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Blue Ridge Environmental Defense League
BREDL Action Alerts


Public Meeting - Early Site Permit at North Anna Virginia

On February 8, 2007 the US Nuclear Regulatory Commission will hold a public meeting to take statements from the public. Any person may make a comment on the proposed nuclear power plant expansion including health and safety issues. It is important to attend this meeting or send written comments. The NRC meeting will be held in central Virginia at the Louisa County High School auditorium from 6:00 - 11:00 p.m.

Dominion Energy/Virginia Power submitted an application for a nuclear site permit in 2003 for two or more new nuclear plants at its North Anna facility. Much has happened since then, and this may be the last opportunity we have to express our opposition to the site permit.

For more information, visit our North Anna webpage

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The NRC notice below gives detauils on the procedure.




RAS 12827
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
ATOMIC SAFETY AND LICENSING BOARD
DOCKETED 01/05/07
Before Administrative Judges:
SERVED 01/05/07
Alex S. Karlin, Chairman
Dr. Thomas S. Elleman
Dr. Richard F. Cole
In the Matter of
DOMINION NUCLEAR NORTH ANNA, LLC
(Early Site Permit for North Anna ESP Site)
Docket No. 52-008-ESP
ASLBP No. 04-822-02-ESP
January 5, 2007
ORDER
(Notice of Opportunity To Make Oral or Written Limited Appearance Statements)
This proceeding concerns the September 25, 2003 application of Dominion Nuclear
North Anna, LLC for an early site permit (ESP) for the possible construction of two nuclear
power reactors on the site of two existing nuclear reactors in Mineral, Virginia.
This Atomic Safety and Licensing Board hereby gives notice that, pursuant to 10 C.F.R.
2.315(a), the Board will entertain oral limited appearance statements from members of the
public regarding the North Anna ESP application. The limited appearance statement session
will be held on February 8, 2007 from 6:00 PM to 11:00 PM EST at the Louisa County High
School auditorium, 757 Davis Highway, Mineral, Virginia 23117.
I. Background and Scope of Proceeding
The Nuclear Regulatory Commission (Commission) has defined an ESP as
“Commission approval... for a site or sites for one or more nuclear power facilities.” 10 C.F.R.
52.3(b). If an ESP application is approved, then, if the holder applies for a later construction
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permit, “the Commission shall treat as resolved those matters resolved in the proceeding on the
application for issuance or renewal of the early site permit.” 10 C.F.R. 52.39(a)(2). The North
Anna ESP application also includes a site redress plan, which, if approved, would allow the ESP
holder to prepare the site for construction of the plant, as long as the activities will not result in
any significant adverse environmental impact which cannot be redressed, and the applicant
commits to redress the site if a construction permit is not issued. 10 C.F.R. 52.25. See North
Anna ESP Application, Revision 9, 4-1-1 (September 2006). The applicant may not undertake
any other construction activities on the site, however, without having applied for and received a
construction or combined operating license from the NRC. 10 C.F.R. 52.3.
On December 2, 2003, the Commission published a notice of hearing with regard to
Dominion’s North Anna ESP application, notifying the public of the mandatory hearing on
certain uncontested safety and environmental issues, and of the right to petition for leave to
intervene to contest the application. 68 Fed. Reg. 67,489 (Dec. 2, 2003). On January 2, 2004,
Blue Ridge Environmental Defense League, Nuclear Information and Resource Service, and
Public Citizen filed a petition to intervene. The predecessor Board admitted two of the
Intervenors’ contentions. See Dominion Nuclear North Anna LLC (North Anna ESP), LBP-04-
18, 60 NRC 253, 274 (2004).
On January 13, 2006, Dominion submitted a supplement to its application, proposing to
change the cooling system for proposed Unit 3 and to increase the power level of each
proposed unit (Units 3 and 4) from 4300 MWt to 4500 MWt. As a consequence, the application
process was delayed by a year. The Staff issued a supplemental Final Safety Evaluation
Report (FSER) on November 15, 2006, and a supplemental Final Environmental Impact
Statement (FEIS) on December 14, 2006, addressing the changed application.
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Both of the admitted contentions were resolved, one by a settlement and the other by
summary disposition. Licensing Board Order (Approving Settlement and Dismissal of
