ML18291A638

Beyond Nuclear'S Motion for Extension of Deadline for Filing Hearing Requests

ML18291A638
Person / Time
Site:	Peach Bottom
Issue date:	10/18/2018
From:	Curran D Beyond Nuclear, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP
To:	NRC/SECY
SECY RAS
References
50-277-SLR, 50-278-SLR, ASLBP, RAS 54566
Download: ML18291A638 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

___________________________________ ) In the Matter of )

Exelon Generation Company, LLC )

Docket Nos. 50-277/278 SLR Peach Bottom Atomic Power Station, )

Units 2 & 3 )

___________________________________ )

BEYOND NUCLEAR'S MOTI ON FOR EXTENSION OF DEADLINE FOR FILING HEARING REQUESTS Pursuant to 10 C.F.R. §§ 2.307 and 2.323, Be yond Nuclear hereby requests a two-week extension of the November 5, 2018 d eadline for hearing requests and petitions to intervene in the above-captioned proceeding.

See 83 Fed. Reg. 45,285 (Sept. 6, 2018). Beyond Nuclear respectfully submits that it has "good cause" to request an extens ion, as required by 10 C.F.R. § 2.307, due to the following circumstances: This is only the second U.S. Nuclear Regulatory Commission

("NRC") proceeding in which a licensee has sought approval of a subsequent license renewal ("SLR") term.

1 Due to the general lack of experience operating a nuclear plant for so many additional years beyond the initial term and first twenty-year re newal, theses cases raises unprecedented safety and environmental concerns that warrant careful and time-consuming review. Beyond Nuclear's legal-expert team (undersigne d counsel and technical consultant David Lochbaum) is now reviewing Exelon's Aging Management Plan for Peach Bottom Units 2 and 3 in light of NRC regulations, guidance for SLR applications, and current research on reactor aging issues. The process requires the time-consuming review of a large 1 The first is Turkey Point, now pending.

See 83 Fed. Reg. 19,304 (May 2, 2018).

2number of documents, regarding issues that are legally and technically complex, against guidance that is sometimes new and untested. Beyond Nuclear's legal/expert team must also balance this time-consuming work on the Peach Bottom SLR proceeding with other professional obligations. Since publication of the Peach Bottom hearing notice on September 6, for example, undersigned counsel has

had significant briefing obligations in three other cases (Turkey Point SLR, Docket No. 50-250/251; Holtec Centralized Interim Storag e Facility ("CISF"), Docket No. 72-1051; and Interim Storage Partners CISF, Docket No. 72-1050). Under these circumstances, Beyond Nuclear has found that the 60-day period provided by the hearing notice is inadequate to prepare a hearing request. Ther efore, Beyond Nuclear has good cause to request a modest extension of two weeks, until November 19, 2018. Respectfully submitted,

___/signed electronically by/__

Diane Curran Harmon, Curran, Spielberg & Eisenberg, LLP 1725 DeSales St. N.W., Suite 500

Washington, D.C. 20036

October 18, 2018

CERTIFICATE OF COUNSEL PURS UANT TO 10 C.F.R. § 2.323(b)

I certify that on October 15, 2018, I contacted counsel for Exelon and the NRC Staff in an attempt to resolve the issue raised by this motion. Counsel for Exel on stated that Exelon intends to oppose the motion. Counsel for the NRC Staff stated that the Staff would not oppose the motion.

___/signed electr onically by/__

Diane Curran

3UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

___________________________________ ) In the Matter of )

Exelon Generation Company, LLC )

Docket Nos. 50-277/278 SLR Peach Bottom Atomic Power Station, )

Units 2 & 3 )

___________________________________ )

CERTIFICATE OF SERVICE

I certify that on October 18, 2018, I posted the foregoing Beyond Nuclear's Motion for Extension of Deadline for Filing Hearing Request on the NRC's Electronic Information Exchange.

___/signed electr onically by/__

Diane Curran