ML110680108
| ML110680108 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/09/2011 |
| From: | Paul Ryerson Atomic Safety and Licensing Board Panel |
| To: | Friends of the Coast, New England Coalition |
| SECY RAS | |
| References | |
| 50-443-LR, ASLBP 10-906-02-LR-BD01, RAS 19764 | |
| Download: ML110680108 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Paul S. Ryerson, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket No. 50-443-LR NEXTERA ENERGY SEABROOK, LLC ASLBP No. 10-906-02-LR-BD01 (Seabrook Station, Unit 1) March 9, 2011 ORDER (Denying Extension Request and Denying Motion for Leave to File for Reconsideration)
On February 26, 2011, Friends of the Coast and the New England Coalition (collectively, Friends/NEC) moved for leave to file for reconsideration of this Boards memorandum and order of February 15, 2011, insofar as it denied admission of Friends/NEC Contention 3 and portions of Contention 4.1 Following a practice they established with both their original petition to intervene2 and their reply,3 Friends/NEC accompanied their motion (which was due February 1
Friends of the Coast and New England Coalition, Inc. Motion for Leave to File for Reconsideration of Memorandum and Order LBP-11-02 (Feb. 26, 2011) at 1.
2 Friends of the Coast and New England Coalition Petition for Leave to Intervene, Request for Hearing, and Admission of Contentions (Oct. 21, 2010).
3 Friends of the Coast and New England Coalition Reply to NextEra and NRC Staff Answers to Friends of the Coast and New England Coalition Petition for Leave to Intervene, Request for Hearing, and Admission of Contentions (Nov. 23, 2010).
25, 2011) with yet a third request for a retroactive extension of time.4 On February 28, 2011, Friends/NEC also submitted an addenda to their extension request, purporting to cure their failure to consult with the other parties before filing the request.5 On March 7, 2011, the applicant, NextEra Energy Seabrook, LLC (NextEra), and the NRC Staff filed timely oppositions.6 Pursuant to 10 C.F.R. § 2.323(e), motions for reconsideration require a showing of compelling circumstances, such as the existence of a clear and material error in a decision, which could not have reasonably been anticipated, that renders the decision invalid.
Reconsideration should be an extraordinary action and should not be used as an opportunity to reargue facts and rationales which were (or should have been) discussed earlier.7 Friends/NECs request is deficient for two separate and independent reasons.
First, the motion is late and procedurally defective. Having granted Friends/NECs two prior requests8notwithstanding that the Commission disfavor[s] motions for extensions of time 4
Compare Friends of the Coast and New England Coalition, Inc. Request for Extension of Time-Post-Facto (Feb. 26, 2011) (requesting an extension of time of three-hours, from Friday, February 25, 2011 at 11:50 PM to Saturday, February 26, 2011 at 2:50 AM in which to file a Motion for Reconsideration) with Friends of the Coast / New England Coalitions Request for Extension of Time (Oct. 22, 2010) at 1 (requesting that Friends/NEC be allowed to file their petition on October 21, 2010, one day past the due date of October 20, 2010) and Friends of the Coast / New England Coalitions Request for Extension of Time (Nov. 23, 2010) (requesting that Friends/NEC be allowed to file their reply on November 23, 2010, one day past the due date of November 22, 2010).
5 Friends of the Coast and New England Coalition, Inc. Request for Extension of Time Addenda Certificate of Counsel (Feb. 28, 2011).
6 NextEra Energy Seabrook, LLCs Answer to Friends of the Coast and New England Coalition Motion for Leave to File For Reconsideration of Memorandum and Order LBP-11-02 (Mar. 7, 2011) [hereinafter NextEra Opposition]; NRC Staffs Response to Friends of the Coast and New England Coalition, Inc.s Motion for Reconsideration of LBP-11-02 (Mar. 7, 2011) [hereinafter NRC Staff Opposition].
7 Changes to Adjudicatory Process, 69 Fed. Reg. 2,182, 2,207 (Jan. 14, 2004).
8 Licensing Board Order (Ruling on Petitions for Intervention and Requests for Hearing), LBP-11-02, 73 NRC __, __ (slip op. at 7) (Feb. 15, 2011).
that are themselves filed out-of-time9we decline to grant a third. Moreover, Friends/NECs belated request for an extension is itself procedurally defective, because such a request must be rejected if it does not include a certification that the movant has made a sincere effort to contact other parties in the proceeding and resolve the issue(s) raised in the motion, and that the movants efforts to resolve the issue(s) have been unsuccessful.10 Filing a motion out of time, and then moving after the fact to excuse their lateness, and thereafter asking the parties if they object to the second motion hardly achieves the purpose of the rule: that is, to spare licensing boards from having to address issues that the parties might be able to resolve on their own.
