ML19015A316
ML19015A316 | |
Person / Time | |
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Site: | Turkey Point ![]() |
Issue date: | 01/15/2019 |
From: | Ayres R, Cox K, Fettus G, Rumelt K Ayres Law Group, LLP, Freudenburg & Associates, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council, Southern Alliance for Clean Energy, Vermont Law School |
To: | Atomic Safety and Licensing Board Panel |
SECY RAS | |
References | |
50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 54754 | |
Download: ML19015A316 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Station, Unit Nos.
3 and 4)
(Subsequent License Renewal Application)
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Docket No. 50-250 Docket No. 50-251 January 15, 2019 PETITIONERS MOTION FOR LEAVE TO RESPOND TO APPLICANTS RESPONSE TO THE NRC STAFFS CLARIFICATION REGARDING THE ADMISSIBILITY OF PROPOSED COOLING TOWER CONTENTIONS Pursuant to 10 C.F.R. § 2.323(a), Friends of the Earth, Inc., Natural Resources Defense Council, Inc., Miami Waterkeeper, Inc., and Southern Alliance for Clean Energy (SACE)
(collectively, Petitioners) file this joint motion for leave to respond to Florida Power & Light Companys (Applicants or FPLs) Response to the NRC Staffs Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions (filed Jan. 7, 2018) (Applicants Response).1 Necessity and fairness require an opportunity for Petitioners to respond to new arguments made in Applicants Response, as explained below and in the proposed Response attached hereto.2 1 Applicants Response to the NRC Staffs Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions (Jan. 7, 2018) (ML19007A311) (Applicants Response).
2 Petitioners Response to Applicants New Arguments on the Admissibility of Petitioners Cooling Tower Contentions (attached hereto).
2 DISCUSSION The Commission has explained that extra filings such as surreplies, while not explicitly permitted by NRC regulations, may be considered on a case-by-case basis where necessity or fairness dictates.3 Here, necessity and fairness weigh in favor of providing Petitioners an opportunity to respond new arguments in Applicants Response because: (1) FPL makes a number of arguments that materially differ from arguments asserted in its prior filings, (2)
Petitioners have not had an opportunity to respond to these arguments, and (3) Petitioners response is necessary for a complete record. Petitioners seek leave to file a response that is narrowly tailored to address only those issues that FPL raised for the first time in its January 7, 2019 filing, including mischaracterizations of the record.
In Applicants Response, FPL makes a number of new arguments regarding the admissibility of Joint Petitioners Contention 1-E and SACE Contention 2 (Alternative Cooling Systems). Among other new arguments, FPL claims for the first time that NEPA requires consideration of a cooling towers alternative only if: (1) there is a reasonably likely, otherwise-unmitigated impact not bounded by the existing mitigation discussion, and (2) cooling towers would be a proportional response to that otherwise-unmitigated impact.4 This new FPL-proposed test differs in material respects from those raised in FPLs earlier filings, and Petitioners should be afforded an opportunity to respond to it. Petitioners seek leave to respond to additional new arguments asserted in Applicants Response, as detailed in the attached 3 U.S. Dept of Energy (High-Level Waste Repository), CLI-08-12, 67 N.R.C. 386, 393 (2008).
4 Applicants Response at 5 (internal footnotes and case citations omitted).
3 proposed Response.
Accordingly, Petitioners respectfully request the Board grant leave to file Petitioners proposed Response to Applicants Response to the NRC Staffs Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions, attached hereto.
Respectfully submitted,
/s/ Richard Ayres
/s/ Geoffrey H. Fettus Richard Ayres Geoffrey H. Fettus AYRES LAW GROUP LLP NATURAL RESOURCES DEFENSE COUNCIL 1401 K Street, NW, Suite 850 1152 15th Street, NW, Suite 300 Washington, DC 20005 Washington, DC 20005 202-744-6930 202-289-2371 ayresr@ayreslawgroup.com gfettus@nrdc.org Counsel for Natural Resources Defense Council
/s/ Ken Rumelt
/s/ Kelly J. Cox Ken Rumelt Kelly J. Cox Vermont Law School Miami Waterkeeper 164 Chelsea Street, PO Box 96 2103 Coral Way, 2nd Floor South Royalton, VT 05068 Miami, FL 33145 802-831-1000 (305) 905-0856 krumelt@vermontlaw.edu kelly@miamiwaterkeeper.org Counsel for Friends of the Earth Counsel for Miami Waterkeeper Filed this 15th day of January, 2019
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Station, Unit Nos.
3 and 4)
(Subsequent License Renewal Application)
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Docket No. 50-250 Docket No. 50-251 January 15, 2019 CERTIFICATE OF CONSULTATION Pursuant to 10 C.F.R. § 2.323(b), Counsel for Southern Alliance for Clean Energy, Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper (collectively Petitioners) certify that under they contacted Florida Power & Light Company (FPL) and the U.S. Nuclear Regulatory Commission (NRC) Staff in a sincere effort to obtain their consent to the relief requested in this Motion. Counsel for FPL and NRC Staff represented that they oppose Petitioners Motion for Leave to Respond to Applicants Response and indicated that FPL and NRC Staff intend to file a response to the motion.
/Signed (electronically) by/
Geoffrey H. Fettus Senior Attorney Natural Resources Defense Council 1152 15th Street, N.W., Suite 300 Washington, D.C. 20005 (202) 289-2371 gfettus@nrdc.org Counsel for Natural Resources Defense Council January 15, 2019
5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Station, Unit Nos.
3 and 4)
(Subsequent License Renewal Application)
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)
)
)
)
)
)
)
Docket No. 50-250 Docket No. 50-251 January 15, 2019 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing Motion for Leave to Respond to Applicants Response to the NRC Staffs Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions was served upon the Electronic Information Exchange (EIE, the NRCs E-Filing System), in the above-captioned docket, which to the best of my knowledge resulted in transmittal of same to those on the EIE Service List for the captioned proceeding.
/Signed (electronically) by/
Geoffrey H. Fettus Senior Attorney Natural Resources Defense Council 1152 15th Street, N.W., Suite 300 Washington, D.C. 20005 (202) 289-2371 gfettus@nrdc.org Counsel for Natural Resources Defense Council January 15, 2019