Southern California Edison Company'S Answer Opposing Petitioner'S Extension Request| ML13032A048 |
| Person / Time |
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| Site: |
San Onofre  |
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| Issue date: |
02/01/2013 |
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| From: |
Burdick S, Frantz S, Porter D
Friends of the Earth, Morgan, Morgan, Lewis & Bockius, LLP, Southern California Edison Co |
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| To: |
Atomic Safety and Licensing Board Panel |
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| SECY RAS |
| References |
|---|
| RAS 24070, 50-361-CAL, 50-362-CAL, ASLBP 13-924-01-CAL-BD01 |
| Download: ML13032A048 (4) |
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[Table view] |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket Nos. 50-361-CAL & 50-362-CAL SOUTHERN CALIFORNIA EDISON COMPANY )
)
(San Onofre Nuclear Generating Station, ) February 1, 2013 Units 2 and 3) )
)
SOUTHERN CALIFORNIA EDISON COMPANYS ANSWER OPPOSING PETITIONERS EXTENSION REQUEST On January 31, 2013, Friends of the Earth (FOE) filed Friends of the Earths Motion for Extension of Time (Motion), requesting that the Board grant FOE a one week extension to the deadline for FOE to submit its reply brief in this proceeding. The extension would modify the deadline from February 6, 2013 to February 13, 2013. FOE claims that it needs this extension because Petitioner has received from two parties and one potential party over 200 pages of briefs and more than 1200 pages of attachments, many previously unseen by Petitioner.
Pursuant to 10 C.F.R. § 2.323(c), Southern California Edison Company (SCE) submits this Answer opposing FOEs Motion. The Nuclear Regulatory Commission (NRC) regulations, 10 C.F.R. § 2.307(a), only allow extensions for good cause. The Commission has explained that good cause, in the context of adjudicatory filings, requires a showing of unavoidable and extreme circumstances.1 As the Commission stated in its 1998 Policy 1
See Balt. Gas & Elec. Co. (Calvert Cliffs Nuclear Power Plant, Units 1 & 2), CLI-98-25, 48 NRC 325, 342 (1998) (holding that construction of good cause to require a showing of unavoidable and extreme circumstances constitutes a reasonable means of avoiding undue delay); see also Hydro Res., Inc. (2929 Coors Road Suite 101, Albuquerque, NM 87210), CLI-99-1, 49 NRC 1, 3 n.2 (1999) (We caution all parties DB1/ 72979496.1 1
Statement: The Commission, of course, recognizes that the boards may grant extensions of time under some circumstances, but this should be done only when warranted by unavoidable and extreme circumstances.2 As demonstrated below, no such circumstances are present here, and FOE has not demonstrated good cause for its extension request. Any extension should be rejected.
- FOE already sought and obtained an extension to the briefing schedule.3 FOE has not identified any changed circumstances that should justify a further extension to this schedule. FOE has been on notice for more than a month that it would need to file its reply within seven days.
- The length of the answering briefs should be no surprise to FOE. Its own brief and expert affidavits comprise about 135 pages. SCEs and the NRC Staffs briefs and expert affidavits are comparable in length.4
- FOE appears to base its extension request in part on the 1200 pages of attachments to SCEs and the Staffs briefs. However, except for SCEs affidavits and SCEs disclosure of excerpts from the Updated Final Safety Analysis Report (UFSAR),5 SCEs and the Staffs attachments appear to already be publicly available. Furthermore, SCE had in this case, however, to pay heed to the guidance in our policy statement that ordinarily only unavoidable and extreme circumstances provide sufficient cause to extend filing deadlines.).
2 Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18, 21 (1998).
3 See Order (Granting in Part and Denying in Part Petitioners Motion for Clarification and Extension), at 5 (Dec. 20, 2012) (unpublished).
4 FOE appears to base its extension request in part on the need to also respond to the Nuclear Energy Institute (NEI) amicus brief. NEIs brief, however, appears to be consistent with SCEs and the Staffs briefs, and is only 11 pages in length. This does not justify an extension.
5 SCE Attachment 32 (excerpts of Technical Specification bases) was not publicly available in the same format; however, the information was available as part of a recent license amendment request and was referenced by FOEs expert (Gundersen Affidavit at 2 n.1).
DB1/ 72979496.1 2
previously disclosed the portion of the UFSAR attachment related to steam generator tube rupture.
As demonstrated above, FOEs Motion should be rejected. FOE has not demonstrated good cause for an additional extension to the briefing schedule in this proceeding, and its request is inconsistent with the Boards statement that this case should proceed with dispatch.6 For these reasons, the briefing schedule should proceed according to the Boards December 20, 2012 Order.
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
Steven P. Frantz Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Phone: 202-739-5460 E-mail: sfrantz@morganlewis.com Douglas Porter Director and Managing Attorney Generation Policy and Resources Law Department Southern California Edison Company 2244 Walnut Grove Avenue GO1, Q3B, 335C Rosemead, CA 91770 Phone: 626-302-3964 E-mail: Douglas.Porter@sce.com Counsel for Southern California Edison Company Dated in Washington, D.C.
this 1st day of February 2013 6
Order (Conference Call Summary and Directives Relating to Brief), at 5 (Dec. 7, 2012) (unpublished).
DB1/ 72979496.1 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket Nos. 50-361-CAL & 50-362-CAL SOUTHERN CALIFORNIA EDISON COMPANY )
)
(San Onofre Nuclear Generating Station, ) February 1, 2013 Units 2 and 3) )
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of Southern California Edison Companys Answer Opposing Petitioners Extension Request was filed through the E-Filing system.
Signed (electronically) by Stephen J. Burdick Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5059 Fax: 202-739-3001 E-mail: sburdick@morganlewis.com Counsel for Southern California Edison Company DB1/ 72979496.1