ML100770584
| ML100770584 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 03/18/2010 |
| From: | Dougherty J B Blue Ridge Environmental Defense League |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17587 | |
| Download: ML100770584 (12) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
___________________________________In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant Units 1 and 2 March 18, 2010
___________________________________
PETITIONERS' CORRECTED RESPONSE TO LICENSING BOARD MEMORANDUM AND ORDER REGARDING PREHEARING CONFERENCE TRANSCRIPT CORRECTIONS This filing presents the Board with revisions to the proposed transcript corrections filed by Petitioners March 15, 2010. The revised corrections are contained in the Appendix.
The revised proposed corrections have been reviewed by counsel for TVA and the Staff; no objections were expressed.Respectfully submitted, Signed (electronically) this 18 th day of March, 2010, inWashington, D.C.James B. Dougherty, Esq.709 3rd St. S.W.
Washington, D.C. 20024
(202) 488-1140(v)
(E-mail: jimdougherty@aol.com)
Counsel for Petitioners Blue Ridge Environmental Defense League, et al.
Appendix - Proposed Corrections to Transcript Page Line Action 2 3 delete "esq." 3 9 dougherty mispelled 3 23 substitute "its chapter the Bellefonte Efficiency and Sustainability Team" for "efficiency and sustainability chapter"; 4 11 substitute "withdrawal" for "withdraw" 16 3 substitute "proceeding" for "proceedings" 16 8 strike "a"
16 11 insert "reserve" after "will" 16 16 replace "he" with "the" 16 20 insert ". The Commission said" before "that section 185" 16 23 insert "but if you look at section" before "185" 16 25 insert "a" before "CP" 17 2 substitute "closely" for "closer"
17 4 insert "the" before "good cause" 17 6 insert "stricture or" before "requirement" 17 6 substitute "you haven't submitted a pleading" for "entered" 17 7 substitute "filed" for "file"
17 12 insert "what we have" before "here" 17 13 insert "no one including" before "petitioners" 17 15 substitute "deadline they" before "simply" 17 16 substitute "they've come" for "comes" 17 17 substitute "into the rubric of" for "in a " 17 21 substitute "part" for "point"; substitute "context" for "content" 17 22 substitute "its " for "the "
18 4 insert "again there's been" before "no"
19 9 insert "a" before "construction" 18 13 substitute "were the lights" for "the plate"
18 17 insert "as we'll explain" before "when"; insert "contention on" before "quality" 18 18 substitute "applicant just walks away from a" for "operating"; insert "and" before "comes" 18 21 substitute ": inimical to T" for ". T" 18 24 substitute "is made" for "makes that" 19 6 substitute "anything. " for " them "
19 8 substitute "make" for "may" 19 9 substitute "applicant's" for "applicant" 19 11 substitute "by" for "with"
19 14 insert "without groundings." after "sort of"
19 20 insert "So we're at sea here. And it puts us at a real disadvantage." before "We".
19 21 substitute "while it tries" for "try" 19 22 substitute "its" for "and"
19 25 insert "is where" before "we" 20 1 insert "show up at the prehearing conference and" before "say" 20 2 insert "it" after "hate" 20 3 insert "arguments" after "due process"; insert "but that's sort of the position we find ourselves in" before "we now"; substitute "we don't even know what the rules here are
yet" for "we now";20 4 substitute "the good cause standard" for "good cause standing";
20 23 substitute "does" for "is"
28 1 insert "would" before "just"
28 12 insert "The" before "Commission"
28 17 insert "if they were fairly and finally resolved" before "30" 28 18 substitute "raising these new issues" for "issue" 28 22 substitute "context as" for "contacts that"
28 23 insert "new" before "information" 29 2 insert "ambient" before "water" 29 3 insert "new" before "information" 29 7 insert "and environmental" before "questions" 29 18 substitute "OL" for "oral" 31 16 substitute "adequacy" for "advocacy" 32 10 substitute "review" for "reading" 32 13 insert "the" before "EIS"; substitute "An" for "And"
32 14 insert "an" before "EIS"
32 15 insert "an" before "operating" 32 22 substitute "NEPA" for "the meaning" 32 23-24 substitute "are to be determined" for "should be rejected" 33 6 insert "It is appropriate that these be done at the level of the environmental impact statement." before "These are" 33 7 substitute "reinstatement" for "reinstate" 34 5 substitute "two reactors at" for "through" 34 7 insert "the" before environmental assessment 34 25 substitute "in the context of" for "we contacted"
35 3 insert "a" before "close" 35 9 substitute "varmints" for "environments" 35 11 substitute "sawzalls" for "saws" 35 12 substitute "condensers" for "basically" 35 14 substitute "sui generis" for "too generous"
35 18 insert "worth" before "of" 35 23 insert "How is that going to be done? How is that going to be welded?" after "in."
