ML19092A386
| ML19092A386 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 04/02/2019 |
| From: | Hawkens E Atomic Safety and Licensing Board Panel |
| To: | Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council, Southern Alliance for Clean Energy |
| SECY RAS | |
| References | |
| 50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 54907 | |
| Download: ML19092A386 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
E. Roy Hawkens, Chairman Dr. Michael F. Kennedy Dr. Sue H. Abreu In the Matter of Docket Nos. 50-250-SLR & 50-251-SLR FLORIDA POWER & LIGHT COMPANY ASLBP No. 18-957-01-SLR-BD01 (Turkey Point Nuclear Generating Units 3 and 4) April 2, 2019 ORDER (Granting in Part Intervenors Joint Motion for Partial Reconsideration of Initial Scheduling Order)
In the above-captioned proceeding, this Licensing Board granted hearing requests filed by (1) Southern Alliance for Clean Energy (SACE), and (2) Friends of the Earth, Inc., Natural Resources Defense Council, Inc. and Miami Waterkeeper, Inc. (collectively, Joint Intervenors),
challenging the subsequent license renewal application by Florida Power & Light Company (FPL) for two nuclear power reactors, Turkey Point Units 3 and 4, at FPLs facility near Homestead, Florida. See LBP-19-3, 89 NRC __ (2019).
On March 21, 2019, this Board issued an initial scheduling order that granted in part a motion filed jointly by SACE, Joint Intervenors, FPL, and the NRC Staff regarding the hearing schedule, mandatory disclosures, and hearing file obligations. See Licensing Board Order (Initial Scheduling Order) (Mar. 21, 2019) (unpublished).
On March 26, 2019, SACE and Joint Intervenors filed a joint motion requesting a modest change to the deadline for submitting dispositive motions based on the draft supplemental
environmental impact statement (DSEIS), from 30 days after the issuance of the DSEIS1 to 30 days after issuance of the DSEIS or Initial Disclosures, whichever date is later.2 See Intervenors Joint Motion for Partial Reconsideration of Initial Scheduling Order at 3 (Mar. 26, 2019). The NRC Staff declined to take a position on the motion. See id. at 4. FPL opposed the motion, arguing that SACE and Joint Intervenors failed to provide an adequate justification for changing the deadline. See Answer Opposing Intervenors Joint Motion for Partial Reconsideration of Initial Scheduling Order at 3, 4 (Mar. 28, 2019).
We conclude that the request by SACE and Joint Intervenors for a schedule change is adequately supported, and we grant it in part. We revise the deadline for submitting dispositive motions based on the DSEIS to 10 days after Initial Disclosures. Answers supporting or opposing such motions are due 30 days after Initial Disclosures.
For the parties convenience, the scheduling order, as revised, is provided below:
1 The scheduling deadline for the filing of dispositive motions based on the DSEIS was not included in the parties joint motion proposing a hearing schedule. Rather, we included it sua sponte.
2 When we issued the initial scheduling order, the NRC Staff had not yet issued the DSEIS. The Staff issued it on March 29, 2019. See Office of Nuclear Reactor Regulation, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Second Renewal, Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4, Draft Report for Comment, NUREG-1437 (Mar. 2019) (ADAMS Accession No. ML19078A330). Pursuant to the parties agreement, the Initial Disclosures are due on May 10, 2019.
May 10, 2019 Initial Disclosures Due (I) (Disclosures shall be supplemented by each party on the last working day of each month thereafter.)
I + 10 Deadline for dispositive motions based on DSEIS.
I + 30 Deadline for answer supporting or opposing a dispositive motion.
I + 45 Deadline for new (N) or amended contentions based on DSEIS.
N + 25 Answers to new or amended contentions based on DSEIS.
N + 32 Replies to answers to new or amended contentions based on DSEIS.
N + 77 Board Order on admission of new or amended contentions based on DSEIS (if oral argument or supplemental briefing is not required).
