ML23340A145
| ML23340A145 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/06/2023 |
| From: | Michael Gibson Atomic Safety and Licensing Board Panel |
| To: | Beyond Nuclear, Energy Harbor Nuclear Corp, NRC/OGC, Ohio Nuclear Free Network (ONFN) |
| SECY RAS | |
| References | |
| ASLBP 24-982-01-LR-BD01, RAS 56865, 50-440-LR | |
| Download: ML23340A145 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
Michael M. Gibson, Chair Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of ENERGY HARBOR NUCLEAR CORP.
(Perry Nuclear Power Plant, Unit 1)
Docket No. 50-440-LR ASLBP No. 24-982-01-LR-BD01 December 6, 2023 MEMORANDUM AND ORDER (Initial Prehearing Order)
This proceeding concerns a hearing request on behalf of Ohio Nuclear-Free Network (ONFN) and Beyond Nuclear (BN) challenging an application from Energy Harbor Nuclear Corp.
(Energy Harbor) to renew its license to operate Perry Nuclear Power Plant Unit 1 for an additional 20 years beyond the current license expiration date of November 7, 2026. On September 29, 2023, a notice was published in the Federal Register announcing the opportunity to request a hearing.1 ONFN and BN submitted a joint hearing request through the agencys E-Filing system on November 28, 2023.2 On December 4, 2023, this Licensing Board was established to rule on standing and contention admissibility matters and to preside at any hearing.3 1 See 88 Fed. Reg. 67,373 (Sept. 29, 2023).
2 See Petition of [ONFN] and [BN] for Leave to Intervene in Perry Nuclear Power Plant License Extension Proceeding, and Request for a Hearing (Nov. 28, 2023).
3 See Establishment of Atomic Safety and Licensing Board (Dec. 4, 2023); Establishment of Atomic Safety and Licensing Board (Amended) (Dec. 5, 2023).
Regarding the conduct of this proceeding, the following directives shall apply.
I. BRIEFING SCHEDULE Pursuant to 10 C.F.R. § 2.309(i), the answers of Energy Harbor and the Nuclear Regulatory Commission (NRC) Staff to the petition are due by Tuesday, December 26, 2023.
Any reply to those answers is due by Tuesday, January 2, 2024.4 II. ADMINISTRATIVE MATTERS A.
Notice of Appearance If they have not already done so, on or before Friday, December 22, 2023, each counsel shall file a notice of appearance complying with the requirements of 10 C.F.R. § 2.314(b) via the agencys E-Filing system.5 Each notice of appearance should include a business address, a telephone number, and an e-mail address for the counsel or representative.
B.
Administrative Prescriptions for Pleadings and Other Submissions
- 1.
All pleadings shall be double spaced.
- 2.
Absent preapproval by this Board, any motion, and any related responsive submission, that is filed after the date of this memorandum and order shall not exceed ten pages in length (including the signature page, but excluding the certificate of service and any attachments/enclosures). Any request for preapproval to exceed this 10-page limitation requirement shall be submitted in writing no less than three business days prior to the time the motion or related responsive submission is filed or is due to be filed. Such a request for preapproval to exceed this 10-page limitation requirement must (1) indicate whether the request 4 If answers to the petition are filed on different days, the petitioner may nevertheless file a single reply on or before January 2, 2024.
5 For assistance with the NRCs E-Filing system, a participant can contact the Electronic Filing Helpdesk by visiting its webpage (https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html); calling (866) 6727640 between the hours of 9:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (excluding federal government holidays), or send an e-mail to https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html.
is opposed or is supported by the other participants to the proceeding; 6 (2) provide a good faith estimate of the number of additional pages that will be filed; and (3) demonstrate good cause for being permitted to exceed the 10-page limitation.
C.
Replies to an Answer to a Motion Except in instances involving a motion to file a new/amended contention, a participant to this proceeding must request permission to file a reply to an answer to a motion.7 A request for Board approval to file a reply shall be submitted in writing no less than three business days prior to the time the reply will be filed.8 Such a request to file a reply must (1) indicate whether the request is opposed or is supported by the other participants to the proceeding; and (2) demonstrate that compelling circumstances exist for permitting the reply to be filed.9 D.
Motions for Extension of Time A motion for an extension of time shall be submitted in writing at least three business days before the due date for the pleading or other submission for which an extension is sought.10 Such a motion for extension of time must (1) indicate whether the request is opposed 6 See 10 C.F.R. § 2.323(b). Pursuant to section 2.323(b), all motions require a certification by the moving participant, or the attorney or representative for the moving participant, that a sincere effort has been made to contact the other participants in the proceeding and resolve the matters raised by the motion. If the consultation mandated by section 2.323(b) is initiated within a reasonable time and the participants believe that all or part of the matter may be resolved amicably if additional time is provided for filing the motion, the participants are encouraged to file a joint motion requesting such a time extension.
7 See 10 C.F.R. § 2.323(c).
8 Although the agencys rules do not provide for replies, the Board will presume that for a reply to be timely, it would have to be filed within seven days of the date of service of the answer it is intended to address. Cf. 10 C.F.R. § 2.309(i)(2).
