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{{#Wiki_filter:Official Transcript of ProceedingsNUCLEAR REGULATORY COMMISSIONTitle:Nextera Energy SeabrookSeabrook Station, Unit 1Docket Number:50-443-LA-2 ASLBP Number:17-953-LA-BD01 Location:teleconference Date:Tuesday, November 28, 2017Work Order No.:NRC-3394Pages 133-141NEAL R. GROSS AND CO., INC.Court Reporters and Transcribers1323 Rhode Island Avenue, N.W.Washington, D.C. 20005(202) 234-4433 133UNITED STATES OF AMERICA1NUCLEAR REGULATORY COMMISSION2+ + + + +3ATOMIC SAFETY AND LICENSING BOARD PANEL4+ + + + +5PRE-HEARING CONFERENCE6--------------------------x7In the Matter of:        : Docket No.8NEXTERA ENERGY SEABROOK,  : 50-443-LA-29LLC                      : ASLBP No.10(Seabrook Station, Unit 1): 17-953-LA-BD0111--------------------------x12Tuesday, November 28, 20171314Teleconference1516BEFORE:17RONALD M. SPRITZER, Chairman18NICHOLAS G. TRIKOUROS, Administrative Judge19SEKAZI MTINGWA, Administrative Judge2021 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 134APPEARANCES:12Counsel for the Applicant3Paul M. Bessette, Esq.4Ryan K. Lighty, Esq5of:Morgan, Lewis & Bockius, LLP61111 Pennsylvania Avenue, NW7Washington, DC 200048202-739-5796 (Paul Bessette)9paul.bessette@morganlewis.com10ryan.lighty@morganlewis.com1112On Behalf of the Nuclear Regulatory Commission13Brian Harris, Esq.14Jeremy Wachutka, Esq.15of:U.S. Nuclear Regulatory Commission16Office of the General Counsel17Mail Stop O-14A4418Washington, DC 20555-000119301-287-9120 (Brian Harris)20brian.harris@nrc.gov21jeremy.wachutka@nrc.gov2223 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 135On Behalf of C-10 Research & Education1Foundation2Natalie Hildt Treat3C-10 Research & Education Foundation444 Merrimac Street5Newburyport, MA 019506978-465-66467natalie@c-10.org8910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 136P-R-O-C-E-E-D-I-N-G-S11:03 p.m.2CHAIRMAN SPRITZER:  We are here in the3matter of Nextera Energy Seabrook, that case involving4Seabrook Station Unit 1. This is docket No. 50-443-5LA-2. We are here to conduct a conference call on --6for the scheduling of the remainder of this7proceeding. 8Before we proceed to discuss scheduling9let's go around and have the representatives identify10themselves for the record. Why don't we start with11Nextera?12MR. BESSETTE:  Good afternoon, Your Honor. 13This is Paul Bessette representing Nextera, and with14me I have Ryan Lighty, and on the listen-only line we15have Steve Hamrick from the -- from Nextera. 16CHAIRMAN SPRITZER:  Very good. And for17the NRC staff?18MS. HARRIS:  Yes, Your Honor, this is19Brian Harris and I have with me Jeremy Wachutka for20the NRC staff and a couple members of the staff21sitting in and listening in.22CHAIRMAN SPRITZER:  Very good. And for23the interveners, C-10?24MS. TREAT:  Hello again. This is Natalie25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 137Treat with the C-10 Foundation.1CHAIRMAN SPRITZER:  Okay. Well, we can2shorten -- thanks to your efforts, we'll be able to I3think make this a fairly brief call since you've4provided us with agreements on both mandatory5disclosure and scheduling, which was very helpful. 6Thank you for your efforts on that.7Just so we're clear, let me ask a 8question first on the mandatory disclosures. That9indicates in the -- I believe it's paragraph No. 110parties are not required to identify or produce11privileged documents. Just so we're clear, this is12intended to waive the requirement of 10 CFR132.336(a)(3) and also Section (b)(5) of Section 2.336,14which would require the identification, not15necessarily the production, but identification of16privileged documents.17Am I interpreting that correctly?18MR. BESSETTE:  Your Honor, I'm looking up19the -- this is Paul Bessette. I'm looking up the20regulations, but the idea is to waive the production21of the privileged log, as you noted, yes.22CHAIRMAN SPRITZER:  Okay. Just want to23make sure everybody's clear on that. 24Is that clear to the interveners as well?