CLI-22-08, Order (Adopting Transcript Corrections and Closing Evidentiary Record)
| ML23058A395 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 02/27/2023 |
| From: | Michael Gibson Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| License Transfer, RAS 56655, 50-155-LT-2, 50-255-LT-2, 72-007-LT, 72-043-LT-2, ASLBP 22-974-01-LT-BD01, CLI-22-08 | |
| Download: ML23058A395 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge:
Michael M. Gibson Presiding Officer In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.,
ENTERGY NUCLEAR PALISADES, LLC, HOLTEC INTERNATIONAL, and HOLTEC DECOMMISSIONING INTERNATIONAL, LLC (Palisades Nuclear Plant and Big Rock Point Site)
Docket Nos. 50-255-LT-2 50-155-LT-2 72-007-LT 72-043-LT-2 ASLBP No. 22-974-01-LT-BD01 February 27, 2022 ORDER (Adopting Transcript Corrections and Closing Evidentiary Record)
Pursuant to the Commissions Memorandum and Order CLI-22-08, on February 8 and 9, 2023, the Board held an evidentiary hearing in Rockville, Maryland regarding Holtecs application to transfer control of the Palisades and Big Rock Point sites.1 On February 27, the NRC Staff and the Parties jointly filed proposed transcript corrections for the evidentiary hearing.2 After reviewing the jointly filed proposed corrections, the Board hereby adopts the corrections set forth in Appendix A to this order and deems the transcript of the February 8 and 9 hearing, which constitutes the official record of events at the evidentiary hearing,3 to be 1 See Order Providing Notice of Hearing (Jan. 19, 2023); Order Amending Notice of Hearing (Jan. 20, 2023).
2 See Joint Proposed Transcript Corrections (Feb. 27, 2023).
3 See 10 C.F.R. § 2.327(b).
revised in accord with those corrections. The evidentiary record is now closed and the parties need not further update their disclosures herein.
The NRC Staff and the Parties to this proceeding shall have 20 days from the date of this order to submit their respective written post-hearing statements of position on the issues discussed at the evidentiary hearing.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD Michael M. Gibson PRESIDING OFFICER Rockville, Maryland February 27, 2022
/RA/
Attachment A: Evidentiary Hearing Errata Sheets FEBRUARY 8, 2023 EVIDENTIARY HEARING TRANSCRIPT ERRATA SHEET Tr. Page Line Now Reads Should Read Speaker 28 9
HOLDINGS OPERATIONS 31 17-18 10 CFR 50(a)(2) 10 CFR 50.82 32 15 And, Were And, were LEIDICH 33 4
Dan Nessel Dana Nessel MOODY 33 17 Wilke Welkie GIBSON 34 17 standup stand up GIBSON 35 6
NRC still will NRC Staff will GIBSON 35 17 answers to that was witnesses to that are WACHUTKA 35 20 and Safety Safety GIBSON 38 10 Muhitch Muhich GIBSON 38 19 CLI22-08 CLI-22-08 GIBSON 39 4
CLI22-08 CLI-22-08 GIBSON 39 16 will develop and will develop an GIBSON 40 4
that is before that are before GIBSON 40 23 decommissioning spent decommissioning, spent GIBSON 45 5
marshaling Marshalling GIBSON 45 24 into Exhibit into Evidence Exhibits GIBSON 46 3
10 CFR 50(a)(2) 10 CFR 50.82 GIBSON 48 9
feverously feverishly GIBSON 49 6
is due 20 days are due 20 days GIBSON 51 3
Wilke Welkie GIBSON 51 4
Wilke Welkie GIBSON 51 4
not use to not used to GIBSON 51 8
WILKE WELKIE WELKIE 51 16 were use to that were used to that GIBSON 52 22 you witnesses your witnesses GIBSON 56 5
estimate, which is estimate is GIBSON 57 2
what is oldest fuel first what the oldest fuel first GIBSON 60 24 study late study later GIBSON 61 2
DEC DCE GIBSON 61 18 PD PDF GIBSON 62 8
getting these getting the GIBSON 62 15 to see to see to see GRAVES 63 12 Board Court GRAVES 64 18 antidotally anecdotally GRAVES 64 24 Grave Graves GIBSON 65 8
Wilke Welkie GIBSON 65 10 CLI22-08 CLI-22-08 GIBSON 66 1
first as protocol first protocol GIBSON 66 9
also earlier also an earlier GIBSON 66 10 all of this an oldest GIBSON 68 5
rate a fuel rate of fuel GIBSON 68 5
fuel remove fuel removal GIBSON 68 20 well So well. So GIBSON 69 25 2030 2040 GRAVES 70 18 CLI22-08 CLI-22-08 GIBSON 71 10 collection recollection GIBSON 71 13 quick peak quick peek GRAVES 71 15 quick peak quick peek GIBSON 71 24 Wilke Welkie GIBSON 72 16 Wilke Welkie GIBSON 75 15 sentence sense GRAVES 77 9
possible for feasible possible or feasible GRAVES 80 17 Wilke Welkie GIBSON 81 4-5 3,000 to in 3,000 to, it GRAVES 81 9
aware of in aware of in addition to GIBSON 81 16 say If says if GRAVES 81 23 made possibly possibly made GRAVES 82 6
assume assumed GIBSON 82 8
assumption assumptions GIBSON 82 16 DOE?
