Intervenors' Opposition to Florida Power & Light Company'S Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answer to Intervenors' Waiver PetitionML19221B673 |
Person / Time |
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Site: |
Turkey Point |
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Issue date: |
08/09/2019 |
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From: |
Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council, Vermont Law School |
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To: |
NRC/OCM |
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SECY RAS |
References |
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50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55154 |
Download: ML19221B673 (4) |
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Category:Legal-Pleading
MONTHYEARML24023A2072024-01-23023 January 2024 Miami Waterkeepers Response in Opposition to Florida Power & Light Companys Motion to Strike Portions of Miami Waterkeepers Reply ML24008A2932024-01-0808 January 2024 Reply in Support of Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper ML23356A1622023-12-22022 December 2023 NRC Staff Answer Opposing Miami Waterkeeper Hearing Request ML23356A1562023-12-22022 December 2023 Florida Power and Light Company'S Answer Opposing Miami Waterkeeper'S Hearing Request and Petition for Leave to Intervene ML23352A3282023-12-18018 December 2023 Florida Power and Light Company'S Answer Opposing Miami Waterkeeper'S Second Extension Request ML23306A2862023-11-0202 November 2023 Answer in Opposition to Miami Waterkeeper Extension Request ML22090A2482022-03-31031 March 2022 NRC Staff'S Response to Views on Practical Effects ML22090A2102022-03-31031 March 2022 Florida Power and Light Company'S Response to Other Parties' Views on License Status as Requested in Commission Order CLI-22-02 ML22080A2722022-03-21021 March 2022 Superseded License ML22080A2332022-03-21021 March 2022 Views on License Status as Requested in Commission Order CLI-22-02 ML22080A2702022-03-21021 March 2022 NRC Staff Views on the Practical Effects of (1) the Subsequent Renewed Licenses Continuing in Place and (2) the Previous Licenses Being Reinstated ML22080A2712022-03-21021 March 2022 Turkey Pont, Unit 3, Superseded License ML20043F4402020-02-12012 February 2020 Notice of Withdrawal of Martin J. O'Neill ML19347D4582019-12-13013 December 2019 NRC Staff'S Brief in Response to Intervenors' Petition for Review of LBP-19-8 ML19347D0342019-12-13013 December 2019 Florida Power & Light Company'S Answer Opposing Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of LBP-19-8 ML19344D1332019-12-10010 December 2019 Notice of Appearance for Mary Frances Woods ML19322D6232019-11-18018 November 2019 Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of the Atomic Safety and Licensing Board'S Ruling in LBP-19-08 ML19263D9092019-09-20020 September 2019 Reply of Friends of the Earth, Natural Resources Defense Council and Miami Waterkeeper in Support of Petition for Review of the Aslb'S Rulings in LBP-19-3 and LBP-19-06 ML19253E1182019-09-10010 September 2019 Florida Power and Light Company'S Answer Opposing Intervenors' Petition for Review of LBP-19-3 and LBP-19-6 ML19253E0512019-09-10010 September 2019 NRC Staff Answer to Petition for Review of LBP-19-3 and LBP-19-6 ML19226A3842019-08-14014 August 2019 Corrected Intervenors' Opposition to Florida Power & Light Co., Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answer to Intervenors' Waiver Petition ML19221B6772019-08-0909 August 2019 Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of the Atomic Safety and Licensing Board'S Rulings in LBP-19-3 and LBP-19-06 ML19221B6732019-08-0909 August 2019 Intervenors' Opposition to Florida Power & Light Company'S Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answer to Intervenors' Waiver Petition ML19214A0872019-08-0202 August 2019 Florida Power & Light Company'S Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answers to Their Waiver Petition ML19203A3502019-07-22022 July 2019 Errata to NRC Staff'S Answer to Joint Intervenors' (1) Amended Motion to Migrate or Amend Contentions 1E and 5E and to Admit Four New Contentions, and (2) Petition for Waiver. ML19200A2972019-07-19019 July 2019 Florida Power & Light Company'S Answer Opposing Intervenors' Motion to Migrate or Amend Contentions 1-E and 5-E and to Admit New Contentions 