ML17157B535
| ML17157B535 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/06/2017 |
| From: | Ronald Spritzer Atomic Safety and Licensing Board Panel |
| To: | Sekazi Mtingwa, Ronald Spritzer, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-443-LA2, ASLBP 17-953-02-LA-BD01, RAS 53872 | |
| Download: ML17157B535 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ronald M. Spritzer, Chairman Nicholas G. Trikouros Dr. Sekazi Mtingwa In the Matter of Docket No. 50-443-LA2 NEXTERA ENERGY SEABROOK, LLC ASLBP No. 17-953-02-LA-BD01 (Seabrook Station, Unit One) June 6, 2017 ORDER (Granting the NRC Staffs Motion to File a Reply to NextEras Response)
In this proceeding, the C-10 Research and Education Foundation, Inc. (C-10) has filed a Petition challenging a license amendment request submitted by NextEra Energy Seabrook, LLC (NextEra), for Seabrook Station, Unit 1, located in Seabrook, New Hampshire. The NRC Staff filed its answer to the Petition on May 5, 2017 (the NRC Staff Answer).1 On May 12, NextEra filed an unopposed motion seeking leave to reply to the NRC Staff Answer, arguing that fairness required an opportunity for NextEra to respond to new arguments raised in the NRC Staff Answer when the NRC Staff reformulated portions of C-10s contentions into a new contention.2 On May 26, 2017, the Board granted NextEras motion, ordering the NRC Staff and C-10 to file any response to new arguments raised by Next Era in its reply within ten days, accompanied by 1 NextEra also filed an answer to the petition on May 5, 2017. See NextEras Answer Opposing C-10 Research & Education Foundations Petition for Leave to Intervene and Hearing Request on NextEra Energy Seabrook, LLCs License Amendment Request 16-03 (May 5, 2017).
2 NextEras Motion for Leave to File a Reply to NRC Staffs Answer to C-10s Petition for Leave to Intervene (May 12, 2017).
a motion seeking leave to file the response.3 On June 5, 2017, the NRC Staff timely filed a Motion for leave to respond to NextEras reply.4 In it, the NRC Staff argues that NextEra raised a number of new arguments that could not have been reasonably anticipated by the Staff in the NRC Staff Answer.5 As noted in our order granting NextEras motion, under 10 C.F.R. § 2.309(i), only the participant who filed a hearing request may file a reply to an answer, unless otherwise permitted by the Commission, Board, or presiding officer where necessity or fairness dictates.6 In this instance, given that the NRC Staff did not have an opportunity to address NextEras response to the arguments raised in the NRC Staff Answer, and that the Staffs Motion is unopposed, the Board grants the NRC Staffs Motion.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 6, 2017 3 Licensing Board Order (Granting NextEras Motion to File a Reply) (May 26, 2017) at 2 (unpublished) (hereinafter Order Granting NextEras Motion).
4 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 (June 5, 2017). The motion was accompanied by the NRC Staffs sur-reply. See NRC Staffs Sur-Reply to NextEras Reply to NRC Staffs Answer to C-10s Petition for Leave to Intervene (June 5, 2017). C-10 did not file a response to NextEras reply.
5 Id. at 2.
6 U.S. Dept of Energy (High-Level Waste Repository), CLI-08-12, 67 NRC 386, 393 (2008).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NEXTERA ENERGY SEABROOK, LLC ) Docket No. 50-443-LA-2 (Seabrook Station, Unit 1) )
)
(License Amendment) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting the NRC Staffs Motion to File a Reply to NextEras Responses) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 n Washington, DC 20555-0001 Washington, DC 20555-0001 ocaamail@nrc.gov Hearing Docket hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Ronald M. Spritzer, Chair Catherine Scott, Esq.
Administrative Judge Catherine.Scott@nrc.gov ronald.spritzer@nrc.gov Beth Mizuno, Esq.
beth.mizuno@nrc.gov Nicholas G. Trikouros Anita Ghosh, Esq.
Administrative Judge anita.ghosh@nrc.gov nicholas.trikouros@nrc.gov Brian Harris, Esq.
brian.harris@nrc.gov Dr. Sekazi K. Mtingwa Jeremy Wachutka, Esq.
Administrative Judge jeremy.wachutka@nrc.gov sezaki.mtingwa@nrc.gov John Tibbetts - Paralegal John.Tibbetts@nrc.gov OGC Mail Center: Members of this office have received a copy of this filing by EIE service.
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LA-2 ORDER (Granting the NRC Staffs Motion to File a Reply to NextEras Responses)
NextEra Energy Seabrook, LLC C-10 Research & Education Foundation 801 Pennsylvania Avenue, N.W., #220 44 Merrimac Street Washington, DC 20004 Newburyport, Mass. 01950 Steven C. Hamrick, Esq. Natalie Hildt Treat steven.hamrick@fpl.com natalie@c-10.org NextEra Energy Seabrook, LLC 700 Universe Boulevard Juno Beach, FL 33408 William Blair, Esq.
william.blair@fpl.com NextEra Energy Seabrook, LLC Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue NW Washington, DC 20004 Paul M. Bessette, Esq.
paul.bessette@morganlewis.com Ryan K. Lighty, Esq.
ryan.lighty@morganlewis.com
[Original signed by Brian Newell ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 6th day of June, 2017 2