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Category:Legal-Pleading
MONTHYEARML20279A4812020-10-0505 October 2020 C-10 Research and Education Foundation'S Reply to Oppositions to Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09 ML20272A2742020-09-28028 September 2020 Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply and Motion for Leave to File INT053 ML20254A2342020-09-10010 September 2020 Nextera'S Answer Opposing C-10 Motion for Leave and Motion for Partial Reconsideration of LBP-20-9 ML20254A2352020-09-10010 September 2020 Nextera'S Answer Opposing C-10 Motion to Reopen the Record for Consideration of Supplemental Testimony ML20244A3212020-08-31031 August 2020 C-10 Research and Education Foundation'S Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09 ML20244A3202020-08-31031 August 2020 C-10 Research and Education Foundation'S Motion for Leave to File Motion for Partial Reconsideration of LBP-20-09 ML20043E2542020-01-31031 January 2020 Redacted C-10 Research and Education'S Supplemental Proposed Findings of Fact and Conclusions of Law ML20031D6992020-01-31031 January 2020 NRC Staff Supplemental Proposed Findings of Fact and Conclusions of Law ML20031E7222020-01-31031 January 2020 NextEra Energy Seabrook Llc'S Supplemental Proposed Findings of Fact and Conclusions of Law ML19354C4482019-12-20020 December 2019 C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19353D4192019-12-19019 December 2019 C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19347D0672019-12-13013 December 2019 NextEra Energy Seabrook Llc'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML19347D0702019-12-13013 December 2019 NextEra Energy Seabrook Llc'S Responsive Proposed Findings of Fact and Conclusions of Law ML19333B9702019-11-29029 November 2019 Unopposed Motion for Extension of Time to Seek Leave to File Responsive Proposed Findings of Fact and Conclusions of Law ML20043E2522019-11-27027 November 2019 Redacted Corrected C-10 Research and Education Foundation'S Proposed Findings of Fact and Conclusions of Law ML19325D9092019-11-21021 November 2019 NRC Staff Proposed Findings of Fact and Conclusions of the Law for the Admitted Contention ML19325F3902019-11-21021 November 2019 NextEra Energy Seabrook Llc'S Proposed Findings of Fact and Conclusions of Law ML19310E2592019-11-0606 November 2019 Nextera'S Answer Opposing C-10's Third Motion for Leave to File Supplemental Testimony ML19304B3522019-10-31031 October 2019 C-10 Research and Education Foundation'S Response to ASLB Memorandum and Motion to Submit Additional Exhibits Regarding Petrographic Observations and Analyses of ASR at Seabrook ML19283A0362019-10-0909 October 2019 Nextera'S Answer Opposing C-10's Motions to Compel Production of Mineralogical Data and to Submit Additional Post-Hearing Testimony ML19272B3252019-09-30030 September 2019 C-10 Research and Education Foundation'S Motion to Compel Production of Mineralogy Data and Request for Opportunity to Submit Supplemental Written Testimony Regarding the Data ML19262K7512019-09-19019 September 2019 C-10 Research and Education Foundation'S Opposition to Nextera'S Second Motion in Limine ML19261B8802019-09-18018 September 2019 NRC Staff'S Answer to Nextera'S Motion in Limine ML19254F1582019-09-11011 September 2019 Appendix a Revised Exhibit List for September 2019 Evidentiary Hearing Exhibits ML19253D6782019-09-10010 September 2019 NRC Staff'S Answer to C-10's Motion to Supplement Rebuttal Testimony ML19252B3072019-09-0909 September 2019 NextEra Answer Opposing C-10 Motion for Leave to File Supplemental Rebuttal ML19252B2322019-09-0909 September 2019 Nextera'S Motion in Limine to Strike or Exclude Portions of C-10's Testimony and Exhibits ML19247D5932019-09-0404 September 2019 C-10 Research and Education Foundation'S Motion for Leave to File Supplemental Rebuttal Testimony ML19235A3172019-08-23023 August 2019 C-10 Research and Education Foundation, Inc. Rebuttal Statement of Position on C-10's Contentions Regarding Nextera'S Program for Managing ASR at Seabrook Station Nuclear Power Plant ML19235A3182019-08-23023 August 2019 Appendix a Revised Exhibit List ML19205A3412019-07-24024 July 2019 NRC Staff Initial Written Statement of Position ML19205A4882019-07-24024 July 2019 NextEra Energy Seabrook LLC Statement of Position and Certificate of Service ML19171A4012019-06-20020 June 2019 C-10 Research and Education Foundation'S Errata to Exhibit INT-001, Testimony of Dr. Victor E. Saouma ML19161A3722019-06-10010 June 2019 Appendix a Exhibit List ML19161A3712019-06-10010 June 2019 C-10 Research and Education Foundation, Inc. Initial Statement of Position on Contentions Re Nextera'S Program for Managing ASR at Seabrook Station ML19123A1912019-05-0303 May 2019 C-10 Research and Education Foundation'S Opposition to Nextera'S Motion in Limine ML19114A0762019-04-23023 April 2019 Nextera'S Motion in Limine to Exclude Testimony and Exhibits Regarding Structure Deformation Monitoring ML19105B2822019-04-15015 April 2019 Nextera'S Answer Opposing C-10's Motion Regarding Seabrook Station Site Tour ML19101A4082019-04-11011 April 2019 C-10 Research and Education Foundation'S Motion Regarding Seabrook Station Site Tour ML19064B4022019-03-0505 March 2019 Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply to Answers to C-10's Emergency Petition ML19064A6322019-03-0505 March 2019 Notice of Appearance for Jennifer