[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31123-31125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13899]


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NUCLEAR REGULATORY COMMISSION


Atomic Safety and Licensing Board

Before Administrative Judges: Ronald M. Spritzer, Chairman, Nicholas 
G. Trikouros, Dr. Sekazi K. Mtingwa

    In the Matter of NEXTERA ENERGY SEABROOK, LLC, (Seabrook 
Station, Unit 1).

Docket No. 50-443-LA-2

ASLBP No. 17-953-02-LA-BD01

June 25, 2019

Notice of Hearing

(Notice of Evidentiary Hearing and Opportunity To Provide Oral and 
Written Limited Appearance Statements)

    Pursuant to 10 CFR 2.312, the Atomic Safety and Licensing Board 
(Board) hereby provides notice that it will convene an evidentiary 
session to receive testimony and exhibits in the contested portion of 
this proceeding. In addition, the Board gives notice that, in 
accordance with 10 CFR 2.315(a), it will entertain oral and written 
limited appearance statements from members of the public in connection 
with this proceeding.

I. Background of Proceeding

    This proceeding arises from a license amendment request (LAR) filed 
by NextEra Energy Seabrook, LLC (NextEra),\1\ concerning the operating 
license for Seabrook Station, Unit 1 (Seabrook), located in Seabrook, 
New Hampshire. The LAR sought to revise the Unit 1 Updated Final Safety 
Analysis Report (UFSAR) to include methods for analyzing the impact of 
concrete degradation caused by an alkali-silica reaction (ASR) 
affecting Seismic Category I reinforced concrete structures.\2\ The LAR 
includes a monitoring program comprised of: (1) ``Periodic measurement 
of ASR expansion'' (ASR Expansion Monitoring); and (2) ``periodic 
inspections of ASR-affected structures to identify and trend building 
deformation'' (Structural Deformation Monitoring).\3\ C-10 Research and 
Education Foundation (C-10) filed a petition challenging the LAR, which 
included ten contentions.\4\
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    \1\ License Amendment Request 16-03, Revise Current Licensing 
Basis to Adopt a Methodology for the Analysis of Seismic Category I 
Structures with Concrete Affected by Alkali-Silica Reaction, 1-3 of 
73 (unnumbered) (Aug. 1, 2016) (ADAMS Accession No. ML16216A240) 
[hereinafter Original LAR].
    NextEra supplemented the Original LAR on September 30, 2016, 
(ADAMS Accession No. ML16279A048), October 3, 2017 (ADAMS Accession 
No. ML17277A337), October 17, 2017 (ADAMS Accession No. 
ML17291B136), December 11, 2017 (ADAMS Accession No. ML17345A641), 
and June 7, 2018 (ADAMS Accession No. ML18158A540). Collectively, 
the Original LAR and all supplements, plus all enclosures and 
attachments constitute the ``LAR.''
    \2\ See Original LAR Enclosure 7, ``NextEra Energy Seabrook's 
Evaluation of the Proposed Change (Non-Proprietary),'' (unnumbered) 
(undated) at p. 7 of 73.
    \3\ Original LAR Sec.  3.5.
    \4\ C-10 Research and Education Foundation, Inc. Petition for 
Leave to Intervene: Nuclear Regulatory Commission Docket No. 50-443 
at 2-3 (April 10, 2017).
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    In LBP-17-7, the Board concluded that C-10 had standing and 
admitted five contentions, three of which it narrowed from C-10's 
original proposal.\5\ The Board reformulated the contentions into a 
single contention, finding that the reformulated contention met the 
NRC's admissibility requirements.\6\ The contention the Board 
admitted--comprised of Contentions A, B, C, D, and H--is as follows:
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    \5\ LBP-17-7, 86 NRC 59, 68 (2017).
    \6\ Id. at 89-90.
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    The large-scale test program, undertaken for NextEra at the 
[Ferguson Structural Engineering Laboratory], has yielded data that are 
not ``representative'' of the progression of ASR at Seabrook. As a 
result, the proposed monitoring, acceptance criteria, and inspection 
intervals are not adequate.\7\
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    \7\ Id. at 90. The Board concluded that C-10's other contentions 
were inadmissible. Id. at 131-37.
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II. Matters To Be Considered

    The evidentiary hearing will concern the Board's single 
reformulated contention. Each element of the reformulated contention 
relates to C-10's central challenge to the representative nature of the 
large-scale test program conducted at the Ferguson

[[Page 31124]]

Structural Engineering Laboratory (FSEL). The test program, along with 
available scientific literature, forms the basis of the license 
amendment request submitted by NextEra that accounts for the effects of 
ASR in the design basis of seismic Category I reinforced concrete 
structures at Seabrook.

