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However, the parties will identify such documents (other than documents available via the NRC's website or ADAMS, which are cove red in item 5 above), along with information regarding the location of such documents (e.g., web address). | However, the parties will identify such documents (other than documents available via the NRC's website or ADAMS, which are cove red in item 5 above), along with information regarding the location of such documents (e.g., web address). | ||
7.If an identical document is found in multiple locations or in mu ltiple formats (e.g., hardcopy and electronic), the parties are only required to iden tify or produce oneinstance of the document; and 8.All required productions shall be provided in a text-searchable electronic format, to the extent practicable | 7.If an identical document is found in multiple locations or in mu ltiple formats (e.g., hardcopy and electronic), the parties are only required to iden tify or produce oneinstance of the document; and 8.All required productions shall be provided in a text-searchable electronic format, to the extent practicable | ||
.1Any request for the production of proprietary documents would be governed by the terms of an appropriate protective order to be issued by this Licensing Board. Within 14 days of initial disclosures, the parties will submit a joint proposal for this Board's consideration regarding the issuance of a protective order. We grant in part the requested hearing schedule, as follows: Issuance of DSEIS (D) (expected March 2019) May 10, 2019 Initial Disclosures Due (I) (Disclosures shall be supplemented by each party on the last working day of each month thereafter). D + 30 Deadline for dispositive motions based on DSEIS. D + 50 Deadline for answer supporting or opposing a dispositive motion. | .1Any request for the production of proprietary documents would be governed by the terms of an appropriate protective order to be issued by this Licensing Board. Within 14 days of initial disclosures, the parties will submit a joint proposal for this Board's consideration regarding the issuance of a protective order. We grant in part the requested hearing schedule, as follows: Issuance of DSEIS (D) (expected March 2019) May 10, 2019 Initial Disclosures Due (I) (Disclosures shall be supplemented by each party on the last working day of each month thereafter). D + 30 Deadline for dispositive motions based on DSEIS. D + 50 Deadline for answer supporting or opposing a dispositive motion. | ||
[Later of D or I] +45 Deadline for new (N) or amended contentions based on DSEIS. N + 25 Answers to new or amended contentions based on DSEIS. N + 32 Replies to answers to new or amended contentions based on DSEIS. N + 77 Board Order on admission of new or amended contentions based on DSEIS (if oral argument or supplemental briefing is not required). Issuance of FSEIS (F) (expected August 2019) YES NO [NEW OR AMENDED CONTENTIONS ON FSEIS] F + 30 --- Deadline for new or amended contentions based on FSEIS. F + 55 --- Answers to new or amended contentions based on FSEIS. F + 62 --- Replies to answers to new or amended contentions based on FSEIS. F + 107 --- Board Order (O) on admission of new or amended contentions based on FSEIS (if oral argument or supplemental briefing is not required). O + 14 F + 44 Complete mandatory disclosures. | [Later of D or I] +45 Deadline for new (N) or amended contentions based on DSEIS. N + 25 Answers to new or amended contentions based on DSEIS. N + 32 Replies to answers to new or amended contentions based on DSEIS. N + 77 Board Order on admission of new or amended contentions based on DSEIS (if oral argument or supplemental briefing is not required). Issuance of FSEIS (F) (expected August 2019) YES NO [NEW OR AMENDED CONTENTIONS ON FSEIS] F + 30 --- Deadline for new or amended contentions based on FSEIS. F + 55 --- Answers to new or amended contentions based on FSEIS. F + 62 --- Replies to answers to new or amended contentions based on FSEIS. F + 107 --- Board Order (O) on admission of new or amended contentions based on FSEIS (if oral argument or supplemental briefing is not required). O + 14 F + 44 Complete mandatory disclosures. | ||
2 O + 30 F + 60 Deadline for dispositive motions based on FSEIS. O + 50 F + 80 Deadline for answer supporting or opposing a dispositive motion. O + 70 F + 100 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)]. O + 110 F + 140 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)]. O + 125 F + 155 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) & (ii)]. O + 150 F + 180 Evidentiary Hearing (HRG). HRG + 24 Deadline for proposed findings of fact & conclusions of law. | 2 O + 30 F + 60 Deadline for dispositive motions based on FSEIS. O + 50 F + 80 Deadline for answer supporting or opposing a dispositive motion. O + 70 F + 100 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)]. O + 110 F + 140 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)]. O + 125 F + 155 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) & (ii)]. O + 150 F + 180 Evidentiary Hearing (HRG). HRG + 24 Deadline for proposed findings of fact & conclusions of law. | ||
