ML24082A084
ML24082A084 | |
Person / Time | |
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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
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)
(Subsequent License Renewal Application)
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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 March 22, 2024 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-24-03,1 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).
2 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 identify or produce documents available via the NRCs website or ADAMS. As required by 10 C.F.R. § 2.1203(b), the NRC Staffs hearing file disclosures will include any 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.
The 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 FSEIS (F) (*expected end of March 2024)
F+30 Deadline for dispositive motions on original contention of omission based on FSEIS (DM)
Service of DM+20 Deadline for answers to dispositive motions on original contention of omission based on FSEIS F+40 Deadline for new or amended contentions based on the FSEIS2 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.
3 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+14 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 record] +90 Initial Decision 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+103 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 DM + 20 Deadline for answers to dispositive motions on new or amended 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.
4 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 record] +90 Initial Decision 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 Waterkeeper PO Box 141596 Coral Gables, FL 33114-1596 Phone: (305) 905-0856 Email: cameron@miamiwaterkeeper.org Counsel for Miami Waterkeeper Filed March 22, 2024 4 FPL and the NRC Staff have authorized Petitioner to file this joint motion on their behalf.
5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)
(Subsequent License Renewal Application)
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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 March 22, 2024 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
6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)
(Subsequent License Renewal Application)
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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 March 22, 2024 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