Free Response to Motion - District Court of Federal Claims - federal

Big Rock Point DecommissioningDocument 68-38 Case 1:02-cv-01894-EJD

Filed 12/20/2004

Page 1 of 13

Page t ol 3

Big Rock Point Plant & Facilities

Decommissioning NewsMediaContacts

August 29, 1997, was the last day that Consumers Energy's Big RockPoint nuclear plant generated electricity. Theplant's 35 years of operation made Big RockPoint the longest-running nuclear powerplant in the United States. Consumers Energy closed Big Rock simply due to economics.In a deregulated utility environment, the small size of the plant was likely to makecontinued operation uneconomical. Consumers Energy is taking the plant through a complex process called decommissioning and site restoration. Thegoal is to return the site to a natural, greenstate. Facts About Big Rock Big RockPoint is near Charlevoix, Michiganon a 580-acre site bordering Lake Michigan. The plant began generating electricity on December 8, 1962, makingit the world's first high-power-densityboiling water reactor and the fifth commercialnuclear power plant in the U.S. Dueto its many contributions to the nuclear and medical conmaunities, the plant was named a Nuclear Historical Landmark 1991. in Back ~ Top Big Rock:Vital Statistics o Reactor Type: Boiling Water o Capacity: 67 megawatts o Reactor Weight: 120 tons o Reactor Height: 30 feet o Reactor Width: 9 feet ° Construction: Steel walls five and a half inches thick o Fuel Core: 84 bundles containing morethan 10 tons of slightly enriched uranium oxide pellets. Eachbundle contained 117 fuel rods. (A fuel rod is a long tube holding a six-foot stack of uraniumoxide pellets whichis the fuel for the nuclear reactor. Fuel rods are assembledinto bundles called fuel elements or fuel assemblies, which are loadedindividually into the reactor.) A single load of fuel at Big RockPoint could generate the sameamount electricity of as burning 260,000 tons of coall

The Decommissioning Plan for Big Rock Point

http://wvo,v.consumers energy.com/Print/print.asp?SS I ID=I 58

503

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 2 of 13

In September 1993, Consumers Energy formed a 12-memberteam with the year-long task of compiling a decommissioning plan. This plan contained an estimate of decommissioning costs and helped determine future plans for the employeesand facility. As part of the plan, the company conducteda numberof studies that included focus on the environment, spent fuel storage, and low-level radioactive waste disposal. These actions were completedand the plan was submitted to the U.S. Nuclear Regulatory Commission (NRC). What does decommissioning a nuclear power plant mean? Consumers Energy has chosen the decommissioning option of immediate dismantlement. Underthis option, the plant will be taken apart and all low-level radioactive components shipped to a nuclear wastedisposal site over the next six years. The Economics The Michigan Public Service Commission(MPSC)has approved a small surcharge from Consumers Energy customers to pay for decommissioningand site restoration. These funds, plus the ensuing growth of investment funds, should be sufficient to completethe decommissioning the plant. Periodic updates will be submitted to the MPSC their of for review and approval. Backto Top Yucca Mountain The Nuclear Waste Policy Act of 1982 requires the U.S. Departmentof Energy (DOE)to provide a central storage facility for used fuel from the nation's nuclear powerplants. In fact, commercial nuclear plants in the United States are required by law to contract with flae federal government for the disposal of used nuclear fuel. Congressionalapproval of YuccaMountain,Nev., as the site of a permanentrepository was signed into law by President George W. Bush on July 23, 2002, but the facility is not expected to be ready until 2010 at the earliest. Because the DOE missed its first deadline of openinga storage site by Jan. 31, 1998, Big RockPoint opted for dry fuel storageat the site.

Dry Fuel Storage Dry fuel storage involves removingused fuel from a temporary storage pool -- where water acts as a natural coolant, absorbing heat from the rods -- and placing it inside specially designedstorage containers. Thespent fuel is hermetically sealed within each container's internal steel canister. Wrapped aroundthe canister is a 32.5-inch thick steel and concrete jacket. No water is involved in this process, and there are no pumps,valves or other moving parts. Thefuel is naturally cooled by air flowing through vents in the container's outermostlayer. Theair never comes into contact with the fuel. The container's robust design protects against radiation leakage and extremeconditions, including floods, fires and tornadoes with winds up to 360 miles per hour.