E. Scro ML19060A3042019-03-0101 March 2019 C-10 Research and Education Foundation'S Reply to Oppositions by NextEra and NRC Staff to Emergency Petition for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License ML19060A3032019-03-0101 March 2019 C-10 Research and Education Foundation'S Motion for Leave to File Reply to Oppositions by NextEra and NRC Staff to Emergency Petition ML19056A5882019-02-25025 February 2019 NRC Staff Answer to C-10's Emergency Petition ML19056A5862019-02-25025 February 2019 Nextera'S Answer Opposing C-10 Emergency Petition ML19044A7702019-02-13013 February 2019 Exhibit 1 to Saouma Declaration: Curriculum Vitae for Dr. Victor E. Saouma ML19044A7682019-02-13013 February 2019 Emergency Petition by C-10 Research and Education Foundation for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License Amendment and License Renewal Decisions ML19044A7692019-02-13013 February 2019 Declaration of Victor E. Saouma, Ph.D ML19044A7722019-02-13013 February 2019 Exhibit 3 to Saouma Declaration: Sauoma, Experimental and Numerical Investigation of Alkali Silica Reaction in Nuclear Reactors, Final Summary Report ML19044A7732019-02-12012 February 2019 Exhibit 4a to Saouma Declaration: Introduction and Executive Summary 2020-09-28
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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 )
) April 15, 2019 (Seabrook Station Unit 1) )
)
NEXTERAS ANSWER OPPOSING C-10S MOTION REGARDING SEABROOK STATION SITE TOUR Pursuant to 10 C.F.R. § 2.323(c), NextEra Energy Seabrook, LLC (NextEra) hereby timely files this answer to C-10 Research and Education Foundations (C-10) Motion regarding a site tour of Seabrook Station (Motion).1 During the parties recent pre-hearing conference call (Call),2 the Atomic Safety and Licensing Board (Board) stated that a site tour would be helpful to the Board, and that the Board would provide further guidance to the Parties on this topic in the coming weeks. NextEra looks forward to hosting such a tour for the Board. However, because C-10 did not wait for the Boards guidancewhich is a necessary prerequisite for responding to the issues raised in the MotionNextEra respectfully opposes the Motion.
First, C-10 seeks to establish June 26 or 27 as the date for a tour.3 NextEra believes that it would be imprudent to establish a fixed date before the Board and other parties have had a chance to consider the various factors that would lead to an informed decision regarding the tour 1
C-10 Research and Education Foundations Motion Regarding Seabrook Station Site Tour (Apr. 11, 2019).
2 The call involved C-10, NextEra, and the U.S. Nuclear Regulatory Commission (NRC) Staff (collectively, Parties) and the Board, and occurred on April 4, 2019; the transcript is not yet available.
3 Motion at 1.
date. For example, the Board stated that it intends to circulate an itemized list of areas, equipment, etc., that it wishes to see on the tour by the end of April. That information will help inform the selection of an appropriate date for the tour, as matters such as ongoing safety-related work and personnel scheduling in certain areas of the plant must be taken into consideration.
C-10s Motion simply puts the cart before the horse.
Second, C-10s request to have four representatives attend the site tourone of them being its primary expert witnessmisapprehends the purpose of the site tour. As the Board noted on the Call, the purpose of the tour is primarily for the Boards benefit; it is not an opportunity for testifying witnesses to gather evidence to inform their testimony. Indeed, as opposed to other types of proceedings, 10 C.F.R. Part 2, Subpart L proceedings do not provide for entry on land discovery by experts.4 Likewise, the appropriate size of the tour group is a determination best left until after the Board has provided guidance on the areas of the plant to be visited. This will allow NextEra and the Board to make an informed decision on group size after considering all relevant information, including:
the primary purpose and permissible scope of the tour; the escort-to-visitor ratios imposed by site procedures; the time required to visit all tour areas; the potential for impacts to pre-planned plant operations from large groups of visitors; the desire to avoid unnecessary industrial safety risks involved with possible activities such as ladder climbing; and the regulatory objective of keeping radiological doses to persons as low as reasonably achievable (assuming the tour includes radiological areas).
4 Compare 10 C.F.R. §§ 2.707(a)(2), 2.1020 (permitting entry on land discovery in proceedings under Subparts G and J) with 10 C.F.R. Part 2, Subpart L (excluding a similar provision).
2
NextEra looks forward to working with the Board and the Parties regarding the requested tour. But, for the reasons stated above, C-10s Motion is simply premature and should be rejected.
Respectfully submitted, 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 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 Dated in Washington, DC This 15th day of April 2019 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 )
) April 15, 2019 (Seabrook Station Unit 1) )
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing NEXTERAS ANSWER OPPOSING C-10S MOTION REGARDING SEABROOK STATION SITE TOUR 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/ 103428852.1