ML17334A216

Hearing Transcript of Nextera Energy Seabrook, Unit 1, Teleconference, November 28, 2017, Pages 133-141

ML17334A216
Person / Time
Site:	Seabrook
Issue date:	11/28/2017
From:	Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-443 LA-2, ASLBP 17-953-02-LA-BD01, NRC-3394, RAS 54065
Download: ML17334A216 (10)

Text

Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Nextera Energy Seabrook Seabrook Station, Unit 1 Docket Number: 50-443-LA-2 ASLBP Number: 17-953-LA-BD01 Location: teleconference Date: Tuesday, November 28, 2017 Work Order No.: NRC-3394 Pages 133-141 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

133 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +

4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 + + + + +

6 PRE-HEARING CONFERENCE 7 --------------------------x 8 In the Matter of:  : Docket No.

9 NEXTERA ENERGY SEABROOK,  : 50-443-LA-2 10 LLC  : ASLBP No.

11 (Seabrook Station, Unit 1): 17-953-LA-BD01 12 --------------------------x 13 Tuesday, November 28, 2017 14 15 Teleconference 16 17 BEFORE:

18 RONALD M. SPRITZER, Chairman 19 NICHOLAS G. TRIKOUROS, Administrative Judge 20 SEKAZI MTINGWA, Administrative Judge 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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134 1 APPEARANCES:

2 3 Counsel for the Applicant 4 Paul M. Bessette, Esq.

5 Ryan K. Lighty, Esq 6 of: Morgan, Lewis & Bockius, LLP 7 1111 Pennsylvania Avenue, NW 8 Washington, DC 20004 9 202-739-5796 (Paul Bessette) 10 paul.bessette@morganlewis.com 11 ryan.lighty@morganlewis.com 12 13 On Behalf of the Nuclear Regulatory Commission 14 Brian Harris, Esq.

15 Jeremy Wachutka, Esq.

16 of: U.S. Nuclear Regulatory Commission 17 Office of the General Counsel 18 Mail Stop O-14A44 19 Washington, DC 20555-0001 20 301-287-9120 (Brian Harris) 21 brian.harris@nrc.gov 22 jeremy.wachutka@nrc.gov 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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135 1 On Behalf of C-10 Research & Education 2 Foundation 3 Natalie Hildt Treat 4 C-10 Research & Education Foundation 5 44 Merrimac Street 6 Newburyport, MA 01950 7 978-465-6646 8 natalie@c-10.org 9

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136 1 P-R-O-C-E-E-D-I-N-G-S 2 1:03 p.m.

3 CHAIRMAN SPRITZER: We are here in the 4 matter of Nextera Energy Seabrook, that case involving 5 Seabrook Station Unit 1. This is docket No. 50-443-6 LA-2. We are here to conduct a conference call on --

7 for the scheduling of the remainder of this 8 proceeding.

9 Before we proceed to discuss scheduling 10 let's go around and have the representatives identify 11 themselves for the record. Why don't we start with 12 Nextera?

13 MR. BESSETTE: Good afternoon, Your Honor.

14 This is Paul Bessette representing Nextera, and with 15 me I have Ryan Lighty, and on the listen-only line we 16 have Steve Hamrick from the -- from Nextera.

17 CHAIRMAN SPRITZER: Very good. And for 18 the NRC staff?

19 MS. HARRIS: Yes, Your Honor, this is 20 Brian Harris and I have with me Jeremy Wachutka for 21 the NRC staff and a couple members of the staff 22 sitting in and listening in.

23 CHAIRMAN SPRITZER: Very good. And for 24 the interveners, C-10?

25 MS. TREAT: Hello again. This is Natalie NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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137 1 Treat with the C-10 Foundation.

2 CHAIRMAN SPRITZER: Okay. Well, we can 3 shorten -- thanks to your efforts, we'll be able to I 4 think make this a fairly brief call since you've 5 provided us with agreements on both mandatory 6 disclosure and scheduling, which was very helpful.

7 Thank you for your efforts on that.

8 Just so we're clear, let me ask a 9 question first on the mandatory disclosures. That 10 indicates in the -- I believe it's paragraph No. 1 11 parties are not required to identify or produce 12 privileged documents. Just so we're clear, this is 13 intended to waive the requirement of 10 CFR 14 2.336(a)(3) and also Section (b)(5) of Section 2.336, 15 which would require the identification, not 16 necessarily the production, but identification of 17 privileged documents.

