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NUREG-0750, Vol. 73, Book I, Nuclear Regulatory Commission Issuances

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NUREG-0750, Vol. 73, Book I, Nuclear Regulatory Commission Issuances NUCLEAR REGULATORY COMMISSION ISSUANCES OPINIONS AND DECISIONS OF THE NUCLEAR REGULATORY COMMISSION WITH SELECTED ORDERS January 1, 2011 – March 31, 2011 Volume 73 Book I of II Pages 1 - 390 Prepared by the Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (301-415-0955) COMMISSIONERS Gregory B. Jaczko, Chairman Kristine L. Svinicki George Apostolakis William D. Magwood, IV William C. Ostendorff R. William Borchardt, Executive Director for Operations Stephen G. Burns, General Counsel E. Roy Hawkens, Chief Administrative Judge, Atomic Safety & Licensing Board Panel ii ATOMIC SAFETY AND LICENSING BOARD PANEL E. Roy Hawkens,* Chief Administrative Judge Thomas S. Moore,* Associate Chief Administrative Judge (Legal) Dr. Anthony J. Baratta,* Associate Chief Administrative Judge (Technical) Members Dr. Paul B. Abramson Dr. Thomas J. Hirons Dr. William H. Reed Dr. Gary S. Arnold* Dr. James F. Jackson Alan S. Rosenthal Dr. Mark O. Barnett Dr. Jeffrey D.E. Jeffries Lester S. Rubenstein G. Paul Bollwerk, III* Alex S. Karlin* Paul S. Ryerson* Dr. William C. Burnett Dr. William E. Kastenberg Dr. William W. Sager Dr. Randall J. Charbeneau Dr. Charles N. Kelber Dr. David R. Schink Dr. Richard F. Cole* Dr. Michael F. Kennedy* Ronald M. Spritzer* Michael C. Farrar* Dr. Kaye D. Lathrop Dr. Michael G. Stevenson Dr. Larry Foulke Dr. R. Bruce Matthews Nicholas G. Trikouros* William J. Froehlich* Lawrence G. McDade* Dr. Nicholas Tsoulfanidis Dr. Michael O. Garcia Dr. Alice C. Mignerey Dr. Richard E. Wardwell* Michael M. Gibson* Dr. Kenneth L. Mossman Dr. Craig M. White Brian K. Hajek Dr. William M. Murphy Ann M. Young* Dr. Yassin A. Hassan Dr. Frederick W. Oliver * Full-time panel members iii PREFACE This is Book I of the seventy-third volume of issuances (1–390) of the Nuclear Regulatory Commission and its Atomic Safety and Licensing Boards, Administrative Law Judges, and Office Directors. It covers the period from January 1, 2011, to March 31, 2011. Book II covers the period from April 1, 2011 to June 30, 2011. Atomic Safety and Licensing Boards are authorized by Section 191 of the Atomic Energy Act of 1954. These Boards, comprised of three members, conduct adjudicatory hearings on applications to construct and operate nuclear power plants and related facilities and issue initial decisions which, subject to internal review and appellate procedures, become the final Commission action with respect to those applications. Boards are drawn from the Atomic Safety and Licensing Board Panel, comprised of lawyers, nuclear physicists and engineers, environmentalists, chemists, and economists. The Atomic Energy Commission (AEC) first established Licensing Boards in 1962 and the Panel in 1967. Between 1969 and 1990, the AEC authorized Atomic Safety and Licensing Appeal Boards to exercise the authority and perform the review functions which would otherwise have been exercised and performed by the Commission in facility licensing proceedings. In 1972, that Commission created an Appeal Panel, from which were drawn the Appeal Boards assigned to each licensing proceeding. The functions performed by both Appeal Boards and Licensing Boards were transferred from the AEC to the Nuclear Regulatory Commission by the Energy Reorganization Act of 1974. Appeal Boards represented the final level in the administrative adjudicatory process to which parties could appeal. Parties, however, were permitted to seek discretionary Commission review of certain board rulings. The Commission also could decide to review, on its own motion, various decisions or actions of Appeal Boards. On June 29, 1990, however, the Commission voted to abolish the Atomic Safety and Licensing Appeal Panel, and the Panel ceased to exist as of June 30, 1991. Since then, the Commission itself reviews Licensing Board and other adjudicatory decisions, as a matter of discretion. See 56 FR 29403 (1991). The Commission also may appoint Administrative Law Judges pursuant to the Administrative Procedure Act, who preside over proceedings as directed by the Commission. The hardbound edition of the Nuclear Regulatory Commission Issuances is a final compilation of the monthly issuances. It includes all of the legal precedents for the agency within a six-month period. Any opinions, decisions, denials, memoranda and orders of the Commission inadvertently omitted from the monthly softbounds and any corrections submitted by the NRC legal staff to the printed softbound issuances are contained in the hardbound edition. Cross references in the text and indexes are to the NRCI page numbers which are the same as the page numbers in this publication. Issuances