[later of HRG or close of record] + 90 Initial Decision. | [later of HRG or close of record] + 90 Initial Decision. | ||
2We note that the duty to disclose is "continuing" and only "ends when the [Board] issues a decision resolving the contention, or at such other time as may be specified by the [Board] or the Commission." 10 C.F.R. § 2.336(d). In LBP-19-3, this Board referred to the Commission our ruling that 10 C.F.R. §51.53(c)(3) applies to the preparation of environmental reports in subsequent licen se review proceedings. See LBP-19-3, 89 NRC at __, n.46 (slip op. at 25 n.46). It is to be acknowledged that the Commission's decision on our referred ruling could impact this hearing schedule. Any objection to this order must be filed within five days after service of this order. See 10 C.F.R. § 2.329(e). It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD | 2We note that the duty to disclose is "continuing" and only "ends when the [Board] issues a decision resolving the contention, or at such other time as may be specified by the [Board] or the Commission." 10 C.F.R. § 2.336(d). In LBP-19-3, this Board referred to the Commission our ruling that 10 C.F.R. §51.53(c)(3) applies to the preparation of environmental reports in subsequent licen se review proceedings. See LBP-19-3, 89 NRC at __, n.46 (slip op. at 25 n.46). It is to be acknowledged that the Commission's decision on our referred ruling could impact this hearing schedule. Any objection to this order must be filed within five days after service of this order. See 10 C.F.R. § 2.329(e). It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD | ||
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Email: edan@superlawgroup.com Monroe County, Florida Derek Howard, Esq. | Email: edan@superlawgroup.com Monroe County, Florida Derek Howard, Esq. | ||
Assistant Monroe County Attorney 1111 12 th Street, Suite 408 Key West, FL 33040 E-mail: howard-derek@monroecounty | Assistant Monroe County Attorney 1111 12 th Street, Suite 408 Key West, FL 33040 E-mail: howard-derek@monroecounty | ||
-fl.gov | -fl.gov | ||
[Original signed by Clara Sola | |||
] Office of the Secretary of the Commission | ] Office of the Secretary of the Commission | ||
Dated at Rockville, Maryland, th is 21 st day of March , 2019}} | Dated at Rockville, Maryland, th is 21 st day of March , 2019}} |
Revision as of 15:47, 22 April 2019
ML19080A209 | |
Person / Time | |
---|---|
Site: | Turkey Point ![]() |
Issue date: | 03/21/2019 |
From: | Hawkens E R Atomic Safety and Licensing Board Panel |
To: | |
SECY RAS | |
References | |
50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 54879 | |
Download: ML19080A209 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: E.Roy Hawkens, Chairman Dr. Michael F. KennedyDr. Sue H. Abreu In the Matter of FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4) Docket Nos. 50-250-SLR & 50-251-SLR ASLBP No. 18-957-01-SLR-BD01
March 21, 2019 INITIAL SCHEDULI NG ORDER In the above-captioned p roceeding, this Licensing Board granted hearing requests filed by (1) Southern Alliance for Clean Energy (SACE), and (2) Friends of the Earth, Inc., Natural Resources Defense Council, Inc., and Miami Waterkeeper, Inc. (collectively, Joint Petitioners), challenging the subsequent license renewal application by Florida Power & Light Company (FPL) for two nuclear power reactors, Turkey Point Units 3 and 4, at FPL's facility near Homestead, Florida. See LBP-19-3, 89 NRC __ (2019). On March 19, 2019, SACE, Joint Petitioners, FPL, and the NRC Staff filed a joint motion regarding the hearing schedule, mandatory disclosures, and hearing file obligations in this proceeding. See Joint Motion Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations (Mar. 19, 2019). This motion confirmed that the NRC Staff expects to issue the Draft Supplemental Environmental Impact Statement (DSEIS) in March 2019, and it also indicated that the NRC Staff expects to issue the Final Supplemental Environmental Impact Statement (FSEIS) in August 2019. See id. at 3. Consistent with these expectations, the parties requested that the Board approve a unanimously agreed-upon disclosure protocol and hearing schedule. We grant the requested disclosure protocol, as follows:
Disclosure Protocol 1.The parties are not required to identify or produce privileged documents (e.g., attorney-client communications, attorney work product, delib erative process).