18 Am I interpreting that correctly?

19 MR. BESSETTE: Your Honor, I'm looking up 20 the -- this is Paul Bessette. I'm looking up the 21 regulations, but the idea is to waive the production 22 of the privileged log, as you noted, yes.

23 CHAIRMAN SPRITZER: Okay. Just want to 24 make sure everybody's clear on that.

25 Is that clear to the interveners as well?

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138 1 MS. TREAT: Yes.

2 CHAIRMAN SPRITZER: Okay.

3 MS. TREAT: Yes, thank you.

4 CHAIRMAN SPRITZER: All right.

5 MS. HARRIS: It's clear to the --

6 CHAIRMAN SPRITZER: All right. For the 7 interveners I take it you are not -- at least as of 8 this date you are not represented by counsel?

9 MS. TREAT: We are not.

10 CHAIRMAN SPRITZER: Are you -- do you have 11 any likelihood of doing that?

12 MS. TREAT: We are exploring options to 13 raise funds to pay for counsel and the technical 14 experts, Your Honor.

15 CHAIRMAN SPRITZER: All right. I think as 16 far as the schedule that you all have proposed, we 17 don't have any major issues with that. I do have one 18 suggestion to shorten the -- we do have one suggestion 19 from the Board that might shorten things a little bit.

20 Not greatly, but somewhat. Toward the end -- this is 21 on both table -- well, both for the option if new or 22 amended contentions are filed. And then if no new 23 amended contentions are filed, you have deadline for 24 both motions in limine and questions for the Board.

25 What we're thinking of doing is simply NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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139 1 saying file both of those within five days of the 2 hearing. Motions in limine -- I mean, this is a 3 hearing by a board, so we're not dealing with a jury.

4 Motions in limine I think we would certainly -- can 5 hear them and rule on them, but I'm not sure that 6 that's something we can normally rule on when we issue 7 our decision on the merits.

8 Striking -- if there's a motion to strike 9 some proffered testimony or not to consider some 10 exhibit, we can go ahead and rule on that in our 11 motion -- or our -- excuse me, in our ruling on the 12 merits.

13 Questions for the Board we don't really 14 need them until shortly before the hearing. That 15 would enable us to cut down the days for the 16 evidentiary hearing by about 15 days. That would be 17 approximately, yes, 15 days less than is shown on both 18 these schedules.

19 I mean, if anybody has any strong 20 objections to doing those things, we'll consider them.

21 So if you do, please now or forever hold your peace.

22 (No audible response.)

23 CHAIRMAN SPRITZER: Going once, twice, 24 three times. All right. We don't seem to have any 25 strong objection, so we'll address that in the order NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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140 1 we're going to issue shortly.

2 Let's see. That's pretty much all we 3 have. Are there any other issues that anyone wants to 4 discuss now? We're probably not going to be on the 5 line together for awhile given that the safety 6 evaluation is likely coming out before August, so if 7 there other concerns, now would be a good time to 8 raise them.

9 MR. BESSETTE: Your Honor, this is Paul 10 Bessette. We have no other questions.

11 CHAIRMAN SPRITZER: All right. Staff?

12 MS. HARRIS: Your Honor, this is Brian 13 Harris. We have no other questions.

14 CHAIRMAN SPRITZER: All right. And 15 interveners?

16 MS. TREAT: Thank you, Your Honor. It's 17 Natalie Treat and we have no other questions or 18 comments at this time.

19 CHAIRMAN SPRITZER: All right. Very good.

20 We'll get an order out shortly that will memorialize 21 the schedule in line with what you all proposed plus 22 the one modification that we've come up with on our 23 own. Unless either of my colleagues on the Board have 24 anything, we'll adjourn and get an order out promptly.

25 MR. BESSETTE: Thank you, Your Honor.

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141 1 CHAIRMAN SPRITZER: Thank you.

2 MS. TREAT: Thank you, everyone.

3 MS. HARRIS: Thank you, Your Honor.

4 CHAIRMAN SPRITZER: We're adjourned.

5 (Whereupon, the above-entitled matter went 6 off the record at 1:09 p.m.)

7 8

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