ML15058A703

Initial Scheduling Order

ML15058A703
Person / Time
Site:	Fermi
Issue date:	02/27/2015
From:	Ronald Spritzer Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-341-LR, ASLBP 14-933-01-LR-BD01, RAS 27319
Download: ML15058A703 (7)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Ronald M. Spritzer, Chairman Dr. Gary Arnold Nicholas G. Trikouros In the Matter of Docket No. 50-341 DTE ELECTRIC COMPANY ASLBP No. 14-933-01-LR-BD01 (Fermi Nuclear Power Plant, Unit 2) February 27, 2015 INITIAL SCHEDULING ORDER After reviewing written submissions from the parties representatives and conferring with the parties representatives during a conference call on February 25, 2015, the Board adopts this Order to govern this proceeding.1 The Board has previously determined that the hearing in this proceeding will be conducted using the simplified hearing procedures of 10 C.F.R. Part 2, Subpart L.2

1. Mandatory disclosures. The parties representatives submitted a joint motion on mandatory disclosures required by 10 C.F.R. § 2.336 and the hearing file required by 10 C.F.R.

§ 2.1203.3 The Board agrees that the schedule and disclosure protocol set forth in the Joint 1

CRAFTs representative informed the Board that she filed a notice of her intent to participate out of an abundance of caution. See Tr. at 247-48; [CRAFTs] Notice of Intent to Participate as a Party (Feb. 23, 2015). CRAFT is already a party, so this Notice has no effect on the proceeding.

2 Licensing Board Order (Identifying Hearing Procedures and Scheduling Conference Call)

(Feb. 12, 2015) (unpublished).

3 Joint Proposal on Schedule and Joint Motion on Mandatory Disclosures (Feb. 23, 2015).

Motion will govern the parties disclosure obligations under Sections 2.336 and 2.1203, with the following modification:

NRC Website and ADAMS Documents. The parties need not identify or produce documents available on NRCs website or the NRCs Agencywide Documents Access and Management System (ADAMS) if the Staff has already identified those documents under 10 C.F.R. §§ 2.336(b) and 2.1203.4 When any other document, data compilation, or other tangible thing that must be disclosed is publicly available from the NRC website, ADAMS, or another source, a party may provide sufficient disclosure by identifying the location (e.g., ML number),

title, and page reference in accordance with 10 C.F.R. § 2.336(a)(2)(iii).

2. New, Amended, and Migrated Contentions.

a. Consolidated Briefing. If a party wishes to file a new or amended contention, the party must file simultaneously the motion requesting leave to file the contention and the substance of the proposed contention. This consolidated filing must specify how the motion satisfies the good cause criteria of 10 C.F.R. § 2.309(c)(1)(i)-(iii) and how the proposed contention satisfies the admissibility criteria of 10 C.F.R. § 2.309(f)(1)(i)-(vi). If a party believes an admitted contention has migrated to a subsequently released document, such as the Draft Supplemental Environmental Impact Statement (DSEIS) or Final Supplemental Environmental Impact Statement (FSEIS), the party should explain how the information contained in [the]

subsequently released document is sufficiently similar to the information contained in the original document upon which the original contention was filed to justify construing an admitted contention contesting the environmental report as a challenge to a subsequently issued draft or final environmental impact statement.5 4

The parties agreement that No party is required to otherwise identify or produce documents available via the NRCs website or ADAMS, id. at 5, is limited solely to documents previously identified by the Staff under 10 C.F.R. §§ 2.336(b) and 2.1203.

5 Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3), LBP-12-23, 76 NRC 445, 471 (2012)

(citing Louisiana Energy Services, L.P. (Claiborne Enrichment Center), CLI-98-3, 47 NRC 77,

Within twenty-five (25) days after service of the motion and proposed contention, any other party may file an answer responding to the motion and contention. Within seven (7) days of service of the answer, the movant may file a reply.

b. Timeliness. Any new or amended contentions should be filed in compliance with 10 C.F.R. § 2.309(f)(2), including but not limited to the requirements in section 2.309(c)(1)(i)-(iii) that any new or amended contention must be submitted in a timely fashion based on new information. In general, a proposed new, amended, or migrated contention is timely under 10 C.F.R. § 2.309(c) if it is filed within thirty (30) days of the date when the new and material information on which it is based first becomes available. If filed thereafter, the proposed contention must show good cause under 10 C.F.R. § 2.309(c).

However, with respect to new, amended, or migrated contentions based on new and material information in the DSEIS, FSEIS, Safety Evaluation Report with Open Items (SER),

and Final Safety Evaluation Report (FSER), a proposed contention shall be deemed timely under 10 C.F.R. § 2.309(c) if it is filed within sixty (60) days of the date when the document containing the new and material information first becomes available. The Board believes a sixty day period is appropriate for new or amended contentions based on the DSEIS, FSEIS, SER, or FSER because of the likely length and complexity of those documents, and the fact that allowing sixty days to file new or amended contentions based on new and material information contained in those documents will not interfere with the schedules set forth below.

3. Status Report. The NRC Staff has submitted a report specifying its best estimate of the dates it expects to issue the DSEIS, FSEIS, SER, and FSER.6 The Staff should promptly notify the Board if the estimates change.