DOE.
GRAVES 84 2
talk about taking into account GRAVES 84 22 tendered standard GRAVES 85 10 Wilke Welkie GIBSON 85 25 mission planner mission plan GRAVES 89 11-12 discharged from a shutdown plan discharged from shutdown plants GRAVES 92 1-2 how metric how many metric GIBSON 93 6
for then 4,200 then 4,200 GRAVES 95 21 SSC ISFSI GRAVES 98 14 the date that date GRAVES 103 8
VCE DCE GIBSON 107 7
fuel cases spent fuel cases GRAVES 107 8
Federal Court claims Federal Court of Claims GRAVES 107 21 VCE DCE GIBSON 108 11 VCE DCE GIBSON 109 14 OFF rights are that OFF rights that GRAVES 109 20 VCE DCE GIBSON 111 20 don't how don't know how GRAVES 112 1
breached oral breach world GRAVES 118 2
than 23 years than in 23 years.
GRAVES 125 17 program that was program than was GIBSON 127 5
Wilke Welkie GIBSON 128 2
H0LL1 HOL 1 GIBSON 128 17 right rights GIBSON 128 23 matter fact matter of fact GRAVES 130 20 just add up just added up GRAVES 131 18 stack you work.
stack you were.
GRAVES 132 12 position again, position again.
GIBSON 133 3
Wilke Welkie GIBSON 133 7
off-base OFF-based GIBSON 134 4
see many see how many GRAVES 136 14 do it as once do it once GRAVES 137 21 SSC ISFSI GRAVES 141 19 in minute in a minute GIBSON 143 18 Wilke Welkie GIBSON 145 21 DEA DOE GRAVES 145 25 started?
started.
GRAVES 150 6
Wilke Welkie GIBSON 152 22 for while for whether GRAVES 153 2
in there, DCE in their DCE GRAVES 153 15 Too 1
GIBSON 154 1
Wilke Welkie GIBSON 155 23 Indian Plant Indian Point GRAVES 156 8
to Presiding to look at Presiding GIBSON 156 11 Wilke Welkie GIBSON 158 7
Wilke Welkie GIBSON 158 15 Units Unit GIBSON 159 5
Is SAFSTOR is GRAVES 159 14 Wilke Welkie GIBSON 164 22 Lets hope the Lets hold the GIBSON 166 20 swell foop fell swoop GRAVES 166 23 people out their people out there GRAVES 169 1
right of right out of GRAVES 169 23 2030 23rd GRAVES 170 3
11,500th time.
11,500th in line.
GRAVES 171 4
Oyster Creek Pilgrim Oyster Creek, and Pilgrim GRAVES 172 4
never the never had the GRAVES 172 14 And If turns And if it turns GIBSON 172 24 transfer time transfer title GRAVES 173 10 year on year year to year GRAVES 174 5
something, a something like a GRAVES 174 14 National Waste Policy Act Nuclear Waste Policy Act GIBSON 175 11 cannister cannistered GIBSON 177 4
comprehensive stop comprehensive step GRAVES 177 16 of big ISFSI of a big ISFSI GRAVES 177 22 Okay, Michigan Okay, the Michigan GIBSON 179 12 operating pools operating plants GRAVES 180 5
this done this was done GRAVES 180 15 about, right?
about that, right?
GIBSON 180 22 exchange exchanges GRAVES 181 2
intercompany intracompany GIBSON 181 17 argumentation argument GRAVES 182 3
intercompany intracompany GIBSON 182 10 2040, 2040.
GRAVES 182 12 other companies their companies GRAVES 184 24 intercompany intracompany GIBSON 185 1
use priority?
use shutdown priority?
GIBSON 186 4
could be outside could be offsite GIBSON 187 9-10 these was there was GIBSON 187 16 none by the same done by the same GRAVES 187 23 National Waste Nuclear Waste GIBSON 189 15 adhere to adhere GRAVES 195 8
ONM O&M CAPIK 195 10 disposals.
disposal.
