ML103550057

Motion by Friends of the Coast and New England Coalition for Leave to Rely to NRC Staff Objections: Nextera Energy Seabook, LLC, Response in Opposition to the Friends of the Coast and New England Coalition Supplement to Its Petition

ML103550057
Person / Time
Site:	Seabrook
Issue date:	12/20/2010
From:	Shadis R Friends of the Coast, New England Coalition
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML103550055	List: ML103550056 ML103550057 ML103550058
References
RAS 19273, 50-443-LR, ASLBP 10-906-02-LR-BD01
Download: ML103550057 (5)

Text

December 20, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-443-LR NextEra Energy Seabrook, LLC ASLBP No. 10-906-02-LR-BD01 (Seabrook Nuclear Station, Unit 1)

MOTION BY FRIENDS OF THE COAST AND NEW ENGLAND COALITION FOR LEAVE TO REPLY TO NRC STAFF OBJECTIONS; NEXTERA ENERGY SEABROOK, LLC. RESPONSE IN OPPOSITION TO THE FRIENDS OF THE COAST AND NEW ENGLAND COALITION SUPPLEMENT TO ITS PETITION Submitted by:

Raymond Shadis Pro se Representative Friends of the Coast New England Coalition

December 20, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-443-LR NextEra Energy Seabrook, LLC ASLBP No. 10-906-02-LR (Seabrook Nuclear Station, Unit 1)

MOTION BY FRIENDS OF THE COAST AND NEW ENGLAND COALITION FOR LEAVE TO REPLY TO NRC STAFFS OBJECTIONS AND NEXTERA/

SEABROOK, LLCS RESPONSE IN OPPOSITION TO THE FRIENDS OF THE COAST AND NEW ENGLAND COALITION SUPPLEMENT TO ITS PETITION Friends of the Coast and New England Coalition (collectively, Friends/NEC) hereby respectfully moves for (requests) leave to reply to the NRC Staffs Objections To The Friends Of The Coast And New England Coalitions Supplement and NextEra/ Seabrook, LLCs Response In Opposition To The Friends Of The Coast And New England Coalition Supplement To Its Petition.

(I) MOTION FOR LEAVE TO REPLY IS NECESSARY This Motion for Leave to Reply is necessary because the Boards permission (leave) to file a reply is required.

(A) The Commissions regulations do not contemplate the filing of replies under the present circumstances, that is, in reply to objections. Even if, for the sake of argument, Friends/NECs Petition Supplement, the submittal of a corrected declaration and transmittal of material new information, were taken as a petition amendment, there is no provision for reply absent permission of the presiding officer, as under 10 C.F.R. § 2.323(c).

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(B) The Board did not provide an opportunity for the filing of replies when scheduling resubmission of the Declaration of Paul Blanch and opportunity for objections.

(II) UNFORESEEABLE AND COMPELLING CIRCUMSTANCES - Leave to Reply should be granted because, Friends/NEC respectfully submits, this case presents the type of unforeseeable and compelling circumstances which warrant a reply. More than that, NRC Staff and NextEra strenuous objections and wide-raging arguments jeopardize the heart of Friend/NECs case and with it the hearing rights of Friends/NEC members and constituents, who are rightly concerned about significant safety and environmental issues embodied in the proffered contentions. Simple fairness calls for an opportunity to reply.

(A) Friends/NEC could not have anticipated NRC Staff and NextEras over-the-top comparison of submitting a corrected Declaration in compliance with the boards order as analogous to filing a Reply; and therefore is suggesting that rules and case-law for replies should provide the parameters in this instance.

(B) Friends/NEC might have anticipated objections to corrections involving clarification, but could not reasonably have anticipated that such corrections would be taken as major substantive changes or taken as attempts to cure the contentions (which remain unchanged).

(C) Friends/NEC has had its motives and integrity questioned without basis, without requisite proffer of evidence or reason. Permitted to go unanswered, that is, condoned, this kind of litigation can only have a chilling effect on the exercise of citizens hearing rights.

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(D) Friends/NEC could not have foreseen that NextEra and NRC Staff would cast aside their ethical responsibilities by selectively quoting the rules, precedent, and the prehearing conference transcript in order to impeach Friends/NECs good faith efforts at performing its duty to obey the Boards directives and assist in building a good record by providing material new information as required.

(E) Friends/NEC could not have foreseen, as set forth in the Friends/NEC Reply, the deliberate, unconscionable distortions and self-serving interpretation cast by NRC Staff and NextEra on Friends/NEC statements and representations, and those of its witness, Mr. Paul Blanch. NextEras and NRC Staffs arguments are blatantly, highly, and impermissibly colored and at the least, a reply to them should be allowed.

(F) NextEra does not limit itself to objections to the type, quality, or quantity of individual corrections, but once rolling, rolls on to attack, again, Mr. Blanches statements and the individual contentions on both their basis and their merits!

(G) NextEra exceeds all reasonable expectation by calling for the dismissal of Mr.

Blanchs declaration in its entirety; surely a compelling circumstance requiring reply.

(III) CONCLUSION - Absent striking the Objections and Opposition entirely for all of the good reasons above, then for all of the same reasons a Reply really should be allowed.

In keeping with ordinary practice, and with respect for NRCs goals of an orderly and timely proceeding, Friends/NEC has attached its proposed Reply for the Board to consider without delay if it grants the Motion, or reject if it does not.

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(IV) CERTIFICATE OF COUNSEL Pro Se Representative for Friends/NEC hereby certifies that in conformance with 10 C.F.R. §2.323, Friends/NEC made a sincere attempt to obtain the consent of NextEra and NRC Staff to the filing of the foregoing Motion for Leave to Reply and by extension the attached Reply, but consent was denied.

Respectfully submitted, Signed electronically, Raymond Shadis Raymond Shadis Pro se representative Friends of the Coast New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 Shadis@prexar.com 5