However, th e parties will identify proprietary documents; 1 2.The parties are not required to identify or produce any document that has been served on all other partie s to this proceeding;3.The parties are not required to identify or produce press clippings;4.The parties are not required to identify or produce draft documents (includingcomments on drafts, resolutions of comments, draft transmittals, or similardocuments). However the parties will identify (and produce, if requested) any relevant final revisions of documents, i.e., Rev. 1, Rev. 2.
5.The NRC Staff will combine its mandatory di sclosures and hearing file disclosures,and will identify the location where all non-privileged documents that it is required to
disclose are available via the NRC's webs ite or the NRC's Agencywide DocumentsAccess and Management System (ADAMS), as required by 10 C.F.R. §§ 2.336(b)and 2.1203. The parties are not otherwise required to identify or produce documents
available via the NRC's website or ADAMS.
6.The parties are not required to produce documents that are publicly available.
However, the parties will identify such documents (other than documents available via the NRC's website or ADAMS, which are cove red in item 5 above), along with information regarding the location of such documents (e.g., web address).
7.If an identical document is found in multiple locations or in mu ltiple formats (e.g., hardcopy and electronic), the parties are only required to iden tify or produce oneinstance of the document; and 8.All required productions shall be provided in a text-searchable electronic format, to the extent practicable
.1Any request for the production of proprietary documents would be governed by the terms of an appropriate protective order to be issued by this Licensing Board. Within 14 days of initial disclosures, the parties will submit a joint proposal for this Board's consideration regarding the issuance of a protective order. We grant in part the requested hearing schedule, as follows: Issuance of DSEIS (D) (expected March 2019) May 10, 2019 Initial Disclosures Due (I) (Disclosures shall be supplemented by each party on the last working day of each month thereafter). D + 30 Deadline for dispositive motions based on DSEIS. D + 50 Deadline for answer supporting or opposing a dispositive motion.
[Later of D or I] +45 Deadline for new (N) or amended contentions based on DSEIS. N + 25 Answers to new or amended contentions based on DSEIS. N + 32 Replies to answers to new or amended contentions based on DSEIS. N + 77 Board Order on admission of new or amended contentions based on DSEIS (if oral argument or supplemental briefing is not required). Issuance of FSEIS (F) (expected August 2019) YES NO [NEW OR AMENDED CONTENTIONS ON FSEIS] F + 30 --- Deadline for new or amended contentions based on FSEIS. F + 55 --- Answers to new or amended contentions based on FSEIS. F + 62 --- Replies to answers to new or amended contentions based on FSEIS. F + 107 --- Board Order (O) on admission of new or amended contentions based on FSEIS (if oral argument or supplemental briefing is not required). O + 14 F + 44 Complete mandatory disclosures.