6-E, 7-E, 8-E, and 9-E ML19200A3002019-07-19019 July 2019 NRC Staff'S Answer to Joint Intervenors' (1) Amended Motion to Migrate or Amend Contentions 1-E and 5-E and to Admit Four New Contentions, and (2) Petition for Waiver ML19200A2982019-07-19019 July 2019 Florida Power & Light Company'S Answer to Intervenors' Petition for Waiver of Certain 10 C.F.R. Part 51 Regulations ML19179A3132019-06-28028 June 2019 Errata to Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Motion to Migrate Contentions & Admit New Contentions in Response to NRC Staff'S Supplemental Draft Environmental Impact Statement ML19175A3112019-06-24024 June 2019 Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Petition for Waiver of 10 CFR 51.53(C)(3) and 51.71(D) and 10 CFR Part 51, Subpart a, Appendix B ML19175A3122019-06-24024 June 2019 Declaration of Kenneth Rumelt in Support of Waiver Petition ML19161A3602019-06-10010 June 2019 Joint Petitioners' Answer Opposing Fpl'S Motion to Dismiss Joint Petitioners' Contention 1-E as Moot ML19161A2522019-06-10010 June 2019 NRC Staff'S Answer to Fpl'S Motions to Dismiss ML19161A3612019-06-10010 June 2019 Joint Petitioners' Answer Opposing Fpl'S Motion to Dismiss Joint Petitioners' Contention 5-E as Moot ML19140A3562019-05-20020 May 2019 Fpl'S Motion to Dismiss Joint Petitioners' Contention 5-E as Moot ML19140A3552019-05-20020 May 2019 Fpl'S Motion to Dismiss Joint Petitioners' Contention 1-E as Moot ML19130A1632019-05-10010 May 2019 Intervenors' Initial Mandatory Disclosure Report Under 10 C.F.R. 2.336 ML19116A2722019-04-26026 April 2019 NRC Staff'S Brief in Response to Florida Power and Light Company Appeal ML19099A3142019-04-0909 April 2019 Sace Notice of Withdrawal ML19091A3022019-04-0101 April 2019 FPL Notice of Appeal and Brief in Support of Appeal of LBP-19-3 ML19087A3072019-03-28028 March 2019 FPL Answer Opposing Intervenors' Joint Motion for Partial Reconsideration of Initial Scheduling Order ML19085A3312019-03-26026 March 2019 Intervenors' Joint Motion for Partial Reconsideration of Initial Scheduling Order ML19078A3022019-03-19019 March 2019 Joint Motion Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations ML19025A2732019-01-25025 January 2019 NRC Staff'S Answer to Petitioners' Motion for Leave to Respond to Applicant'S Response to the NRC Staff'S Clarification ML19022A0262019-01-22022 January 2019 Applicant'S Answer to Petitioners' Joint Motion for Leave to Respond to Applicant'S Response to the NRC Staff'S Clarification ML19007A3112019-01-0707 January 2019 Applicant'S Response to NRC Staff'S Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions ML19007A2662019-01-0707 January 2019 Petitioners' Response to NRC Staff Clarification ML18354B1462018-12-20020 December 2018 Joint Motion for Correction of the Transcript of the Oral Argument Held on December 4, 2018 ML18352B2102018-12-18018 December 2018 NRC Staff'S Clarification of Its Views Regarding the Admissibility of Joint Petitioners' Contention 1-E and Sace Contention 2 (Alternative Cooling Systems) ML18306A9552018-11-0202 November 2018 NRC Staff'S Response to the Applicant'S Surreply and the Petitioners' Response, Regarding the Applicability of 10 C.F.R. 51.53(c)(3) to Subsequent License Renewal Applications 2024-01-08
[Table view] |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of ) Docket Nos. 50-250 & 50-251
)
FLORIDA POWER & LIGHT COMPANY ) ASLBP No. 18-957-01-SLR-DB01
)
(Turkey Point Nuclear Generating Station, ) August 9, 2019 Unit Nos. 3 and 4) )
)
(Subsequent License Renewal Application) )
INTERVENORS OPPOSITION TO FLORIDA POWER & LIGHT COMPANYS MOTION TO STRIKE INTERVENORS REPLY TO FPLS AND NRC STAFFS ANSWER TO INTERVENORS WAIVER PETITION The Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (Intervenors) hereby oppose Florida Power & Light Co.s (Applicant) August 2, 2019 Motion to Strike.1 As indicated in its Motion to Strike, the NRC Staff does not join Applicant in this motion, though it does not oppose it.2 Applicant asserts that the NRC does not authorize a petitioner to file a reply in a waiver petition proceeding.3 However, it cites no decision or regulation that squarely support this contention. Rather, it cites 10 C.F.R. § 2.323(c) for the proposition that a party filing a motion 1
Florida Power & Light Companys Motion to Strike Intervenors Reply to FPLs and NRC Staffs Answers to Their Waiver Petition (Aug. 2, 2019) (ML19214A087).
