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Category:Legal-Motion
MONTHYEARML20261H6042020-09-17017 September 2020
C-10 Research and Education Foundations Motion for Leave to File Reply to Oppositions to Motion for Partial Reconsideration of LBP-20-09
ML19310E6572019-11-0606 November 2019
NRC Staff'S Answer Opposing C-10'S Motion to Admit Additional Exhibit and Testimony
ML19123A2092019-05-0303 May 2019
NRC Staff'S Answer to Nextera'S Motion in Limine
ML17156A2782017-06-0505 June 2017
NRC Staff'S Motion for Leave to File a Sur-Reply to Nextera'S Reply to NRC Staff'S Answer to C-10's Petition for Leave to Intervene
ML17142A2812017-05-22022 May 2017
NRC Staff Motion to Strike Portions of C-10's Reply
ML17142A2822017-05-22022 May 2017
Motion to Strike - Attachment a
ML15209A7432015-07-28028 July 2015
Motion to Withhold or Withdraw Final Environmental Impact Statement Pending Renewed Opportunity for Comment
ML14063A5332014-03-0101 March 2014
Certificate of Service for Petition to Suspend Reactor Licensing Decisions
ML14063A5322014-03-0101 March 2014
Certificate of Timely Submission of Petition to Suspend Reactor Licensing Decisions
ML14063A5312014-02-27027 February 2014
Petition to Suspend Reactor Licensing Decisions and Reactor Re-Licensing Decisions Pending Completion of Rulemaking Proceeding Regarding Environmental Impacts of High-Density Pool Storage of Spent Fuel and Mitigation Measures
ML13140A1392013-05-20020 May 2013
NRC Staff Motion for Extension of Time of File Answers to Nextera Motions for Summary Disposition of Contentions 4B & 4D
ML13130A2152013-05-10010 May 2013
Nextera'S Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling)
ML13130A2142013-05-10010 May 2013
Nextera'S Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4B (SAMA Analysis Source Terms)
ML13122A4632013-05-0202 May 2013
Joint Motion on Timing of Summary Disposition Motions
ML12270A0602012-09-26026 September 2012
Corrected Friends/Nec Exhibit 2, Seabrook Alkali-Silica Reaction Issue Technical Team Charter
ML12270A0612012-09-26026 September 2012
Correction to Supplement to Friends of the Coast and New England Coalition Petition for Leave to File a New Contention Regarding NextEra Energy Seabrook License Renewal Application Structures Monitoring Program Supplement-Alkali-Silica Reac
ML12265A4102012-09-21021 September 2012
Friends of the Coast and New England Coalition'S Motion (with September 19, 2012) Corrections for Leave to File a New Contention Concerning Nextera Energy Seabrook'S Amendment of Its Aging Management Program for Safety-Related Concrete Stru
ML12265A3942012-09-21021 September 2012
Supplement to Friends of the Coast & New England Coalition'S Motion for Leave to File New Contention Re NextEra Energy Seabrook'S Amendment of Its Aging Management Program for Safety-Related Concrete Structures
ML12265A3862012-09-21021 September 2012
Joint Motion to Modify Initial Scheduling Order
ML12265A3962012-09-21021 September 2012
Friends/Nec Exhibit Two: Request for Additional Information for the Review of the Seabrook Station, License Renewal Application - Set 19
ML12265A3972012-09-21021 September 2012
Corrections & Supplement to Friends of the Coast & New England Coalition Petition for Leave to File a New Contention
ML12265A3932012-09-14014 September 2012
Friends/Nec Exhibit Three: Request for Additional Information for the Review of the Seabrook Station, License Renewal Application - Set 19
ML12265A3982012-09-13013 September 2012
Friends/Nec Exhibit 4: Union of Concerned Scientists Requests That NextEra Begin a Systematic Conditional Assessment During Seabrook'S Refueling
ML12265A3952012-09-0505 September 2012
Friend/Nec Exhibit One: Request for Deviation from Reactor Oversight Process Action Matrix to Provide Increased Oversight of Alkali-Silica Reaction Issue at Seabrook
ML12191A4192012-07-0909 July 2012
Certificate of Services for Intervenors' Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1
ML12191A4182012-07-0909 July 2012
Transmittal of Intervenors' Motion for Leave to File a New Contention Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1
ML12191A4202012-07-0909 July 2012
Intervenors' Motion for Leave to File a New Contention Concerning Temporary Storage and Ultimate Disposal of Nuclear Waste at Seabrook Station, Unit 1
ML12158A2802012-06-0505 June 2012
Beyond Nuclear, Motion for Intervention
ML11312A0382011-11-0707 November 2011
Petitioners' Withdrawl of Motion of October 28, 2011 for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report
ML11301A2412011-10-28028 October 2011
Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report
ML11301A2422011-10-28028 October 2011
Certificate of Service for Motion for Leave to Supplement Basis of Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report
ML11301A2292011-10-28028 October 2011
Joint Motion Regarding Mandatory Disclosures
ML11273A1752011-09-30030 September 2011
Joint Motion to Amend the Initial Scheduling Order
ML11223A3752011-08-11011 August 2011
(Beyond Nuclear, Seacoast Antipollution League, Sierra Club of Nh) Motion to Admit New Contention Regarding the Safety and Environmental Implications of the Nuclear Regulatory Commission Task Force Report on the Fukushima Dai-ichi Accident
ML11223A3762011-08-11011 August 2011
(Beyond Nuclear, Seacoast Antipollution League, Sierra Club of Nh) Contention Regarding NEPA Requirement to Address Safety and Environmental Implications of the Fukushima Task Force Report
ML11223A4432011-08-11011 August 2011
(Friends of the Coast, New England Coalition) Motion to Admit New Contention Regarding Safety & Environmental Implications of Nuclear Regulatory Commission Task Force Report on Fukushima Dai-ichi Accident
ML11221A1012011-08-0909 August 2011
NextEra Energy Seabrook, LLCs Motion to Amend the Initial Scheduling Order
ML1113602232011-05-16016 May 2011
Answer of NextEra Energy Seabrook, LLC Opposing Motion to Permit Unauthorized Reply
ML1113603952011-05-16016 May 2011
NRC Staff'S Answer to Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply
ML1113603962011-05-16016 May 2011
Certificate of Service for NRC Staff'S Answer to Petitioners' Motion for Modification of the Commission'S April 19, 2011 Order to Permit a Consolidated Reply
ML1112604732011-05-0606 May 2011
Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply
ML1112608092011-05-0606 May 2011
Certificate of Service for Petitioners' Motion for Modification of Commission'S April 19, 2011, Order to Permit Consolidated Reply, and Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related.
ML1112608102011-05-0606 May 2011
Certificate Regarding Consultation
ML1112608112011-05-0606 May 2011
Petitioners' Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear Power Station Accident
ML1112608122011-05-0606 May 2011
Petitioner'S Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply
ML1112604762011-05-0606 May 2011
Petitioners' Reply to Responses to Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear Power Station Accident
ML1112604752011-05-0606 May 2011
Certificate Regarding Consultation
ML1112604742011-05-0606 May 2011
Certificate of Service for Motion for Modification of Order to Allow Reply and Certificate of Consultation
ML1106805342011-03-0909 March 2011
Commonwealth of Massachusetts' Request to Participate as an Interested State
ML1106801332011-03-0808 March 2011
Friends of the Coast and New England Coalition, Inc. Request for Extension of Time
2020-09-17
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Text
May 20, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
NextEra Energy Seabrook, LLC ) Docket No. 50-443-LR
)
(Seabrook Nuclear Station, Unit 1) ) ASLBP No. 10-906-02-LR-BD01 NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE ANSWERS TO NEXTERA MOTIONS FOR
SUMMARY
DISPOSITION OF CONTENTIONS 4B & 4D INTRODUCTION Pursuant to 10 C.F.R. § 2.323(a) the Staff of the U.S. Nuclear Regulatory Commission (Staff) hereby requests a 45-day extension of time, until July 15, 2013, to file its answers to NextEras Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4B (SAMA Analysis Source Terms) and NextEras Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling) (Motions) filed on May 10, 2013. As discussed below, counsel for the Staff has discussed this motion with Friends of the Coast and the New England Coalition (Friends/NEC),
and with NextEra Energy Seabrook, LLC (NextEra); neither party opposes the Staffs motion.1 The Staff seeks a 45-day extension for the following reasons:
- 1. NextEras Motions seek summary disposition, pursuant to 10 C.F.R. § 2.1205, of the only two admitted contentions challenging the NextEra Energy Seabrook, LLC (NextEra) application to renew the operating license for Seabrook Station, Unit 1. Pursuant to 10 C.F.R. § 1
However, as explained below, Friends/NECs position is predicated on Friends/NEC receiving the same extension of time as the Staff; NextaEra opposes the granting of an extension to Friends/NEC.
The Staff does not object to Friends/NEC receiving the same extension as the Staff.
2.1205, answers to the NextEras Motions would be due within 20 days of service of the motions, or on May 30, 2013.
- 2. NextEras Motions are lengthy, totaling 88 and 267 pages, respectively. The bulk of the Motions consists of lengthy expert affidavits and, in the case of Contention 4D, two detailed expert reports. The expert affidavits and expert reports, in turn, reference other reports and studies that are likewise voluminous.
- 3. The Staff has encountered unanticipated delays in funding task orders for expert support from Sandia National Laboratory, preventing experts who are already familiar with both of the issues raised by the contentions and NextEras SAMA analysis from beginning their review of NextEras motions, expert affidavits, and expert reports, for several weeks.
- 4. Staff counsel who had been serving as lead for this case while undersigned counsel was on rotation to another division in the Office of the General Counsel for the past 8 months, was selected for a rotation to another office and has therefore withdrawn as counsel.
- 5. This extension of time will have minimal impact on the overall schedule for this proceeding, as the Staffs final supplemental environmental impact statement is not scheduled for issuance until December of 2013.
- 6. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel contacted counsel for NextEra and Friends/NRC regarding the Staffs motion for an extension of time.
- 7. Friends/NECs representative indicated that Friends/NEC was contemplating filing a similar request for an extension of time. He indicated that Friends/NEC is interested in having additional time for a thorough review of the affidavits of NextEra's experts in support of the motion for summary disposition . . . . Friends/NECs representative also stated that he is somewhat hampered in making a timely response on behalf of Friends/NEC due to long-planned family-related vacation travel and a planned visit (in near term scheduling) with NRC Chairman Macfarlane to discuss matters important to New England Coalition." For these
reasons, Friends/NEC does not oppose the NRC staffs request provided that Friends/NEC is afforded the same extension. The NRC staff does not oppose Friends/NEC receiving the same extension.
- 8. Counsel for NextEra responded:
NextEra does not oppose the NRCs staffs request for an extension of time in light of the extraordinary circumstances regarding contract administration for expert support. However, NextEra opposes tripling the response time for Friends/NEC with no such showing of good cause.
NextEras position is that as the proponent of the contentions, Friends/NEC has the obligation to support its claims, and if it is unable or unwilling to defend its claims in a timely response to the current motions, its contention should be dismissed, thus eliminating the need for further review by the Staff. NextEra disclosed the bases for its summary disposition motions well in advance of their filing and held off filing those motions at the request of Friends/NEC to provide it even more time to determine whether it would oppose the motions. At this juncture, NextEra deserves a timely response from Friends/NEC and timely dismissal of these contentions if in fact Friends/NEC has no support for its claims.
For these reasons, the Staff respectfully requests that its deadline for responding to NextEras Motions be extended by 45 days to July 15, 2013.
Respectfully submitted,
/Signed (electronically) by/
Mary B. Spencer Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Phone: (301) 415-1324 E-mail: mary.spencer@nrc.gov May 20, 2013
CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that she has made a sincere effort to contact the other parties to this proceeding, to resolve the issues raised in this Motion, and that her efforts to resolve this issue have not been fully successful in that Friends/NECs non-opposition is based upon Friends/NEC receiving the same extension while NextEra opposes any extension for Friends/NEC, but does not oppose a 45-day extension for the Staff.
Respectfully submitted,
/Signed (electronically) by/
Mary B. Spencer Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Phone: (301) 415-1324 E-mail: mary.spencer@nrc.gov May 20, 2013
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
NextEra Energy, LLC ) Docket Nos. 50-443
)
(Seabrook Station, Unit 1) ) ASLBP No. 10-906-02-LR-BD01 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE ANSWERS TO NEXTERA MOTIONS FOR
SUMMARY
DISPOSITION OF CONTENTIONS 4B & 4D, have been served upon the following by the Electronic Information Exchange, this 20th day of May, 2013.
/Signed (electronically) by/
Mary B. Spencer Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 (301) 415-1324 Mary.spencer@nrc.gov Date of Signature: May 20, 2013