Issuance of FSEIS (F) (expected August 2019)
YES NO [NEW OR AMENDED CONTENTIONS ON FSEIS]
F + 30 --- Deadline for new or amended contentions based on FSEIS.
F + 55 --- Answers to new or amended contentions based on FSEIS.
F + 62 --- Replies to answers to new or amended contentions based on FSEIS.
F + 107 --- Board Order (O) on admission of new or amended contentions based on FSEIS (if oral argument or supplemental briefing is not required).
O + 14 F + 44 Complete mandatory disclosures.3 O + 30 F + 60 Deadline for dispositive motions based on FSEIS.
O + 50 F + 80 Deadline for answer supporting or opposing a dispositive motion.
O + 70 F + 100 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)].
O + 110 F + 140 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)].
O + 125 F + 155 Proposed questions for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) & (ii)].
O + 150 F + 180 Evidentiary Hearing (HRG).
HRG + 24 Deadline for proposed findings of fact & conclusions of law.
[later of HRG or Initial Decision.
close of record] + 90 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 2, 2019 3 We note that the duty to disclose is continuing and only ends when the [Board] issues a decision resolving the contention, or at such other time as may be specified by the [Board] or the Commission. 10 C.F.R. § 2.336(d).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-SLR
) 50-251-SLR (Turkey Point Nuclear Generating )
Units 3 & 4)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting in Part Intervenors Joint Motion for Partial Reconsideration of Initial Scheduling Order) have been served upon the following persons by Electronic Information.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Anita Ghosh, Esq.
Brian Harris, Esq.
U.S. Nuclear Regulatory Commission Esther R. Houseman Office of the Secretary of the Commission David E. Roth, Esq.
Mail Stop: O-16B33 Sherwin E. Turk, Esq.
Washington, DC 20555-0001 Jeremy L. Wachutka, Esq.
E-mail: hearingdocket@nrc.gov Mitzi A. Young, Esq.
Krupskaya T. Castellon, Paralegal Atomic Safety and Licensing Board Panel E-mail: Anita.Ghosh@nrc.gov U.S. Nuclear Regulatory Commission Brian.Harris@nrc.gov Washington, DC 20555-0001 Esther.Houseman@nrc.gov E. Roy Hawkens, Chairman David.Roth@nrc.gov Sue Abrue, Administrative Judge Sherwin.Turk@nrc.gov Taylor A. Mayhall, Law Clerk Jeremy.Wachutka@nrc.gov Joseph D. McManus, Law Clerk Mitzi.Young@nrc.gov E-mail: Roy.Hawkens@nrc.gov Krupskaya.Castellon@nrc.gov Sue.Abrue@nrc.gov Taylor.Mayhall@nrc.gov Florida Power & Light Company Joseph.McManus@nrc.gov 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-SLR ORDER (Granting in Part Intervenors Joint Motion for Partial Reconsideration of Initial Scheduling Order)
Morgan, Lewis & Bockius LLP Monroe County, Florida 1111 Pennsylvania Ave., N.W. Derek Howard, Esq.
Washington, DC 20004 Assistant Monroe County Attorney Paul M. Bessette, Esq. 1111 12th Street, Suite 408 Ryan K. Lighty, Esq. Key West, FL 33040 Martin J. ONeill E-mail: howard-derek@monroecounty-fl.gov E-mail: Paul.Bessette@morganlewis.com Ryan.Lighty@morganlewis.com Martin.Oneill@mrganlewis.com Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 Geoffrey H. Fettus Caroline Reiser E-mail: gfettus@nrdc.org creiser@nrdc.org Southern Alliance for Clean Energy 1725 DeSales Street N,W., Suite 500 Washington, DC 20036 Diane Curran Harmon, Curran, Spielberg, & Eisenberg, LLP E-mail: dcurran@harmoncurran.com Counsel for Miami Waterkeeper, Inc.
The Super Law Group 180 Maiden Lane, Suite 601 New York, NY 10038 Edan Rotenberg, Esq.
Email: edan@superlawgroup.com
[Original signed by Clara Sola ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 2nd day of April, 2019 2