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Category:Legal-Pleading
MONTHYEARML21287A6592021-10-14014 October 2021 Notice of Withdrawal of Samuel Reeves Lehman on Behalf of Tennessee Valley Authority ML21070A3612021-03-11011 March 2021 NRC Staff Answer to the Tennessee Valley Authority'S Motion Regarding Disclosures ML15173A0332015-06-22022 June 2015 Southern Alliance for Clean Energy'S Reply to Oppositions to Petition for Review of LBP-15-14 Denying Admission of a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 5.34(b)(4) ML15163A2142015-06-12012 June 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Petition for Review of LBP-15-14 ML15163A1452015-06-12012 June 2015 NRC Staff Answer Opposing the Southern Alliance for Clean Energy Petition for Review of Board Decision LBP-15-14 ML15138A4522015-05-18018 May 2015 Sace Petition for Review of LBP-15-14 ML15127A2512015-05-0707 May 2015 Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions ML15126A3832015-05-0606 May 2015 Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions ML15126A4782015-05-0606 May 2015 Reply by Beyond Nuclear, Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, Seed Coalition and Southern Alliance for Clean Energy to Oppositions by Applicants and NRC Staff to Motions to Admit New Contentions ML15121A4532015-05-0101 May 2015 NRC Staff Answer to Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene and Motion to Reopen the Record in the Operating License Proceeding for Watts Bar Unit 2 ML15121A7902015-05-0101 May 2015 TVA Answer to Sace Motions to Reopen and Admit a New Contention ML15111A3562015-04-21021 April 2015 Southern Alliance for Clean Energy'S Hearing Request and Petition to Intervene in Operating License Proceeding for Watts Bar Unit 2 Nuclear Power Plant ML15069A4922015-03-10010 March 2015 Southern Alliance for Clean Energy Reply to Oppositions to Motion for Leave to File a New Contention Concerning Tva'S Failure to Comply with 10 C.F.R. Section 50.34(b)(4) ML15062A3782015-03-0303 March 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention ML15062A1142015-03-0303 March 2015 NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention ML15049A6182015-02-18018 February 2015 Petitioners' Reply to Oppositions to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15049A3652015-02-18018 February 2015 NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion to Reopen the Record ML15048A0612015-02-17017 February 2015 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record ML15043A7792015-02-12012 February 2015 NRC Staff Opposition to Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15043A5572015-02-12012 February 2015 Tennessee Valley Authority'S Answer Opposing Petition to Supplement Reactor-Specific Environmental Impact Statements to Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML15037A5492015-02-0606 February 2015 Southern Alliance for Clean Energy'S Unopposed Motion to Permit Corrected Filing ML15037A3182015-02-0505 February 2015 Refiled Motion for New Contention and Motion to Reopen ML15028A1132015-01-28028 January 2015 Petition to Supplement Reactor-Specific Environmental Impact Statement Incorporate by Reference the Generic Environmental Impact Statement for Continued Spent Fuel Storage ML14311A9752014-11-0707 November 2014 Petitioners' and Intervenors' Consolidated Reply to Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions, to Admit a New Contention, and Motions to Reopen the Record ML14304A7652014-10-31031 October 2014 Tennessee Valley Authority'S Answer to Opposing Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceeding Pending Issuance of Waste Confidence Safety Findings and Motions for Leave to File New Contention ML14304A7162014-10-31031 October 2014 Tennessee Valley Authority'S Answer Opposing Southern Alliance for Clean Energy'S Motion to Reopen the Record ML14304A6742014-10-31031 October 2014 Inc.'S Motion for Leave to File Amicus Curiae Brief ML14304A6682014-10-31031 October 2014 NRC Staff Consolidated Answer to Petitions to Suspend Final Reactor Licensing Decisions, Motions to Admit a New Contention and Motions to Reopen the Record ML14080A4582014-03-21021 March 2014 Tennessee Valley Authority'S Answer Opposing Petition to Suspend Reactor Licensing Decisions & Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent ML14080A4602014-03-21021 March 2014 Tennessee Valley Authority'S Answer Opposing Petition to Suspend Reactor Licensing Decisions and Reactor Re-licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spen ML14080A2542014-03-21021 March 2014 NRC Staff Answer to Opposing Suspension Petition ML14058A6802014-02-27027 February 2014 Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures ML13196A3552013-07-15015 July 2013 Southern Alliance for Clean Energy'S Unopposed Motion to Withdraw Contention 7 ML13127A3492013-05-0707 May 2013 Notice of Appearance for Anita Ghosh on Behalf of NRC Staff, in the Matter of Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2) ML12362A3162012-12-27027 December 2012 Joint Response to Board Order Notifying Parties of Amendments to Rules of Practice ML12216A1592012-08-0303 August 2012 Tennessee Valley Authority'S Answer Opposing New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Unit 2 