ML13220B047
| ML13220B047 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/08/2013 |
| From: | Doris Lewis, Hamrick S NextEra Energy Seabrook, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 24901, 50-443-LR, ASLBP 10-906-02-LR-BD01 | |
| Download: ML13220B047 (13) | |
Text
August 8, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
) Docket No. 50-443-LR NextEra Energy Seabrook, LLC )
) ASLBP No. 10-906-02-LR (Seabrook Station, Unit 1) )
JOINT MOTION FOR APPROVAL OF SETTLEMENT AND DISMISSAL OF FOTC/NEC CONTENTION 4D Pursuant to 10 C.F.R. § 2.338(i), NextEra Energy Seabrook, LLC (NextEra), Friends of the Coast and the New England Coalition (FOTC/NEC), and the NRC Staff (collectively, the Parties) hereby move this Atomic Safety and Licensing Board (the Board) for approval of a settlement of Contention 4D in the Seabrook license renewal proceeding. The Settlement Agreement is attached hereto as Exhibit A, in accordance with 10 C.F.R. § 2.338(g). Also attached as Exhibits B and C are two consent orders to approve and effectuate this settlement.
The initial consent order would be issued by the Board now to approve the settlement. The final consent order would be issued by the Board seven (7) days after the NRC Staff publishes its Final Supplemental Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Seabrook Station (FSEIS) providing additional analysis that the Parties have agreed resolves Contention 4D, and would dismiss Contention 4D at that time without further motion.
By Memorandum and Order dated February 15, 2011, the Board admitted FOTC/NEC as a party to the license renewal proceeding and admitted for litigation FOTC/NEC Contention 4D, relating to the reasonableness of the atmospheric dispersion model utilized in NextEras Severe Accident Mitigation Alternatives (SAMA) analysis. On May 10, 2013, NextEra filed a motion
for summary disposition of FOTC/NEC Contention 4D, which included the results of an analysis using an alternative meteorological model (the CALMET sensitivity) and a Statement of Material Facts. On July 15 and July 16, 2013, respectively, the NRC Staff and FOTC/NEC filed answers to NextEras Motion, both admitting 21 of the 23 material facts from NextEras Statement of Material Facts, including that NextEras atmospheric dispersion model is reasonable for a SAMA analysis, but arguing that NextEra should have evaluated the impact of uncertainty in addition to the results of the CALMET sensitivity in determining whether additional SAMAs may be potentially cost beneficial. The NRC Staff explained that using NextEras previously submitted estimates of uncertainty (the uncertainty factor), 15 additional SAMAs might be identified as being potentially cost-beneficial based on the CALMET sensitivity, including the following SAMAs: 13, 24, 44, 55, 56, 77, 96, 108, 109, 147, 163, 167, 168, 169, and 170. NRC-endorsed guidance for performing SAMA analyses, states that [a]
discussion of [core damage frequency] uncertainty, and conservatisms in the SAMA analysis that off-set uncertainty, should be included in a SAMA analysis and that [i]f SAMAs appear cost-beneficial in the sensitivity results, discussion of conservatisms in the analysis . . . and their impact on the results may be appropriate.1 To resolve this matter without further litigation, the Parties have entered into the attached Settlement Agreement, subject to the Boards approval. Under the Settlement Agreement, the NRC Staff will include an analysis of the CALMET sensitivity in its FSEIS, and identify the SAMAs (13, 24, 44, 55, 56, 77, 96, 108, 109, 147, 163, 167, 168, 169, and 170) that might be considered potentially cost beneficial if the CALMET sensitivity were added to NextEras uncertainty factor. The NRC Staffs FSEIS will also analyze conservatisms in NextEras SAMA 1
Nuclear Energy Institute, NEI 05-01 (Rev. A), Severe Accident Mitigation Alternatives (SAMA) Analysis -
Guidance Document, at 30 (Nov. 2005) (ADAMS Accession No. ML060530203).
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analysis and the extent to which such conservatisms may off-set the uncertainty factor.
Consideration of conservatism offsetting uncertainty, comparison of the CALMET sensitivity with the uncertainty factor, or other considerations, may result in some or all of the SAMAs as no longer being considered potentially cost-beneficial in the NRCs FSEIS. Upon issuance of the FSEIS, the NRC Staff will submit a letter to the Board identifying the portions of the FSEIS in which it analyzes the CALMET sensitivity, the treatment of uncertainty and off-setting conservatisms in NextEras analysis.
In return, FOTC/NEC consents to the dismissal of Contention 4D effective seven (7) days after issuance of the FSEIS, with the CALMET sensitivity, uncertainty factor and off-setting conservatism evaluated to the sole satisfaction of the NRC Staff. FOTC/NEC will not challenge the NRC Staffs disposition of, or make any further claims in this proceeding regarding, any of the SAMAs that might be considered potentially cost beneficial if the CALMET sensitivity were added to NextEras uncertainty factor.