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 138MS. TREAT:  Yes.1CHAIRMAN SPRITZER:  Okay.2MS. TREAT:  Yes, thank you.3CHAIRMAN SPRITZER:  All right. 4MS. HARRIS:  It's clear to the --5CHAIRMAN SPRITZER:  All right. For the6interveners I take it you are not -- at least as of7this date you are not represented by counsel?8MS. TREAT:  We are not.9CHAIRMAN SPRITZER:  Are you -- do you have10any likelihood of doing that?11MS. TREAT:  We are exploring options to12raise funds to pay for counsel and the technical13experts, Your Honor.14CHAIRMAN SPRITZER:  All right. I think as15far as the schedule that you all have proposed, we16don't have any major issues with that. I do have one17suggestion to shorten the -- we do have one suggestion18from the Board that might shorten things a little bit. 19Not greatly, but somewhat. Toward the end -- this is20on both table -- well, both for the option if new or21amended contentions are filed. And then if no new22amended contentions are filed, you have deadline for23both motions in limine and questions for the Board. 24What we're thinking of doing is simply25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 139saying file both of those within five days of the1hearing. Motions in limine -- I mean, this is a2hearing by a board, so we're not dealing with a jury. 3Motions in limine I think we would certainly -- can4hear them and rule on them, but I'm not sure that5that's something we can normally rule on when we issue6our decision on the merits. 7Striking -- if there's a motion to strike8some proffered testimony or not to consider some9exhibit, we can go ahead and rule on that in our10motion -- or our -- excuse me, in our ruling on the11merits. 12Questions for the Board we don't really13need them until shortly before the hearing. That14would enable us to cut down the days for the15evidentiary hearing by about 15 days. That would be16approximately, yes, 15 days less than is shown on both17these schedules. 18I mean, if anybody has any strong19objections to doing those things, we'll consider them. 20So if you do, please now or forever hold your peace.21(No audible response.)22CHAIRMAN SPRITZER:  Going once, twice,23three times. All right. We don't seem to have any24strong objection, so we'll address that in the order25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 140we're going to issue shortly.1Let's see. That's pretty much all we2have. Are there any other issues that anyone wants to3discuss now?  We're probably not going to be on the4line together for awhile given that the safety5evaluation is likely coming out before August, so if6there other concerns, now would be a good time to7raise them.8MR. BESSETTE:  Your Honor, this is Paul9Bessette. We have no other questions.10CHAIRMAN SPRITZER:  All right. Staff?11MS. HARRIS:  Your Honor, this is Brian12Harris. We have no other questions.13CHAIRMAN SPRITZER:  All right. And14interveners?15MS. TREAT:  Thank you, Your Honor. It's16Natalie Treat and we have no other questions or17comments at this time.18CHAIRMAN SPRITZER:  All right. Very good. 19We'll get an order out shortly that will memorialize20the schedule in line with what you all proposed plus21the one modification that we've come up with on our22own. Unless either of my colleagues on the Board have23anything, we'll adjourn and get an order out promptly.24MR. BESSETTE:  Thank you, Your Honor.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 141CHAIRMAN SPRITZER:  Thank you.1MS. TREAT:  Thank you, everyone.2MS. HARRIS:  Thank you, Your Honor.3CHAIRMAN SPRITZER:  We're adjourned.4(Whereupon, the above-entitled matter went5off the record at 1:09 p.m.)67 8
