ML18282A217

Order (Scheduling Oral Argument)

ML18282A217
Person / Time
Site:	Turkey Point
Issue date:	10/09/2018
From:	Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-250-SLR, 50-251-SLR, License Renewal, RAS 54542
Download: ML18282A217 (4)

Text

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

E. Roy Hawkens, Chairman Dr. Michael F. Kennedy Dr. Sue H. Abreu In the Matter of Docket Nos. 50-250-SLR & 50-251-SLR FLORIDA POWER & LIGHT COMPANY ASLBP No. 18-957-01-SLR-BD01 (Turkey Point Units 3 and 4) October 9, 2018 ORDER (Scheduling Oral Argument)

Pending before this Licensing Board are three petitions to intervene and requests for hearing. On August 1, 2018, petitions were submitted by (1) Southern Alliance for Clean Energy (SACE),1 and (2) Friends of the Earth, Inc., Natural Resources Defense Council, Inc.,

and Miami Waterkeeper, Inc. (collectively, Joint Petitioners).2 A third petition was submitted on August 2, 2018, by Mr. Albert Gomez.3 After reviewing the petitions and subsequent pleadings, the Board has determined that oral argument will assist it in resolving the issues presented.

The Board will conduct oral argument concerning the admissibility of the contentions proffered by petitioners on Tuesday, December 4, 2018, beginning at 8:30 a.m. (Eastern Time), and 1 Southern Alliance for Clean Energys Request for Hearing and Petition to Intervene (Aug. 1, 2018).

2 Request for Hearing and Petition to Intervene Submitted by Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper (Aug. 1, 2018).

3 Proposed Petition to Intervene and for Hearing Under 10 C.F.R. § 2.206, for Docket ID # NRC-2018-0074 (Aug. 2, 2018).

adjourning no later than 4:30 p.m. (Eastern Time). The oral argument will be held at the City of Homesteads Council Chambers, located at 100 Civic Court, Homestead, Florida 33030.

The Board will first hear argument from counsel for SACE, who will be allotted a total of one hour and thirty minutes (to include rebuttal, if any), followed by counsel for the NRC Staff and then Florida Power & Light (FPL), each of whom will be allotted forty-five minutes of argument time. The Board will then hear argument from counsel for the Joint Petitioners, who will be allotted a total of one hour (to include rebuttal, if any), followed by counsel for the NRC Staff and then FPL, each of whom will be allotted a total of thirty minutes of argument time. All parties should be thoroughly prepared to discuss the issues raised in the petitions.4 No witnesses, other party affiliates, or members of the public will be heard during the argument. However, the public may attend the oral argument. Moreover, the oral argument will be transcribed, and the transcript will promptly be placed in the NRCs electronic hearing docket, where it may be accessed by the public.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

________________________

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 9, 2018 4 Mr. Gomez has stated that he will not be available for oral argument on December 4, 2018. As this Licensing Board advised Mr. Gomez during an October 4, 2018 prehearing telephone conference call, he will not be prejudiced by his absence, because if the Board has any questions regarding his petition, it will submit them to him in writing. See Official Transcript of Proceedings, [FPL] Turkey Point Units 3 and 4 Teleconference at 7-8 (Oct. 4, 2018). If Mr.

Gomezs circumstances change such that he (or any counsel he may retain) becomes available to attend the oral argument, he (or his counsel) should promptly inform the Boards law clerk, Sarah Ladin, at sarah.ladin@nrc.gov.

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

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-SLR

) 50-251-SLR (Turkey Point Nuclear Generating )

Units 3 & 4)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Scheduling Oral Argument) have been served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk (*).

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Anita Ghosh, Esq.

Brian Harris, Esq.

U.S. Nuclear Regulatory Commission Esther R. Houseman Office of the Secretary of the Commission David E. Roth, Esq.

Mail Stop: O-16B33 Sherwin E. Turk, Esq.

Washington, DC 20555-0001 Jeremy L. Wachutka, Esq.

E-mail: hearingdocket@nrc.gov Mitzi A. Young, Esq.

Krupskaya T. Castellon, Paralegal Atomic Safety and Licensing Board Panel E-mail: Anita.Ghosh@nrc.gov U.S. Nuclear Regulatory Commission Brian.Harris@nrc.gov Washington, DC 20555-0001 Esther.Houseman@nrc.gov E. Roy Hawkens, Chairman David.Roth@nrc.gov Sue Abrue, Administrative Judge Sherwin.Turk@nrc.gov Michael F. Kennedy, Administrative Judge Jeremy.Wachutka@nrc.gov Sarah B. Ladin, Law Clerk Mitzi.Young@nrc.gov Joseph D. McManus, Law Clerk Krupskaya.Castellon@nrc.gov E-mail: Roy.Hawkens@nrc.gov Sue.Abrue@nrc.gov Florida Power & Light Company Michael.Kennedy@nrc.gov 801 Pennsylvania Ave. NW Suite 220 Sarah.Ladin@nrc.gov Washington, DC 20004 Joseph.McManus@nrc.gov Steven C. Hamrick, Esq.

E-mail: steven.hamrick@fpl.com Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.

Washington, DC 20004 Paul M. Bessette, Esq.

Stephen J. Burdick, Esq.

Ryan K. Lighty, Esq.

Martin J. ONeill E-mail: Paul.Bessette@morganlewis.com Stephen.Burdick@morganlewis.com Ryan.Lighty@morganlewis.com Martin.Oneill@mrganlewis.com

Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LR ORDER (Scheduling Oral Argument)

Natural Resources Defense Council Albert Gomez*

1152 15th Street, NW, Suite 300 3566 Vista Court Washington, DC 20005 Miami, FL 33133 Geoffrey H. Fettus E-mail: albert@icassemblies.com E-mail: gfettus@nrdc.org Monroe County, Florida Southern Alliance for Clean Energy Derek Howard, Esq.

1725 DeSales Street N,W., Suite 500 Assistant Monroe County Attorney Washington, DC 20036 1111 12th Street, Suite 408 Diane Curran Key West, FL 33040 Harmon, Curran, Spielberg, & Eisenberg, LLP E-mail: howard-derek@monroecounty-fl.gov E-mail: dcurran@harmoncurran.com Counsel for Miami Waterkeeper, Inc.

The Super Law Group 180 Maiden Lane, Suite 601 New York, NY 10038 Edan Rotenberg, Esq.

Email: edan@superlawgroup.com

[Original signed by Clara Sola ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 9th day of October, 2018 2