84 (1998)). Migration may occur without Intervenor action, but a written request to the Board assures the intent of Intervenors should there be any question concerning migration.

6 Letter from Jeremy Wachutka, Counsel for the NRC Staff, to the Board (Feb. 23, 2015).

4. Schedule. The schedules below will govern this proceeding. For these schedules, D is the date on which the relevant draft report (either the DSEIS or the SER) becomes available for public review, and F is the date on which the relevant final report (either the FSEIS or the FSER) becomes available for public review.

TABLE 1 If new or amended contentions are filed, the following deadlines shall apply:

D+60 New or amended contentions based on the draft report D+85 Answers to new or amended contentions D+92 Replies to answers to new or amended contentions F+30 Motions for summary disposition on previously admitted contentions F+60 New or amended contentions based on the final report F+85 Answers to these new or amended contentions F+92 Replies to answers to these new or amended contentions Board Order (O) on admission of new or amended contentions based F+137 on the final report (if oral argument is not required)

O+14 Complete mandatory disclosures Motions for summary disposition on any new or amended contentions O+30 admitted by the Board O+70 Intervenor written direct testimony, statements of position, and exhibits O+115 Staff & DTE written direct testimony, statements of position, and exhibits O+145 Intervenor written rebuttal testimony, statements of position, and exhibits O+175 Evidentiary Hearing (Hrg)

Hrg+90 Initial decision TABLE 2 If no new or amended contentions are filed, the following deadlines shall apply:

F+30 Motions for summary disposition F+70 Intervenor written direct testimony, statements of position, and exhibits F+115 Staff & DTE written direct testimony, statements of position, and exhibits F+145 Intervenor written rebuttal testimony F+175 Evidentiary Hearing (Hrg)

Hrg+90 Initial decision

5. Motions to modify the schedule. The Board understands that modifications of the schedule may be appropriate based on future developments. Any motion for an extension or enlargement of time or other modification should be filed within ten (10) days of when the party learns of the facts and circumstances establishing the need for an extension or modification.7 The party filing such a motion should first attempt to resolve the issue with the other parties, and if unable to do so must include the certification required by 10 C.F.R. § 2.323(b) stating that the party made a sincere effort to contact the other parties and to resolve the issues raised in the motion. Given that the Board has allowed sixty (60) days for the filing of new or amended contentions based on the DSEIS, FSEIS, SER, and FSER, the Board will grant extensions of those deadlines only for compelling reasons.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 27, 2015 7

See 10 C.F.R. § 2.323(a).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

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

)

(Fermi 2) )

)

(License Renewal)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing INITIAL SCHEDULING ORDER have been served upon the following persons by Electronic Information Exchange.

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Catherine Kanatas, Esq.

Ronald M. Spritzer, Chair Brian Harris, Esq.

Administrative Judge Edward Williamson, Esq.

E-mail: ronald.spritzer@nrc.gov Jeremy Wachutka, Esq.

Joseph Lindell, Esq.

Gary S. Arnold John Tibbetts, Paralegal Administrative Judge Email: catherine.kanatas@nrc.gov E-mail: gary.arnold@nrc.gov brian.harris@nrc.gov edward.williamson@nrc.gov Nicholas G. Trikouros jeremy.wachutka@nrc.gov Administrative Judge joseph.lindell@nrc.gov E-mail: nicholas.trikouros@nrc.gov john.tibbetts@nrc.gov Kathleen Schroeder, Law Clerk E-mail: kathleen.schroeder@nrc.gov Nicole Pepperl, Law Clerk E-mail: nicole.pepperl@nrc.gov Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov

FERMI 2 (Docket No. 50-341-LR)

INITIAL SCHEDULING ORDER DTE Energy Company Intervenors: Dont Waste Michigan, Citizens One Energy Plaza, 688 WCB Environment Alliance of Southwestern Ontario and Detroit, MI 48226 Beyond Nuclear Bruce R. Maters, Assistant General Counsel Jon P. Christinidis, Esq. Terry J. Lodge, Esq.

E-mail: matersb@dteenergy.com 316 N. Michigan St., Ste. 520 christinidisj@dteenergy.com Toledo, OH 43604-5627 Email: tjlodge50@yahoo.com Counsel for the Applicant: Michael Keegan Dont Waste Michigan Winston & Strawn, LLP 811 Harrison Street 1700 K Street, NW Monroe, Michigan 48161 Washington, DC 20006-3817 E-mail: mkeeganj@comcast.net Tyson R. Smith, Esq.

Darani Reddick, Esq. Kevin Kamps Carlos L. Sisco, Paralegal Beyond Nuclear E-mail: trsmith@winston.com 6930 Carroll Avenue, Ste. 400 dreddick@winston.com Takoma Park, MD 20912 csisco@winston.com E-mail: kevin@beyondnuclear.org Intervenor: Citizens Resistance At Fermi 2 (CRAFT)

Jessie Pauline Collins 17397 Five Points Street Redford, MI 48240 E-mail: jessiepauline@gmail.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 27th day of February, 2015 2