III. Date, Time, and Location for Evidentiary Hearing

    The evidentiary hearing will commence on the following date at the 
specified location and time:
    Date: Tuesday, September 24, 2019.
    Time: 9:30 a.m. to 5:30 p.m., EDT.
    Location: Newburyport City Hall Auditorium, 60 Pleasant Street, 
Newburyport, MA 01950.
    The hearing will continue from day-to-day through Friday, September 
27, 2019, if necessary.
    Members of the public and representatives of the media are welcome 
to attend and observe this evidentiary hearing, which will involve 
technical, scientific, and legal questions and testimony. Participation 
in the hearing will be limited to the parties, their lawyers, and 
witnesses. Please be aware that security measures may be employed at 
the entrance to the facility, including searches of hand-carried items 
such as briefcases or backpacks. No signs, banners, posters, or other 
displays will be permitted in the facility.\8\
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    \8\ See Procedures for Providing Security Support for NRC Public 
Meetings/Hearings, 66 FR 31,719 (June 12, 2001) [hereinafter Meeting 
Security Guidelines].
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IV. Date, Time, and Location of Oral Limited Appearance Statement 
Session

    One oral limited appearance statement session regarding this 
evidentiary hearing proceeding will be held on the following date at 
the specified location and time:
    Date: Monday, September 23, 2019.
    Time: 6:00 p.m. to 8:00 p.m., EDT.
    Location: Newburyport City Hall Auditorium, 60 Pleasant Street, 
Newburyport, MA 01950.
    As required by NRC policy, signs, banners, posters, and displays 
not larger than 18 inches by 18 inches will be permitted at the oral 
limited appearance statement session, but may not be waved or held over 
one's head. Any sign, banner, poster or display affixed to a stick, or 
similar device, will not be permitted at the oral limited appearance 
statement session.\9\
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    \9\ See Meeting Security Guidelines.
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    All individuals attending the oral limited appearance statement 
session are advised that security measures may be employed at the 
entrance to the facility. All individuals attending the oral limited 
appearance statement session should bring at least one form of 
government issued photo identification, refrain from bringing any 
unnecessary hand-carried items that might need to be examined 
individually, and allow sufficient time for security screening.

V. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party or representative of a party to the 
proceeding will be permitted to make an oral statement on a matter of 
concern related to the proceeding. Though these statements do not 
constitute testimony or evidence, they nonetheless may aid the Board 
and/or the parties in their consideration of the issues involved in the 
evidentiary hearing.
    Oral limited appearance statements will be entertained during the 
hours specified above. In the event that all scheduled and unscheduled 
speakers present at the session have made a presentation, the Board 
reserves the right to terminate the session prior to the ending time 
listed above.
    The time allotted for each limited appearance statement will be 
five minutes, but may be further limited depending on the number of 
requests to make an oral statement that are submitted in accordance 
with section VI below.

VI. Submitting a Request To Make an Oral Limited Apperance Statement

    Although a request to make an oral limited appearance statement may 
be submitted either prior to or at the limited appearance session, 
those who have submitted timely written requests before the limited 
appearance session will be given priority over those who have not filed 
such requests. To be considered timely, a written request to make an 
oral statement must either be mailed, faxed, or sent by email so as to 
be received by 5:00 p.m. EDT on Friday, September 13, 2019.
    Written requests to make an oral statement should be submitted to:
    Mail: Molly Mattison, Law Clerk, Atomic Safety and Licensing Board 
Panel, Mail Stop T3 A 27, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    Fax: (301) 415-5206 (verification (301) 415-0181).
    Email: [email protected].

VII. Submitting Written Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person not a party or a 
representative of a party to the proceeding may submit a written 
statement setting forth his or her position on matters of concern 
related to the proceeding. A written limited appearance statement may 
be submitted at any time and should be sent to the Office of the 
Secretary and the Licensing Board Chairman using one of the methods 
prescribed below:

Office of the Secretary

    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1677).
    Email: [email protected].

Chairman of the Licensing Board

    Mail: Administrative Judge Ronald M. Spritzer, Chairman, Atomic 
Safety and Licensing Board Panel, Mail Stop T3 A 27, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5206 (verification (301) 415-0181).
    Email: [email protected].

VIII. Availability of Documents

    NextEra's application, and various NRC Staff documents relating to 
the application, are available on the NRC website at https://www.nrc.gov/info-finder/reactors/seab1.html. These and other documents 
relating to this proceeding are available for public inspection at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 or 
electronically from the publicly-available records component of the 
NRC's document system (ADAMS). ADAMS is accessible from the NRC website 
at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading 
Room).\10\ Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC Public Document Room reference staff by telephone at (800) 397-4209 
or (301) 415-4737 (available between 8:00 a.m. and 4:00 p.m. Eastern 
Time, Monday through Friday except federal holidays), or by email to 
[email protected].
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    \10\ Documents which are determined to contain sensitive or 
proprietary information may only be available in redacted form. All 
non-sensitive documents are available in their complete form.

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    It is so ordered.

    For the Atomic Safety and Licensing Board. Rockville, Maryland.


[[Page 31125]]


    June 25, 2019.
Ronald M. Spritzer,
Chairman, Administrative Judge.
[FR Doc. 2019-13899 Filed 6-27-19; 8:45 am]
 BILLING CODE 7590-01-P