http://w~w,v.consumersenergy.con]/Print/print.asp?SSIID=I 58 504

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 3 of 13

Employees loaded the first fuel bundle into dry storage in November 2002. The last fuel bundle was loaded into container number7 on March 4, 2003. Employees then began the painstaking task of moving empty' fuel racks and other equipment search the spent fuel pool for any loose fuel pellets. None to were found, and the pool was officially declared fuel free on March21. The project was completedMay2 after employeesmovedcontainer number8, loaded with non-fuel items, to the storage pad. Theeight containers stand in a secure, fenced and monitoredlocation on the plant site awaiting eventual removalto a permanent federal storage facility. The End Result Consumers Energy and Big Rock Point employeeshave always taken great pride in their environmental awareness. The decommissioningand site restoration of Big Rock Point will reclaim the land onceusedfor a nuclear plant and restore it to a greenfield. For more information, contact us at [email protected]. Back ~ Top Back to Electric Operations Main Page

http://www.consumersenergy.con~Print/print.asp?SS 1 ID=I 58 505

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 4 of 13

ANS> Public Information > Resources Glossary of Terms > Special Topics Radiation DoseChart Glossa~ Frequently Asked Questions Multimedia A-B-C-D .E.F,G-H-I-J .K.L-M,N,O-P,Q.R,S.T-U,V-W,X-Y,Z

A

(b_a

Acid rain Rain (or snow)that contains an abnormal amount acid resulting from high atmospheric of concentrations carbon, of sulfur, or nitrogenoxides.Acid rain is often attributed to burning of fuels. Actinide Element with atomic number 90 through 103; includes uraniumandplutonium. of Activation analysis Form scientific investigation where chemical of the makeup different materialsis figured ou of bombarding with neutronsor other types of radiation. This produces them radioactive atoms off specific ~ypes radiation, andthis radiation revealswhattypesof elements of (qualitative) quantity are in the samples. AESJ AtomicEnergySociety of Japan. Alpha particle Positively charged particle emitted in radioacUve decayof unstableatoms.Analpha is made two neutronsand two protons (a helium atomnucleus)and is thus heavier andslower movin other decayemissions.Alphaparticles can be stopped quite easily. They cannotpenetratea paper the dead or outer layer of our skin. ANS Amedcan Nuclear Society. Atom Basic component matter. Anatomis the smallest part of an element of havingall the chemic properties of that element.Anatomconsists of a nucleus (that contains protonsandneutron surrounding electrons. Atoms for peace Aninitiative signedby PresidentEisenhower 1954to allow the peacefulusesof atomicen in be availableto other nations.

Pubfic Information Newsand Events Position Statements NuclearMatters Teachers and Students Teacher Workshops Ask an Expert Nuclear Careers more>> Media NewsReleases News Updates for Journalists

NuclearProfessionals Communication Toolldt Speakers Bureau

B
Backupsafety system Safety system will go into operation the first-line safetysystem that if fails.

(b_a

Baffles Tiles inside the cooling towerof a nuclearpower plant that slowthe rate of waterflow endpr areafor cooling. A Ool~en Anniversary Goiden Opportunities Becquerel (Bq) Measure the rate of decayof a radioactive substance. Bq is 1 disintegration per seco of One human body has thousands disintegrations from the presence potassium-40. of of Beta particle Negativelycharged particle (an electron) emittedin radioactive decay unstableatoms,A of moves faster than an alpha and can be stoppedby a thin piece of aluminum a short span or Blomass Organicsubstances that can be tamed into energyproducingfuel, suchas trees, plants, othe and organic wastes. Biosphere Portion of the earth's surfaceandatmosphere supportslife. that