2 O + 30 F + 60 Deadline for dispositive motions based on FSEIS. O + 50 F + 80 Deadline for answer supporting or opposing a dispositive motion. O + 70 F + 100 Deadline for initial written statements of position, written direct testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(1)]. O + 110 F + 140 Deadline for written responses, written rebuttal testimony, and proposed exhibits [10 C.F.R. § 2.1207(a)(2)]. O + 125 F + 155 Proposed questions (filed in camera) for the Board to consider propounding at the evidentiary hearing [10 C.F.R. § 2.1207(a)(3)(i) & (ii)]. O + 150 F + 180 Evidentiary Hearing (HRG). HRG + 24 Deadline for proposed findings of fact & conclusions of law.
[later of HRG or close of record] + 90 Initial Decision.
2We note that the duty to disclose is "continuing" and only "ends when the [Board] issues a decision resolving the contention, or at such other time as may be specified by the [Board] or the Commission." 10 C.F.R. § 2.336(d). In LBP-19-3, this Board referred to the Commission our ruling that 10 C.F.R. §51.53(c)(3) applies to the preparation of environmental reports in subsequent licen se review proceedings. See LBP-19-3, 89 NRC at __, n.46 (slip op. at 25 n.46). It is to be acknowledged that the Commission's decision on our referred ruling could impact this hearing schedule. Any objection to this order must be filed within five days after service of this order. See 10 C.F.R. § 2.329(e). It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD
_________________________ E.Roy Hawkens, ChairmanADMINISTRATIVE JUDGE Rockville, Maryland March 21, 2019 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
) ) FLORIDA POWER & LIGHT COMPANY ) Docket No s. 50-250-SLR ) 50-251-SLR (Turkey Point Nuclear Generating
) Units 3 & 4)
CERTIFICATE OF SERVICE I hereby cert ify that copies of the foregoing IN ITIAL SCHEDULING ORDER have been served upon the following persons by Electronic Information.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O
-16B33 Washington, DC 20555
-0001 E-mail: ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O
-16B33 Washington, DC 20555
-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
-0001 E. Roy Hawkens, Chairman Sue Abrue, Administrative Judge Taylor A. Mayhall, Law Clerk Joseph D. McManus, Law Clerk E-mail: Roy.Hawkens@nrc.gov Sue.Abrue@nrc.gov Taylor.Mayhall@nrc.gov Joseph.McManus@nrc.gov
U.S. Nuclear Regulatory Commission Office of the General Counsel
Mail Stop - O-14A44 Washington, DC 20555
-0001 Anita Ghosh, Esq.
Brian Harris, Esq.
Esther R. Houseman David E. Roth, Esq.
Sherwin E. Turk, Esq.
Jeremy L. Wachutka, Esq. Mitzi A. Young, Esq.
Krupskaya T. Castellon, Paralegal E-mail: Anita.Ghosh@nrc.gov Brian.Harris@nrc.gov Esther.Houseman@nrc.gov David.Roth@nrc.gov Sherwin.Turk@nrc.gov Jeremy.Wachutka@nrc.gov Mitzi.Young@nrc.gov Krupskaya.Castellon@nrc.gov
Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
Turkey Point, Units 3 & 4, Docket Nos.
50-250 and 50-2 51-SLR IN ITIAL SCHEDULING ORDER 2 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. O'Neill E-mail: Paul.Bessette@morganlewis.com Stephen.Burdick@morganlewis.com Ryan.Lighty@morganlewis.com Martin.Oneill@mrganlewis.com Natural Resources Defense Council 1152 15 th Street, NW, Suite 300 Washington, DC 20005 Geoffrey H. Fettus E-mail: gfettus@nrdc.org
Southern Alliance for Clean Energy 1725 DeSales Street N,W., Suite 500 Washington, DC 20036 Diane Curran Harmon, Curran, Spielberg, & Eisenberg, LLP 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 Monroe County, Florida Derek Howard, Esq.
Assistant Monroe County Attorney 1111 12 th Street, Suite 408 Key West, FL 33040 E-mail: howard-derek@monroecounty
-fl.gov
[Original signed by Clara Sola
] Office of the Secretary of the Commission
Dated at Rockville, Maryland, th is 21 st day of March , 2019