ML091040305
| ML091040305 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 04/14/2009 |
| From: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| To: | Northern States Power Co, Atomic Safety and Licensing Board Panel, Prairie Island Indian Community |
| SECY RAS | |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 3346 | |
| Download: ML091040305 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Northern States Power Co. (formerly Nuclear Management Company, LLC)
(Prairie Island Nuclear Generating Plant, Units 1 and 2)
Docket Nos. 50-282-LR and 50-306-LR
ASLBP No. 08-871-01-LR-BD01
April 14, 2009 ORDER (Approving Settlement and Dismissal of Contentions 1, 6, and 11)
On April 3, 2009, pursuant to 10 C.F.R. § 2.338(i), Northern States Power Company (NSPM), a Minnesota corporation, and the Prairie Island Indian Community (PIIC) (collectively, the Parties) filed a joint motion with this Atomic Safety and Licensing Board (the Board) seeking approval of a settlement of Contention 1, Contention 6, and Contention 11.
1 Based on this settlement, the Parties seek dismissal of these three Contentions. The Parties represent that the NRC Staff has reviewed, supports, and consents to the joint motion and settlement. On December 5, 2008, the Board admitted seven Contentions submitted by the PIIC, including Contentions 1, 6, and 11.
2 Contention 1 related to the discussion of historic and archaeological resources in the Environmental Report (ER). Contention 6 alleged that the License Renewal Application (LRA) failed to include a plan to manage aging of containment 1 Joint Motion for Approval of Settlement and Dismissal of PIIC Contentions 1, 6, and 11 (April 3, 2009) [hereinafter Joint Motion].
2 See Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC
__ (Dec. 5, 2008).
coatings. Contention 11 alleged that the LRA did not provide sufficient details of the aging management program for flow accelerated corrosion. On March 4, 2009, NSPM filed an amendment to its ER, which augments the ER's discussion of the archaeological, historical, and cultural resources within and around the Prairie Island Nuclear Generating Plant site and provides additional information about NSPM actions to identify and protect such resources. NSPM has committed to retaining the services of a qualified archaeologist to be "responsible for evaluating any cultural artifacts inadvertently discovered during construction."
3 NSPM has committed to revising the procedure for protection of cultural resources to include training for the Site Environmental Coordinator, to identify sensitive areas, and to include additional information to facilitate identification of artifacts.
4 Additionally, NSPM has committed to performing additional field surveys to better identify areas potentially requiring protection.
5 A copy of the ER amendment was attached to the motion as Exhibit A. On March 12, 2009, NSPM filed a supplement to its LRA, which addresses the deficiencies alleged in Contentions 6 and 11. This supplement provides an aging management program for containment coatings, which uses inspections and corrective actions to manage surface coatings.
6 This program, combined with previously performed calculations, is intended to ensure that coatings could not clog containment sump strainers in the event of a Loss of Coolant Accident.
7 The supplement also expands the description of the flow accelerated corrosion program to address all ten aging management program elements and makes explicit 3 Revised ER Section 4.16.1.
4 Id. 5 Revised ER Section 4.16.2.
6 Revised LRA Section B2.1.41.
7 Id.
the program's consistency with the Generic Aging Lessons Learned (GALL) Report.
8 A copy of the LRA supplement was attached to the joint motion as Exhibit B. Following these additions to the ER and LRA, PIIC agreed to withdraw Contentions 1, 6, and 11, provided that both Parties comply with the terms to which they have agreed. A settlement agreement, attached to the joint motion as Exhibit C in accordance with 10 C.F.R. § 2.338(g), set forth this understanding. Accordingly, the Parties requested that the Board approve this settlement and dismiss Contention 1, Contention 6, and Contention 11. The joint motion states that [d]ismissal of these Contentions is in the public interest because NSPM has taken actions to address the PIIC's concerns, and because the Commission encourages settlement of contested issues in licensing proceedings. 10 C.F.R. § 2.338. As required by 10 C.F.R. § 2.338(g), a proposed consent order is provided as Exhibit D.9 PIIC's counsel authorized NSPM to file the joint motion on its behalf. As required by 10 C.F.R. § 2.323(b), counsel for NSPM certified that he consulted with the other parties before filing this motion, and did so with the support of all parties. Section 2.338(h) provides a list of the required contents of a settlement agreement. We find that the proposed agreement includes all the required components. Consistent with 8 Revised LRA Section B2.1.17; see also NUREG-1801, Generic Aging Lessons Learned Report, Rev. 1 (Sept. 2005).
9 Joint Motion at 2.
Commission policy to encourage resolution of contested issues in licensing proceedings through settlement, we find dismissal in the public interest. Pursuant to our authority under 10 C.F.R. § 2.338(i), we grant the joint motion and dismiss Contentions 1, 6, and 11. It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/ ________________________ William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
/RA/ ________________________ Dr. Gary S. Arnold ADMINISTRATIVE JUDGE
/RA/ ________________________
Dr. Thomas J. Hirons ADMINISTRATIVE JUDGE Rockville, Maryland April 14, 2009 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
NORTHERN STATES POWER COMPANY )
)
) Docket Nos. 50-282-LR
) 50-306-LR (Prairie Island Nuclear Generating Plant, ) Units 1 and 2) ) )
(License Renewal) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the for egoing LB ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTIONS 1, 6, AND 11) have been served upon the following persons
by Electronic Information Exchange.
Office of Commission Appellate
Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission
Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. Atomic Safety and Licensing Board Panel
Mail Stop T-3F23 Washington, DC 20555-0001
Administrative Judge William J. Froehlich, Chairman E-mail: wjf1@nrc.gov Administrative Judge Gary S. Arnold E-mail: gxa1@nrc.gov
Administrative Judge Thomas J. Hirons
E-mail: thomas.hirons@nrc.gov
Matthew Rotman, Law Clerk
E-mail: mfr1@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel
Mail Stop O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.
Beth Mizuno, Esq.
David Roth, Esq.
Brian G. Harris, Esq.
Maxwell Smith, Esq.
Brian Newell E-mail: elw2@nrc.gov bnm1@nrc.gov der@nrc.gov brian.harris@nrc.gov maxwell.smith@nrc.gov bpn1@nrc.gov
OGC Mail Center :
OGCMailCenter@nrc.gov
2 DOCKET NOS. 50-282 AND 50-306-LR LB ORDER (APPROVING SETTLEMENT AND DISMISSAL OF CONTENTIONS 1, 6, AND 11)
Xcel Energy Services, Inc.
414 Nicollet Mall
Minneapolis, Minnesota 55401 Peter M. Glass, Counsel for Nuclear Management Company, LLC E-mail: peter.m.glass@xcelenergy.com
Prairie Island Indian Community
5636 Sturgeon Lake Road Welch, Minnesota 55089
Philip R. Mahowald, Esq.
E-mail: pmahowald@piic.org Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP
2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Stefanie M. Nelson, Esq.
Alison M. Crane, Esq.
Jason B. Parker, Esq.
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com stefanie.nelson@pillsburylaw.com alison.crane@pillsburylaw.com jason.parker@pillsburylaw.com
[Original signed by Evangeline S. Ngbea] Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 14 th day of April 2009