CAPIK 196 3
from that for that CAPIK 196 21 is that number is with the number CAPIK 197 2
VCE DCE CAPIK 197 4
to sure that to ensure that GIBSON 198 25 all the fuels are all of the fuel is CAPIK 201 20 Misses?
missus GIBSON 208 10 that a fair?
that fair?
GIBSON 208 17 So if So if So if GIBSON 209 6
I they CAPIK 209 16 only which which only CAPIK 211 20 accepted, would accepted, DOE would CAPIK 214 14 that's the that's what the CAPIK 216 3
multi plants multiple plants CAPIK 216 10 the represent they represent CAPIK 219 15 speculates specifies CAPIK 220 17 Yes, Yes.
GIBSON 221 14 It is not sufficient to It is not sufficient to GIBSON 221 20 possible.
possible.
GIBSON 221 25 Wilke Welkie GIBSON 223 14 its fuel pool its fuel pool CAPIK 224 6
precede is preceded is preceded GIBSON 225 10 cache casks CAPIK 226 1
points.
plants CAPIK 228 11-12 Boral flex Boraflex CAPIK 231 12 11-year plant 11-year plan GIBSON 236 23 stay and eat stay at ease GIBSON 237 8
Mr. Graves Mr. Capik GIBSON 237 16 lighter reactors later reactors CAPIK 238 25 Wilke Welkie GIBSON 239 12 says in January 2013 says, in January 2013 GIBSON 239 25 continued -- go continued -- go GIBSON 240 1
page -- delay page -- delay GIBSON 240 9
provisions.
provisions.
GIBSON 240 22 different between difference between CAPIK 241 7
justify.
adjust.
CAPIK 242 18-19 other contract provisions other contract provisions GIBSON 242 24 Graves turn Graves turn GIBSON 243 18 exact what exactly what GRAVES 244 4
Wilke Welkie GIBSON 246 18 that the DCS with the DCS GIBSON 247 21 right.
ripe.
GRAVES 248 6
with the year within the year CAPIK 249 12 DCEs DCSs GIBSON 252 13 conducted to for conducted for GRAVES 255 24 youre intra-company your intra-company GIBSON 257 1
were the were not the GRAVES 257 22 shutdown and I have to shutdown paradigm to GRAVES 258 4
DOE 2 DOE queue GIBSON 258 21 Wilke Welkie GIBSON 260 5
in there in DCE in their DCE GRAVES 260 23 waste are waste is GRAVES 262 14 priorities the acceptance prioritizes the acceptance GIBSON 264 22 Wilke Welkie GIBSON 266 1
Capik Graves GIBSON 268 19 around the countries around the country GRAVES 269 8
between that an between that and GIBSON 269 9
you If thats U, if thats GRAVES 270 2
Wilke Welkie GIBSON 270 16 are the plans are the plants GRAVES 271 15 Ms. Capik Mr. Capik GIBSON FEBRUARY 9, 2023 EVIDENTIARY HEARING TRANSCRIPT ERRATA SHEET Page Line Now Reads Should Read Speaker 273 9
HOLDINGS OPERATIONS 277 8
my guess I guess GIBSON 277 25 run of sight line of sight GIBSON 278 4
Wilke Welkie GIBSON 278 8
CLI22-8 CLI-22-08 GIBSON 278 11 Wilke Welkie GIBSON 279 2
Wilke Welkie GIBSON 279 15 11 1(i)
GIBSON 279 18 II (ii)
GIBSON 281 10 Holtec DCE Holtecs DCE GIBSON 282 3
sounds family sounds familiar TIERNEY 282 4
not reviewing not remembering TIERNEY 287 6
was the basis as the basis BUCKLEY 287 8
Palisade Palisades BUCKLEY 290 24-25 about expiration about the expiration GIBSON 292 10 make things take things GIBSON 295 1
that type of removals the type of removals BUCKLEY 295 9
was used to calculate were used to calculate BUCKLEY 296 23 Yankee in Yankee is in TIERNEY 297 8
in making than making TIERNEY 301 22 more waste in more waste than GIBSON 303 16 cube cubic feet TIERNEY 305 9
Wilke Welkie GIBSON 306 3
decommissioning dost decommissioning cost BUCKLEY 307 9
Just add Just to add TIERNEY 308 14 licensed transfer license transfer GIBSON 314 20 Wilke Welkie GIBSON 315 4
But it is the But in it the GIBSON 316 22 Wilke Welkie GIBSON 323 11 case flow cash flow CAPIK 325 13 In short of And short of GIBSON 326 12 collective collectively CAPIK 326 24 HDI basis HDI bases GIBSON 329 17 acceptable.
a table.
