ML19226A384

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

ML19226A384
Person / Time
Site:	Turkey Point
Issue date:	08/14/2019
From:	Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Environmental & Natural Resources Law Clinic, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55167
Download: ML19226A384 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

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 14, 2019 Unit Nos. 3 and 4) )

)

(Subsequent License Renewal Application) )

CORRECTED 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 no 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 Board 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 Board, which can only benefit from a 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

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 Board 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 14, 2019 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

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 14, 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 Corrected 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