ML12215A4652012-08-0202 August 2012 NRC Staff'S Answer to Southern Alliance for Clear Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar, Units 2 ML12198A3942012-07-16016 July 2012 Certificate of Service for a Letter from Diane Curran to Counsel for TVA and the NRC Staff Regarding Saces Thirtieth Supplement to Its Mandatory Disclosures ML12191A3832012-07-0909 July 2012 Southern Alliance for Clean Energy'S Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Spent Reactor Fuel at Watts Bar Unit 2 ML12177A1582012-06-25025 June 2012 Tennessee Valley Authority'S Answer Opposing Petition to Suspend Final Licensing Decisions Pending Completion of Remanded Waste Confidence Proceedings ML12177A0852012-06-25025 June 2012 NRC Staff'S Answer to Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings ML12170B0412012-06-18018 June 2012 Petition to Suspend Final Decisions in All Pending Reactor Licensing Proceedings Pending Completion of Remanded Waste Confidence Proceedings ML12118A5402012-04-27027 April 2012 Notices of Appearance of Paul M. Bessette and Stephen J. Burdick ML12118A5412012-04-27027 April 2012 Joint Answer Opposing Hearing Requests Regarding Sufficiency of Order EA-12-051 Modifying Licenses with Regard to Spent Fuel Pool Instrumentation ML11354A4732011-12-20020 December 2011 Certificate of Service of Copies of the Southern Alliance for Clean Energy'S Opposition to Tva'S Motion for Summary Disposition of Contention 7, Statement of Disputed Material Facts, and Declaration of Shawn Paul Young, Ph.D ML11354A4722011-12-20020 December 2011 Declaration of Shawn Paul Young, Ph.D. on Behalf of Southern Alliance for Clean Energy ML11354A4702011-12-20020 December 2011 Southern Alliance for Clean Energy'S Opposition to Tennessee Valley Authority'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts of Watts Bar Unit 2 ML11354A4712011-12-20020 December 2011 Southern Alliance for Clean Energy'S Statement of Disputed Material Facts ML11354A4032011-12-20020 December 2011 NRC Staff'S Answer to Tva'S Motion for Summary Disposition of Contention 7 Regarding Aquatic Impacts ML11311A3352011-11-0707 November 2011 Tennessee Valley Authority'S Opposition to Sace'S Motion for Leave to Supplement Its Fukushima-Related New Contention 2021-03-11
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May 6, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL ) (Watts Bar Unit 2) )
NRC STAFF'S ANSWER TO TENNESSEE VALLEY AUTHORITY'S MOTION TO DISMISS SOUTHERN ALLIANCE FOR CLEAN ENERGY'S CONTENTION 1 AS MOOT INTRODUCTION
On April 19, 2010, Tennessee Valley Authority ("TVA") filed a motion before the Atomic Safety and Licensing Board ("Board") to dism iss admitted Contention 1 on mootness grounds.
Motion to Dismiss Southern Alliance for Clean E nergy's Contention 1 as Moot (April 19, 2010)
("Motion"). On May 6, 2010, Intervenors Southern Alliance for Clear Energy ("SACE") filed a
letter with the Board stating that SACE does not intend to oppose the Motion and considers
Contention 1 to be resolved. Letter from Diane Curran to the Board (May 6, 2010). The NRC
Staff supports the motion for the reasons discussed below.
BACKGROUND On May 1, 2009, the NRC published a Notice of Opportunity for Hearing on the
operating license ("OL") application of TVA for the Watts Bar Nuclear Plant Unit 2.
1 On July 13, 2009, SACE along with several other entities, filed a single combined petition to intervene and 1 Tennessee Valley Authority [TVA]; Notice of Re ceipt of Update to Application for Facility Operating License and Notice of Opportunity for H earing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing Procedures for Access , 74 Fed. Reg. 20,350 (May 1, 2009). Requests for a hearing and petitions to intervene were due by June 30, 2009.
Id. at 20351. Upon request, the Commission extended SACE's filing deadline without comment to July 14, 2009. Order (June 24, 2009) (unpublished).
hearing request ("Petition") for the operating license application of Watts Bar Unit 2.
On November 19, 2009, the Board granted party status only to SACE 2 and admitted two environmental contentions, including Contention 1, which alleges that TVA's Final Supplemental
Environmental Impact Statement ("FSEIS") for the Completion and Operation of Watts Bar
Nuclear Plant Unit 2 3 failed to list and discuss the status of compliance with applicable permits, approvals, and environmental quality standards, as required by 10 C.F.R. § 51.45(d)
.4 In admitting Contention 1 as a "contention of omission," the Board held that "only the allegation
regarding the additional, unspecified and unlisted permits supports the admission of this
contention."
Watts Bar , LBP-09-26, 72 NRC at __ (slip op. at 19, 21). On April 9, 2010, in response to a Staff Request for Additional Information ("RAI"), 5 TVA provided Table G-5, "Federal, State, and Local Authorizations," which lists and describes "[a]ll federal, state, and
local authorizations, consultations, and environmental permits needed for operation of Unit 2
and the status of each." RAI Response at E1-6; Table G-5. Following its submission of the
requested information, TVA filed the instant Motion, seeking dismissal of Contention 1 on the
grounds that it has been mooted by TVA's April 9, 2010 RAI Response. Motion at 5.