GIBSON 329 18 MR. CAPIK MR. LOVETT LOVETT 330 5
contract in Holtec contract between Holtec CAPIK 330 11 lines items line items CAPIK 332 10 nodding theyre nodding their GIBSON 335 20 Wilke Welkie GIBSON 337 8
know now known now CAPIK 337 10 driving waste driven waste CAPIK 339 13 corporation corporations CAPIK 340 9
was think I was thinking I GIBSON 341 8
subtitled Subtitle CAPIK 342 7
Okay Correct CAPIK 342 13 one minute one hour GIBSON 343 10 Wilke Welkie GIBSON 343 11 Brownie Mr. Welkie GIBSON 343 21 Because these Because this GIBSON 344 6
Wilke Welkie GIBSON 344 20 CLI22-8 CLI-22-08 GIBSON 345 8
define estimate defines estimate GIBSON 345 12 Wilke Welkie GIBSON 345 12-13 And estimates An estimate GIBSON 346 5
up to quantity up to quantities GOULETTE 346 13 have them put have been put GOULETTE 346 23 Nothing of Something of GOULETTE 347 8
Is that far?
Is that fair?
GIBSON 348 9
We use basically We used basically GOULETTE 348 17 Wilke Welkie GIBSON 348 22 Alison Allison ISRAEL 349 16 Wilke Welkie GIBSON 350 19 Wilke Welkie GIBSON 351 16 we use that we used that GOULETTE 352 19 I would It would GOULETTE 353 23 type stuff type of stuff GOULETTE 354 14 is no really is no real GOULETTE 355 21 Palisades Palisades GIBSON 355 25 GEH GE GOULETTE 356 5
Wilke Welkie GIBSON 356 9
contract for contracts for GOULETTE 357 1
bring out bring our GOULETTE 357 15 6 dollars 36 dollars GOULETTE 359 1
Volker (phonetic)
Volcker GIBSON 359 2
head of the affair head of the Fed GIBSON 359 9
Wilke Welkie GIBSON 362 5
Wilke Welkie GIBSON 362 11 Wilke Welkie GIBSON 362 19 Wilke Welkie GIBSON 364 20 Wilke Welkie GIBSON 367 18 CLI22-8 CLI-22-08 GIBSON 368 14 Wilke Welkie GIBSON 369 9
Wilke Welkie GIBSON 370 7
Wilke Welkie GIBSON 373 22 SNC lab SNC Lavalin GOULETTE 375 14 decommission is going decommissioning is going TIERNEY 375 20 estimate, construction estimate for construction TIERNEY 375 20 This is in This isnt TIERNEY 377 25 hope you cane hope you can GIBSON 378 13 into effect in to affect GOULETTE 380 22 whether delays in weather delays, and GIBSON 382 21-22 fuel on bad fuel on pad GOULETTE 385 9
Wilke Welkie GIBSON 386 11 youre correct with youre current with GIBSON 390 19 Thats is That is GOULETTE 391 11 essentially if essentially, if GIBSON 391 23 which is I had which I had GOULETTE 392 3
brings you out brings out GOULETTE 392 12-13 Holtec's calculated costs included ere not calculated costs, were not adequate Holtecs calculated costs were not adequate GIBSON 393 6
at the tip at the top GOULETTE 394 20 Mr. Capik is opined Mr. Capik has opined GIBSON 396 8
our four plant our fourth plant GIBSON 396 13 of course actually work experience of course actual work experience GIBSON 397 7-8 for Palisades that the Palisades for Palisades is that the Palisades GIBSON 397 13 General Mr.
General and Mr.