{{#Wiki_filter:Official Transcript of ProceedingsNUCLEAR REGULATORY COMMISSIONTitle:Nextera Energy SeabrookSeabrook Station, Unit 1Docket Number:50-443-LA-2 ASLBP Number:17-953-LA-BD01 Location:teleconference Date:Tuesday, November 28, 2017Work Order No.:NRC-3394Pages 133-141NEAL R. GROSS AND CO., INC.Court Reporters and Transcribers1323 Rhode Island Avenue, N.W.Washington, D.C. 20005(202) 234-4433 133UNITED STATES OF AMERICA1NUCLEAR REGULATORY COMMISSION2+ + + + +3ATOMIC SAFETY AND LICENSING BOARD PANEL4+ + + + +5PRE-HEARING CONFERENCE6--------------------------x7In the Matter of:        : Docket No.8NEXTERA ENERGY SEABROOK,  : 50-443-LA-29LLC                      : ASLBP No.10(Seabrook Station, Unit 1): 17-953-LA-BD0111--------------------------x12Tuesday, November 28, 20171314Teleconference1516BEFORE:17RONALD M. SPRITZER, Chairman18NICHOLAS G. TRIKOUROS, Administrative Judge19SEKAZI MTINGWA, Administrative Judge2021 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 134APPEARANCES:12Counsel for the Applicant3Paul M. Bessette, Esq.4Ryan K. Lighty, Esq5of:Morgan, Lewis & Bockius, LLP61111 Pennsylvania Avenue, NW7Washington, DC 200048202-739-5796 (Paul Bessette)9paul.bessette@morganlewis.com10ryan.lighty@morganlewis.com1112On Behalf of the Nuclear Regulatory Commission13Brian Harris, Esq.14Jeremy Wachutka, Esq.15of:U.S. Nuclear Regulatory Commission16Office of the General Counsel17Mail Stop O-14A4418Washington, DC 20555-000119301-287-9120 (Brian Harris)20brian.harris@nrc.gov21jeremy.wachutka@nrc.gov2223 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 135On Behalf of C-10 Research & Education1Foundation2Natalie Hildt Treat3C-10 Research & Education Foundation444 Merrimac Street5Newburyport, MA 019506978-465-66467natalie@c-10.org8910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 136P-R-O-C-E-E-D-I-N-G-S11:03 p.m.2CHAIRMAN SPRITZER:  We are here in the3matter of Nextera Energy Seabrook, that case involving4Seabrook Station Unit 1. This is docket No. 50-443-5LA-2. We are here to conduct a conference call on --6for the scheduling of the remainder of this7proceeding. 8Before we proceed to discuss scheduling9let's go around and have the representatives identify10themselves for the record. Why don't we start with11Nextera?12MR. BESSETTE:  Good afternoon, Your Honor. 13This is Paul Bessette representing Nextera, and with14me I have Ryan Lighty, and on the listen-only line we15have Steve Hamrick from the -- from Nextera. 16CHAIRMAN SPRITZER:  Very good. And for17the NRC staff?18MS. HARRIS:  Yes, Your Honor, this is19Brian Harris and I have with me Jeremy Wachutka for20the NRC staff and a couple members of the staff21sitting in and listening in.22CHAIRMAN SPRITZER:  Very good. And for23the interveners, C-10?24MS. TREAT:  Hello again. This is Natalie25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 137Treat with the C-10 Foundation.1CHAIRMAN SPRITZER:  Okay. Well, we can2shorten -- thanks to your efforts, we'll be able to I3think make this a fairly brief call since you've4provided us with agreements on both mandatory5disclosure and scheduling, which was very helpful. 6Thank you for your efforts on that.7Just so we're clear, let me ask a 8question first on the mandatory disclosures. That9indicates in the -- I believe it's paragraph No. 110parties are not required to identify or produce11privileged documents. Just so we're clear, this is12intended to waive the requirement of 10 CFR132.336(a)(3) and also Section (b)(5) of Section 2.336,14which would require the identification, not15necessarily the production, but identification of16privileged documents.17Am I interpreting that correctly?18MR. BESSETTE:  Your Honor, I'm looking up19the -- this is Paul Bessette. I'm looking up the20regulations, but the idea is to waive the production21of the privileged log, as you noted, yes.22CHAIRMAN SPRITZER:  Okay. Just want to23make sure everybody's clear on that. 24Is that clear to the interveners as well?