ML11301A362
| ML11301A362 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 10/28/2011 |
| From: | Bell N Northwest Environmental Advocates |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML11301A360 | List: |
| References | |
| RAS 21322, 50-397-LR, ASLPB 11-912-03-LR-BD01 | |
| Download: ML11301A362 (4) | |
Text
UNITED STATES OF AMERICA U.S. NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
____________________________________ )
In the Matter of )
) Docket No. 50-397-LR ENERGY NORTHWEST )
) October 28, 2011 (Columbia Generating Station) ) ____________________________________)
MOTION TO REINSTATE AND SUPPLEMENT THE BASIS FOR FUKUSHIMA TASK FORCE REPORT CONTENTION INTRODUCTION Pursuant to 10 C.F.R. § 2.323(e), Petitioner Northwest Environmental Advocates hereby moves to reinstate and supplemen t the basis of its contention seeking consideration of the environm ental implications of the Fukushima Task Force Report in the Environmental Report for the proposed re-licensing of the Columbia nuclear power plant. Petition for Hearing and Leave to Intervene in Operating License Renewal for Energy Northwest's Columbia Generating Station (August 22, 2011). The contention was rejected as premature by this Atomic Safety and Licensing Board ("ASLB") in LBP-11-27, Memorandum and Order (Denying Motion s to Reopen Closed Proceedings and Intervention Petition/Hearing Request as Premature), __ NRC __ (Oct. 18, 2011). Northwest Environmental Advocates seeks to supplement the contenti on's basis to assert that the Commissioners of the U.S. Nuclear Regulatory Commission ("NRC" or "Commission") have recognized the safety and environm ental significance of the conclusions and recommendations of the Fukushima Task Force Report by issuing an order directing the NRC Staff to "strive to complete and implement the lessons learned 2 from the Fukushima accident within five years - by 2016." SRM/SECY-11-0124, Memorandum from R.W. Borchardt, Executive Director for Operations to Annette L.
Vietti-Cook, Secretary, re: Recommended Actions to be Taken Without Delay from the Near-Term Task Force Report (October 18, 2011).
1 Northwest Environmental Advocates also requests the ASLB to rule that in light of SRM/SECY-11-0124, the contention is no longer premature under the standard estab lished by the ASLB in LBP-11-27 and should be admitted.
2 DISCUSSION In LBP-11-27, the ASLB interprets the Commission's decision in Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2), et al., CLI-11-05, __ NRC __ (Sept. 9, 2011) to preclude admission of the Petitioner's contention because "it remains much too early in the process of assessing the Fukushima event in the context of the operation of reactors in the United States to allow any informed conclusion regarding the possible safety or environmental implications of that event regarding such operation."
Id. at 13. LBP-11-27 indicates, however, that the ASLB would consider the contention to be admissible if and when the Commission adopts the Task Force recommendations: It is difficult to fathom how the Commission could have stated more precisely and definitively that it remains much too early in the process of assessing the
1 The SRM is posted on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2011/2011-0124srm.pdf. 2 Northwest Environmental Advocates also wi shes to notify the ASLB that it believes that LBP-11-27 is based on an erroneous in terpretation of the National Environmental Policy Act ("NEPA") and the Commission's decision in Union Electric Co. d/b/a Ameren Missouri (Callaway Plant, Unit 2), et al., CLI-11-05, __ NRC __ (Sept. 9, 2011), and therefore intends to petition the Commissi on for review of LBP-11-27. Petitioner will request the Commission to hold its petition for review in abeyance pending the outcome of this motion.
See, e.g., Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), CLI-01-1, 53 NRC 1, 3 (2001) (citing International Uranium Corp. (White Mesa Uranium Mill), CLI 9, 46 NRC 23, 24-25 (1997).
3 Fukushima event in the context of the operation of reactors in the United States to allow any informed conclusion regarding the possible safety or environmental implications of that even t regarding such operation. Of still greater importance given [the Petitioners'] entire relian ce on the findings and recommendations of the Task Force, the Commission stressed w ith equal force and clarity that, while under active study, none of those fin dings and recommendations has been accepted. Thus, they scarcely have been given the effect that, according to [the Petitioners], gives rise to the environmental implications that undergird the contention that is sought to be admitted.
Id. (emphasis added). Northwest Environmental Advocates respectfully submits that the ASLB's condition for admission of the contention is satisfied by SRM/SECY-11-0124, which directed the NRC Staff to "strive to complete and implement the lessons learned from the Fukushima accident within five years - by 2016."
Id. at 1.3 While the SRM did not order the adoption of every single recommendation, it did endorse a significant number of them, including the sweeping Recommendation # 1 which would expand the scope of the
adequate protection standard. Thus, the Commission has "accepted" the Task Force Report in significant respects.
LBP-11-27, slip op. at 13. Therefore Northwest Environmental Advo cates requests the ASLB to take the following actions:
- order the reinstatement of the contention;
- permit the supplementation of the contention' s basis to include (in addition to the language of the Task Force Report itsel f and the Declaration of Dr. Arjun Makhijani) SRM/SECY-11-0124 as an indication of the si gnificance of the Task Force Report's conclusions and recommendations; and
3 There is no indication in LBP-11-27 that the ASLB was aware of the issuance of SRM/SECY-11-0124 at the time it issued LBP-11-27.
4
- rule on the admissibility of the reinstated and revised contention in light of SRM/SECY-11-0124. CONCLUSION For the foregoing reasons, this motion should be granted. Respectfully submitted, Signed (electronically) by Nina Bell, Executive Director Northwest Environmental Advocates
P.O. Box 12187 Portland, OR 97212
503-295-0490
nbell@advocates-nwea.org
October 28, 2011
CERTIFICATE PURSUANT TO 10 C.F.R. § 2.323(b) I certify that on October 27, 2011, I contact ed counsel for the applicant and NRC Staff and attempted to resolve the issues raised by this motion. They stated that they do not agree with the motion and intend to oppose it.
__________
Nina Bell