GIBSON 397 18 great contingency greater contingency GIBSON 397 22 fuel update fuel out date GIBSON 398 10 transported. Holtec transported, Holtec GIBSON 398 18 before is its not before, its not GOULETTE 398 22-23 waste control waste contract GIBSON 401 2
full re-baseline lining full re-baselining GIBSON 402 3
the is re-baselining this re-baselining GIBSON 405 23 Do you do one So you do one GIBSON 409 22 where we had in than we had in GOULETTE 410 22 you'd gain you'd have gained GIBSON 411 11 Wilke Welkie GIBSON 411 22 so some of the to some of the GOULETTE 412 9
decommission the plants decommissioning the plants GIBSON 414 19 pre-file testimony pre-filed testimony GIBSON 415 8
One The second one CAPIK 415 9
till next year until next year CAPIK 415 12 at a from the CAPIK 415 16 on the on CAPIK 415 22 don't have didn't have GIBSON 422 6
and certainty uncertainty GIBSON 421 10 other plants other plans CAPIK 421 12 trust fund trust funds CAPIK 421 15 plants owned plant is owned CAPIK 421 16 corporation company CAPIK 423 24 term that was used them that I used CAPIK 424 7
within on standard within one standard CAPIK 428 2
For ISFSI For the ISFSI GIBSON 428 5
to 50 to Part 50 GIBSON 435 11 go the issue got the issue GIBSON 438 17 this may be some things these may be some things GIBSON 438 25 At risk
@RISK CAPIK 443 10 have changes have changed GIBSON 443 13 standard EPA set standards EPA set GIBSON 445 6
that s set that is set GIBSON 445 21 utility were utilities were CAPIK 448 1
a release that a risk that GIBSON 450 9
CLI22-8 CLI-22-08 GIBSON 453 17 conservatisms conservatism GIBSON 453 25 talk on tack on GOULETTE 454 18 DCE NDT GOULETTE 459 15 Wilke Welkie GIBSON 462 14 could defer could not defer GIBSON 463 5
type costs type of costs GOULETTE 473 2
decommissioning an irradiated decommissioning and irradiated GIBSON 474 20 50.92a(8)(iv) 50.82(a)(8)(iv)
GIBSON 476 13 Not that I aware Not that Im aware GOULETTE 477 20 Wilke Welkie GIBSON 487 15 correct constant CAPIK 488 6
Q&A QA CAPIK 489 13 Wilke Welkie GIBSON 491 11 of this Holtec sites of the Holtec sites GIBSON 499 5
Wilke Welkie GIBSON 503 7
that fact that our GIBSON 509 15 Allen Alan MOODY
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Entergy Nuclear Operations, Inc., Entergy
)
Docket Nos. 50-255-LT-2 Nuclear Palisades, LLC, Holtec
)
50-155-LT-2 International, and Holtec Decommissioning
)
72-007-LT International, LLC
)
72-043-LT-2 (Palisades Nuclear Plant & Big Rock Point) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the ORDER (Adopting Transcript Corrections and Closing Evidentiary Record) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Michael M. Gibson, Presiding Officer Michael.Gibson@nrc.gov Noel Johnson, Law Clerk noel.johnson@nrc.gov Emily Newman, Law Clerk emily.newman@nrc.gov Allison R. Wood, Law Clerk Allison.Wood@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-14A44 Washington, DC 20555-0001 David E. Roth, Esq.
Anita G. Naber, Esq.
Susan Vrahoretis, Esq.
Jeremy L. Wachutka, Esq.
Mary F. Woods, Esq.
Laura Shrum, Esq.
Brian Newell, Senior Paralegal Georgia Hampton, Paralegal david.roth@nrc.gov anita.ghoshnaber@nrc.gov susan.vrahoretis@nrc.gov jeremy.watchutka@nrc.gov mary.woods@nrc.gov laura.shrum@nrc.gov brian.newell@nrc.gov georgia.hampton@nrc.gov Michigan Department of Attorney General 525 W. Ottawa St.
Lansing, MI 48906 Michael Moody, Esq.
Amanda Churchill, Esq.
Joel King, Esq.
moodym2@michigan.gov churchilla1@michigan.gov kingj38@michigan.gov Counsel for Entergy Nuclear Operations, Inc Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036 Anne R. Leidich, Esq.
David R. Lewis, Esq.
anne.leidich@pillsburylaw.com david.lewis@pillsburylaw.com
Entergy Nuclear Operations, Inc, Holtec International (Palisades Nuclear Plant and Big Point Rock)
Docket No. 50-255-LT-2, 50-155-LT-2, 72-007-LT, 72-043-LT-2 ORDER (Adopting Transcript Corrections and Closing Evidentiary Record) 2 Susan H. Raimo, Esq.
Entergy Services, LLC 101 Constitution Avenue, N.W.
Washington, D.C. 20001 sraimo@entergy.com Counsel for Holtec International Balch & Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 Alan D. Lovett, Esq.
alovett@balch.com Dated at Rockville, Maryland this 27th day of February 2023 Counsel for Holtec International, Holtec Palisades, LLC and Holtec Decommissioning, LLC Balch & Bingham LLP 1901 6th Avenue North, Ste. 1500 Birmingham, AL 35203 Adam Israel, Esq.
aisreal@balch.com Environmental Law & Policy Center 35 E. Wacker Drive, Ste. 1600 Chicago, IL 60601 Michael J. Zoeller mzoeller@elpc.org Office of the Secretary of the Commission Clara I. Sola Digitally signed by Clara I.
Sola Date: 2023.02.27 16:05:09
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