UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION

Similar documents
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ) ) ) ) ) ) )

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board * * * * *

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

UNITED STATES OF AMERICA U.S. NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

) In the Matter of ) ) LOUISIANA ENERGY SERVICES, L.P. ) Docket No ML ) (National Enrichment Facility ) ) CLI MEMORANDUM AND ORDER

Pursuant to the NRC's rulemaking process, I'm writing to submit a petition for rulemaking.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

Case 1:16-cv TSC Document 9 Filed 09/20/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) )

May 7, Dear Representative:

REPORT OF THE NUCLEAR REGULATION COMMITTEE

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

UM 1824 Oregon Investigation into PacifiCorp s Oregon-Specific Cost Allocation Issues

Congressional Districts Potentially Affected by Shipments to Yucca Mountain, Nevada

REPORT OF THE NUCLEAR REGULATION SUBCOMMITTEE

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISION BEFORE THE COMMISSION

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION. Before the Commission

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING MOTION FOR ADMISSION PRO HAC VICE

ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case: 1:11-cv Document #: 49 Filed: 08/21/12 Page 1 of 11 PageID #:1179 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Eliminate Funding for DOE s Plutonium Fuel (MOX) Program, Support Plutonium Immobilization

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

NUCLEAR REGULATORY COMMISSION. [Docket Nos and ; NRC ] Exelon Generation Company, LLC

Nuclear waste transportation. Lessons from 9/11/2001 applicable to nuclear waste transportation program planning, security, and emergency response.

IN THE MATTER OF: MAHS Docket No.: Case Type: Issued and entered this 6 TH day of June, 2016 by: Kevin Scully Administrative Law Judge

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

Case 1:14-cv Document 1 Filed 03/20/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Case No.

OFFICE OF THE STATE ENGINEER DIVISION OF WATER RIGHTS STATE OF UTAH

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD. Before Administrative Judges:

Jenna R. DiFrancesco Burns White LLC Pittsburgh, Pennsylvania 1. Due to recent technological developments, the production of natural gas in the United

ACTION: License amendment application; notice of opportunity to comment, request a

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Exelon Generation Company, LLC; Peach Bottom Atomic Power Station, Units 2. ACTION: Intent to conduct scoping process and prepare environmental impact

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY. CLEAN WATER ACTION COUNCIL OF NORTHEAST WISCONSIN P.O. Box 9144 Green Bay, WI 54308;

July 31, Dear Mr. Griffith:

EDDY-LEA/HOLTEC HI-STORE Facility Project for a Centralized Interim Storage Facility

1995 Settlement Agreement

ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) ) ) ) ) ) ) ) ) ) ) )

No IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. SIERRA CLUB; and VIRGINIA WILDERNESS COMMITTEE,

IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Case 2:15-cv JCC Document 28 Filed 04/06/18 Page 1 of 9

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

No IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

NUCLEAR REGULATORY COMMISSION. [Docket Nos and EA ; NRC ] In the Matter of Energy Northwest; Columbia Generating Station

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Defendant.

STORAGE FIELD, SMITH COUNTY, MISSISSIPPI. ' buptrviso

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Governors of the States of Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, Docket No.

Re: Clearwater Creek Hydroelectric Project, FERC Project No

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

NOW COMES Sierra Club, by and through undersigned counsel, pursuant to

Convention on Early Notification of a Nuclear Accident

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD. Before Administrative Judges:

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

NUCLEAR REGULATORY COMMISSION. [Docket Nos and ; NRC ] Southern Nuclear Operating Company, Inc.

Through intervention, Applicants seek a fair opportunity to question whether the

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL. Before the Licensing Board:

John R Liskey Attorney At Law 921 N. Washington Ave Lansing, MI (voice) (fax)

Case Doc 169 Filed 02/14/18 Page 1 of 8. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division. Chapter 11 Debtor.

The Current Status of Nuclear Waste Issues, Policy, and Legislative Developments

mg Doc 1481 Filed 08/24/12 Entered 08/24/12 12:54:13 Main Document Pg 1 of 2

Current Status for U.S. Nuclear Waste Policy

NOTICE OF PRESENTMENT OF STIPULATION AND AGREED ORDER WITHDRAWING PROOF OF CLAIM NUMBER 2535 (MICHAEL J. FITZGERALD)

NUCLEAR REGULATORY COMMISSION. [Docket Nos , , , ; NRC ]

September 3, 19. Sincerely, /s/ Chester Poslusny, Senior Project Manager Project Directorate 1-2 Division of Reactor Projects - I/Il

ORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO

July 11, Via Hand Delivery. Lora W. Johnson, CMC Clerk of Council Room 1E09, City Hall 1300 Perdido Street New Orleans, LA 70112