Contention EC 3.3.4) (Jan. 6, 2005) (unpublished); Dominion Nuclear North Anna LLC (North
Anna ESP), LBP-06-24, 64 NRC (2006). This is now an uncontested proceeding mandated
by Section 189a(1)(A) of the Atomic Energy Act, 42 U.S.C. 2239(a)(1)(A), and 10 C.F.R.
52.21.
In an uncontested proceeding for an ESP, the Board must make findings on six issues.
See 68 Fed. Reg. 67,489, 67,489 (December 2, 2003). They are as follows:
1. Safety Issue 1: The Director of the Office of New Reactors (NRR) is obligated to
propose a finding as to whether issuance of the ESP will be inimical to the common defense
and security or to the health and safety of the public. The Board must decide whether the
application and the record of the proceeding contain sufficient information, and the review of
application by the NRC Staff has been adequate to support a finding that the issuance of the
ESP will NOT be inimical to the common defense and security or to the health and safety of the
public.
2. Safety Issue 2: The Director of NRR is obligated to propose a finding as to whether,
taking into consideration the site criteria contained in 10 C.F.R. Part 100, a reactor, or reactors,
having the characteristics that fall within the parameters for the site, can be constructed without
undue risk to the health and safety of the public. The Board must decide whether the
application and the record of the proceeding contain sufficient information, and the review of
application by the NRC Staff has been adequate to support a finding that, taking into
consideration the site criteria contained in 10 C.F.R. Part 100, a reactor, or reactors, having the
characteristics that fall within the parameters for the site, can be constructed without undue risk
to the health and safety of the public.
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3. NEPA Issue: The Director of NRR is obligated to propose a finding as to whether, in
accordance with the requirements of subpart A of 10 C.F.R. Part 51, the ESP should be issued
as proposed. The Board must decide whether the review conducted by the Commission
pursuant to NEPA has been adequate.
4. NEPA Baseline Issue 1: The Board must decide whether the requirements of Section
102(2)(A), (C) and (E) of NEPA and Subpart A of 10 C.F.R. Part 51 have been complied with in
the proceeding.
5. NEPA Baseline Issue 2: The Board must independently consider the final balance
among the conflicting factors contained in the record of the proceeding and must determine the
appropriate action to be taken.
6. NEPA Baseline Issue 3: The Board must determine, after considering reasonable
alternatives, whether the ESP should be issued, denied, or appropriately conditioned to protect
environmental values.
II. Notice of Limited Appearance Statement Session
A. Date, Time, and Location of Oral Limited Appearance Statement Session
The oral limited appearance statement session will be from 6:00 PM to 11:00 PM EST
on February 8, 2007, at the Louisa County High School auditorium, 757 Davis Highway,
Mineral, Virginia 23117.
B. Participation Guidelines for Oral Limited Appearance Statements
Any person who is not currently a party will be permitted to make an oral statement
setting forth his or her position on matters of concern related to this ESP application. The
jurisdiction of this Board and the scope of this proceeding is limited to the six issues, listed
above, that the Board must decide regarding the ESP application. Limited appearance
statements will be transcribed, but are not under oath or affirmation and do not constitute
testimony or evidence. The purpose of limited appearance statements is to allow members of
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the public to alert the Board and the parties to areas of concern relating to the ESP application
and to assist the Board in its consideration of the six issues.
Members of the public who plan to attend the limited appearance session are advised
that security measures may be employed at the entrance to the hearing facility, including
searches of hand-carried items such as briefcases or backpacks. Signs can be no larger than
18 inches by 18 inches and may not be attached to sticks, held up, or moved about in the
rooms. Policy Statement on Enhancing Public Participation in NRC Meetings, 67 Fed. Reg.
36,920, 36,923 (May 28, 2002).
In order to allow the maximum number of interested persons an opportunity to address
the Board, the time allotted for each oral limited appearance statement normally will be no more
than five minutes, and the allocated time may be further limited, depending on the number of
written requests to make an oral statement that are submitted in accordance with section C
