[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