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1
 
April 13
, 2009
UNITED STATES OF AMERICA
 
NUCLEAR REGULATORY COMMISSION
 
Before the Atomic Safety and Licensing Board
 
 _____________________________________ 
 
In the Matter of
))
PROGRESS ENERGY FLORIDA
)
)
Docket Nos. 52
-0
29
COL
 )
52
-0
30
COL
 (
Levy County Nuclear Station
)
Units
1
&
2) )
 ____________________________________ )
 
RESPONSE TO PROGRESS ENERGY’S ANSWER OPPOSING NEW BASES FORCONTENTIONS 7 AND 8
BY
THE GREEN PARTY OF FLORIDA, THE ECOLOGYPARTY OF FLORIDA AND NUCLEAR INFORMATION AND RESOURCE SERVICE
 
Progress Energy (the applicant) asserts in its April 6
th
2009 filing that the
co
-p
etitioner’s March 17 response to the applicant’s answer (March 3 to the originalFebruary 6 Petition to Intervene
)
that Petitioners have introduced “new bases” for
contentions 7 and 8 contained in our Petition. Petitioners hold that the text in question is
merely a succinct, forceful restatement of the same points contained in contentions
7
and 8 of our
Petition
to Intervene
.
The
text is not an attack on regulation, but exactly the reverse. It should go
without saying that a plan presented in a COL application is designed to meet NRC
regulations. The statement in our March 17 filing:
 “The assumption is made that all dose limits in
10 CFR 20 and 50 will be met for
 
 
2
 
public releases and worker exposures…” is an affirmation of the intent of the applicantto meet those regulations. Petitioners however are pointing to the deficiency in the
application to account for extended and cumulativ
e
possession of wastes that could
impact its ability to meet those dose limits. We are withholding our attack on the limits
themselves precisely because we are intervening in a license proceeding. Because the
possession of these materials is not accounted
for, the statement in the March 17 filingis pointing to the fact that the
ability to meet these dose limits while in possession of this
accumulated waste is also not accounted for. This is not a new base for the contention.
The text of contention 7 clearl
y states that:
PEF’s environmental report does not address the environmental, environmental
 justice, health, safety, security or economic consequences that will result from
lack of permanent disposal for the radioactive wastes generated
Our reply is merely a restatement of the safety and health concern. Petitionersconcede that our concern for workers is reflexive. Since we do not at this time representany members who are workers
 – 
indeed the applicant does not currently have any
nuclear workers at t
he Levy County site
 – we stand corrected in expressing that
concern inside the pages of pleading in this intervention.
The applicant attempts to categorize our concerns as solely directed to
occupational exposure. This is in error, as the passage in question clearly states “publicreleases” as well as occupational exposure as our concern. Indeed, our combined
members who live, work, play and consume water and foods from the area could beimpacted differently by the accidental (or other) release of a 30 year accumulation of so
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