ML17293A173

Joint Motion Regarding Mandatory Disclosures and Hearing File Obligations

ML17293A173
Person / Time
Site:	Seabrook
Issue date:	10/20/2017
From:	Bessette P, Blair W, Hamrick S, Lighty R Morgan, Morgan, Lewis & Bockius, LLP, NextEra Energy Seabrook
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-443 LA-2, ASLBP 17-953-02-LA-BD01, RAS 54001
Download: ML17293A173 (5)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of: )

) Docket No. 50-443-LA-2 NEXTERA ENERGY SEABROOK, LLC )

) October 20, 2017 (Seabrook Station Unit 1) )

)

JOINT MOTION REGARDING MANDATORY DISCLOSURES AND HEARING FILE OBLIGATIONS Pursuant to 10 C.F.R. § 2.323, and the Atomic Safety and Licensing Boards (Board) recent decision in LBP-17-7,1 NextEra Energy Seabrook, LLC (NextEra), C-10 Research &

Education Foundation, Inc. (C-10), and the U.S. Nuclear Regulatory Commission Staff (NRC Staff) (collectively, the Parties)2 request that the Board grant this joint motion regarding general discovery under 10 C.F.R. § 2.336 (i.e., mandatory disclosures) and the hearing file required under 10 C.F.R. § 2.1203.

In lieu of the default schedule and disclosure protocol in 10 C.F.R. Part 2, the Parties have unanimously agreed to, and request Board approval of, the following schedule and disclosure protocol for this proceeding:

1 NextEra Energy Seabrook, LLC (Seabrook Station Unit 1), LBP-17-7, 86 NRC __ (slip op.) (Oct. 6, 2017).

2 This description of the NRC Staff as a party does not formally indicate that it intends to participate as a Party. The NRC Staff will provide a notice regarding whether it intends to participate as a Party in accordance with 10 C.F.R. § 2.1202(b).

1

1. Initial disclosures shall be provided on January 4, 2018,3 and supplemented on the last working day of each month thereafter;

2. The Parties are not required to identify or produce privileged documents (e.g., attorney-client communications, attorney work product, deliberative process). However, the Parties will identify proprietary documents;4

3. The Parties are not required to identify or produce any document that has been served on the other Parties to this proceeding;

4. The Parties are not required to identify or produce press clippings;

5. The Parties are not required to identify or produce draft documents (including comments on drafts, resolutions of comments, draft transmittals, or similar documents). However, NextEra will identify available drafts of test reports prepared as part of the alkali-silica reaction (ASR) testing performed at the Ferguson Structural Engineering Laboratory (FSEL) for NextEra, and the Parties will identify (and produce, if requested) any relevant final revisions of documents, i.e., Rev. 1, Rev. 2.

6. The NRC Staff will identify all relevant documents available via the NRCs website or the NRCs Agencywide Documents Access and Management System (ADAMS), as required by 10 C.F.R. §§ 2.336(b) and 2.1203. The Parties are not otherwise required to identify or produce documents available via the NRCs website or ADAMS.

7. The Parties are not required to produce documents that are publicly available. However, the Parties will identify such documents (other than documents available via the NRCs website or ADAMS, which are covered in item 6, above), along with information regarding the location of such documents (e.g., web address).

3 The Parties jointly request this date for several reasons, including the large volume of documents from the large-scale testing program, personnel availability through the upcoming holidays, and competing obligations for NRC Staff counsel. Given the current schedule for issuance of the Safety Evaluation Report on the challenged license amendment, the brief 60-day extension envisioned by the Parties is not expected to delay resolution of this proceeding. See Transcript of Oral Argument on Standing and Contention Admissibility at 60 (June 29, 2017) (NRC Staff counsel noting the anticipated time for when the staff might make a decision on this license amendment is towards the fall of 2018.).

4 Any request for production of proprietary documents would be governed by the terms of an appropriate protective order to be issued by the Board. Within 14 days of the initial disclosures, the Parties will submit joint or separate proposals for the Boards consideration regarding the issuance of a protective order.

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8. If an identical document is found in multiple locations or in multiple formats (e.g., hardcopy and electronic), the Parties are only required to identify or produce one instance of the document; and

9. All required productions shall be provided in a text-searchable electronic format, to the extent practicable.

The Parties respectfully request the Board approve the above schedule and disclosure protocol, upon which the Parties have unanimously agreed, for this proceeding.

Respectfully submitted,5 Executed in Accord with 10 C.F.R. § 2.304(d) Executed in Accord with 10 C.F.R. § 2.304(d)

Steven Hamrick, Esq. Paul M. Bessette, Esq.

NextEra Energy Seabrook, LLC Morgan, Lewis & Bockius LLP 801 Pennsylvania Ave., NW Suite 220 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Washington, D.C. 20004 Phone: (202) 349-3496 Phone: (202) 739-5796 Fax: (202) 347-7076 Fax: (202) 739-3001 E-mail: steven.hamrick@fpl.com E-mail: paul.bessette@morganlewis.com Executed in Accord with 10 C.F.R. § 2.304(d) Signed (electronically) by Ryan K. Lighty William S. Blair, Esq. Ryan K. Lighty, Esq.

NextEra Energy Seabrook, LLC Morgan, Lewis & Bockius LLP 700 Universe Blvd. 1111 Pennsylvania Avenue, N.W.

Juno Beach, FL 33408 Washington, D.C. 20004 Phone: (561) 304-5238 Phone: (202) 739-5274 Fax: (561) 304-5366 Fax: (202) 739-3001 E-mail: william.blair@fpl.com E-mail: ryan.lighty@morganlewis.com Counsel for NextEra Energy Seabrook, LLC Dated in Washington, DC this 20th day of October 2017 5

C-10 and the NRC Staff have authorized NextEra to file this joint motion on their behalf.

3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of: )

) Docket No. 50-443-LA-2 NEXTERA ENERGY SEABROOK, LLC )

) October 20, 2017 (Seabrook Station Unit 1) )

)

CONSULTATION CERTIFICATION Pursuant to 10 C.F.R. § 2.323(b), I certify that NextEra made a sincere effort to contact the other participants in this proceeding and resolve the issues raised in the above motion. All participants have joined this motion.

Executed in Accord with 10 C.F.R. § 2.304(d)

Paul M. Bessette, Esq.

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: (202) 739-5796 Fax: (202) 739-3001 E-mail: paul.bessette@morganlewis.com Counsel for NextEra Energy Seabrook, LLC

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of: )

) Docket No. 50-443-LA-2 NEXTERA ENERGY SEABROOK, LLC )

) October 20, 2017 (Seabrook Station Unit 1) )

)

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing Joint Motion Regarding Mandatory Disclosures and Hearing File Obligations was served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding.

Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: (202) 739-5274 Fax: (202) 739-3001 E-mail: ryan.lighty@morganlewis.com Counsel for NextEra Energy Seabrook, LLC DB1/ 94000856.2