are referred to as follows: Commission (CLI), Atomic Safety and Licensing Boards (LBP), Administrative Law Judges (ALJ), Directors' Decisions (DD), and Decisions on Petitions for Rulemaking (DPRM). The summaries and headnotes preceding the opinions reported herein are not to be deemed a part of those opinions or to have any independent legal significance. v Available from Superintendent of Documents U.S. Government Printing Office Mail Stop SSOP Washington, DC 20402-0001 A year's subscription consists of 12 softbound issues, 4 indexes, and 2-4 hardbound editions for this publication. Single copies of this publication are available from National Technical Information Service Springfield, VA 22161-0002 Errors in this publication may be reported to the Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (301-415-0955) CONTENTS Issuances of the Nuclear Regulatory Commission ENTERGY NUCLEAR OPERATIONS, INC. (Vermont Yankee Nuclear Power Station) Docket 50-271-LR Memorandum and Order, CLI-11-2, March 10, 2011 . 333 ENTERGY NUCLEAR VERMONT YANKEE, LLC (Vermont Yankee Nuclear Power Station) Docket 50-271-LR Memorandum and Order, CLI-11-2, March 10, 2011 . 333 PETITION FOR RULEMAKING TO AMEND 10 C.F.R. § 54.17(c) Docket PRM-54-6 Memorandum and Order, CLI-11-1, January 24, 2011 . 1 Issuances of the Atomic Safety and Licensing Boards DAVID GEISEN Docket IA-05-052 Memorandum and Order, LBP-11-8, March 10, 2011 . 349 FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Plant, Units 6 and 7) Dockets 52-040-COL, 52-041-COL Memorandum and Order, LBP-11-6, February 28, 2011 . 149 LUMINANT GENERATION COMPANY, LLC (Comanche Peak Nuclear Power Plant, Units 3 and 4) Dockets 52-034-COL, 52-035-COL Memorandum and Order, LBP-11-4, February 24, 2011 . 91 MATTINGLY TESTING SERVICES, INC. (Molt and Billings, Montana) Docket 30-20836-EA Memorandum and Order, LBP-11-3, February 22, 2011 . 81 NEXTERA ENERGY SEABROOK, LLC (Seabrook Station, Unit 1) Docket 50-443-LR Memorandum and Order, LBP-11-2, February 15, 2011 . 28 NUCLEAR INNOVATION NORTH AMERICA LLC (South Texas Project, Units 3 and 4) Dockets 52-12-COL, 52-13-COL Memorandum and Order, LBP-11-7, February 28, 2011 . 254 vii PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1 and 2) Dockets 50-275-LR, 50-323-LR Memorandum and Order, LBP-11-5, February 25, 2011 . 131 PROGRESS ENERGY FLORIDA, INC. (Levy County Nuclear Power Plant, Units 1 and 2) Dockets 52-029-COL, 52-030-COL Memorandum and Order, LBP-11-1, February 2, 2011 . 19 Issuances of Director’s Decisions ENTERGY NUCLEAR OPERATIONS, INC. (Vermont Yankee Nuclear Power Station) Docket 50-271 Director’s Decision, DD-11-1, January 27, 2011 . 7 Director’s Decision, DD-11-3, March 11, 2011 . 375 ENTERGY NUCLEAR VERMONT YANKEE, LLC (Vermont Yankee Nuclear Power Station) Docket 50-271 Director’s Decision, DD-11-1, January 27, 2011 . 7 Director’s Decision, DD-11-3, March 11, 2011 . 375 FIRSTENERGY NUCLEAR OPERATING COMPANY (Davis-Besse Nuclear Power Station, Unit 1) Docket No. 50-346 Director’s Decision, DD-11-2, February 15, 2011 . 323 Indexes CaseNameIndex...............................................I-1 LegalCitationsIndex............................................I-3 Cases ......................................................I-3 Regulations ................................................I-47 Statutes....................................................I-73 Others.....................................................I-77 SubjectIndex .................................................I-79 Facility Index . I-177 viii Cite as 73 NRC 1 (2011) CLI-11-1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS: Gregory B. Jaczko, Chairman Kristine L. Svinicki George Apostolakis William D. Magwood, IV William C. Ostendorff In the Matter of Docket No. PRM-54-6 PETITION FOR RULEMAKING TO AMEND 10 C.F.R. § 54.17(c) January 24, 2011 COMMISSIONER: SUPERVISORY AUTHORITY; ABEYANCE OF PROCEEDING Even absent an express provision authorizing such relief, the Commission has occasionally considered requests to suspend proceedings or hold them in abeyance in the exercise of its inherent supervisory powers over proceedings. ABEYANCE OF PROCEEDING: DELAY OF PROCEEDING Longstanding practice of the Commission has been to limit orders delaying proceedings to the duration and scope necessary to promote the Commission’s dual goals of public safety and timely adjudication. ABEYANCE OF PROCEEDING: DELAY OF PROCEEDING Absent extraordinary cause, the Commission seldom interrupts licensing re- views or adjudications — particularly by an indefinite or very lengthy stay — pending the outcome of other Commission actions or adjudications. 1 ABEYANCE OF PROCEEDING: DELAY OF PROCEEDING Suspension of licensing proceedings is a drastic action that is not warranted absent immediate threats to public health and safety.
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