http://www.ans.org/pi/resources/glossary/ 506

Case 1:02-cv-01894-EJD

ANS: Publlc ln/bnnation

: Resources

Document 68-38

: (51ossary

of Terms

Filed 12/20/2004

Page Page 5 of 1311

of 14

Radioactivity Spontaneous emissionof radiation from the unstablenucleusof an atom, Radiography Useof ionizing radiation to produceshadow images a photographic on film. Some the gain of X-rayspassthroughan item beingevaluatedwhile others are partially or completely absorbe moreopaque parts of the item andcast a shadow the photographic on film. Radioisotope - Radioactiveisotope Radlonucltde Anyspeciesof an atom that is radioactive. A genericwordusedto replaceradioisotope, whic limited to oneelement. Radlotoxlcity Thetoxicity to human cells caused absorptionof high dosesof radioactive substances. by M chemicals toxic or poisons high doses. are at Radium Radioactivemetallic element, discoveredby Pierre and Madame in 1898, with an atom Cude number 88 andatomicweightof 226. its symbolis Ra. of Radon Heavy, natural, radioactive gas formed the radioactive decayof radium,a decayproducto by uranium, atomicnumber 86 andits atomicweightis 222. its symbol Rn. its is is rad Basicunit of absorbed of ionizing radiation. dose RCA RegionalCooperativeAgreement research, development, training; sponsored IAE for and by Reactor Part of a nuclear power plant where neutrons produce fission chain reaction. a Reclamation Restoration a useful condition. to Recycling A term made popular in the environmental movement reuse materials that otherwise would to discarded waste,Within the nuclearindustry, it is a synonym reprocessing as for spent (used Regulate Change adjust to agreewith a standard rule. or or Regulation Maintenance standardsof performance of through rules. rem (Roentgen equivalentman),a unit usedin radiation protection to measure amount dam the of human tissue from a dose of ionizing radiation. An average Amedcan receives about 0.300 r radiationper year. Renewable Able to be replaced. TheSun's energyis a renewable energysource. Repository Storage facility for high-level nuclearwaste. Reprocessing The mechanical chemicalprocessingof spent nuclear fuel to separateuseableproducts and uranium plutonium)from wastematedal(Le., fission products). As time progresses, and is currently definedas "waste" will likely find commercial applications. Rlsk assessment Science studying the amount risk associated of of with doingsomething. Roentgen Unit of exposure ionizing radiation. to Rubidium Soft, silver-white, metallic element. atomicnumber 37 andits atomicweightis 85.47.its Its is is Rb. S (b_a

http:/A~v.ans.org/pi/resources/glossary/ 507

BSA

Case 1:02-cv-01894-EJD Document 68-38 Filed 12/20/2004 Page Yankee Atomic Electric v U.S Nos.:98-126C, 98-154C, 98-474C August2,2004 6 of 13 XMAX(111)
Page 3378 Page 3380

Page 3381 PROCEEDIRGS

Io
Heritage Reporting Corporation

508

Page 3378 to Page 3381

3SA

Case 1:02-cv-01894-EJD Document 68-38 Yankee Atomic Electric v U.S Nos.:98-126C,
Page 3450 Yes,they do, Andwhatdo those tepods ~eyrepresentIhe viewsand posil[ons the M&O con~acloro~ those ~ssues. Are Iheserepealsdeliverables undertheir Y~, ~ey are,

98-154C,12/20/2004 Filed 98-474C August2,2004 Page

7 of 13 XMAX(I~ttg}

Page 3452 (1} lrom a businessstandpointas a businessjudgment that

NO,they hal are By acce~fing ~po~, ~e doesDOE accept

slatem~n~ m~d~by ~e Deponent same ~n

Page ~ 345 areas. Q Thank you. Mr, Kouls. are you lamillar with the termreceipt tale? A Yes, I am.

Page 3453

capabifi~- additional ~p~b~i~ ~ in

~amillat w~the variousdesig~tha~

wasa barefu~l handlingstorage

storage devices.

11
Heritage Report{rig Corporation Page 3450 to Page 3453

509

Case 1:02-cv-01894-EJD
YankeeAtomicEleotriovU.S Page 3454 254? MS. SULLIVAN: May I approach, Your Hono~ THE ~OURT:Sure. Yes. MS.SULLIVAN: Your Honor, wou~d you like a copy? THECOURT: can use this. t MS. SULLIVAN: Okay. BY MS. SULLIVAN: O Mr. Kouls, what's beenput up on the screen andI provided you e papercopyof hasbeenmzzrked as Plaintiffs' Exh~it254.Doyourecognize this document? A Yes, ldo.

Document 68-38
Nos.:98-126C, 98-154C,

Filed 12/20/2004
98-474C

Page 8 of 13

(8) (9) (10) (11) (12) (13)

August2,2004 Page 3455 (1) an understanding to whatthe source thoserates as of (2) was? (3) A Yes. (4) MR. STOUCK: Your Honor, can I Interpose an (5) objectionfor the recordhere.I don't mean to in (e} inlerrupl unduly.Bu{Mr. Koul9wasdisclosed the (7) government's witness I~st to teslify about topics. two (8) AndI just wantto make record on that. Andwecan a tater. f~rst one, (9} dealwith the consequences The plans to begin wastea¢ceplance 2010. tn (10) DOE's (11} second the fact that the Yucca was Mountain repositoly (12} is not being designed accept GTCC to waste. (13) 80I Just wanled havethat onthe record, to (14) And, ag~tn, wecandeatwithquesgonsabButwhether (15) this is beyond ooce seeIf It ties up. that we you (15) MS. SULLIVAN: Would like meto address 07~ that, YourHonor? (18) THECOURT: you wish. If {19) MS, SULUVAN: shall [ just continue? Or Honor, tables specllically tn th[8 chart are the (20) Your (21) the onesthat Dr. Graves Mr. Graves or relied upon. (~) Mr. Koutshassome testimonywebelieve is importanL (23) SO believe was I it raised Plaintiffs' case. in (24) Andalso, further questions will make clear (?.5) it's tied in part to the2010 date.

Page 3457 THECOURT: Okay. Go forward. (1) MS. SULLIVAN: Thank you, Your Honor. (2) (3) BY MS. SULLIVAN: (4) O Mr. Kouls, what was - do you have an what (5) understanding the sourceof the rales werefor (6) the facilities that were forth in this document? set A Yes. (7) (8) Q And what was your understanding?

Page 3454 to Page 3457

5]0

Heritage

Reporting

Corporation

Case 1:02-cv-01894-EJD
(I) (2) (2} (4) (5) {6} (7) (8) (9) (lO) (11) (12) (13} (14} (15) (16) (17} (le) (19) (20) (21) (22) (23) (24) (2:3)

Document 68-38
98-126C,

Filed 12/20/2004
98-154C,

Page 9 of 13

Yankee Atomic Electric v U.S Nee.: Page3458 storage facili~ at, ~olentlaltyin Nevada, lo next where Yucca {he Mountain site ts right nosy.Andthere werealso other optionsin termsof where {hat [aeility couldbedeployed. Q How wasthe centralized interim storage fecl]i~y different from{he MRS designed DOE {he by tn eady'50s - in the 198gsandeady'90s? A In {he mid-'eOs,wewereIo~kfng af a fac~it~ {hat hadagrea{ deal more capab~]iiy. It wasone{hat basically hadpackaging capability that wouldassent[oily dosome {he packag{hg a of {hal reposito~typically would havedone. tt also hadrod consottdafion. also had I| {he {]ex~ili~y fo develop disposal-ready canisters lor anyof {he three sges that wewere considering al {hat time, whichwere basallsite in Hanford, {he Washing{hn,tuff silo, t-u- f- f, volcanic site {he tug {h Nevada, also {he DeafSmithbedded slte in and salt Texas. QWas facility, the centralized interim the storage faculty set forth on {his page ever constnJcled? A No,it was not. Q Whynot? and A Tr~e legislation wasneverpassed the

(1) (e) (3) (4) (53 (6} (?) (e} (9) (~0) waste? (1~) A Yes. rad[oaclive (1L~ Q Do you understand{hal GTCC (13) wasteis generated commercial by nuclearu~lities? (14) A Yes. (15) Q Is GTCC radioact~#e wasteone of the waste w~l fo (16} materials{ha~ DOE acceptpursuant the (17) standardcontract? (le) A No. (19} Q Is DOE designing {he repositor~ to accept radioactive wastegeneratedby commercial nuclear (co) GTCC (21)facilities? (22.) A No, Iris noL Q Could DOE accept GTCC radioactive waste al (e3} (24} {he repository? (25} A Theorelicallyit could. II would require, I

98-474C August 2, 2004 Page 3460 A Therehave beenvarious considerations on CapitolHill as Io initiatives {h~t would Homeland use Security funds10eeeenliel[yfundIhe reactors put Io {heir - {h~pool- {he materials {hat they'renow managing the pools, {he h[gh-level waslemalaria[s, {h Ihe spentfuel {nlo dry storagecasks,andundertake thatiniliative. Q Mr. Kouls, are youfamiliar with {he mateda{known G~ealerThanClass C radioacgve as

(1} (2) (3) (4) (~ (6) (7) (e) (9} (15} (11) (~2} (13) (14) (15} (16) {17) (18) (19) (20) (21) (22) (23) (24) (as}

