ML13140A139

NRC Staff Motion for Extension of Time of File Answers to Nextera Motions for Summary Disposition of Contentions 4B & 4D

ML13140A139
Person / Time
Site:	Seabrook
Issue date:	05/20/2013
From:	Mary Spencer NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 24552, 50-443-LR, ASLBP 10-906-02-LR-BD01
Download: ML13140A139 (5)

Text

May 20, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

NextEra Energy Seabrook, LLC ) Docket No. 50-443-LR

)

(Seabrook Nuclear Station, Unit 1) ) ASLBP No. 10-906-02-LR-BD01 NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE ANSWERS TO NEXTERA MOTIONS FOR

SUMMARY

DISPOSITION OF CONTENTIONS 4B & 4D INTRODUCTION Pursuant to 10 C.F.R. § 2.323(a) the Staff of the U.S. Nuclear Regulatory Commission (Staff) hereby requests a 45-day extension of time, until July 15, 2013, to file its answers to NextEras Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4B (SAMA Analysis Source Terms) and NextEras Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling) (Motions) filed on May 10, 2013. As discussed below, counsel for the Staff has discussed this motion with Friends of the Coast and the New England Coalition (Friends/NEC),

and with NextEra Energy Seabrook, LLC (NextEra); neither party opposes the Staffs motion.1 The Staff seeks a 45-day extension for the following reasons:

1. NextEras Motions seek summary disposition, pursuant to 10 C.F.R. § 2.1205, of the only two admitted contentions challenging the NextEra Energy Seabrook, LLC (NextEra) application to renew the operating license for Seabrook Station, Unit 1. Pursuant to 10 C.F.R. § 1

However, as explained below, Friends/NECs position is predicated on Friends/NEC receiving the same extension of time as the Staff; NextaEra opposes the granting of an extension to Friends/NEC.

The Staff does not object to Friends/NEC receiving the same extension as the Staff.

2.1205, answers to the NextEras Motions would be due within 20 days of service of the motions, or on May 30, 2013.

2. NextEras Motions are lengthy, totaling 88 and 267 pages, respectively. The bulk of the Motions consists of lengthy expert affidavits and, in the case of Contention 4D, two detailed expert reports. The expert affidavits and expert reports, in turn, reference other reports and studies that are likewise voluminous.

3. The Staff has encountered unanticipated delays in funding task orders for expert support from Sandia National Laboratory, preventing experts who are already familiar with both of the issues raised by the contentions and NextEras SAMA analysis from beginning their review of NextEras motions, expert affidavits, and expert reports, for several weeks.

4. Staff counsel who had been serving as lead for this case while undersigned counsel was on rotation to another division in the Office of the General Counsel for the past 8 months, was selected for a rotation to another office and has therefore withdrawn as counsel.

5. This extension of time will have minimal impact on the overall schedule for this proceeding, as the Staffs final supplemental environmental impact statement is not scheduled for issuance until December of 2013.

6. In accordance with 10 C.F.R. § 2.323(b), Staff Counsel contacted counsel for NextEra and Friends/NRC regarding the Staffs motion for an extension of time.

7. Friends/NECs representative indicated that Friends/NEC was contemplating filing a similar request for an extension of time. He indicated that Friends/NEC is interested in having additional time for a thorough review of the affidavits of NextEra's experts in support of the motion for summary disposition . . . . Friends/NECs representative also stated that he is somewhat hampered in making a timely response on behalf of Friends/NEC due to long-planned family-related vacation travel and a planned visit (in near term scheduling) with NRC Chairman Macfarlane to discuss matters important to New England Coalition." For these

reasons, Friends/NEC does not oppose the NRC staffs request provided that Friends/NEC is afforded the same extension. The NRC staff does not oppose Friends/NEC receiving the same extension.

8. Counsel for NextEra responded:

NextEra does not oppose the NRCs staffs request for an extension of time in light of the extraordinary circumstances regarding contract administration for expert support. However, NextEra opposes tripling the response time for Friends/NEC with no such showing of good cause.

NextEras position is that as the proponent of the contentions, Friends/NEC has the obligation to support its claims, and if it is unable or unwilling to defend its claims in a timely response to the current motions, its contention should be dismissed, thus eliminating the need for further review by the Staff. NextEra disclosed the bases for its summary disposition motions well in advance of their filing and held off filing those motions at the request of Friends/NEC to provide it even more time to determine whether it would oppose the motions. At this juncture, NextEra deserves a timely response from Friends/NEC and timely dismissal of these contentions if in fact Friends/NEC has no support for its claims.

For these reasons, the Staff respectfully requests that its deadline for responding to NextEras Motions be extended by 45 days to July 15, 2013.

Respectfully submitted,

/Signed (electronically) by/

Mary B. Spencer Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Phone: (301) 415-1324 E-mail: mary.spencer@nrc.gov May 20, 2013

CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that she has made a sincere effort to contact the other parties to this proceeding, to resolve the issues raised in this Motion, and that her efforts to resolve this issue have not been fully successful in that Friends/NECs non-opposition is based upon Friends/NEC receiving the same extension while NextEra opposes any extension for Friends/NEC, but does not oppose a 45-day extension for the Staff.

Respectfully submitted,

/Signed (electronically) by/

Mary B. Spencer Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Phone: (301) 415-1324 E-mail: mary.spencer@nrc.gov May 20, 2013

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

NextEra Energy, LLC ) Docket Nos. 50-443

)

(Seabrook Station, Unit 1) ) ASLBP No. 10-906-02-LR-BD01 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NRC STAFF MOTION FOR EXTENSION OF TIME TO FILE ANSWERS TO NEXTERA MOTIONS FOR

SUMMARY

DISPOSITION OF CONTENTIONS 4B & 4D, have been served upon the following by the Electronic Information Exchange, this 20th day of May, 2013.

/Signed (electronically) by/

Mary B. Spencer Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 (301) 415-1324 Mary.spencer@nrc.gov Date of Signature: May 20, 2013