ML20006F283
| ML20006F283 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/06/2020 |
| From: | Ronald Spritzer Atomic Safety and Licensing Board Panel |
| To: | NextEra Energy Seabrook |
| SECY RAS | |
| References | |
| 50-443-LA-2, ASLBP 17-953-02-LA-BD01, RAS 55513 | |
| Download: ML20006F283 (5) | |
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) January 6, 2020 ORDER (Granting NextEras Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law)
Before the Board is NextEras Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law (Responsive Proposed Findings).1 The Board grants the Motion.
NextEra argues that [g]ood cause exists for the Board to grant this Motion because C-10s Proposed Findings contain certain factual and legal misrepresentations and inaccurate descriptions of the evidentiary record in this proceeding.2 It also maintains that many of the findings of concern lack exact citations to the transcript of record and exhibits in support of each proposed finding, as explicitly required by 10 C.F.R. §§ 2.1209 and 2.712(c).3 In its Response, C-10 consents to the filing of certain sections of NextEras Responsive Proposed Findings, but it objects to other sections because it disagrees with NextEras claim 1 NextEra Energy Seabrook LLCs Motion for Leave to File Responsive Proposed Findings of fact and Conclusions of Law (Dec. 13, 2019).
2 Id. at 2.
3 Id.
that C-10s proposed findings of fact mischaracterized the record and failed to provide exact record citations.4 The Board need not resolve this dispute to grant NextEras Motion. As directed by the Board,5 NextEra has provided a brief justification for its Responsive Proposed Findings, and the Board therefore grants its Motion.
C-10 requests that, if we grant NextEras Motion, we allow C-10 to submit reply findings[.]6 At the close of the evidentiary hearing, the Board stated it would allow any party to request permission to file a reply to the proposed findings of fact and conclusions of law submitted by the other parties.7 In its December 2, 2019 Order, the Board directed the parties to file any motion for leave to file responsive proposed findings of fact and conclusions of law on or before Friday, December 13, 2019. 8 NextEra filed such a motionC-10 did not. At no time did the Board suggest that it would also authorize replies to responsive proposed findings of fact and conclusions of law. To allow such an additional round of filings would go well beyond the submissions authorized under 10 C.F.R. § 2.1209 and would unnecessarily add to the several hundred pages of proposed findings of fact and conclusions of law already before the Board.
In conclusion, we reiterate the remaining deadlines for this proceeding:9
- 1. On or before January 10, 2020, NextEra and the NRC Staff may file written rebuttal testimony in response to Dr. Saoumas new written testimony. Upon the filing of such rebuttal testimony, the Board expects to close the evidentiary record.
4 C-10 Research and Education Foundations Response to NextEras Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law (Dec. 20, 2019) at 2 [hereinafter C-10s Response to NextEras Motion for Leave to File].
5 Tr. at 1181.
6 C-10s Response to NextEras Motion for Leave to File at 2.
7 Tr. at 1181.
8 Licensing Board Order (Granting Time Extension to File Motions for Leave to Submit Responsive Proposed Findings of Fact and Conclusions of Law) (Dec. 2, 2019) (unpublished).
9 Licensing Board Order (Granting C-10s Motion to Compel Mineralogical Data and Request to Submit Supplemental Written Testimony concerning the data; Denying C-10s Motion to Submit Additional Exhibits) (Nov. 25, 2019) at 17 (unpublished).
- 2. If the Board does not advise the parties by January 20, 2020 that it has questions regarding the parties additional testimony, the parties may file supplemental proposed findings of fact and conclusions of law on or before January 31, 2020, limited to the specific issues raised in Dr. Saoumas new written testimony and any rebuttal testimony filed by NextEra and the NRC Staff.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland January 6, 2020
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NEXTERA ENERGY SEABROOK, LLC ) Docket No. 50-443-LA-2 (Seabrook Station, Unit 1) )
)
(License Amendment) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting NextEras Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law) 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 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Office of the General Counsel Washington, DC 20555-0001 Mail Stop: O-14A44 Washington, DC 20555-0001 Ronald M. Spritzer, Chair Administrative Judge Anita Ghosh, Esq.
ronald.spritzer@nrc.gov anita.ghosh@nrc.gov Jeremy Wachutka, Esq.
Nicholas G. Trikouros jeremy.wachutka@nrc.gov Administrative Judge David E. Roth, Esq.
nicholas.trikouros@nrc.gov david.roth@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 Molly Mattison, Law Clerk Molly.Mattison@nrc.gov Ian R. Curry, Law Clerk Ian.curry@nrc.gov Stephanie Fishman, Law Clerk stephanie.fishman@nrc.gov
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LA-2 ORDER (Granting NextEras Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law)
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 6th day of January 2020.
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