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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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March 10, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket No. 50-391 Tennessee Valley Authority )
)
(Watts Bar Unit 2) )
___________________________________ )
SOUTHERN ALLIANCE FOR CLEAN ENERGYS MOTION FOR LEAVE TO AMEND PETITION FOR WAIVER OF 10 C.F.R. §§ 51.53(b) AND 51.95(b)
INTRODUCTION Pursuant to 10 C.F.R. §§ 2.323(a) and (b) and 2.319, Southern Alliance for Clean Energy (SACE) hereby moves for leave to amend its Petition for Waiver of 10 C.F.R. §§ 51.53(b) and 51.95(b) With Respect to Admission of Contentions Regarding Need for Power and Consideration of Alternative Energy Sources (February 4, 2010) (Waiver Petition). SACE seeks to amend its Waiver Petition by adding a request for waiver of 10 C.F.R. § 51.106(c) in addition to §§ 51.53(b) and 51.95(b). SACE respectfully submits that the regulation should be included in the waiver petition because it is closely related to §§ 51.53(b) and 51.95(b) and because by its plain terms, it would operate to defeat the petition unless it is waived.
As required by 10 C.F.R. § 2.323(a), this motion is filed within ten days of the event from which the motion arises: the filing of Tennessee Valley Authoritys (TVAs) response to SACEs Waiver Petition, in which TVA opposed the Waiver Petition on the ground, inter alia, that SACE had not asked for a waiver of 10 C.F.R. § 51.106(c). The motion is also accompanied by a certificate of counsel as required by 10 C.F.R. § 2.323(b), see page 4.
DISCUSSION SACEs Waiver Petition requests a waiver of 10 C.F.R. §§ 51.53(b) and 51.95(b).
Section 51.53(b) excuses an operating license applicant from addressing need for power and energy alternative issues in its application, and § 51.95(b) directs the NRC Staff not to address need for power and energy alternative issues in its environmental impact statement (EIS).1 Until it was pointed out by TVA, SACE was unaware of an additional regulation, § 51.106(c),
which forbids the Atomic Safety and Licensing Board (ASLB) from admitting contentions raising issues of need for power or alternative energy sources.
SACE respectfully submits that its failure to cite § 51.106(c) in the first instance is excusable because § 51.106(c) appears to be superfluous and redundant of §§ 51.53(b) and 51.95(b): even without § 51.106(c), §§ 51.53(b) and 51.95(b) already render it impossible to establish, for purposes of satisfying 10 C.F.R. § 2.309(f)(1)(iii) and (iv)s requirements for admission of contentions, that need for power and alternative energy issues are within the scope of an operating license proceeding or material to its outcome. The redundancy of § 51.106(c) is illustrated by the fact that although §§ 51.53(c) and 51.95(c) excuse license renewal applications and EISs from discussing spent fuel storage, NRC regulations contain no provision, comparable 1
With respect to operating license applications, 10 C.F.R. § 51.53(b) provides that:
No discussion of need for power, or of alternative energy sources, or of alternative sites for the facility, or of any aspect of spent fuel for the facility within the scope of the generic determination in § 51.23(a) and in accordance with § 51.23(b) is required . . .
With respect to supplemental EISs for operating licenses, 10 C.F.R. § 51.95(b) provides that unless otherwise determined by the Commission, the EIS:
will not include a discussion of need for power, or of alternative energy sources, or of alternative sites for the facility, or of any aspect of spent fuel for the nuclear power plant within the scope of the generic determination in § 51.23(a) and in accordance with § 51.23(b) . . .
2
to § 51.106(c), which would forbid ASLBs from admitting contentions related to spent fuel storage to license renewal proceedings. Yet, it is well-established that contentions challenging the environmental impacts of spent fuel storage are not admissible in license renewal proceedings. See, e.g., Florida Power & Light Co. (Turkey Point Nuclear Generating Plant, Units 3 and 4), CLI-01-17, 54 NRC 3, 21-23 (2001).
In addition, the requested amendment of the Waiver Petition will not delay or complicate the disposition of the Waiver Petition. Because Section § 51.106(c) is based on the same rationale as §§ 51.53(b) and 51.95(b), amending the Petition will not require any further briefing on the issue of whether SACE has satisfied the standard for a waiver petition. See Final Rule, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions and Related Conforming Amendments, 49 Fed. Reg. 9,352, 9,365 (March 12, 1984); Final Rule, Need for Power and Alternative Energy Issues in Operating License Proceedings, 47 Fed. Reg.
12,940, 12,942-43 (March 26, 1982).
CONCLUSION Despite its apparent redundancy of 10 C.F.R. §§ 51.53(b) and 51.95(b), 10 C.F.R. § 51.106(c) would, by its plain terms, defeat any otherwise meritorious petition for waiver of §§ 51.53(b) and 51.95(b) unless it also is waived. Therefore, the ASLB should grant SACEs motion to amend its Waiver Petition by adding a request for waiver of § 51.106(c).
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Respectfully submitted, Electronically signed by Diane Curran HARMON, CURRAN, SPIELBERG, & EISENBERG, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202-328-3500 Fax: 202-328-6918 e-mail: dcurran@harmoncurran.com March 10, 2010 CERTIFICATE OF COUNSEL REQUIRED BY 10 C.F.R. § 2.323(b)
I certify that on March 9, 2010, I contacted counsel for TVA and the NRC Staff in an attempt to resolve the concerns raised by this motion. Counsel for TVA said that TVA would not consent to the motion. Counsel for the NRC Staff said that the Staff would not take a position at this time.
Electronically signed by Diane Curran March 10, 2010 4
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
)
(Watts Bar Unit 2) )
____________________________________)
CERTIFICATE OF SERVICE I certify that on March 10, 2010, I posted on the NRCs Electronic Information Exchange System copies of the foregoing SACEs Motion for Leave to Amend Petition for Waiver of 10 C.F.R. §§ 51.53(b) and 51.95(b) It is my understanding that as a result, the following parties were served:
Lawrence G. McDade, Chair Kathryn M. Sutton, Esq.
Paul B. Abramson Paul M. Bessette, Esq.
Gary S. Arnold Morgan, Lewis & Bockius, L.L.P.
Atomic Safety and Licensing Board Panel 1111 Pennsylvania Avenue N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Mail Stop T-3F23 ksutton@morganlewis.com Lgm1@nrc.gov, pba@nrc.gov, wxb3@nrc.gov pbessette@morganlewis.com NRC Office of the Secretary NRC Office of Appellate Commission Rulemakings and Adjudications Staff Adjudication U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Hearing.docket@nrc.gov ocaamail@nrc.gov David E. Roth, Esq. Edward J. Vigluicci, Esq.
Edward Williamson, Esq. Christopher C. Chandler, Esq.
Andrea Jones, Esq. Office of the General Counsel Office of General Counsel Tennessee Valley Authority U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive, WT 6A-K Washington, D.C. 20555 Knoxville, TN 37902 David.roth@nrc.gov, andrea.jones@nrc.gov, ejvigluicci@tva.gov, ccchandler0@tva.gov elw2@nrc.gov (signed electronically by)
Diane Curran 5