37 2 substitute "make" for "find"
37 2 delete "EIS" 37 12 substitute "he" for "it" 37 15 substitute "say that's" for "said" 37 16 substitute "inapplicable" for "applicable"; insert "for both environmental and technical questions" at the end of the sentence 37 17 strike "Environmental questions"
37 18 insert ". The ecology has changed," after "changed" 37 19 substitute "changed" for "change"; insert "the" before economy; insert "there's" before "new" 37 20-21 substitute "the environmental review" for "environmental limit" 56 7 insert "interim" before "mechanism" 56 20 insert "the" before "Staff"
56 22 insert "a" before "regulation"
56 23 insert "an" before "EIS"; substitute "EISs of course are" for "EIS is" 56 24 insert "an" before "EIS"
57 4 strike "that" 57 6 insert "in a context" before "historically" 57 7 substitute "compliance as" for "compliance's"; insert "Its just stuff you gotta do -- a box on a checklist57 9 insert "the" before "environmental" 57 16 substitute "we're supplementing it" for "supplementing" 57 20 substitute "?" for "."
58 3 insert "to be" before "meaningful" 58 5 substitute "the CPs" for "CP"; delete comma 58 6 substitute ". As" for "because" 58 7 substitute "tendon" for "attendant" 58 9 substitute "" "assessments" for "Staff" 58 10 substitute "that" for "in and" ; insert "is" before "money"
58 12 insert "with" before "every" 58 16 substitute "preferable power available at lower cost" for "available power and over cost."58 19 insert "of" before "1" 59 1 substitute "anyway" for "any way" 59 3 substitute "That sort of" for "That's" 59 5 insert "they" before "say"; substitute "that" for "a"; substitute "there" for "it" 59 11 substitute "Or they may," for "and" 59 16 insert "they never initiated construction or they never" before "completed"; substitute "were" for "are" 59 20 delete first "assumption"
59 22-23 substitute "on a reinstated" for "and reinstate the"
60 1 insert "the" before "staff"
60 5 insert "its" before "environmental"
60 6 insert "the" before "facts"
60 7 insert "order" before "in" 60 10 substitute "is" for ","
60 12 substitute "such as its failure to consider" for "and so considered" 60 14 substitute "issuances" for "issues" 65 13 insert "to be" before "tantamount"; substitute "issuance" for "issue"
65 16 insert " - " before "that" 65 18 insert "Admittedly" before "there"; insert " - here they've" before "upgraded" 65 19 substitute "under" for "on" 65 19-20 substitute "from terminated to deferred" for "to terminate the deferred"
65 20 insert "there" before "could" 65 21 insert "the way I think" before "any" 65 22 insert "is they've been" before "granted"; insert "of their authority" before "to" 65 23 insert "and it" before "must"; insert "if" before "construction" 65 24 insert "its possible that" before "if"; substitute "an" for "a" 66 1 substitute "NEPA's" for "NEPA"; insert " but we would consider that segmentation."