Page 3459 Depadmen[ neverreceived anyauthorizations proceed il. on Q Could{here be a similar congressional inilialive todaythal would ~lowor mandate acceptance spentnuclearfuel prior to 2010? o{ A if Congress passed that legislation, {hen {he Department would authorized10 implement be it, yes. Q Are you awareel {he spent nuclear (uel storageissue {hat arosein connection with {he NRC's budgeUast year? A Yes, lam. Q Andwhat was{he iniliagve discussed in that budgetsubmission? A I believe the~e wasa set amount lends of {ha| wassupposed be distributed fromthe Nuclear to Regulalory Commission budgetto {he National Academy el Sciences,where {hey wereto undertake look aHhe th~ safety, if youwfll, of fuet fhal's currently storedin spentfuel pools, at reaclors, and also that's in d~slorageat reaclor sites, andIo providethe Academy's viewson the safety el both ~ypee e~erage of mechan[srns. Q Do you have an understanding as to what ini~ialivescouldresul~ fromthls

Page 3461 (1) believe, a change legislation Io allow less {hen (n

13
Heritage Reporting Corporation Page 3458 to Page 3461

Case 1:02-cv-01894-EJD
~st~ YankeeAtom|cElectriavU,S Page 3462 the rr~tedals. (~) materials, high-levelw~ate (s) Aedas such, wewouldnot wantto reduceIhe

Document 68-38
Nos.:98-126C, 98-154C,

Filed 12/20/2004
98-474C August2,2004

Page 10 of 13
XM~X(22~Z~)

(2) Let mealso eddwe're in the planningon

(5) filling up the reposilo~ anykind of m~tedafs. wi~ (5) It's be~n theorizedin ~e past wewouldtake W#re planningon doing ~at. ~at's not pa~ of not (9) the current pla~ th demonsirate the Nuclear Io

(la}

A Yes.

(1) (2) (3) (4) (5} (a) (7~ (B) (aJ (10) (~1) (12} (13)

Page 3463 leadhimla the explanation. MS. SULUVAN; He's provided somereasons. I think there are some other reasons, I'm helping and him~ THECOURT: record relfects that - you The may answer question,1'11 overrule objeolion. the the MS. SULLIVAN: Thank you, Your Honor. THEWITNESS: Okay. AS simplislica[ly - my senseis, frommyunde~slanding what's in Greaier of Than ClassC Iow4evel waste,l don't think wecould just simply thesematerials backlill or in pu[ in vadous spaces the ddfls, II youwill, the In underground tunneL% youwit], In the repesilory, if

Page ~465 stalemenls, as wehad 1o look at (1) environmenlaHmpact (2) reasonably foreseeable allemativas, whatwedid (3) analyzeendessentially take thesematerials andpui (4) themin these packages evaluate them palt of and as (5) the EISprocess. (6) ~at wa~~e option we [ook becausei( was (7)expedienl, andwe~dnlwanltoexpendanyadditional of (B] analytical work.II waskied of an outerbound (9) whatwemight do. (10) THECOURT: Woutdthai solve the fee problem you tee (11) too, because coutd chargethe same as SNF? THEWI~ESS:~at might he~pwi~ the fee. (12) would hawto look a~ you know,~hat amuun[ new of (13) We

(~)

Page 3462 to Page 3465

5 ].2

Heritage

Reporting

Corporation

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 11 of 13

ENERGYAND WATERDEVELOPMENT A-PPROPB[AT[ONS BILL, 2004

submit.tad the following REPORT

513

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 12 of 13

I30 DO~ headquurtar~ $7,774,000 for Technlca] Informa~on Managemeat; and SI,020,000 for Energy Re,earth Analyses. The raqu~ For pro~m d~e~tion [er field a~c~ w~ reduced by $3,720,000 and ~he ~ount~ransferred to the Safeguards and Security line. ~c control lcveIfer fiscal year 2004 is at the pr~am a~aune level of Science Program Direction. F~DING ADJU~MENTS ~e C~mmittee rcco~endation includes an offse~ of S4,383.000 ~or the safe~ards and s~curity charge for reimbu~able work, ~ ~r~p~ed in the budget request. A general reduction of S1,00O,0O0 as been applied ~o the Science accounL

19 514

Case 1:02-cv-01894-EJD

Document 68-38

Filed 12/20/2004

Page 13 of 13

CERTIFICATE OF FILING I hereby certify that on this 20th day of December 2004, a copy of foregoing "DEFENDANT'S RESPONSE TO CONSUMER ENERGY COMPANY'S MOTION FOR SUMMARY JUDGMENT CONTRACT ON LIABILITY" was filed electronically. I understand

that notice of this filing will be sent to all parties by operationof the Court'selectronic filing system. Parties mayaccess this filing through the Court's system.

s/HaroldD.Lester. Jr.