 Appendix a Revised Exhibit List for September 2019 Evidentiary Hearing Exhibits ML19253D6782019-09-10010 September 2019 NRC Staff'S Answer to C-10's Motion to Supplement Rebuttal Testimony ML19252B3072019-09-0909 September 2019 NextEra Answer Opposing C-10 Motion for Leave to File Supplemental Rebuttal ML19252B2322019-09-0909 September 2019 Nextera'S Motion in Limine to Strike or Exclude Portions of C-10's Testimony and Exhibits ML19247D5932019-09-0404 September 2019 C-10 Research and Education Foundation'S Motion for Leave to File Supplemental Rebuttal Testimony ML19235A3172019-08-23023 August 2019 C-10 Research and Education Foundation, Inc. Rebuttal Statement of Position on C-10's Contentions Regarding Nextera'S Program for Managing ASR at Seabrook Station Nuclear Power Plant ML19235A3182019-08-23023 August 2019 Appendix a Revised Exhibit List ML19205A3412019-07-24024 July 2019 NRC Staff Initial Written Statement of Position ML19205A4882019-07-24024 July 2019 NextEra Energy Seabrook LLC Statement of Position and Certificate of Service ML19171A4012019-06-20020 June 2019 C-10 Research and Education Foundation'S Errata to Exhibit INT-001, Testimony of Dr. Victor E. Saouma ML19161A3722019-06-10010 June 2019 Appendix a Exhibit List ML19161A3712019-06-10010 June 2019 C-10 Research and Education Foundation, Inc. Initial Statement of Position on Contentions Re Nextera'S Program for Managing ASR at Seabrook Station ML19123A1912019-05-0303 May 2019 C-10 Research and Education Foundation'S Opposition to Nextera'S Motion in Limine ML19114A0762019-04-23023 April 2019 Nextera'S Motion in Limine to Exclude Testimony and Exhibits Regarding Structure Deformation Monitoring ML19105B2822019-04-15015 April 2019 Nextera'S Answer Opposing C-10's Motion Regarding Seabrook Station Site Tour ML19101A4082019-04-11011 April 2019 C-10 Research and Education Foundation'S Motion Regarding Seabrook Station Site Tour ML19064B4022019-03-0505 March 2019 Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply to Answers to C-10's Emergency Petition ML19064A6322019-03-0505 March 2019 Notice of Appearance for Jennifer E. Scro ML19060A3042019-03-0101 March 2019 C-10 Research and Education Foundation'S Reply to Oppositions by NextEra and NRC Staff to Emergency Petition for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License ML19060A3032019-03-0101 March 2019 C-10 Research and Education Foundation'S Motion for Leave to File Reply to Oppositions by NextEra and NRC Staff to Emergency Petition ML19056A5882019-02-25025 February 2019 NRC Staff Answer to C-10's Emergency Petition ML19056A5862019-02-25025 February 2019 Nextera'S Answer Opposing C-10 Emergency Petition ML19044A7702019-02-13013 February 2019 Exhibit 1 to Saouma Declaration: Curriculum Vitae for Dr. Victor E. Saouma ML19044A7682019-02-13013 February 2019 Emergency Petition by C-10 Research and Education Foundation for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License Amendment and License Renewal Decisions ML19044A7692019-02-13013 February 2019 Declaration of Victor E. Saouma, Ph.D ML19044A7722019-02-13013 February 2019 Exhibit 3 to Saouma Declaration: Sauoma, Experimental and Numerical Investigation of Alkali Silica Reaction in Nuclear Reactors, Final Summary Report ML19044A7732019-02-12012 February 2019 Exhibit 4a to Saouma Declaration: Introduction and Executive Summary 2020-09-28
[Table view] Category:Legal-Petition for Rulemaking
MONTHYEARML14281A1242014-09-25025 September 2014 PRM-50-109 - Petition for Rulemaking Submitted by Sandra Gavutis, Executive Director of C-10 Foundation, Regarding Better Protection Against Concrete Degradation at Nuclear Power Plants ML11223A3722011-08-11011 August 2011 (Beyond Nuclear, Seacoast Antipollution League; Sierra Club of Nh) Petition for Rulmkg Pursuant to 10 CFR 2.802: Rulmkg Petition to Rescind Prohibition Against Consideration of Environmental Impacts of Severe Reactor & Spent Fuel Pool Accid ML11223A4652011-08-11011 August 2011 (Friends of the Coast and New England Coalition) Rulemaking Petition to Rescind Prohibition Against Consideration of Environment Impacts of Severe Reactor and Spent Fuel Pool Accidents and Request to Suspend Licensing Decision. (Sesbrook) ML11223A4662011-08-11011 August 2011 (Friends of the Coast and New England Coalition) Certificate of Service for Rulemaking Petition to Rescind Prohibition Against Consideration of Environmental Impacts ML1023803792010-08-17017 August 2010 Petition for Rulemaking of Raymond Shadis, Et. Al. on Behalf of the Friends of the Coast, Et. Al. on PRM 54-6 Regarding Seeking to Amend 10 CFR Section 54.17(c) 2014-09-25
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August 11, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD AND BEFORE THE SCRETARY In the Matter of NextEra Energy Seabrook, LLC (Seabrook Nuclear Station, Unit 1)
RULEMAKING PETITION TO RESCIND PROHIBITION AGAINST CONSIDERATION OF ENVIRONMENTAL IMPACTS OF SEVERE REACTOR AND SPENT FUEL POOL ACCIDENTS AND REQUEST TO SUSPEND LICENSING DECISION I. INTRODUCTION Pursuant to 10 C.F.R. § 2.