after "way" 66 4 substitute "indeterminate" for "determining"; insert "some months from now" after "stage"67 13-14 substitute " - both the petition and the supporting affidavit of Dr. Gunderson - speak for themselves" for "and supporting affidavit Dr. Gunderson speaks are" 67 16 delete "is" 67 21 substitute "have" for "has" 67 22 insert "have" after "we" 67 24 substitute "Gunderson" for "henderson"; insert "Richter 4 or higher" before "have" 68 2 substitute "I would also note that in" for "And" 68 3 substitute "Joseph" for "jesse"
68 4 insert "he" before "pointed" 68 5 insert "site suitability" before "determinations"; substitute "have" for "has" 68 6 substitute "site" for "cite" 68 7 substitute "suitability" for "cert ability" 68 9 substitute "contention" for "context" 68 16 insert "proceeding" before "is" 68 17 substitute "planning" for "plant" 68 19 insert "decisions that have to be made by the Commission" before "and"
68 24 insert "we've" before "supported' 68 25 substitute "to" for "toe" 69 2 insert "there's" before "some" 69 15 substitute "redesign" for "design" 69 15 insert "more tendons," before "thicker" 69 18 substitute "Once the plant is constructed" for "after"; substitute "an" for "a" 69 18 insert "and irretrievable" before "commitment" 69 20 substitute "tendons" for "addendum" 70 1 substitute "system being" for "position of" 70 2 substitute "suitability" for "cert ability"
70 3 insert "is" before "not"; insert "on these things" after "TVA" 70 7-8 substitute "Yes but they are also to be made at the time the construction permit is issued" for all 70 9 substitute "30" for "230" 70 11 insert "Yes but according to Staff member Williams," before "those"
70 12 insert "that's not what our contention goes to;" before "what" 70 15 substitute "to authorize" for "the"; insert "of" before "construction" 70 16 insert "it" before "should"; substitute "seismicity" for "seismic"; substitute "calculus" for "information" 70 23 substitute "Gunderson" for "henderson" 70 24 substitute "of the" for "and" 71 3 substitute "pretend" for "intend" 81 13-14 substitute " - that its outside the scope - as its been" for "that's outside of scope. It's Been" 81 16 substitute "out by the Commission but we think it was" for "up been by the complex" 81 17 substitute "of the" for "is" 81 25 substitute "actually that the public health and safety" for "fully compensate"
82 4 insert "if at" before "the" 82 4-5 substitute "it were discovered" for "they were discovering" 82 5 substitute "were seismicity" for "seismic" 82 6 substitute "adding tendons perhaps or whatever" for "and" 82 16 insert "well we think it unlikely that any agency whether it's the NRC or another agency or this panel or" before "any other" 82 17 insert "on this plant" before "and" 82 18 substitute "got" for "been" 82 19 insert "Judge Barrata" before comment
82 20 delete "," after "theoretically 82 21 insert "but there are a lot of things stacked up against that" before "and" 82 22 substitute "directs this Panel to" for "will" 82 24 substitute "these issues and" for "the SQUUISH" 82 24 insert "before they get literally set in concrete." after "before"
86 10 insert "who drafted this contention" before "I" 86 10-11 substitute "is not named" for "did not mean" 86 14 insert "many of which" before "would" 86 20 insert "open," before "public"; insert "and really starting at square one and" before "re-evaluating"; delete 'with" 87 2 insert "two or three or four" before "and"
87 3 insert "exactly" before "the"; insert "and" before "we" 87 4 substitute ". They've" for "and" 87 6-7 substitute "and they've said we don't know if we're going to construct zero or one or two" for "affect the NEPA process."; insert "And that is" before "as it" 87 10 insert "it" before "may" 87 12 substitute "that" for "the" 87 14 substitute "markets have created a situation in which" for "technology that' 87 16 substitute "there will be" for "the" 87 18 substitute "that this is a fair question for" for "a fair"; substitute "in" for "of" 88 2 insert "it or the" before NRC; substitute "there are" for "the" 88 3 insert "and environmentally preferable ways of" before "going" 88 4 substitute " in" for "is the" 88 24-25 substitute "will look worse. It will be more expensive and environmentally poorer" for "is more expensive than environmentally" 89 4 substitute "and" for "did" 89 13 substitute "That may be" for "then maybe" 89 17 insert "complete" before "and" 89 23 substitute "engineering" for "emerging"
89 25 insert "subject to entropy" before "so" 90 1-2 substitute "Babcock and Wilcox 205" for "Wilcox 2 and 5" 90 4 substitute "ken" for "ten" 90 19 insert "challenge" after "energy" 91 7 delete "this morning" 91 8 insert "But" before "I"; insert "had" before "done"
91 9-10 substitute " I was surprised. That was the first I'd heard of it." for "I was surprised."