("Petitioner") requesting authority to use the Byrd Salt Dome in Greene County, Mississippi

May 29, Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Highway Lansing, MI 48917

Case: swd Doc #:288 Filed: 01/18/13 Page 1 of 7 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ) ) ) ) ) )

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD. Before Administrative Judges:

^ with the Board and that the Board has full jurisdiction of the

UNITED STATES OF AMERICA U.S. NUCLEAR REGULATORY COMMISSION

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

IN THE SUPREME COURT OF THE STATE OF OREGON CA A

State Regulatory Authority Over Nuclear Waste Facilities

DOCKET UM 1182: In the Matter of an Investigation Regarding Competitive Bidding

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ENTERED Office of Proceedings April 19, 2016 Part of Public Record

BEFORE THE SURFACE TRANSPORTATION BOARD. Finance Docket No

RECEIVED by MSC 3/13/2019 4:50:29 PM

Case 1:12-cv RBW Document 44-1 Filed 01/29/14 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

PUBLIC NOTICE FINAL ISSUANCE OF A REVOCATION OF INFECTIOUS WASTE TRANSPORTER REGISTRATION CERTIFICATE

March 8, Re: DOCKET REFERENCE NO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Northern Division GREAT LAKES EXPLORATION GROUP LLC

These consolidated petitions involve orders of the U.S. Nuclear Regulatory

Model Public Water, Public Justice Act

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

P. 0. BOX Lansing, MI

No THE SUPREME COURT OF WASHINGTON AIRPORT COMMUNITIES COALITION, Petitioner, THE PORT OF SEATTLE, a municipal corporation,

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) )

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

Transcription:

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of NUCLEAR MANAGEMENT COMPANY PALISADES NUCLEAR GENERATING STATION Regarding the Renewal of Facility Operating License No. DPR-20 for a 20-Year Period Docket No. 50-255-LR June 22, 2006 NOTICE OF PERTINENT NEW CASE LAW AFFECTING PROCEEDING; REQUEST FOR REDRAFT OF EIS, ADDITIONAL COMMENT PERIOD, AND FOR NEW PERIOD FOR RECEIPT OF CONTENTIONS ON TERRORISM Now come Don t Waste Michigan, West Michigan Environmental Action Council (WMEAC, the Citizens Action Coalition of Indiana; Canadian Coalition for Nuclear Responsibility/Regroupement pour la surveillance du nucléaire; Citizens for Alternatives to Chemical Contamination; Citizens Resistance at Fermi Two (CRAFT; Citizens for Renewable Energy; Huron Environmental Activist League; Clean Water Action; Home for Peace and Justice; Great Lakes United; Nuclear Information and Resource Service (NIRS, IHM Justice, Peace and Sustainability Office; Indigenous Environmental Network (IEN; International Institute of Concern for Public Health; Lone Tree Council; Kalamazoo River Protection Association; Michigan Citizens for Water Conservation; Michigan Land Trustees; Michigan Environmental Council; Michigan Interfaith Climate and Energy Campaign/Voices for Earth Justice; National Environmental Trust; Nuclear Energy Information Service (NEIS; Nuclear- Free Great Lakes Campaign; Nuclear Policy Research Institute; Nukewatch; Radiological Evaluation & Action Project, Great Lakes; Sierra Club, Mackinac (Michigan Chapter; and Van -1-

Buren County Greens, all public interest participants in either the adjudicatory or environmental impact statement components of this license extension proceeding, by and through counsel, and bring to the Commission s attention the recently-decided case of San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission (Ninth Circuit, No. 03-74628, June 2, 2006 (copy attached. The aforementioned participants submitted extensive formal draft EIS commentary statements on May 18, 2006 to the NRC as part of the proceedings for the renewal of the operating license for Palisades Nuclear Power Plant. Moreover, some of these same participants were formal petitioner-intervenors in the license extension adjudication previously convened in this case who submitted, on August 8, 2005, a contention on terrorism and Palisades 1 in the license adjudicatory phase 2 which was abandoned due to insufficient resources and because of the NRC s formal policy of refusing to consider the environmental effects of terrorism activity at regulated facilities such as Palisades.. However, now the only court to scrutinize the NRC s policy prohibiting consideration of terrorism potential at regulated facilities has struck it down. The Ninth Circuit in San Luis Obispo Mothers, supra. ruled that the National Environmental Policy Act ( NEPA requires the 1 From Request for Hearing and Petition to Intervene submitted by Nuclear Information and Resource Service (hereinafter NIRS, West Michigan Environmental Action Council (hereinafter WMEAC, Don t Waste Michigan (hereinafter DWM, the Green Party of Van Buren County (hereinafter Green Party, the Michigan Land Trustees and numerous individual intervenors, Contention 11, p. 9: 11. Threats of terrorist attack and sabotage against the Palisades nuclear power plant. Located on the shoreline of Lake Michigan, the source of drinking water, fish, recreation, and other economic value to tens of millions of people downstream, Palisades represents a target for potentially catastrophic terrorist attack or sabotage intended to release large amounts of radioactivity into the Great Lakes basin. Palisades represents a radioactive bull's eye on the shore of 20% of the planet's surface fresh water, the Great Lakes. The operating reactor (containing many billions of curies of radioactivity and high-level waste storage pool (containing tens to hundreds of millions of curies are vulnerable to such attack, as are the outdoor dry storage casks, so highly visible stored in plain sight. 2 ASLBP No. 05-842-03-LR -2-

