ML15308A368

Order (Clarifying Witness List Deadline and Requiring Service by EIE)

ML15308A368
Person / Time
Site:	Turkey Point
Issue date:	11/04/2015
From:	Michael Gibson Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28468
Download: ML15308A368 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) November 4, 2015 ORDER (Clarifying Witness List Deadline and Requiring Service by EIE)

On October 19, 2015, the Board granted the NRC Staffs unopposed motion for an eleven day extension of time to file its written testimony, exhibits, and statement of position.1 Pursuant to that order, all subsequent filing deadlines were shifted forward by eleven days.2 At the request of Citizens Allied for Safe Energy, Inc. (CASE), the Board now clarifies that this eleven day extension also applies to the deadline for each party to file its final list of the witnesses on whose testimony it intends to rely at the hearing, in accordance with 10 C.F.R.

§ 2.336(a)(1). These final witness lists are due no later than December 15, 2015. The Board notes that the witnesses identified in each partys final witness list are required to submit pre-filed written testimony either as part of that partys initial submission of evidence or as part of that partys rebuttal submission of evidence.3 1 Licensing Board Order (Granting Request for Extension of Time) (Oct. 19, 2015)

(unpublished).

2 Id.; see also Licensing Board Order (Initial Scheduling Order) (May 8, 2015) (unpublished).

3 See 10 C.F.R. § 2.1207 (Unless otherwise limited by this subpart or by the presiding officer, participants in an oral hearing may submit . . . [i]nitial written statements of position and written testimony with supporting affidavits on the admitted contentions. These materials must be filed on the dates set by the presiding officer.); Licensing Board Order (Initial Scheduling Order)

The Board previously granted CASEs motion to receive service by email because the NRCs Electronic Information Exchange (EIE) system was incompatible with Apple computers, which prevented CASE from receiving EIE filings.4 However, since that time, the EIE system apparently has been rendered compatible with Apple computers, and CASE has confirmed that it now can access the EIE system. Accordingly, the Board hereby rescinds its previous order and directs CASE to submit all future filings though the EIE system as required by 10 C.F.R.

§ 2.302(g).5 Moreover, the other parties to this proceeding no longer need to serve CASE via email. Should CASE have difficulty accessing the EIE system in the future, it should promptly notify the Board. If any such difficulties arise, the Board will consider permitting CASE to return to receiving service by email.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 4, 2015 (May 8, 2015) at 8-9 (unpublished); see also 10 C.F.R. § 2.711 (The parties shall submit direct testimony of witnesses in written form, unless otherwise ordered by the presiding officer on the basis of objections presented.).

4 Licensing Board Order (Granting CASEs Motion to Receive Service by Email) (Oct. 28, 2014)

(unpublished).

5 Id. at 2 (This Order will remain in effect until the Board is advised that the EIE system is compatible with CASEs computer.).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA

)

)

(Turkey Point Nuclear Generating )

Units 3 & 4)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Clarifying Witness List Deadline and Requiring Service by EIE) have been served upon the following persons by Electronic Information Exchange or via electronic mail as indicated by an asterisk.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-15 D21 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.

David Roth, Esq.

Dr. William W. Sager Edward Williamson, Esq.

Administrative Judge Catherine Kanatas, Esq.

E-mail: william.sager@nrc.gov Christina England, Esq.

Daniel Straus, Esq.

Nicole Pepperl, Law Clerk John Tibbetts, Paralegal E-mail: nicole.pepperl@nrc.gov E-mail: brian.harris@nrc.gov david.roth@nrc.gov Jennifer Scro, Law Clerk edward.williamson@nrc.gov E-mail: jennifer.scro@nrc.gov catherine.kanatas@nrc.gov christina.england@nrc.gov daniel.straus@nrc.gov U.S. Nuclear Regulatory Commission john.tibbetts@nrc.gov Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov

Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA ORDER (Clarifying Witness List Deadline and Requiring Service by EIE)

Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE)*

700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net Erin Walkowiak, Esq.

E-mail: william.blair@fpl.com E-mail: erin.walkowiak@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.