below and/or the number of persons present at the designated time. At the outset of each
statement, the speaker should identify himself or herself and specify any affiliation (such as
employment, consultancy, or membership) with any of the parties.
C. Submitting a Request to Make an Oral Limited Appearance Statement
Persons who have submitted a timely written request to make an oral limited
appearance statement will be given priority over those who have not filed such a request or who
sign up to speak on the date of the session. To be considered timely, a written request to make
an oral statement must either be mailed, faxed, or sent by e-mail so as to be received by 5 p.m.
Eastern Daylight Time on Monday, February 5, 2007. Written requests to make an oral
statement should be submitted to:
Mail: Office of the Secretary, Rulemakings and Adjudications Staff
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
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E-mail: hearingdocket@nrc.gov.
In addition, using the same method of service, a copy of the written request to make an oral
statement should be sent to the Chairman of this Licensing Board as follows:
Mail: Alex S. Karlin, Chairman, c/o: Margaret Parish, Esq., Law Clerk
Atomic Safety and Licensing Board Panel
Mail Stop T-3 E2C, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555-0001.
Fax: (301) 415-5599 (verification (301) 415-6094).
E-mail: ksv@nrc.gov and map4@nrc.gov.
D. Written Limited Appearance Statements (In Lieu of Oral Statements)
A written limited appearance statement may be submitted to the Board regarding this
proceeding. Such statements should be submitted by April 19, 2007, and should be sent to the
Office of the Secretary using the methods prescribed above, with a copy to the Licensing Board
Chairman.
III. Availability of Documentary Information Regarding the Proceeding
Documents relating to this proceeding are available for public inspection at the
Commission's Public Document Room (One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852) or electronically from the publicly available records component of NRC's
Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic
Reading Room). 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 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.
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IV. Scheduling Information Updates
Any updated/revised scheduling information regarding the limited appearance session
can be found by calling (800) 368-5642 or (301) 415-8200 or on the NRC Web site at
http://www.nrc.gov/public-involve/public-meetings/index.cfm.
It is so ORDERED.
THE ATOMIC SAFETY
AND LICENSING BOARD
/RA/
Alex S. Karlin, Chairman
ADMINISTRATIVE JUDGE
Rockville, Maryland
January 5, 2007
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
DOMINION NUCLEAR ) Docket No. 52-008-ESP
NORTH ANNA, LLC )
)
(Early Site Permit for North Anna ESP Site) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing LB ORDER (NOTICE OF OPPORTUNITY TO
MAKE ORAL OR WRITTEN LIMITED APPEARANCE STATEMENTS) have been served upon
the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate
Adjudication
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Administrative Judge
Alex S. Karlin, Chair
Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Administrative Judge
Thomas S. Elleman
ASLBP
5207 Creedmoor Rd., Unit 101
Raleigh, NC 27612-6303
Administrative Judge
Richard F. Cole
Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Robert M. Weisman, Esq.
Patrick A. Moulding, Esq.
Brooke D. Poole, Esq.
Office of the General Counsel
Mail Stop - O-15 D21
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Diane Curran, Esq.
Harmon, Curran, Spielberg,
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600
Washington, DC 20036
David R. Lewis, Esq.
Robert B. Haemer, Esq.
Timothy J. V. Walsh, Esq.
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, NW
Washington, DC 20037
Lillian M. Cuoco, Esq.
Senior Counsel
Dominion Resources Services, Inc.
Rope Ferry Road
Waterford, CT 06385
2
Docket No. 52-008-ESP
LB ORDER (NOTICE OF OPPORTUNITY
TO MAKE ORAL OR WRITTEN LIMITED
APPEARANCE STATEMENTS)
Paul Gunter, Director
Reactor Watchdog Project
Nuclear Information and Resource Service
1424 16th St., NW, Suite 404
Washington, DC 20036
Michele Boyd
Public Citizen
215 Pennsylvania Ave., SE
Washington, DC 20003
Richard A. Parrish, Esq.
Morgan W. Butler, Esq.
Southern Environmental Law Center
201 West Main Street
Charlottesville, VA 22902
Margaret Parish, Esq.
Law Clerk
Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
[Original signed by Adria T. Byrdsong]
Office of the Secretary of the Commission
Dated at Rockville, Maryland,
this 5th day of January 2007