92 4 insert "being involved" after "there" 109 19 substitute "lawyer" for "labor" 109 20 substitute "took" for "had" 109 21 substitute "and sent" for "to send" 109 24 insert "and legal argumentation" after "challenges" 110 1 insert "of this Panel" before "to";
110 2 substitute "of" for "if" 110 5 substitute "construed" for "considered" 110 6 substitute "TVA's" for "TVA"
110 11 insert "is that" before "we" 110 13-14 substitute "and that that questions as to what this means needs" for "question need"110 19 substitute "and" for "in the"; substitute "these" for "this" 110 21 substitute "build" for "vote"
110 25 insert "the" before "3"; insert "was" before "when"
111 6 delete "have"
111 9 insert "they're" before "being"
111 13 insert "are in play. And that" before "actually" 111 15 substitute "it wants" for "they want" 112 1 insert "the" before "cost" 112 4 substitute "knows" for "know" 112 6 substitute "surrounded" for "born" 112 9 insert "have" before "been" 112 10 substitute "a" for "the" 112 17 substitute "the" for "that"
112 20 delete "the and" 112 23 insert "cost of" before "alternative"
113 8 insert "within the past year" before "by" 113 9 substitute "Keystone" for "keystone" 113 10 substitute "delivered" for "delivery"
114 7 insert "and" before "citations"
114 10 insert "levelized costs" before "of power"
114 15-16 substitute "those data in the Keystone" for "in the case note" 115 15 substitute "had done" for "got"
115 18 insert "in the context" before "of" 118 2 delete "it"; insert "what this case was about that" after "wife" 118 5 substitute "was" for "is"
118 6 insert "?" after "kidding" 118 14 substitute "a" for "the"
118 17 delete "," after "of" 118 20 substitute "process" for "ross" 118 21 insert "at any point" before "you" 119 10 insert "in fact" before "certain" 119 11 substitute "There have been" for "There's" 119 25 substitute "jurisdiction" for "jury"
120 5 insert "that" before "this"
120 11 insert "and" before "cured"
120 13 insert "have" before "lost" 120 14 insert "really have to" before "say"; insert "that" before "Mr."
120 19 insert "actually" before "considered"
121 13 insert "is" before "that" 121 17 insert "data for the" before "missing"
121 19 insert "do" before "know"; insert "that" before "parts"
121 19 insert "that's just a dark period and" before "that"
121 20 insert "now...." after "attempt"
122 10 insert "what we're saying is that they should do it" before "in" 122 11 insert "Its not enough for them to put a sentence in a letter saying we've got this under control." before "The" 122 12 insert "that" before "they"
122 13 insert "that" before "they" 122 20 substitute "in" for "and" 122 23 substitute "if" for "to" 122 25 substitute "expert" for "attorneys" 123 2 substitute "not" for "thought"
123 3 insert "that" before "is" 142 1 substitute "so it preceded any of our contentions" for "and proceeded our intentions"
142 9 insert "affected interested" before "public" 142 10 substitute "tested" for "testified" 142 12 substitute "subject to your" for "part of the" 142 21 substitute "layup" for "Layia"
142 25 insert "which is" before "what" 143 1 substitute "corrective action" for "discretion action" 143 2 insert "be making" before "judgments" 143 3 substitute "CAP" for "cap" 143 6 substitute "be involved in testing" for "test" 143 7 substitute "that" for ","
143 9 substitute "Bollwerk" for "Baratta 144 1 insert "to answer the existing and unresolved questions" before ","
144 2 substitute "all those" for "the" 144 13 substitute "we need a" for "in the" 145 24-25 substitute "site suitability" for "site's ability" 146 1 substitute "portends" for "pretends" 146 12 substitute ". We think that" for ","
147 4 "haven't said all actually. What we've said is" for "say" 159 15 substitute "By now there is an evident" for "Dougherty were. There is a" 159 16 in "has" before "emerged"; substitute "in" for "and"; substitute "opposition to" for "
of six of" 159 17 substitute "no" for "for" 159 19 substitute "that" for "the"; insert "that" before "deal" 160 13 insert "then the OL proceeding is the right place to do that. Similarly," before "if"
160 14 insert "that needs" before "to" 160 16 insert "for the OL proceeding" at the end of the sentence 160 23 substitute "30" for "300" 160 24 substitute "this" for "there"