2 Id. at 3.
3 Id. at 2-3.
1
generally has no right to reply.4 This argument has not merit because Intervenors Waiver Petition is not governed by §2.323; it is governed by §2.335, which is silent on this topic.5 Under Applicants own logic, the rules do not prohibit petitioners seeking a waiver under §2.335 from filing a reply because it is clear that when the Commission intends to [prohibit] a reply, it explicitly [prohibits] such filings.6 The rules explicitly prohibit replies in motion practice, but not for waiver petitions. Thus, Applicants arguments fall flat.
Even if there were a rule generally prohibiting replies in waiver petition proceedings, the Commission should exercise its authority to consider Intervenors Waiver Reply. The Waiver Petition raises significant issues that affect this proceeding and future ones. This is made clear by the Judge Abreus vigorous dissent in LBP-19-3. 7 Intervenors agree with Judge Abreu in that the rule at issue in the Petition, 10 C.F.R. § 51.53(c)(3), does not apply to subsequent license renewal proceedings and therefore should not require a waiver. That is because the text, structure, and history of the rule demonstrate that it does not apply to such proceedings.8 Intervenors nevertheless filed the instant Waiver Petition out of an abundance of caution.
Intervenors have placed an important legal issue before the Commission, which can only benefit 4
Id. at 3.
5 Section 2.335 also does not require a petitioner to consult with other parties before filing.
6 See Mot. to Strike at 3.
7 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019)
(slip op.)
8 Id. at 89 __,___ (slip op. at 1-17) (Abreu, dissenting).
2
from a full and complete understanding of the issues. As Applicants Motion to Strike notes, Intervenors have no objection should Applicant wish to file a sur-reply.
For the foregoing reasons, Intervenors respectfully request that the Commission deny Applicants Motion to Strike.
Respectfully submitted,
/s/ Ken Rumelt /s/ Geoffrey Fettus Kenneth J. Rumelt Geoffrey Fettus Environmental & Natural Resources Law Clinic /s/ Caroline Reiser Vermont Law School Caroline Reiser 164 Chelsea Street, PO Box 96 Natural Resources Defense Council South Royalton, VT 05068 1152 15th Street, NW, Suite 300 802-831-1031 Washington, DC 20005 krumelt@vermontlaw.edu 202-289-2371 Counsel for Friends of the Earth gfettus@nrdc.org creiser@nrdc.org Counsel for Natural Resources Defense Council
/s/ Richard Ayres /s/ Kelly Cox Richard E. Ayres Kelly Cox Ayres Law Group Miami Waterkeeper 2923 Foxhall Road, N.W. 2103 Coral Way 2nd Floor Washington, D.C. 20016 Miami, FL 33145 202-722-6930 305-905-0856 ayresr@ayreslawgroup.com kelly@miamiwaterkeeper.org Counsel for Friends of the Earth Counsel for Miami Waterkeeper August 9, 2019 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the Matter of ) Docket Nos. 50-250 & 50-251
)
FLORIDA POWER & LIGHT COMPANY ) ASLBP No. 18-957-01-SLR-DB01
)
(Turkey Point Nuclear Generating Station, ) August 9, 2019 Unit Nos. 3 and 4) )
)
(Subsequent License Renewal Application) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing Intervenors Opposition to Florida Power & Light Companys Motion to Strike Intervenors Reply FPLs and NRC Staffs Answer to Intervenors Waiver Petition was filed on the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding.
/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth