ML24086A446
| ML24086A446 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/26/2024 |
| From: | Emily Krause Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP 24-981-01-SLR-BD01, RAS 56969, 50-250 SLR-2, 50-251 SLR-2 | |
| Download: ML24086A446 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
Emily I. Krause, Chair Dr. Sue H. Abreu Dr. Michael F. Kennedy In the Matter of:
FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)
Docket Nos. 50-250-SLR-2 50-251-SLR-2 ASLBP No. 24-981-01-SLR-BD01 March 26, 2024 INITIAL SCHEDULING ORDER On March 7, 2024, we granted Miami Waterkeepers hearing request and admitted a contention of omission challenging the discussion of groundwater quality impacts in the Nuclear Regulatory Commission Staffs (Staff) Draft Supplemental Environmental Impact Statement (Draft SEIS).1 On March 22, 2024, Miami Waterkeeper, the Staff, and Florida Power & Light Company (FPL) filed a joint motion regarding the hearing schedule, mandatory disclosures, and hearing file obligations for this proceeding.2 The parties unanimously agreed to a proposed disclosure protocol and hearing schedule.3 We grant the parties requested disclosure protocol as follows:
1 LBP-24-3, 99 NRC __, __ (Mar. 7, 2024) (slip op. at 34).
2 Joint Motion Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations (Mar. 22, 2024) (Joint Motion).
3 Id. at 4.
Disclosure Protocol 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, 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.
We grant in part the parties requested hearing schedule as follows:
Hearing Schedule Deadline Action Issuance of Final SEIS (F) (*expected end of March 2024)
F+30 Deadline for dispositive motions on original contention of omission based on Final SEIS (DM)
Service of DM+20 Deadline for answers to dispositive motions on original contention of omission based on Final SEIS F+40 Deadline for new or amended contentions based on the Final SEIS Board Order on dispositive motions on original contention of omission based on Final SEIS (O/D)
If the original contention of omission is not resolved on dispositive motions, and a motion to admit new or amended contentions based on the Final SEIS is not filed:
Deadline Action O/D+14 Initial disclosures due (supplemented by each party on the last working day of each month thereafter)4 O/D+70 Deadline for initial written statements of position, written direct testimony, and proposed exhibits O/D+110 Deadline for written responses, written rebuttal testimony, and proposed exhibits O/D+125 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing O/D+150 Evidentiary Hearing (H)5 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 Final SEIS is filed:
Deadline Action F+65 Deadline for answers to motion to admit new or amended contentions based on Final SEIS F+75 Deadline for replies to answers to motion to admit new or amended contentions based on Final SEIS 4 The duty to disclose is continuing and ends when the [Board] issues a decision resolving the contention, or at such other time as may be specified by the [Board] or the Commission.
10 C.F.R. § 2.336(d).
5 The parties requested that the deadline for proposed questions fall on the same day as the evidentiary hearing. See Joint Motion at 3. The deadline that we adopt here is consistent with 10 C.F.R. § 2.1207(a)(3)(i) and (ii), which provide that proposed questions be filed at least five days in advance of the hearing, and the parties proposed alternate schedule, which requests that proposed questions be filed twenty-five days in advance of a hearing if a motion to admit new and amended contentions is filed. See 10 C.F.R. § 2.1207(a)(3)(i)-(ii); Joint Motion at 4.
F+120 Board Order on motion to admit new or amended contentions based on Final SEIS (O/N) (if oral argument or supplemental briefing is not required)
O/N+10 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 Final SEIS (DM)
Service of DM+20 Deadline for answers to dispositive motions on new or amended contentions based on Final SEIS O/N+70 Deadline for initial written statements of position, written direct testimony, and proposed exhibits O/N+110 Deadline for written responses, written rebuttal testimony, and proposed exhibits O/N+125 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing 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 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Emily I. Krause, Chair ADMINISTRATIVE JUDGE Rockville, Maryland March 26, 2024
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
FLORIDA POWER & LIGHT COMPANY
)
Docket Nos. 50-250-SLR-2
)
50-251-SLR-2 (Turkey Point Nuclear Generating
)
Units 3 & 4)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing INITIAL SCHEDULING 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 Emily I. Krause, Chair, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Dr. Michael F. Kennedy, Administrative Judge Noel M. Johnson, Law Clerk Emily Newman, Law Clerk E-mail: Emily.Krause@nrc.gov Sue.Abreu@nrc.gov Michael.Kennedy@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.
Sherwin E. Turk, Esq.
Jeremy L. Wachutka, Esq.
Susan H. Vrahoretis, Esq.
Georgiann E. Hampton, Paralegal Caitlin R. Byrd, Paralegal E-mail: David.Roth@nrc.gov Sherwin.Turk@nrc.gov Jeremy.Wachutka@nrc.gov Susan.Vrahoretis@nrc.gov Georgiann.Hampton@nrc.gov Caitlin.Byrd@nrc.gov Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-SLR-2 INITIAL SCHEDULING ORDER 2
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.
Washington, DC 20004 Paul M. Bessette, Esq.
Ryan K. Lighty, Esq.
E-mail: Paul.Bessette@morganlewis.com Ryan.Lighty@morganlewis.com Miami Waterkeeper P.O. Box 141596 Coral Gables, FL 33115 Cameron Bills, Esq.
Email: cameron@miamiwaterkeeper.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 26th day of March 2024.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.03.26 13:29:35
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