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 138MS. TREAT:  Yes.1CHAIRMAN SPRITZER:  Okay.2MS. TREAT:  Yes, thank you.3CHAIRMAN SPRITZER:  All right. 4MS. HARRIS:  It's clear to the --5CHAIRMAN SPRITZER:  All right. For the6interveners I take it you are not -- at least as of7this date you are not represented by counsel?8MS. TREAT:  We are not.9CHAIRMAN SPRITZER:  Are you -- do you have10any likelihood of doing that?11MS. TREAT:  We are exploring options to12raise funds to pay for counsel and the technical13experts, Your Honor.14CHAIRMAN SPRITZER:  All right. I think as15far as the schedule that you all have proposed, we16don't have any major issues with that. I do have one17suggestion to shorten the -- we do have one suggestion18from the Board that might shorten things a little bit. 19Not greatly, but somewhat. Toward the end -- this is20on both table -- well, both for the option if new or21amended contentions are filed. And then if no new22amended contentions are filed, you have deadline for23both motions in limine and questions for the Board. 24What we're thinking of doing is simply25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 139saying file both of those within five days of the1hearing. Motions in limine -- I mean, this is a2hearing by a board, so we're not dealing with a jury. 3Motions in limine I think we would certainly -- can4hear them and rule on them, but I'm not sure that5that's something we can normally rule on when we issue6our decision on the merits. 7Striking -- if there's a motion to strike8some proffered testimony or not to consider some9exhibit, we can go ahead and rule on that in our10motion -- or our -- excuse me, in our ruling on the11merits. 12Questions for the Board we don't really13need them until shortly before the hearing. That14would enable us to cut down the days for the15evidentiary hearing by about 15 days. That would be16approximately, yes, 15 days less than is shown on both17these schedules. 18I mean, if anybody has any strong19objections to doing those things, we'll consider them. 20So if you do, please now or forever hold your peace.21(No audible response.)22CHAIRMAN SPRITZER:  Going once, twice,23three times. All right. We don't seem to have any24strong objection, so we'll address that in the order25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 140we're going to issue shortly.1Let's see. That's pretty much all we2have. Are there any other issues that anyone wants to3discuss now?  We're probably not going to be on the4line together for awhile given that the safety5evaluation is likely coming out before August, so if6there other concerns, now would be a good time to7raise them.8MR. BESSETTE:  Your Honor, this is Paul9Bessette. We have no other questions.10CHAIRMAN SPRITZER:  All right. Staff?11MS. HARRIS:  Your Honor, this is Brian12Harris. We have no other questions.13CHAIRMAN SPRITZER:  All right. And14interveners?15MS. TREAT:  Thank you, Your Honor. It's16Natalie Treat and we have no other questions or17comments at this time.18CHAIRMAN SPRITZER:  All right. Very good. 19We'll get an order out shortly that will memorialize20the schedule in line with what you all proposed plus21the one modification that we've come up with on our22own. Unless either of my colleagues on the Board have23anything, we'll adjourn and get an order out promptly.24MR. BESSETTE:  Thank you, Your Honor.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 141CHAIRMAN SPRITZER:  Thank you.1MS. TREAT:  Thank you, everyone.2MS. HARRIS:  Thank you, Your Honor.3CHAIRMAN SPRITZER:  We're adjourned.4(Whereupon, the above-entitled matter went5off the record at 1:09 p.m.)67 8
910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433  
910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433}}
}}

Revision as of 03:39, 18 May 2018

Hearing Transcript of Nextera Energy Seabrook, Unit 1, Teleconference, November 28, 2017, Pages 133-141
ML17334A216
Person / Time
Site: Seabrook NextEra Energy icon.png
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 ProceedingsNUCLEAR REGULATORY COMMISSIONTitle:Nextera Energy SeabrookSeabrook Station, Unit 1Docket Number:50-443-LA-2 ASLBP Number:17-953-LA-BD01 Location:teleconference Date:Tuesday, November 28, 2017Work Order No.:NRC-3394Pages 133-141NEAL R. GROSS AND CO., INC.Court Reporters and Transcribers1323 Rhode Island Avenue, N.W.Washington, D.C. 20005(202) 234-4433 133UNITED STATES OF AMERICA1NUCLEAR REGULATORY COMMISSION2+ + + + +3ATOMIC SAFETY AND LICENSING BOARD PANEL4+ + + + +5PRE-HEARING CONFERENCE6--------------------------x7In the Matter of:  : Docket No.8NEXTERA ENERGY SEABROOK,  : 50-443-LA-29LLC  : ASLBP No.10(Seabrook Station, Unit 1): 17-953-LA-BD0111--------------------------x12Tuesday, November 28, 20171314Teleconference1516BEFORE:17RONALD M. SPRITZER, Chairman18NICHOLAS G. TRIKOUROS, Administrative Judge19SEKAZI MTINGWA, Administrative Judge2021 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 134APPEARANCES:12Counsel for the Applicant3Paul M. Bessette, Esq.4Ryan K. Lighty, Esq5of:Morgan, Lewis & Bockius, LLP61111 Pennsylvania Avenue, NW7Washington, DC 200048202-739-5796 (Paul Bessette)9paul.bessette@morganlewis.com10ryan.lighty@morganlewis.com1112On Behalf of the Nuclear Regulatory Commission13Brian Harris, Esq.14Jeremy Wachutka, Esq.15of:U.S. Nuclear Regulatory Commission16Office of the General Counsel17Mail Stop O-14A4418Washington, DC 20555-000119301-287-9120 (Brian Harris)20brian.harris@nrc.gov21jeremy.wachutka@nrc.gov2223 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 135On Behalf of C-10 Research & Education1Foundation2Natalie Hildt Treat3C-10 Research & Education Foundation444 Merrimac Street5Newburyport, MA 019506978-465-66467natalie@c-10.org8910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 136P-R-O-C-E-E-D-I-N-G-S11:03 p.m.2CHAIRMAN SPRITZER: We are here in the3matter of Nextera Energy Seabrook, that case involving4Seabrook Station Unit 1. This is docket No. 50-443-5LA-2. We are here to conduct a conference call on --6for the scheduling of the remainder of this7proceeding. 8Before we proceed to discuss scheduling9let's go around and have the representatives identify10themselves for the record. Why don't we start with11Nextera?12MR. BESSETTE: Good afternoon, Your Honor. 13This is Paul Bessette representing Nextera, and with14me I have Ryan Lighty, and on the listen-only line we15have Steve Hamrick from the -- from Nextera. 16CHAIRMAN SPRITZER: Very good. And for17the NRC staff?18MS. HARRIS: Yes, Your Honor, this is19Brian Harris and I have with me Jeremy Wachutka for20the NRC staff and a couple members of the staff21sitting in and listening in.22CHAIRMAN SPRITZER: Very good. And for23the interveners, C-10?24MS. TREAT: Hello again. This is Natalie25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 137Treat with the C-10 Foundation.1CHAIRMAN SPRITZER: Okay. Well, we can2shorten -- thanks to your efforts, we'll be able to I3think make this a fairly brief call since you've4provided us with agreements on both mandatory5disclosure and scheduling, which was very helpful. 6Thank you for your efforts on that.7Just so we're clear, let me ask a 8question first on the mandatory disclosures. That9indicates in the -- I believe it's paragraph No. 110parties are not required to identify or produce11privileged documents. Just so we're clear, this is12intended to waive the requirement of 10 CFR132.336(a)(3) and also Section (b)(5) of Section 2.336,14which would require the identification, not15necessarily the production, but identification of16privileged documents.17Am I interpreting that correctly?18MR. BESSETTE: Your Honor, I'm looking up19the -- this is Paul Bessette. I'm looking up the20regulations, but the idea is to waive the production21of the privileged log, as you noted, yes.22CHAIRMAN SPRITZER: Okay. Just want to23make sure everybody's clear on that. 24Is that clear to the interveners as well?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 138MS. TREAT: Yes.1CHAIRMAN SPRITZER: Okay.2MS. TREAT: Yes, thank you.3CHAIRMAN SPRITZER: All right. 4MS. HARRIS: It's clear to the --5CHAIRMAN SPRITZER: All right. For the6interveners I take it you are not -- at least as of7this date you are not represented by counsel?8MS. TREAT: We are not.9CHAIRMAN SPRITZER: Are you -- do you have10any likelihood of doing that?11MS. TREAT: We are exploring options to12raise funds to pay for counsel and the technical13experts, Your Honor.14CHAIRMAN SPRITZER: All right. I think as15far as the schedule that you all have proposed, we16don't have any major issues with that. I do have one17suggestion to shorten the -- we do have one suggestion18from the Board that might shorten things a little bit. 19Not greatly, but somewhat. Toward the end -- this is20on both table -- well, both for the option if new or21amended contentions are filed. And then if no new22amended contentions are filed, you have deadline for23both motions in limine and questions for the Board. 24What we're thinking of doing is simply25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 139saying file both of those within five days of the1hearing. Motions in limine -- I mean, this is a2hearing by a board, so we're not dealing with a jury. 3Motions in limine I think we would certainly -- can4hear them and rule on them, but I'm not sure that5that's something we can normally rule on when we issue6our decision on the merits. 7Striking -- if there's a motion to strike8some proffered testimony or not to consider some9exhibit, we can go ahead and rule on that in our10motion -- or our -- excuse me, in our ruling on the11merits. 12Questions for the Board we don't really13need them until shortly before the hearing. That14would enable us to cut down the days for the15evidentiary hearing by about 15 days. That would be16approximately, yes, 15 days less than is shown on both17these schedules. 18I mean, if anybody has any strong19objections to doing those things, we'll consider them. 20So if you do, please now or forever hold your peace.21(No audible response.)22CHAIRMAN SPRITZER: Going once, twice,23three times. All right. We don't seem to have any24strong objection, so we'll address that in the order25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 140we're going to issue shortly.1Let's see. That's pretty much all we2have. Are there any other issues that anyone wants to3discuss now? We're probably not going to be on the4line together for awhile given that the safety5evaluation is likely coming out before August, so if6there other concerns, now would be a good time to7raise them.8MR. BESSETTE: Your Honor, this is Paul9Bessette. We have no other questions.10CHAIRMAN SPRITZER: All right. Staff?11MS. HARRIS: Your Honor, this is Brian12Harris. We have no other questions.13CHAIRMAN SPRITZER: All right. And14interveners?15MS. TREAT: Thank you, Your Honor. It's16Natalie Treat and we have no other questions or17comments at this time.18CHAIRMAN SPRITZER: All right. Very good. 19We'll get an order out shortly that will memorialize20the schedule in line with what you all proposed plus21the one modification that we've come up with on our22own. Unless either of my colleagues on the Board have23anything, we'll adjourn and get an order out promptly.24MR. BESSETTE: Thank you, Your Honor.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 141CHAIRMAN SPRITZER: Thank you.1MS. TREAT: Thank you, everyone.2MS. HARRIS: Thank you, Your Honor.3CHAIRMAN SPRITZER: We're adjourned.4(Whereupon, the above-entitled matter went5off the record at 1:09 p.m.)67 8

910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433