ML24082A084
| ML24082A084 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/22/2024 |
| From: | Bills C Miami Waterkeeper |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP 24-981-01-SLR-BD01, RAS 56967, 50-250-SLR-2, 50-251-SLR-2 | |
| Download: ML24082A084 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of: )
)
FLORIDA POWER & LIGHT COMPANY ) Docket No. 50 -250 -SLR -2
) Docket No. 50 -251 -SLR -2 (Turkey Point Nuclear Generating Units 3 and 4) )
) March 22, 2 024 (Subsequent License Renewal Application) )
JOINT MOTION REGARDING HEARING SCHEDULE, MANDATORY DISCLOSURES, AND HEARING FILE OBLIGATIONS
Pursuant to 10 C.F.R. § 2.323, and the Atomic Safety and Licensing Boards (Board) recent decision in LBP -24 -0 3, 1 Miami Waterkeeper (Petitioner), Florida Power & Light
Company (FPL), and the U.S. Nuclear Regulatory Commission Staff (NRC Staff)
(collectively, the Parties) request that the Board grant this joint motion regarding the hearing
schedule, general discovery under 10 C.F.R. § 2.336 ( i.e., mandatory disclosures), and the hearing
file required under 10 C.F.R. § 2.1203.
In lieu of the default disclosure protocol in 10 C.F.R. Part 2, the Parties have
unanimously agreed to, and request Board approval of, the following disclosure protocol for this
proceeding:
- 1. The Parties are not required to identify or produce any document that has been served on all other Parties to this proceeding;
- 2. The Parties are not required to identify or produce press clippings;
- 3. The Parties are not required to identify or produce draft documents (including comments on drafts, resolutions of comments, draft transmittals,
1 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP -24 -03 (Mar. 7, 2024).
1 or similar documents). However, the Parties will identify (and produce, if requested) any relevant final revisions of documents, i.e., Rev. 1, Rev. 2.
- 4. The NRC Staff will combine its mandatory disclosures and hearing file disclosures, and will identify the location where all non-privileged documents that it is required to disclose are available via the NRCs website or the NRCs Agencywide Documents Access and Management System (ADAMS), as required by 10 C.F.R. §§ 2.336(b) and 2.1203. The Parties are not otherwise required to id entify or produce documents available via the NRCs website or ADAMS. As required by 10 C.F.R. § 2.1203 (b), the NRC Staff s hearing file disclosures will include a ny correspondence between FPL and the NRC that is relevant to the proposed action.
- 5. The Parties are not required to produce documents that are publicly available. However, the Parties will identify such documents (other than documents available via the NRCs website or ADAMS, which are covered in item 4, above), along with information regarding the location of such documents ( e.g., web address).
- 6. If an identical document is found in multiple locations or in multiple formats (e.g., hardcopy and electronic), the Parties are only required to identify or produce one instance of the document; and
- 7. All required production shall be provided in a text -searchable electronic format, to the extent practicable.
T he Parties have also unanimously agreed to, and request Board approval of, the following
alternative schedule, with deadlines based on the date the NRC Staffs Final Site -Specific
Environmental Impact Statement (FSEIS) becomes available for public review:
Proposed Deadline Action
- Issuance of F SEIS (F) (*expected end of March 20 24 )
F+30 Deadline for dispositive motions on original contention of omission based on FSEIS (DM)
Service of Deadline for answers to dispositive motions on original contention DM+20 of omission based on FSEIS F +4 0 Deadline for new or amended contentions based on the F SEIS 2
2 Petitioner does not waive their ability to seek an additional extension of these deadlines for new or amended contentions. FPL and the NRC Staff reserve the right to respond to any such request for further extensions.
2 O/D Board Order on dispositive motions on original contention of omission based on FSEIS
If the original contention of omission is not resolved on dispositive motions, and a motion
to admit new or amended contentions based on the FSEIS is not filed:
Proposed Deadline Action O/D+ 1 4 Initial disclosures due (supplemented by each party on the last working day of each month thereafter)
O/D+70 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)].
O/D+110 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)].
O/D+150 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) &
(ii)].
O/D + 150 Evidentiary Hearing (H)
H+24 Deadline for proposed findings of fact & conclusions of law.
[Later of H or close of Initial Decision record] +90
If a motion to admit new or amended contentions based on the FSEIS is filed:
Proposed Deadline Action F+65 Deadline for answers to motion to admit new or amended contentions based on FSEIS F+75 Deadline for replies to answers to motion to admit new or amended contentions based on FSEIS F+107 Board Order on motion to admit new or amended contentions based on FSEIS (O/N)
O/N+10 3 Initial disclosures due (supplemented by each party on the last working day of each month thereafter)
O/N+30 Deadline for dispositive motions on new or amended contentions based on FSEIS (DM)
Service of Deadline for answers to dispositive motions on new or amended DM + 20 contentions based on FSEIS O/N +70 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)].
3 FPL and the NRC Staff reserve the right to seek a longer disclosure period if needed.
3 O/N+110 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)].
O/N+125 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) &
(ii)].
O/N+150 Evidentiary Hearing (H)
H+24 Deadline for proposed findings of fact & conclusions of law.
[Later of H or close of Initial Decision record] +90
The Parties respectfully request the Board approve the above schedule and disclosure
protocol, upon which the Parties have unanimously agreed, for this proceeding.
Respectfully submitted, 4
/s/ Cameron Bills Cameron Bills Miami Waterke eper PO Box 141596 Coral Gables, FL 33114 -1596 Phone: (305) 905 -0856 Email: cameron@miamiwaterkeeper.org
Counsel for Miami Waterkeeper
Filed March 22, 2 024
4 FPL and the NRC Staff have authorized Petitioner to file this joint motion on their behalf.
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of: )
)
FLORIDA POWER & LIGHT COMPANY ) Docket No. 50 -250 -SLR -2
) Docket No. 50 -251 -SLR -2 (Turkey Point Nuclear Generating Units 3 and 4) )
) March 22, 2 024 (Subsequent License Renewal Application) )
CONSULTATION CERTIFICATION
Pursuant to 10 C.F.R. § 2.323(b), I certify that Miami Waterkeeper made a sincere effort
to contact the other participants in this proceeding and resolve the issues raised in the above
motion. All participants have joined this motion.
/Signed (electronically) by/ Cameron Bills Cameron Bills Miami Waterkeeper PO Box 141596 Coral Gables, FL 33114 -1596 Phone: (305) 905 -0856 Email: cameron@miamiwaterkeeper.org
Counsel for Miami Waterkeeper
5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of: )
)
FLORIDA POWER & LIGHT COMPANY ) Docket No. 50 -250 -SLR -2
) Docket No. 50 -251 -SLR -2 (Turkey Point Nuclear Generating Units 3 and 4) )
) March 22, 2 024 (Subsequent License Renewal Application) )
CERTIFICATE OF SERVICE
Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing Joint Motion
Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations was served
upon the Electronic Information Exchange (EIE, the NRCs E -Filing System), in the above -
captioned docket, which to the best of my knowledge resulted in transmittal of same to those on
the EIE Service List for the captioned proceeding.
/Signed (electronically) by/ Cameron Bills Cameron Bills Miami Waterkeeper PO Box 141596 Coral Gables, FL 33114 -1596 Phone: (305) 905 -0856 Email: cameron@miamiwaterkeeper.org
Counsel for Miami Waterkeeper
6