Second, the motion fails to demonstrate compelling circumstances that could not have been anticipated. On the contrary, for the reasons fully set forth by both NextEra and the NRC Staff in their oppositions, Friends/NRCs motion mischaracterizes the Boards decision and improperly reargues facts and rationales that they raisedor could have raisedearlier.11 Friends/NECs motion for leave to file for reconsideration is therefore denied.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 9, 2011 9
Tennessee Valley Authority (Bellefonte Nuclear Plant, Units 1 and 2), CLI-10-26, 72 NRC __,
__(2010) (slip op. at 4) (Sept. 29, 2010).
10 10 C.F.R. § 2.323(b).
11 NextEra Opposition at 4-8; NRC Staff Opposition at 5-9.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NEXTERA ENERGY SEABROOK, LLC ) DOCKET NO. 50-443-LR (Seabrook Station, Unit 1) )
)
(License Renewal) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Licensing Board ORDER (Denying Extension Request and Denying Motion for Leave to File for Reconsideration), dated March 9, 2011, have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Catherine Kanatas Administrative Judge catherine.kanatas@nrc.gov Paul S. Ryerson, Chair Emily Monteith, Esq.
psr1@nrc.gov emily.monteith@nrc.gov Brian Newell, Paralegal Administrative Judge brian.newell@nrc.gov Michael F. Kennedy David Roth, Esq.
michael.kennedy@nrc.gov david.roth@nrc.gov Maxwell Smith, Esq.
Administrative Judge maxwell.smith@nrc.gov Richard E. Wardwell Mary Spencer, Esq.
richard.wardwell@nrc.gov mary.baty@nrc.gov Edward Williamson, Esq.
Anthony C. Eitreim, Esq. elw2@nrc.gov Chief Counsel Megan Wright, Esq.
ace1@nrc.gov megan.wright@nrc.gov Hillary Cain, Law Clerk OGC Mail Center hillary.cain@nrc.gov OGCMailCenter@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Office of Commission Appellate Adjudication Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket ocaamail@nrc.gov hearingdocket@nrc.gov
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LR ORDER (Denying Extension Request and Denying Motion for Leave to File for Reconsideration)
Counsel for the Applicant Counsel for the Applicant NextEra Energy Seabrook, LLC NextEra Energy Seabrook, LLC 801 Pennsylvania Avenue, N.W. 700 Universe Boulevard Suite 220 Juno Beach, FL 33408 Washington, DC 20004 William Blair, Esq.
Steven C. Hamrick, Esq. william.blair@fpl.com steven.hamrick@fpl.com Antonio Fernandez, Esq.
Kim Bartels, Paralegal antonio.fernandez@fpl.com kim.bartels@fpl.com Mitchell S. Ross, Esq.
mitch.ross@fpl.com Beyond Nuclear Office of the Attorney General 6930 Carroll Avenue, Suite 400 State of New Hampshire Takoma Park, MD 20912 33 Capitol Street Paul Gunter, Director Concord, NH 03301 Reactor Oversight Project K. Allen Brooks, Assistant Attorney General paul@beyondnuclear.org k.allen.brooks@doj.nh.gov Michael A. Delaney, Attorney General New Hampshire Sierra Club michael.a.delaney@doj.nh.gov 40 N. Main Street Peter Roth, Assistant Attorney General Concord, NH 03870 peter.roth@doj.nh.gov Kurt Ehrenberg, Field Organizer kurtehrenberg@gmail.com Office of the Attorney General Seacoast Anti-Pollution League State of Massachusetts P.O. Box 1136 One Ashburton Place Portsmouth, NH 03802 Boston, MA 02108 Doug Bogen, Executive Director Matthew Brock, Assistant Attorney General dbogen@metrocast.net matthew.brock@state.ma.us Jennifer Venezie, Paralegal jennifer.venezia@state.ma.us Friends of the Coast/New England Coalition Post Office Box 98 Edgecomb, ME 04556 Raymond Shadis, Pro Se Representative shadis@prexar.com
[Original signed by Linda D. Lewis]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 9th day of March 2011 2