802 , Friends of the Coast and New England Coalition (collectively "Intervenors" or "Petitioners" or "Friends/NEC") petitions the U.S. Nuclear Regulatory omissionn ("NRC") to rescind regulations in 10 C.F.R. Part 51 that make generic conclusions about the environmental impacts of severe reactor and spent fuel pool accidents and that preclude consideration of those issues in individual licensing proceedings. This petition also requests the NRC to suspend the above
-captioned licensing proceeding while the NRC considers this petition and the environmental issues raised in the attached Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report ("Contention").
This petition is captioned in both the rulemaking docket and the docket for the Seabrook Nuclear Generating Station licensing (renewal) proceeding because it seeks Docket No. 50
-443-LR ASLBP No. 10
-906-02-LR 2 relief that is both generic and applicable to the individual proceeding. The rulemaking petition is also being filed by other organizations and individuals who have submitted contentions regarding the safety and environmental implications of the NRC's report entitled Recommendations for Enhancing Reactor Safety in the 21st Century: The Near
-Term Task Force Review of Insights from the Fukushima Dai
-ichi Accident at 20
-21 (July 12, 2011) ("Task Force Report").
II. DISCUSSION A. General Solution The general solution sought by Friends/NEC is to rescind all regulations in 10 C.F.R. Part 51 which reach generic conclusions about the environmental impacts of severe reactor and/or spent fuel pool accidents and therefore prohibit consideration of those impacts in reactor licensing proceedings. These regulations include 10 C.F.R. Part 51, Appendix B; 10 C.F.R. §
§ 51.45, 51.53, and 51.95.
B. Friends/NEC's 's Grounds for and Interest in the Action Requested.
Friends/NEC seeks rescission of any NRC regulations that would prevent the NRC from complying with its obligation under the National Environmental Policy Act
("NEPA") and NRC implementing regulations to consider, in the license renewal proceeding for Seabrook Nuclear Generating Station the environmental implications of new and significant information discussed in the Task Force Report regarding the regulatory implications of the Fukushima Dai
-ichi nuclear accident. Our legal and technical grounds for seeking consideration of new and significant information in the Task Force Report are discussed at length in the attached Contention, which is attached and incorporated herein by reference.
3 C. Support for Petition This petition for rulemaking is supported by the Task Force Report and also by the attached Declaration of Dr. Arjun Makhijani (August 8, 2011). As demonstrated in both of those documents, the Fukushima accident has significant regulatory implications with respect to both severe reactor accidents and spent fuel pool accidents, because the Task Force Report recommends that mitigative measures for both of these types of accidents, which are not currently included in the design basis for nuclear reactors, should be added to the design basis and subject to mandatory safety regulation.
D. Request for Suspension of Licensing Proceeding As discussed in the attached Contention, NEPA requires that agencies consider the environmental impacts of their actions before they are taken, in order to ensure that "important effects [of the licensing decision] will not be overlooked or underestimated only to be discovered after resources have been committed or the die otherwise cast." Robertson, 490 U.S. 332, 349 (1989). See also 40 C.F.R. §§ 1500.1(c), 1502.1, 1502.14. The NRC's obligation to comply with NEPA in this respect is independent of and in addition to the NRC's responsibilities under the Atomic Energy A ct, and must be enforced to the "fullest extent possible." Calvert Cliffs Coordinating Committee, 449 F.2d at 1115. See also Limerick Ecology Action v. NRC, 869 F.2d 719, 729 (3rd Cir. 1989) (citing Public Service Co. of New Hampshire v. NRC, 582 F.2d 77, 86 (1st Cir.
1978)). The NRC's obligation to delay licensing decisions until after it has considered the environmental impacts of those decisions is also nondiscretionary. Silva v. Romney , 473 F.2d 287, 292 (1st Cir. 1973).
Therefore the NRC has a non
-discretionary duty to suspend the Seabrook Nuclear generating Station license renewal proceeding while it 4 considers the environmental impacts of that decision, including the environmental implications of the Task Force Report with respect to severe reactor and spent fuel pool accidents.
III. CONCLUSION For the foregoing reasons, the Commission should grant this rulemaking petition.
Respectfully submitted this 11 th day of August 2011.
Electronically signed Raymond Shadis
___________________
Raymond Shadis Pro se representative Friends of the Coast New England Coalition Post Office Box 98
Edgecomb, Maine 04556
207-882-7801 Shadis@prexar.com