ML24117A266
| ML24117A266 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 04/26/2024 |
| From: | Emily Krause Atomic Safety and Licensing Board Panel |
| To: | Miami Waterkeeper |
| SECY RAS | |
| References | |
| ASLBP 24-981-01-SLR-BD01, RAS 56999, 50-250-SLR-2, 50-251-SLR-2 | |
| Download: ML24117A266 (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 April 26, 2024 MEMORANDUM AND ORDER (Granting Motion for Extension of Time)
On April 24, 2024, Miami Waterkeeper filed a motion for a six-day extension of time to file new contentions based on an April 2, 2024 report issued by the Government Accountability Office (GAO).1 The requested extension would align the deadline for new or amended contentions based on the GAO report with the May 8, 2024 deadline set forth in our Initial Scheduling Order for new or amended contentions based on the Nuclear Regulatory Commission Staffs Final Supplemental Environmental Impact Statement (Final SEIS).2 Miami Waterkeeper asserts that there is good cause for the extension because consolidated briefing
... will promote judicial and party efficiency by reducing by half the number of briefs required.3
1 Motion for Extension of Time to File New Contention Based on GAO-24-106326 Submitted by Miami Waterkeeper (Apr. 24, 2024) at 1-2 (Motion); see Government Accountability Office, GAO-24-106326, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, (Apr. 2, 2024), available at https://www.gao.gov/products/
gao-24-106326.
2 Motion at 1; see Initial Scheduling Order (Mar. 26, 2024) at 2 (unpublished).
3 Motion at 4.
Miami Waterkeeper represents that in consulting with the parties in advance of the motion, the Staff stated that it did not oppose a six-day extension.4 FPL opposes an extension.5 Miami Waterkeeper has requested a modest extension of time that would promote efficiency and ensure an orderly briefing process for Miami Waterkeepers anticipated new or amended contentions.6 We grant the motion and extend the deadline for new or amended contentions based on the April 2, 2024 GAO report by six days to consolidate briefing with any new or amended contentions based on the Final SEIS. Contentions based on the GAO report and contentions based on the Final SEIS are due May 8, 2024. Answers to these contentions are due June 3, 2024; replies are due June 12, 2024.7 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Emily I. Krause, Chair ADMINISTRATIVE JUDGE Rockville, Maryland April 26, 2024 4 Id. at 2.
5 See Florida Power & Light Companys Answer Opposing Miami Waterkeepers Third Extension Request (Apr. 25, 2024) (FPL Response).
6 See 10 C.F.R. §§ 2.307(a), 2.319. Contrary to FPLs assertion, this extension does not modify the schedule set forth in our Initial Scheduling Order. See FPL Response at 3. And although FPL suggests that requiring it to respond to all contentions in a single 25-day period... rather than across two 25-day periods staggered by six days... could be viewed as prejudicial, FPL Response at 5 n.21, FPL overlooks that the 25-day deadline established in our Initial Scheduling Order does not depend on the number of contentions that might be filed in a single pleading. See Initial Scheduling Order at 3; see also 10 C.F.R. § 2.309(i).
7 See Initial Scheduling Order at 3.
/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 MEMORANDUM AND ORDER (Granting Motion for Extension of Time) 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 Emily Newman, Law Clerk E-mail: Emily.Krause@nrc.gov Sue.Abreu@nrc.gov Michael.Kennedy@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.
Kevin D. Bernstein, 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 Kevin.Bernstein@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 SLR-2 and 50-251-SLR-2 MEMORANDUM AND ORDER (Granting Motion for Extension of Time) 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 April 2024.
KRISTEN HALOJ Digitally signed by KRISTEN HALOJ Date: 2024.04.26 13:15:23 -04'00'