ML19224C096
| ML19224C096 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/12/2019 |
| From: | Ronald Spritzer Atomic Safety and Licensing Board Panel |
| To: | Sekazi Mtingwa, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-443 LA-2, ASLBP-17-953-02-LA-BD01, RAS 55160 | |
| Download: ML19224C096 (6) | |
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 K. Mtingwa In the Matter of Docket No. 50-443-LA-2 NEXTERA ENERGY SEABROOK, LLC ASLBP No. 17-953-02-LA-BD01 (Seabrook Station, Unit 1) August 12, 2019 ORDER (Scheduling Pre-Hearing Teleconference and Providing Instructions)
The Atomic Safety and Licensing Board (Board) has scheduled an evidentiary hearing in the above-captioned proceeding beginning on Tuesday, September 24, 2019, at 9:30 a.m.
Eastern Daylight Time (EDT) and continuing daily as necessary through Friday, September 27, 2019, at 5:30 p.m. EDT. 1 To review the conduct of the evidentiary hearing, the Board will hold a pre-hearing telephone conference on Monday, August 26, 2019, beginning at 2:00 p.m. EDT.
The Board will establish a bridge line for this telephone conference, with three lines provided for each party. The Boards law clerk will contact the participants by e-mail to provide the telephone number and passcodes for participation access.
During the teleconference, the Board will discuss the following issues, and the parties representatives may raise any concerns about these matters:
1 See Licensing Board Order (Notice of Evidentiary Hearing and Opportunity to Provide Oral and Written Limited Appearance Statements) (June 25, 2019) at 3 (unpublished).
- 1. Board Request for Redacted Versions of Certain Exhibits. Intervenors Exhibits INT-001-R and INT007 have been designated as containing proprietary information subject to the Protective Order in this proceeding. Those exhibits do not identify the specific proprietary information they contain. Therefore, the Board cannot distinguish between the proprietary and non-proprietary parts of Exhibits INT-001-R and INT007. This means that any Board questions concerning those exhibits would have to be conducted in a session from which the general public would be excluded. Those exhibits contain the opinions of Dr.
Saouma, Intervenors expert, and therefore the public would be excluded from a large and important part of the evidentiary hearing. To reduce the portion of the hearing that must be closed, the Board requests that NextEra and Intervenors confer and submit redacted versions of INT-001-R and INT007 to eliminate propriety information (see, for example, INT010, in which proprietary information has been blacked out). 2 The Board is continuing to review the exhibits and will notify the participants if it would be helpful to have redacted versions of any exhibit other than INT-001-R and INT007.
- 2. Closing the Hearing. The Board anticipates asking some questions that may concern nonpublic information identified by one or more of the parties to the proceeding that could require a part of the hearing to be closed to the public. The Board anticipates setting aside several hours on Wednesday, September 25, for such questions. During that time, the hearing will be closed to the general public.
- 3. Simultaneous Questioning of Witnesses. The Board plans to question all the parties witnesses simultaneously. We believe this will expedite the hearing and make it easier to question the witnesses on the issues of interest to the Board. To facilitate the simultaneous 2
The Board recognizes that Intervenors have submitted non-proprietary versions of INT-001-R and INT007. However, those exhibits, INT002 and INT008, are significantly condensed versions of INT-001-R and INT007, and therefore do not provide a sufficient basis for the Boards questioning of Dr. Saouma.
questioning of witnesses, the Board plans to arrange the hearing room as shown in the attached diagram.
- 4. Exhibits. In its May 23, 2019 case management order, the Board instructed each participant to file an exhibit list identifying its pre-filed testimony and other exhibits. 3 In addition, the Board requested that concurrent with the filing of any additional or revised evidentiary materials, each party file an updated exhibit list via the E-Filing system.
Intervenors rebuttal testimony and exhibits are due August 23. Following the receipt of those materials, the Board will prepare a final exhibit list identifying all pre-filed testimony and other exhibits (including revised exhibits) that have been filed by the participants. The final exhibit list will be distributed to the parties representatives before the evidentiary hearing. At the beginning of the evidentiary hearing, the Board will ask each participant to move its exhibits on the final exhibit list into evidence. The Board will rule on any objections at that time. The Board encourages the parties to resolve any issues related to exhibits prior to the hearing.
In addition to the matters identified above, the participants may raise at the prehearing teleconference any other procedural issue of concern related to the conduct of the evidentiary hearing.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland August 12, 2019 3
See Licensing Board Order (Providing Case Management Instructions) (May 23, 2019) at 3-4 (unpublished).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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NEXTERA ENERGY SEABROOK, LLC ) Docket No. 50-443-LA-2 (Seabrook Station, Unit 1) )
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(License Amendment) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Scheduling Pre-Hearing Teleconference and Providing Instructions) 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 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 Anita Ghosh, Esq.
Administrative Judge anita.ghosh@nrc.gov ronald.spritzer@nrc.gov Jeremy Wachutka, Esq.
jeremy.wachutka@nrc.gov Nicholas G. Trikouros David E. Roth, Esq.
Administrative Judge david.roth@nrc.gov nicholas.trikouros@nrc.gov Jennifer E. Scro, Esq.
Jennifer.Scro@nrc.gov Dr. Sekazi K. Mtingwa Administrative Judge sekazi.mtingwa@nrc.gov OGC Mail Center: Members of this office have received a copy of this filing by EIE service.
Taylor Mayhall, Law Clerk Taylor.Mayhall@nrc.gov Joseph McManus, Law Clerk joseph.mcmanus@nrc.gov Molly Mattison, Law Clerk Molly.Mattison@nrc.gov
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LA-2 ORDER (Scheduling Pre-Hearing Teleconference and Providing Instructions)
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 Harmon, Curran, Spielberg, & Eisenberg, LLP Morgan, Lewis & Bockius LLP 1725 DeSales Street, NW, Suite 500 1111 Pennsylvania Avenue NW Washington, DC 20036 Washington, DC 20004 Diane Curran, Esq.
Paul M. Bessette, Esq. dcurran@harmoncurran.com paul.bessette@morganlewis.com Ryan K. Lighty, Esq.
ryan.lighty@morganlewis.com Grant Eskelsen, Esq.
grant.eskelsen@morganlewis.com
[Original signed by Clara Sola ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 12th day of August 2019 2