ML15054A614

Joint Proposal on Schedule and Disclosures

ML15054A614
Person / Time
Site:	Fermi
Issue date:	02/23/2015
From:	Christinidis J, Maters B, Reddick D, Repka D, Tanya Smith DTE Electric Company, Winston & Strawn, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-341-LR, ASLBP 14-933-01-LR-BD01, RAS 27289
Download: ML15054A614 (7)

Text

February 23, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

)

DTE ELECTRIC COMPANY ) Docket No. 50-341-LR

)

(Fermi Nuclear Power Plant, Unit 2) )

JOINT PROPOSAL ON SCHEDULE AND JOINT MOTION ON MANDATORY DISCLOSURES I. Joint Proposal on Schedule In response to the Board Order (Identifying Hearing Procedures and Scheduling Conference Call), dated February 12, 2015, the parties have developed a proposed schedule related to items (ii) - (v) identified in the Order. The parties have jointly agreed to the schedule with one exception, which is discussed below.

All parties agree that, due to the likely length and complexity of the Draft Supplemental Environmental Impact Statement and Safety Evaluation Report with open items, the deadline for filing new or amended contentions based on those documents should be 60 days after the documents availability. However, the Applicant and the NRC Staff propose that the deadline for filing new or amended contentions based on the Final Supplemental Environmental Impact Statement, Final Safety Evaluation Report, and any other document besides the Draft Supplemental Environmental Impact Statement and Safety Evaluation Report with open items be 30 days after availability of the document. The Applicant and NRC Staff believe that 30 days is sufficient to review and formulate contentions on final Staff documents because the parties would have already reviewed them in draft form. This timeframe also is consistent with typical

interpretations of timeliness under 10 C.F.R. § 2.309(f)(2)(iii). The intervenors1 will be notifying the Board of their proposed schedule for filing new or amended contentions in a separate submittal.

Other than the one exception, the parties are in agreement as to the timing of various filings for the proceeding as follows:

Environmental Issues Applies to JP-4B, CRAFT 2, and CRAFT 8 DE is the date on which the Draft Supplemental Environmental Impact Statement becomes available E is the date on which the Final Supplemental Environmental Impact Statement becomes available Schedule if no new/amended contentions are Schedule if new/amended contentions are proposed based on DSEIS/SEIS proposed based on DSEIS/SEIS DE + 60 Deadline for new or amended contentions based on DEIS DE + 85 Deadline for responses to new or amended contentions E + 30 Motions for Summary E + 30 Motions for Summary Disposition Disposition E + 30 Deadline for new or amended contentions based on EIS E + 55 Deadline for responses to new or amended contentions E + 85 Estimated ASLB (based on Model Decision on Late-Milestones) Filed Contentions 1

The intervenors are: (1) Dont Waste Michigan, Citizens Environment Alliance of Southwestern Ontario, and Beyond Nuclear (Joint Intervenors); and (2) Citizens Resistance at Fermi 2 (CRAFT).

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Within 14 days of Complete update to ASLB decision mandatory disclosures Within 30 days of Motions for Summary ASLB decision Disposition on any new contentions E + 70 Intervenor Written 70 days after ASLB Intervenor Written Direct Testimony and decision Direct Testimony and Statements of Position Statements of Position E + 115 Staff & Applicant 115 days after ASLB NRC Staff &

Written Direct decision Applicant Written Testimony and Direct Testimony and Statements of Position Statements of Position E + 145 Intervenor Written 145 days after ASLB Intervenor Written Rebuttal Testimony decision Rebuttal Testimony and Statements of and Statements of Position Position E + 175 Evidentiary Hearing 175 days after ASLB Evidentiary Hearing decision Note: The parties recognize that it may be necessary for one or more parties to seek changes to any of the schedule milestones listed above. In accordance with 10 C.F.R. § 2.323(b), the parties will consult in good faith on any such requests.

Safety/Technical Issues No contentions currently admitted SOI is the date on which the Safety Evaluation Report with open items becomes available S is the date on which the Safety Evaluation Report becomes available Schedule if no new/amended contentions are Schedule if new/amended contentions are proposed based on SER proposed based on SER SOI + 60 Deadline for new or amended contentions based on SER with open items SOI+ 85 Deadline for responses to new or amended contentions S + 30 Motions for Summary S + 30 Motions for Summary Disposition Disposition 3

S + 30 Deadline for new or amended contentions based on SER S + 55 Deadline for responses to new or amended contentions S + 85 Estimated ASLB (based on Model Decision on Late-Milestones) Filed Contentions Within 14 days of Complete update to ASLB decision mandatory disclosures Within 30 days of Motions for Summary ASLB decision Disposition on any new contentions S + 70 Intervenor Written 70 days after ASLB Intervenor Written Direct Testimony and decision Direct Testimony and Statements of Position Statements of Position S + 115 Staff & Applicant 115 days after ASLB NRC Staff &

Written Direct decision Applicant Written Testimony and Direct Testimony and Statements of Position Statements of Position S + 145 Intervenor Written 145 days after ASLB Intervenor Written Rebuttal Testimony decision Rebuttal Testimony and Statements of and Statements of Position Position S + 175 Evidentiary Hearing 175 days after ASLB Evidentiary Hearing decision Note: The parties recognize that it may be necessary for one or more parties to seek changes to any of the schedule milestones listed above. In accordance with 10 C.F.R. § 2.323(b), the parties will consult in good faith on any such requests.

The parties have also agreed on two other scheduling matters. First, the parties agree that, under the latest revision to 10 C.F.R. §2.309(i), any responses to motions to file new or amended contentions would be due 25 days after service of the motion to file a new or amended contention. Second, the parties propose that they jointly submit a proposed protective order to the Board by April 1, 2015.

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II. Joint Motion on Mandatory Disclosures In response to item (i) of the Board Order, the Applicant, NRC Staff, and intervenors jointly request pursuant to 10 C.F.R. § 2.323 that the Board grant this joint motion regarding the disclosures required under 10 C.F.R. § 2.336 and the hearing file required under 10 C.F.R. § 2.1203. In lieu of the schedule and content described in NRC regulations, the parties have agreed to the following schedule and disclosure protocol for this proceeding:

1. The initial disclosures should be provided on May 1, 2015, and supplemented on the first day of each month thereafter;

2. The parties waive the requirement in 10 C.F.R. §§ 2.336(a)(3) and 2.336(b)(5) to produce a privilege log (e.g., attorney-client communications, attorney work product, deliberative process).

However, the parties will still produce as part of their disclosures a list of any documents withheld as proprietary;

3. A party need not identify or produce any document that has been served on the other parties to this proceeding;

4. The parties need not identify or produce press clippings;

5. If a document exists in both hard copy and electronic formats, a party may produce the electronic copy only;

6. If an identical document is found in multiple locations, a party need only identify or produce one copy of the document;

7. Where practicable, documents will be produced in a text-searchable format; and

8. All relevant documents available via the NRCs website, or the NRCs Agencywide Documents Access and Management System (ADAMS) will be identified by the NRC Staff as required by 10 C.F.R. §§ 2.336(b) and 2.1203. No party is required to otherwise identify or produce documents available via the NRCs website or ADAMS.

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The intervenors (with the one exception noted above) and the NRC Staff have authorized DTE to submit the proposed schedule on their behalf, and also have authorized DTE to submit the motion on mandatory disclosures on their behalf.

Respectfully submitted,

/s/ signed electronically by David A. Repka Tyson R. Smith Darani M. Reddick Winston & Strawn LLP 1700 K Street, NW Washington, DC 20006 Bruce R. Maters Jon P. Christinidis DTE Electric Company One Energy Plaza Detroit, Michigan 48226 COUNSEL FOR DTE ELECTRIC COMPANY Dated at Washington, District of Columbia this 23rd day of February 2015 6

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

)

DTE ELECTRIC COMPANY ) Docket No. 50-341-LR

)

(Fermi Nuclear Power Plant, Unit 2) )

CERTIFICATE OF SERVICE I certify that copies of the JOINT PROPOSAL ON SCHEDULE AND JOINT MOTION ON MANDATORY DISCLOSURES has been served on this 23rd day of February 2015 by Electronic Information Exchange, which to the best of my knowledge resulted in transmittal of the foregoing to those on the EIE Service List for the captioned proceeding.

Respectfully submitted,

/s/ signed electronically by Tyson R. Smith Winston & Strawn LLP 1700 K Street, N.W.

Washington, DC 20006 COUNSEL FOR DTE ELECTRIC COMPANY Dated in Washington, D.C.

this 23rd day of February 2015 DC:769706.2