On August 3, TheBAYNET.com reported that a three-judge Atomic Safety and Licensing Board panel handling the hearing on the Calvert Cliffs 3 new reactor application had tossed out one of the three contentions admitted to the proceeding. The contentions were filed by the Nuclear Information and Resource Service, Beyond Nuclear, Public Citizen Energy Program and Southern Maryland Citizens' Alliance for Renewable Energy Solutions.

The disallowed contention at issue had to do with whether Constellation had adequately demonstrated its financial ability to decommission the plant at the end of its operational life. Constellation argued that it had shown how it would meet the applicable NRC criteria in one of its filings, and therefore the issue was moot. The ASLB panel agreed with that argument and dismissed the contention.

At the time there were two other contentions still being considered by the ASLB panel. Remaining before the Board were the legal issues that the NRC admitted in its ruling of March 24, concerning Contention 2: the timing of the financial test for a parent company guarantee of funds for decommissioning a nuclear power plant and Contention 3: dealing with the handling of spent nuclear fuel.

This week, the presidentially appointed Commission that oversees the NRC upheld the admission of the two remaining contentions in the hearing on the Calvert Cliffs 3 new reactor application. The ASLB panel had earlier admitted the contentions, which were jointly filed by the Nuclear Information and Resource Service, Beyond Nuclear, Public Citizen Energy Program, and Southern Maryland Citizens’ Alliance for Renewable Energy Solutions.

Constellation subsequently filed an appeal seeking to have the contentions tossed out, but the Commission has now rejected its arguments. A copy of the Commission's decision is attached.

When asked what the ruling meant, NRC Public Affairs Officer, Neil Shepherd stated, “It means a hearing on the contentions admitted will continue to move forward.”  Sheehan reiterated that one of the contentions deals with the issue of foreign ownership, i.e., the Constellation-EDF proposed merger. “The other [deals] with the disposal of radioactive waste that would be generated by the plant.”