2 The Board determined that the remaining parties had not adequately justified their late filing.
See Tennessee Valley Authority (Watts Bar Unit 2), LBP-09-26, 70 NRC __ (Nov. 19, 2009) (slip op. at 2-3), aff'd , CLI-10-12, 72 NRC __ (March 26, 2010)(slip op.).
3 Final Supplemental Environmental Impact Statement, Completion and Operation of Watts Bar Nuclear Plant Unit 2, Rhea County, Tenn. (June 2007) (Agency-wide Documents Access and Management Systems ("ADAMS
") Accession No. ML080510469).
4 Watts Bar , LPB-09-26, 70 NRC __, slip op. at 15-21, aff'd on other grounds , CLI-10-12, 71 NRC
__ (Mar. 26, 2010)(slip op.); Petition at 6-8.
5 NRC Staff Watts Bar 2 RAI, at 8 (Dec.
3, 2009) (ML093290073) (requesting "a list of all authorizations, consultations, and environmental permits and approvals needed for operation of Watts Bar Nuclear Plant Unit 2 and prov ide a status for each item").
DISCUSSION I. Legal Standard A contention alleging that required information has been omitted from an application for
an operating license must be modified or dismissed as moot where the information in question
is provided in response to a Staff RAI.
See Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2; Catawba Nuclear Station, Units 1 & 2), CLI-02-28, 56 NRC 373, 382-383 (2002).
II. Discussion The Board admitted Contention 1 as a "contention of omission,"
Watts Bar , LBP-09-26, 70 NRC at __ (slip op. at 21), to the limited extent that SACE alleged that TVA's application did
not include "unspecified permits that should have been listed and discussed by TVA" in the
application, pursuant to 10 C.F.R. § 51.45(d).
Id. at 19. With respect to two documents enumerated in its contention (i.e., the Interagency Agreement and National Pollutant Discharge
Elimination System ("NPDES") permit), the Board held that SACE had not alleged facts
sufficient to raise a genuine dispute warranting admission of its contention. However, citing
TVA's FSEIS, the Board admitted SACE's contention because TVA "concedes that there are
other applicable permits and approvals but does not identify them or discuss the current
compliance status."
Id. at 21.
In its Motion, TVA states that in response to the Staff's December 3, 2009 RAI, TVA has now supplied "all federal, state, and local authorizations, consultations, and environmental
permits needed for operation of Unit 2 and the status of each." Motion at 3 (quotations omitted).
To the extent that TVA's response ameliorates the cited omissions in its original FSEIS, see Watts Bar , LBP-09-26, 70 NRC at __ (slip op. at 19), the Staff supports TVA's request that Contention 1 be dismissed as moot.
See McGuire/Catawba , CLI-02-28, 56 NRC at 382-383.
CONCLUSION In conclusion, the Staff supports dismissal of Contention 1 on the grounds that it is
rendered moot by TVA's submittal of additional information.
Respectfully submitted, /Signed (electronically) by/ Michael G. Dreher Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O15-D21 Washington, DC 20555 (301) 415-2314 E-Mail: Michael.Dreher@nrc.gov Signed: May 6, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL ) (Watts Bar Nuclear Plant, Unit 2) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing "NRC STAFF'S ANSWER TO TENNESSEE
VALLEY AUTHORITY'S MOTION TO DISMISS SOUTHERN ALLIANCE FOR CLEAN
ENERGY'S CONTENTION 1 AS MOOT," dated May 6, 2010, have been served upon the
following by the Electronic Information Exchange, this 6th day of May 2010:
Administrative Judge
Lawrence G. McDade, Chair
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, DC 20555-0001
E-mail: lgm1@nrc.gov Office of Commission Appellate Adjudication
U.S. Nuclear Regulatory Commission
Mail Stop: O-16G4
Washington, DC 20555-0001
E-mail: OCAAMAIL.resource@nrc.gov Administrative Judge Paul B. Abramson
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, DC 20555-0001
E-mail: pba@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff
Mail Stop: O-16G4
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: Hearing.Docket@nrc.gov Administrative Judge Gary S. Arnold
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, DC 20555-0001
E-mail: gxa1@nrc.gov Edward Vigluicci, Esq.
Christopher C. Chandler, Esq.
Scott A. Vance, Esq.
Tennessee Valley Authority
400 West Summit Hill Drive, WT 6A-K
Knoxville, TN 37902
E-mail: ejvigluicci@tva.gov
ccchandler0@tva.gov
savance@tva.gov Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Morgan, Lewis & Bockius, LLP
1111 Pennsylvania Avenue, NW
Washington, D.C. 20004
E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com Diane Curran Matthew D. Fraser
for Southern Alliance for Clean Energy (SACE)
Harmon, Curran, Spielberg & Eisenberg, LLP
1726 M Street N.W., Suite 600
Washington, DC 20036
E-mail: dcurran@harmoncurran.com E-mail: mfraser@harmoncurran.com
/Signed (electronically) by/ Michael G. Dreher Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O15-D21 Washington, DC 20555 (301) 415-2314 E-Mail: Michael.Dreher@nrc.gov Signed: May 6, 2010