Nuclear Regulatory Commission ( NRC to consider such effects at individual facilities and, at least, to accept comments and information from the public on the issue. The opinion concludes that it is unreasonable for the NRC to categorically dismiss the possibility of terrorist attack. Despite the NRC prohibition on consideration of terrorism concerns in NEPA proceedings, the aforementioned Intervenors did submit, as part of their May 18 filing, extensive critiques of preparedness at Palisades, see section entitled Inadequate Security at Palisades is an Unacceptable Risk in previously-submitted comments document. The aforementioned participants respectfully request that the NRC consider San Luis Obispo Mothers as controlling precedent and that the decision be applied directly to all aspects of this license extension proceeding. Specifically, the Intervenors request that the Commission fulfill its legal obligation, pursuant to San Luis Obispo Mothers, to complete a NEPA analysis of the potential environmental effects of various terrorist attack scenarios upon the Palisades Nuclear Power Plant, that such analysis be included in a revised draft EIS ( DEIS, and that the revised DEIS be obligatorily exposed to public comment in an extended or re-opened public comment period. Further, they request that a new prospective deadline be established for receipt and adjudication of proposed contentions related to the issue of terrorism and Palisades in the licensing extension proceeding so that they may re-submit their former contention #11 and any other contentions pertinent to this issue. Respectfully submitted for the aforementioned parties, /s/ Terry J. Lodge Terry Lodge, Esq. Ohio Sup. Ct. #0029271 316 N. Michigan St., Ste. 520 Toledo, OH 43624-1627 (419 255-7552 Fax (419 255-5852 -3-

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NUCLEAR MANAGEMENT Docket No. 50-255-LR COMPANY, LLC (Palisades Nuclear Plant CERTIFICATE OF SERVICE I hereby certify that copies of the NOTICE OF PERTINENT NEW CASE LAW AFFECTING PROCEEDING; REQUEST FOR REDRAFT OF EIS, ADDITIONAL COMMENT PERIOD, AND FOR NEW PERIOD FOR RECEIPT OF CONTENTIONS ON TERRORISM in the above-captioned proceeding have been served on the following through deposit in the U.S. mail, first class with copies by electronic mail, as indicated by an asterisk, or otherwise by electronic mail alone on this 22nd day of June, 2006: NRC Commissioners Diaz, Merrifield, McGaffigan, Jaczko, and Lyons c/o Office of the Secretary* Attn: Annette Vietti-Cook Washington, DC 20555-0001 (E-mail: secy@nrc.gov Chief, Rules Review and Directives Branch* Mail Stop T6-D59 Washington, DC 20555-0001 Paul Gunter Nuclear Information & Resource Service 1424 16 th Street, NW Suite 404 Washington, DC 20036 (E-mail: pgunter@nirs.org Chuck Jordan Chairman Green Party of Van Buren County 50521 34 th Avenue Bangor, MI 49013 (E-mail: jordanc@btc-bci.com Alice Hirt Western Michigan Environmental Action Council 1415 Wealthy Street, SE Suite 280 Grand Rapids, MI 49506 (E-mail: alicehirt@charter.net Michael Keegan Co-Chair Don t Waste Michigan 2213 Riverside Drive, NE Grand Rapids, MI 49505 (E-mail: mkeeganj@comcast.net David R. Lewis, Esq.* Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, N.W. Washington, DC 20037-1128 (E-mail: david.lewis@pillsburylaw.com Jonathan Rogoff, Esq. Vice President, Counsel, & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 (E-mail: jonathan.rogoff@nmcco.com Susan Uttal, Esq.* Office of the General Counsel Mail Stop: O-15D21-4-

Washington, D.C. 20555 (E-mail Address: slu@nrc.gov /s/ Terry J. Lodge Terry J. Lodge -5-