9 Section 2.323(c) indicates that compelling circumstances might be shown in an instance when the moving participant demonstrates that it could not reasonably have anticipated the arguments to which it seeks to reply.
10 Unless some other time is specified in the agencys rules or by the Board, motions (other than summary disposition motions) generally are due within ten days after the occurrence or circumstance from which the motion arises, with any answer to that motion due within ten days or supported by the other participants to this proceeding; and (2) demonstrate appropriate cause that supports permitting the extension.
E.
Opposing a Request to Exceed the Page Limitation, to File a Reply, or to Extend the Time for Filing a Pleading Any opposition to a request to exceed the page limit, to file a reply, or to extend the time for filing a pleading or other submission shall be filed no later than the next business day after the filing of the request.
F.
Attachments/Enclosures to Pleadings For future filings, if a participant proffers a pleading or other submission to which additional documents have been appended, such additional documents should be referred to as attachments or enclosures (not as an exhibit),11 with a separate alpha or numeric designation given to each such appended document (e.g., Attachment A, or Enclosure 1), either on the first page of the appended document or on a cover/divider sheet in front of the appended document.
Attachments or enclosures to a pleading or other submission are not subject to the page limitation set forth in section II.B.2 above but should be submitted via the agencys E-Filing system as part of a single electronic file consisting of the pleading or other submission, the certificate of service, and all associated attachments or enclosures.12 of service of the motion. See 10 C.F.R. § 2.323(a)(2), (c). An exception to this 10-day filing period is a motion seeking the admission of new/amended contentions. See 10 C.F.R.
§ 2.309(f)(2); see also id. § 2.323(a)(1) (motions for new/amended contentions not subject to section 2.323 requirements). For such a motion to be considered timely under 10 C.F.R.
§ 2.309(c)(1)(iii), the motion (and the accompanying new/amended contention) should be filed within 30 days of the date upon which the information that is the basis of the motion becomes available.
11 Although the attachments to ONFNs and BNs hearing request are labeled as exhibits, the Board does not require ONFN and BN to refile these documents. Going forward, however, the label exhibit should be reserved for use as a designation for those items that are submitted, whether by prefiling or at the time of an evidentiary hearing, as potential materials a party will seek to have identified for inclusion in the evidentiary record of the proceeding. See 10 C.F.R. § 2.304(g).
12 In accordance with the agencys electronic submission guidance, multiple electronic files G.
Filing Date on Pleadings The Board requests that participants include the filing date for any pleading or other submission in the upper right-hand corner or as part of the caption.
III. INITIAL PREHEARING CONFERENCE The Board has not determined whether it will hold an initial prehearing conference to hear oral argument regarding standing and contention admissibility. The Board will make that determination after the case is fully briefed. If the Board determines that an oral argument is warranted, the Boards law clerk, Noel Johnson (noel.johnson@nrc.gov), will coordinate scheduling with the parties/participants.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Michael M. Gibson, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 6, 2023 should be used for pleadings or submissions with attachments or enclosures only if the filing exceeds 1,000 megabytes in size. See Guidance for Electronic Submissions to the NRC (Rev.
10), at 6 (May 30, 2023), https://www.nrc.gov/docs/ML1303/ML13031A056.pdf.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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ENERGY HARBOR NUCLEAR CORP.
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Docket No. 50-440-LR
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(Perry Nuclear Power Plant, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Initial Prehearing Order) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Michael M. Gibson, Chair, Administrative Judge Nicholas G. Trikouros, Administrative Judge Dr. Gary Arnold, Administrative Judge Noel M. Johnson, Law Clerk Emily Newman, Law Clerk E-mail: Michael.Gibson@nrc.gov Nicholas.Trikouros@nrc.gov Gary.Arnold@nrc.gov Noel.Johnson@nrc.gov Emily.Newman@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David E. Roth, Esq.
Reuben I. Siegman, Esq.
Mary F. Woods, Esq.
Susan H. Vrahoretis, Esq.
Brian P. Newell, Paralegal Georgiann E. Hampton, Paralegal Caitlin R. Byrd, Paralegal E-mail: David.Roth@nrc.gov Reuben.Siegman@nrc.gov Mary.Woods@nrc.gov Susan.Vrahoretis@nrc.gov Bryan.Newell@nrc.gov Georgiann.Hampton@nrc.gov Caitlin.Byrd@nrc.gov Counsel for Energy Harbor Nuclear Corp.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.
Washington, DC 20004 Scott Clausen, Esq.
Ryan K. Lighty, Esq.
Timothy Matthews, Esq.
Molly Mattison, Esq.
E-mail: Paul.Bessette@morganlewis.com Ryan.Lighty@morganlewis.com Scott.Clausen@morganlewis.com Molly.Mattison@morganlewis.com
Perry Nuclear Power Plant, Docket No. 50-440-LR MEMORANDUM AND ORDER (Initial Prehearing Order) 2 Counsel for the Ohio Nuclear-Free Network and Beyond Nuclear Terry J. Lodge 316 North Michigan Street, Suite 520 Toledo, OH 43604 E-mail: tjlodge50@yahoo.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 6th day of December 2023.
Clara I. Sola Digitally signed by Clara I.
Sola Date: 2023.12.06 14:31:16
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