E-mail: steven.hamrick@fpl.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 4th day of November, 2015 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) November 4, 2015 ORDER (Clarifying Witness List Deadline and Requiring Service by EIE)

On October 19, 2015, the Board granted the NRC Staffs unopposed motion for an eleven day extension of time to file its written testimony, exhibits, and statement of position.1 Pursuant to that order, all subsequent filing deadlines were shifted forward by eleven days.2 At the request of Citizens Allied for Safe Energy, Inc. (CASE), the Board now clarifies that this eleven day extension also applies to the deadline for each party to file its final list of the witnesses on whose testimony it intends to rely at the hearing, in accordance with 10 C.F.R.

§ 2.336(a)(1). These final witness lists are due no later than December 15, 2015. The Board notes that the witnesses identified in each partys final witness list are required to submit pre-filed written testimony either as part of that partys initial submission of evidence or as part of that partys rebuttal submission of evidence.3 1 Licensing Board Order (Granting Request for Extension of Time) (Oct. 19, 2015)

(unpublished).

2 Id.; see also Licensing Board Order (Initial Scheduling Order) (May 8, 2015) (unpublished).

3 See 10 C.F.R. § 2.1207 (Unless otherwise limited by this subpart or by the presiding officer, participants in an oral hearing may submit . . . [i]nitial written statements of position and written testimony with supporting affidavits on the admitted contentions. These materials must be filed on the dates set by the presiding officer.); Licensing Board Order (Initial Scheduling Order)

The Board previously granted CASEs motion to receive service by email because the NRCs Electronic Information Exchange (EIE) system was incompatible with Apple computers, which prevented CASE from receiving EIE filings.4 However, since that time, the EIE system apparently has been rendered compatible with Apple computers, and CASE has confirmed that it now can access the EIE system. Accordingly, the Board hereby rescinds its previous order and directs CASE to submit all future filings though the EIE system as required by 10 C.F.R.

§ 2.302(g).5 Moreover, the other parties to this proceeding no longer need to serve CASE via email. Should CASE have difficulty accessing the EIE system in the future, it should promptly notify the Board. If any such difficulties arise, the Board will consider permitting CASE to return to receiving service by email.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 4, 2015 (May 8, 2015) at 8-9 (unpublished); see also 10 C.F.R. § 2.711 (The parties shall submit direct testimony of witnesses in written form, unless otherwise ordered by the presiding officer on the basis of objections presented.).

4 Licensing Board Order (Granting CASEs Motion to Receive Service by Email) (Oct. 28, 2014)

(unpublished).

5 Id. at 2 (This Order will remain in effect until the Board is advised that the EIE system is compatible with CASEs computer.).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA

)

)

(Turkey Point Nuclear Generating )

Units 3 & 4)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Clarifying Witness List Deadline and Requiring Service by EIE) have been served upon the following persons by Electronic Information Exchange or via electronic mail as indicated by an asterisk.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-15 D21 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.

David Roth, Esq.

Dr. William W. Sager Edward Williamson, Esq.

Administrative Judge Catherine Kanatas, Esq.

E-mail: william.sager@nrc.gov Christina England, Esq.

Daniel Straus, Esq.

Nicole Pepperl, Law Clerk John Tibbetts, Paralegal E-mail: nicole.pepperl@nrc.gov E-mail: brian.harris@nrc.gov david.roth@nrc.gov Jennifer Scro, Law Clerk edward.williamson@nrc.gov E-mail: jennifer.scro@nrc.gov catherine.kanatas@nrc.gov christina.england@nrc.gov daniel.straus@nrc.gov U.S. Nuclear Regulatory Commission john.tibbetts@nrc.gov Office of Commission Appellate Adjudication Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov

Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA ORDER (Clarifying Witness List Deadline and Requiring Service by EIE)

Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE)*

700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net Erin Walkowiak, Esq.

E-mail: william.blair@fpl.com E-mail: erin.walkowiak@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.

E-mail: steven.hamrick@fpl.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 4th day of November, 2015 2