ML17156A278
| ML17156A278 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/05/2017 |
| From: | Amitava Ghosh, Harris B, Jeremy Wachutka NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-443 LA-2, ASLBP 17-953-02-LA-BD01, RAS 53869 | |
| Download: ML17156A278 (5) | |
Text
June 5, 2017 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-LA2
)
(Seabrook Station, Unit 1) )
)
NRC STAFFS MOTION FOR LEAVE TO FILE A SUR-REPLY TO NEXTERAS REPLY TO NRC STAFFS ANSWER TO C-10S PETITION FOR LEAVE TO INTERVENE On May 12, 2017, NextEra Energy Seabrook, LLC (NextEra) submitted a motion for leave to file a reply 1 to the U.S. Nuclear Regulatory Commission (NRC) staff (Staff) answer (Staff Answer) 2 to the C-10 Research and Education Foundation, Inc. (C-10) petition for leave to intervene (Petition). 3 NextEra also filed its reply (NextEra Reply) at the same time. 4 On May 26, 2017, the Atomic Safety and Licensing Board (Board) granted the NextEra motion to file its Reply and stated that, should either the Staff or C-10 desire to submit a response to any arguments raised in the NextEra Reply, such a response should be filed no later than ten days together with a brief motion seeking leave to file the response. 5 In accordance with this 1 NextEras Motion for Leave to File a Reply to NRC Staffs Answer to C-10s Petition for Leave to Intervene (May 12, 2017) (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML17132A284).
2 NRC Staffs Answer to C-10 Research and Education Foundation, Inc. Petition for Leave to Intervene (May 5, 2017) (ADAMS Accession No. ML17125A304; ADAMS Document Package No.
ML17125A303) (Staff Answer).
3 C-10 Research and Education Foundation, Inc. Petition for Leave to Intervene: Nuclear Regulatory Commission Docket No. 50-443 (Apr. 10, 2017) (ADAMS Accession No. ML17100B013)
(Petition).
4 NextEras Reply to NRC Staffs Answer to C-10s Petition for Leave to Intervene (May 12, 2017)
(ADAMS Accession No. ML17132A285) (NextEra Reply).
5 Order (Granting NextEras Motion to File a Reply) (May 26, 2017) (unpublished) (ADAMS Accession No. ML17146A173).
order, and pursuant to 10 C.F.R. § 2.323, the Staff submits this timely motion to file a sur-reply along with the proposed sur-reply.
The NextEra Reply raises a number of new arguments that could not have been reasonably anticipated by the Staff in its Answer. Specifically, NextEra argues in its Reply that the Staffs suggestion in the Staff Answer that the Board reformulate C-10s proposed contentions 6 is unprecedented and states that it was unable to find pleadings in which the Staff had affirmatively draft[ed] or propose[d] a new contention in its answer pleading. 7 NextEra also suggests in its Reply that the Staffs participation in NRC adjudicatory proceedings is somehow limited. 8 Finally, NextEra argues in its Reply that the Staffs suggested reformulation of C-10s proposed contentions goes beyond addressing the factors set forth in 10 C.F.R.
§ 2.309(a)-(h) 9 and amounts to the drafting and proposing [of] a new contention. 10 In order to ensure that the record is complete and accurate and to support the fair resolution of this proceeding, the Staff moves for leave to file a sur-reply to the NextEra Reply so that it may address these new arguments. Specifically, the Staff sur-reply will demonstrate that these new arguments are without merit because (1) the Staff, as a full party to NRC proceedings and the representative of the public interest in these proceedings, 11 has broad authority to suggest reformulations of petitioners contentions, has suggested reformulations in previous answers to petitions, and is not in any way limited in how it may respond to petitions 6 Staff Answer at 26, 38-39.
7 NextEra Reply at 1-2, 2 n.5.
8 Id. at 3-4.
9 See 10 C.F.R. § 2.309(i)(1) (Answers should address, at a minimum, the factors set forth in paragraphs (a) through (h) of this section insofar as these sections apply to the filing that is the subject of the answer.).
10 NextEra Reply at 1-2.
11 Rules of Practice for Domestic Licensing Proceedings; Role of NRC Staff in Adjudicatory Licensing Hearings, 51 Fed. Reg. 36,811, 36,812 (Oct. 16, 1986) (advance notice of proposed rulemaking; withdrawal).
and (2) the Staffs suggested reformulation in this proceeding was appropriate given the interrelationship of the underlying proposed contentions and does not amount to the Staffs pleading of a new contention.
For these reasons, and as more fully explained in the Staffs sur-reply accompanying this motion, the Staff respectfully requests that the Board grant the Staffs motion.
Respectfully submitted,
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O14-A44 Washington, DC 20555 Telephone: (301) 287-9188 E-mail: Jeremy.Wachutka@nrc.gov Executed in Accord with 10 CFR 2.304(d) Executed in Accord with 10 CFR 2.304(d)
Brian G. Harris Anita Ghosh Counsel for the NRC Staff Counsel for the NRC Staff U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the General Counsel Office of the General Counsel Mail Stop O14-A44 Mail Stop O14-A44 Washington, DC 20555 Washington, DC 20555 Telephone: (301) 287-9120 Telephone: (301) 287-9175 E-mail: brian.harris@nrc.gov E-mail: Anita.Ghosh@nrc.gov Dated at Rockville, Maryland this 5th day of June, 2017
CONSULTATION CERTIFICATION Pursuant to 10 C.F.R. § 2.323(b), I hereby certify that the Staff has made a sincere effort to contact the other participants in this proceeding and resolve the issues raised in the above motion. C-10 and NextEra stated that they have no objections to Staff's planned motion for leave to file a reply.
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O14-A44 Washington, DC 20555 Telephone: (301) 287-9188 E-mail: Jeremy.Wachutka@nrc.gov Dated at Rockville, Maryland this 5th day of June, 2017
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-LA2
)
(Seabrook Station, Unit 1) )
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the foregoing NRC STAFFS MOTION FOR LEAVE TO FILE A SUR-REPLY TO NEXTERAS REPLY TO NRC STAFFS ANSWER TO C-10S PETITION FOR LEAVE TO INTERVENE, dated June 5, 2017, have been filed through the Electronic Information Exchange, the NRCs E-Filing System, in the above-captioned proceeding, this 5th day of June, 2017.
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O14-A44 Washington, DC 20555 Telephone: (301) 287-9188 E-mail: Jeremy.Wachutka@nrc.gov Dated at Rockville, Maryland this 5th day of June, 2017