ML17299A530

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Order (Identifying Hearing Procedures, Requesting Information Related to Scheduling, and Deferring Deadlines for Production of Initial Disclosures and the Hearing File)
ML17299A530
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 10/26/2017
From: Ronald Spritzer
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-443 LA-2, ASLBP 17-953-02-LA-BD01, RAS 54007
Download: ML17299A530 (5)


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-LA-2 NEXTERA ENERGY SEABROOK, LLC ASLBP No. 17-953-LA-BD01 (Seabrook Station Unit 1) October 26, 2017 Order (Identifying hearing procedures, requesting information related to scheduling, and deferring deadlines for production of initial disclosures and the hearing file)

In accordance with 10 C.F.R. § 2.310(a), and in the absence of a request for a different hearing procedure, the Board has determined that the simplified hearing procedures of Subpart L of 10 C.F.R. Part 2 will govern this proceeding.

To develop a scheduling order for the remainder of this proceeding in accordance with 10 C.F.R. § 2.332, the Board will hold a teleconference with the parties. The Board requests that on or before Tuesday, November 7, each party contact Board law clerk Sarah Ladin at sarah.ladin@nrc.gov and provide times (Eastern Time) at which its representative will be available for a teleconference on Monday, November 27, Tuesday, November 28, and Wednesday, November 29. The Board anticipates that this conference will last approximately one hour.

Before the conference call, the parties should confer to develop a proposed schedule with suggested deadlines based on the issuance of the Staffs Safety Evaluation (for example, thirty days after the issuance of the Safety Evaluation). The proposed schedule should include deadlines for:

(i) Filing new or amended contentions; (ii) Filing motions for summary disposition; (iii) Filing written direct testimony, rebuttal testimony, and exhibits; and (iv) An evidentiary hearing.

The parties should use the model milestones in Appendix B to 10 C.F.R. Part 2 that apply to hearings conducted under Subpart L as a starting point for discussion. The proposed schedule should also take into account the applicable requirements of 10 C.F.R. §§ 2.336 and 2.1203, and the objectives listed in 10 C.F.R. § 2.329(b). Any proposal should provide two alternative schedules, one in which new or amended contentions are filed, and one in which they are not. If the parties are able to agree upon a proposed schedule, a joint proposal should be submitted to the Board no later than 5 p.m. EDT, three (3) business days before the date selected for the scheduling conference call. In the event that the parties are unable to agree, each party should file its own proposed schedule by the same date and time.

The Board, having received the Joint Motion Regarding Mandatory Disclosures and Hearing File Obligations from the parties,1 defers all deadlines for production of initial disclosures and the hearing file pending issuance of the Boards scheduling order. The Board anticipates issuing a scheduling order no later than November 30, 2017.

We also request that, before the conference call, the Staff provide the Board and the parties with its best current estimate of the timeline of the Staffs Safety Evaluation, and any other Staff actions that may affect the scheduling of this proceeding.

Once the Board has received scheduling information from the parties, it will provide notice regarding the date and time of the conference and the Boards law clerk will provide dial-in instructions. Members of the public or media who wish to listen to the call may do so, and should contact Sarah Ladin at (301) 415-5277 for the listen-in number.

1 Joint Motion Regarding Mandatory Disclosures and Hearing File Obligations (Oct. 20, 2017).

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 26, 2017

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 (Identifying Hearing Procedures, Requesting Information Related to Scheduling, and Deferring Deadlines for Production of Initial Disclosures and the Hearing File) 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 Anita Ghosh, Esq.

anita.ghosh@nrc.gov Nicholas G. Trikouros Brian Harris, Esq.

Administrative Judge brian.harris@nrc.gov nicholas.trikouros@nrc.gov Jeremy Wachutka, Esq.

jeremy.wachutka@nrc.gov Dr. Sekazi K. Mtingwa John Tibbetts - Paralegal Administrative Judge John.Tibbetts@nrc.gov sezaki.mtingwa@nrc.gov OGC Mail Center: Members of this office have Sarah Ladin, Law Clerk received a copy of this filing by EIE service.

sarah.ladin@nrc.gov

NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LA-2 ORDER (Identifying Hearing Procedures, Requesting Information Related to Scheduling, and Deferring Deadlines for Production of Initial Disclosures and the Hearing File)

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 26th day of October, 2017 2