The Parties request that the Board approve this settlement by issuance of the initial Consent Order (Exhibit B). As reflected in the initial Consent Order, the Parties also request that the Board relieve the Parties of the obligation to submit memoranda pursuant to this Boards Memorandum and Order of July 30, 2013 (Granting NextEras Motion to File Reply and Directing Additional Briefing), and terminate the obligation of Parties to update their disclosures regarding Contention 4D pursuant to 10 C.F.R. 2.336(d) and the Initial Scheduling Order in this proceeding. Seven days after issuance of the FSEIS, the final Consent Order (Exhibit C) would be issued without further motion dismissing Contention 4D. Dismissal of this Contention is in the public interest because the NRC Staff is taking actions to address the FOTC/NECs sole 3
remaining concern, and because the Commission encourages settlement of contested issues in licensing proceedings. 10 C.F.R. § 2.338.
FOTC/NEC and the NRC Staff have authorized NextEra to file this Joint Motion on its behalf.
Respectfully Submitted,
/Signed electronically by David R. Lewis /
Steven C. Hamrick David R. Lewis NextEra Energy Seabrook, LLC Pillsbury Winthrop Shaw Pittman LLP 801 Pennsylvania Avenue, NW Suite 220 2300 N St. NW Washington, DC 20004 Washington, DC 20037 Telephone: 202-349-3496 Telephone: 202-663-8474 Dated: August 8, 2013 Counsel for NextEra Energy Seabrook, LLC 4
Exhibit A
Exhibit B - Proposed Initial Consent Order UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Paul S. Ryerson, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket No. 50-443-LR NEXTERA ENERGY SEABROOK, LLC ASLBP No. 10-906-02-LR-BD01 (Seabrook Station, Unit 1) , August XX, 2013 ORDER (Approving Settlement of Contention 4D)
On August 8, 2013, NextEra Energy Seabrook, LLC (NextEra), Friends of the Coast and the New England Coalition (FOTC/NEC), and the NRC Staff (collectively, the Parties) moved for an order approving settlement of Contention 4D, and for a second Order, to be issued seven days after publication of the FSEIS without further motion dismissing Contention 4D. In accordance with 10 C.F.R. § 2.338(g), the Parties forwarded the settlement agreement and proposed orders to this Board.
Consistent with Commission policy to encourage resolution of contested issues in licensing proceedings through settlement, we find the settlement and eventual dismissal of Contention 4D in the public interest. Pursuant to our authority under 10 C.F.R. § 2.338(i), we grant the Joint Motion approving the settlement agreement.
Pursuant to that Settlement Agreement, upon issuance of the Final Supplemental
Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Seabrook Station (NUREG-1437, Supplement 46), the NRC Staff will submit a letter to the Board, identifying the portions of the FSEIS in which it analyzes the CALMET sensitivity, the treatment of uncertainty and off-setting conservatisms in NextEras analysis. Seven days after receipt of this letter, the Board will issue a further order dismissing Contention 4D without further motion.
Based on this settlement of Contention 4D, the Parties are hereby relieved of the obligation to submit memoranda pursuant to this Boards Memorandum and Order of July 30, 2013 (Granting NextEras Motion to File Reply and Directing Additional Briefing). In addition, the obligation of Parties to update their disclosures regarding Contention 4D, pursuant to 10 C.F.R. 2.336(d) and the Initial Scheduling Order in this proceeding is hereby terminated.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Dr. Michael F. Kennedy ADMINISTRATIVE JUDGE Dr. Richard E. Wardwell ADMINISTRATIVE JUDGE Rockville, Maryland August __, 2013 2
Exhibit C - Proposed Final Consent Order UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Paul S. Ryerson, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket No. 50-443-LR NEXTERA ENERGY SEABROOK, LLC ASLBP No. 10-906-02-LR-BD01 (Seabrook Station, Unit 1) [DATE]
ORDER (Dismissing Contention 4D)
Pursuant to our Order of August XX, 2013 (Approving Settlement of Contention 4D), upon issuance of the Final Supplemental Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Seabrook Station (NUREG-1437, Supplement 46), the NRC Staff submitted a letter to the Board identifying the portions of the FSEIS in which it analyzes the CALMET sensitivity, the treatment of uncertainty and off-setting conservatisms in NextEras analysis. Therefore, in accordance with our previous Order, Contention 4D is hereby dismissed.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Dr. Michael F. Kennedy ADMINISTRATIVE JUDGE Dr. Richard E. Wardwell ADMINISTRATIVE JUDGE Rockville, Maryland
[DATE]
2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
) Docket No. 50-443-LR NextEra Energy Seabrook, LLC )
) ASLBP No. 10-906-02-LR (Seabrook Station, Unit 1) )
CERTIFICATE OF SERVICE I hereby certify that the foregoing Joint Motion for Approval of Settlement Agreement and Dismissal of FOTC/NEC Contention 4D has been served through the E-Filing system on the participants in the above-captioned proceeding, this 8th day of August 2013.
/Signed electronically by David R. Lewis/
David R. Lewis