ML091700434

NRC Staff'S Answer to Southern Alliance for Clean Energy'S Request for Extension of Time to Submit Hearing Request/Petition to Intervene

ML091700434
Person / Time
Site:	Watts Bar
Issue date:	06/19/2009
From:	Roth D NRC/OGC
To:	NRC/OCM
SECY RAS
References
50-391-OL, Operating License 1, RAS 4193
Download: ML091700434 (4)

Text

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

)

TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL

)

(Watts Bar Unit 2) ) June 19, 2009 NRC STAFFS ANSWER TO SOUTHERN ALLIANCE FOR CLEAN ENERGYS REQUEST FOR EXTENSION OF TIME TO SUBMIT HEARING REQUEST/PETITION TO INTERVENE INTRODUCTION On May 1, 2009, the U.S. Nuclear Regulatory Commission (NRC) published a Notice of Opportunity for Hearing on the operating license application of Tennessee Valley Authority (TVA) for the Watts Bar Nuclear Plant, Unit 2. 1 Pursuant to that Notice, requests for a hearing and petitions to intervene are due to be filed on or before June 30, 2009. See 74 Fed. Reg.

at 20351. On June 16, 2009, Southern Alliance for Clean Energy ("SACE") submitted a request for a two-week extension of time to file a petition to intervene, based on alleged deficiencies in the Notice, the webpage specified in the Notice, and in the availability of documents in the NRCs Agencywide Document Access and Management System (ADAMS), and conflicts in the schedules of its experts. Further, SACE requested action by the NRCs Office of the Secretary (Secretary) to correct the deficiencies in the website specified in the Notice and to assure the availability of documents in ADAMS.

Pursuant to 10 C.F.R. § 2.323, the NRC Staff (Staff) hereby responds to SACEs 1

Tennessee Valley Authority [TVA]; Notice of Receipt of Update to Application for Facility Operating License and Notice of Opportunity for Hearing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing Procedures for Access, 74 Fed. Reg. 20,350 (May 1, 2009) (Notice).

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Motion. As set forth below, the NRC Staff does not oppose the granting of SACE's motion for an extension of time, but believes that no other action is necessary, either to revise the website specified in the Federal Register Notice or to verify and correct the availability of documents in ADAMS.

DISCUSSION As indicated above, the Federal Register Notice afforded potential petitioners to intervene a 60-day period in which to file their petitions. In light of the circumstances alleged by SACE, its request for a two-week extension of time does not appear to be unreasonable. The Staff therefore does not oppose that request. 2 Second, with respect to alleged deficiencies in the Notice, the Staff submits that the Notice was not inadequate. SACE has not alleged a material inadequacy in the Notice.

Further, SACE concedes that there is no need to re-publish a revised Notice, given the cooperation of TVA and the NRC Staff. See Motion at 2 n.2.

With respect to the availability of documents on the website specified in the Federal Register Notice and in ADAMS, no action by the Secretary is necessary. As SACE notes, both TVA and the Staff have cooperated with SACE and have provided access to the documents.

For example, the Staff provided SACE with the ADAMS Accession Number for a public document in ADAMS; and TVA has provided a link to webpage containing some of TVA's environmental documents. Moreover, agency records which SACE may wish to review should be available in ADAMS as appropriate, and/or in the NRCs Public Document Room (PDR) in accordance with 10 C.F.R. §§ 9.15 and 9.21. For Watts Bar Unit 2, the Staff has already copied 2

The Staff notes that TVA does not oppose SACEs request for a two-week extension of time in which to file its petition to intervene. See Response of Tennessee Valley Authority to Request for Extension of Time to Submit Hearing Request/Petition to Intervene by Southern Alliance for Clean Energy (TVAs Response) dated June 18, 2009, at 2.

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many records from microfiche or paper into ADAMS. In this regard, the Staff notes that one document from 1995 (the Staffs Supplemental Environmental Impact Statement for the Watts Bar Units 1 and 2 operating license application), which was referenced in TVA's application, was not profiled as public in ADAMS when copied. That document, however, was available in the PDR, and TVA provided access to that document to SACE on June 12, 2009, shortly after being notified by SACE. See Motion at 4 n.3; TVAs Response at 2. Also, upon notification by SACE, the NRC released the document in public ADAMS. 3 Similarly, after SACE filed its Motion, it made an additional request for assistance in locating additional documents, and both TVA and the Staff promptly responded to that request. Thus, no action by the Secretary is needed to ensure fair access to documents by SACE.

CONCLUSION For the reasons set forth above, the Staff does not oppose SACE's request for a two-week extension of time to file its petition to intervene in this proceeding. The Staff respectfully submits that no further action by the Secretary or the Commission is necessary at this time.

Respectfully submitted, Signed (electronically) by David E. Roth Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 (301) 415-2749 E-mail: david.roth@nrc.gov Date of Signature: June 19, 2009 3

See NUREG-0498, Supplement 1, "Final Environmental Statement related to the operation of Watts Bar Nuclear Plant, Units 1 and 2," dated April 1995 (ADAMS Accession No. ML081430592).

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

)

TENNESSEE VALLEY AUTHORITY ) Docket No. 50-391-OL

)

(Watts Bar Unit 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFFS ANSWER TO SOUTHERN ALLIANCE FOR CLEAN ENERGYS REQUEST FOR EXTENSION OF TIME TO SUBMIT HEARING REQUEST/PETITION TO INTERVENE, dated June 19, 2009, have been served upon the following by the Electronic Information Exchange, this 19th day of June, 2009:

Atomic Safety and Licensing Board Panel Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop: O-16G4 Washington, DC 20555-0001 E-mail: OCAAMAIL.resource@nrc.gov Kathryn M. Sutton, Esq. Office of the Secretary Paul M. Bessette, Esq. Attn: Rulemaking and Adjudications Staff Morgan, Lewis & Bockius, LLP Mail Stop: O-16G4 1111 Pennsylvania Avenue, NW U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Washington, DC 20555-0001 E-mail: ksutton@morganlewis.com E-mail: Hearing.Docket@nrc.gov E-mail: pbessette@morganlewis.com Edward Vigluicci, Esq. Diane Curran Tennessee Valley Authority for Southern Alliance for Clean Energy 400 West Summit Hill Drive, WT 6A-K (SACE)

Knoxville, TN 37902 Harmon, Curran, Spielberg & Eisenberg, LLP E-mail: ejvigluicci@tva.gov 1726 M Street N.W., Suite 600 Washington, DC 20036 E-mail: dcurran@harmoncurran.com Signed (electronically) by David E. Roth, Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 (301) 415-2749 E-mail: david.roth@nrc.gov Signed June 19, 2009