161 1 insert "so" before "that" 161 2 insert "what the answer would be" after "idea" 161 24 substitute "the OL" for "this" 161 25 insert "immediately" at the end of the sentence 162 15 substitute "operating" for "separating" 162 16 insert "in a manner" before "that"; substitute "some rebuilding" for "ring" 163 6 insert "and we're not going to petition to change it" after "process" 163 7 insert "the" before "two"; substitute "get" for "are" 163 8 insert "get" before the second "raised" 163 9 substitute "we consider the issues that we've raised here" for "you consider the issues
we raise" 163 15 insert "And as we said that might have been a great step forward," before "But";
substitute "our" before "a" 163 23 insert "that" before "equipment"; insert "that is" before "installed"
163 25 insert "its" before "useful": substitute "Aging" for "agent" 164 1 substitute "preconditioned" for "reexamined" 164 2-3 substitute "end-of'installed" for "the installed' 164 9 substitute "We're now looking at" for " -- 36 years ago and now we have"
164 11 no new paragraph 164 14 substitute "initial" for "official" 164 15-16 substitute "one of the consequences that" for "a consequence of" 164 17 insert "it" after "resume" 164 21 substitute "50.49(e)(5)" for "50.4095"; substitute "its" for "the" 164 22 substitute "concludes" for "conclusions" 171 11 substitute ". There's been" for ","
172 10-10 substitute "Inevitably" for "Over time,"
172 16 delete "a" 172 19 substitute "contention that" for "conditions"
172 24 insert "of fish and shellfish" before "have" 173 3 substitute "number of impoundments on the river whose operations" for "flub -- numbers operations who" 173 3 insert "a lot" before 'to" 173 10 substitute "in a way that it" for "this is a way we" 178 8 substitute "familiar enough with this record to be able to state this with certainty," for "to deal with this"178 10 substitute "issues" for "issued"
178 16 insert "perhaps" before "should" should be before "they" 181 19 substitute "this" for "there'
181 23 insert "and are" before "making"; insert "points" after "valid" 181 23-24 substitute "there has been a history" for "is list' 181 25 substitute "incumbent on you" for "income went"; substitute "these statements" for "this"182 4 substitute "illuminated" for "eliminated'
182 5 insert "an" before "adjudicatory'
182 6 insert "can just" before "say'
182 8 insert "an" before "adjudicatory"
182 9 insert "about this" before "in" 182 10 substitute "three" for "he" 182 14 substitute "there" for "they" 182 17 substitute "fact that" for "facts" 182 20 substitute "be considering a proposal that's unclear" for "consider a proposal it agencies will" 182 21 substitute "we don't even know" for "tonight"
182 23 insert "and" before "hardest" 182 24 substitute "now" for "new"
183 1 insert "what is" before "our"
183 1 delete "as party -"
183 2 insert "trying to justify our contentions" after "petitioners"
186 2 insert "North Anna re-racking" before "in 1979".
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
___________________________________In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant Units 1 and 2
___________________________________
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Petitioners' Response To Licensing BoardMemorandum and Order Regarding Prehearing Conference Transcript Correctionswere served this day on the following persons via Electronic Information Exchange.
Office of the Secretary ATTN: Docketing and Service
Mail Stop 0-16C1 US Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: hearingdocket@nrc.gov
)Office of Commission Appellate Adjudication US Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: ocaamail@nrc.gov
)Patrick A. Moulding, Esq.
Ann P. Hodgdon, Esq.
US Nuclear Regulatory Commission
Mail Stop O-15 D21 Washington, DC 20555-0001 (E-mail: patrick.moulding@nrc.gov, ann.hodgdon@nrc.gov
)Louise Gorenflo Bellefonte Efficiency & Sustainability
Team 185 Hood Drive
Crossville, TN 28555 (E-mail: lgorenflo@gmail.com
)Kathryn M. Sutton, Esq.
Lawrence J. Chandler, Esq.
1111 Pennsylvania Ave., NW Washington, DC 20004 (E-mail: ksutton@morganlewis.com, lchandler@morganlewis.com
)Martin J. O'Neill, Esq.
1000 Louisiana St., Suite 4000
Houston, TX 77002 E-mail:
martin.oneill@morganlewis.com Edward J. Vigluicci, Esq.
Scott A. Vance, Esq.
Tennessee Valley Authority 400 West Summit Hill Dr., WT 6A-K
Knoxville, TN 37902 (E-mail: ejvigluicci@tva.gov, savance@tva.gov
)
Andrea Z. Jones, Esq.
Counsel for NRC Staff US Nuclear Regulatory Commission
Office of the General Counsel
Mail Stop: O-15 D21 Washington, DC 20555-0001 Signed (electronically) this 18 th day ofMarch, 2010, in Washington, D.C.James B. Dougherty, Esq.709 3rd St. S.W.
Washington, D.C. 20024
(202) 488-1140(v)
(E-mail: jimdougherty@aol.com)