ML19226A384: Difference between revisions
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| number = ML19226A384 | | number = ML19226A384 | ||
| issue date = 08/14/2019 | | issue date = 08/14/2019 | ||
| title = Corrected Intervenors | | title = Corrected Intervenors Opposition to Florida Power & Light Co., Motion to Strike Intervenors Reply to FPLs and NRC Staffs Answer to Intervenors Waiver Petition | ||
| author name = Ayres R, Cox K, Fettus G, Reiser C, Rumelt K | | author name = Ayres R, Cox K, Fettus G, Reiser C, Rumelt K | ||
| author affiliation = Ayres Law Group, Environmental & Natural Resources Law Clinic, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council (NRDC) | | author affiliation = Ayres Law Group, Environmental & Natural Resources Law Clinic, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council (NRDC) | ||
| Line 16: | Line 16: | ||
=Text= | =Text= | ||
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | {{#Wiki_filter:1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | ||
) | |||
In the Matter of | In the Matter of | ||
) | |||
FLORIDA POWER & LIGHT COMPANY | Docket Nos. 50-250 & 50-251 | ||
) | |||
(Turkey Point Nuclear Generating Station, | FLORIDA POWER & LIGHT COMPANY | ||
) | |||
(Subsequent License Renewal Application) | ASLBP No. 18-957-01-SLR-DB01 | ||
CORRECTED INTERVENORS OPPOSITION TO FLORIDA POWER & LIGHT COMPANYS MOTION TO STRIKE INTERVENORS REPLY TO FPLS AND NRC STAFFS ANSWER TO INTERVENORS WAIVER PETITION The Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (Intervenors) hereby oppose Florida Power & Light Co.s (Applicant) August 2, 2019 Motion to Strike.1 As indicated in its Motion to Strike, the NRC Staff does not join Applicant in this motion, though it does not oppose it.2 Applicant asserts that the NRC does not authorize a petitioner to file a reply in a waiver petition proceeding.3 However, it cites no decision or regulation that squarely support this contention. Rather, it cites 10 C.F.R. § 2.323(c) for the proposition that a party filing a motion 1 | ) | ||
Florida Power & Light Companys Motion to Strike Intervenors Reply to FPLs and NRC Staffs Answers to Their Waiver Petition (Aug. 2, 2019) (ML19214A087). | (Turkey Point Nuclear Generating Station, | ||
) | |||
August 14, 2019 Unit Nos. 3 and 4) | |||
) | |||
) | |||
(Subsequent License Renewal Application) | |||
) | |||
CORRECTED INTERVENORS OPPOSITION TO FLORIDA POWER & LIGHT COMPANYS MOTION TO STRIKE INTERVENORS REPLY TO FPLS AND NRC STAFFS ANSWER TO INTERVENORS WAIVER PETITION The Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (Intervenors) hereby oppose Florida Power & Light Co.s (Applicant) August 2, 2019 Motion to Strike.1 As indicated in its Motion to Strike, the NRC Staff does not join Applicant in this motion, though it does not oppose it.2 Applicant asserts that the NRC does not authorize a petitioner to file a reply in a waiver petition proceeding.3 However, it cites no decision or regulation that squarely support this contention. Rather, it cites 10 C.F.R. § 2.323(c) for the proposition that a party filing a motion 1 Florida Power & Light Companys Motion to Strike Intervenors Reply to FPLs and NRC Staffs Answers to Their Waiver Petition (Aug. 2, 2019) (ML19214A087). | |||
2 Id. at 3. | 2 Id. at 3. | ||
3 Id. at 2-3. | 3 Id. at 2-3. | ||
generally has no right to reply.4 This argument has no merit because Intervenors Waiver Petition is not governed by §2.323; it is governed by §2.335, which is silent on this topic.5 Under Applicants own logic, the rules do not prohibit petitioners seeking a waiver under §2.335 from filing a reply because it is clear that when the Commission intends to [prohibit] a reply, it explicitly [prohibits] such filings.6 The rules explicitly prohibit replies in motion practice, but not for waiver petitions. Thus, Applicants arguments fall flat. | 2 generally has no right to reply.4 This argument has no merit because Intervenors Waiver Petition is not governed by §2.323; it is governed by §2.335, which is silent on this topic.5 Under Applicants own logic, the rules do not prohibit petitioners seeking a waiver under §2.335 from filing a reply because it is clear that when the Commission intends to [prohibit] a reply, it explicitly [prohibits] such filings.6 The rules explicitly prohibit replies in motion practice, but not for waiver petitions. Thus, Applicants arguments fall flat. | ||
Even if there were a rule generally prohibiting replies in waiver petition proceedings, the Board should exercise its authority to consider Intervenors Waiver Reply. The Waiver Petition raises significant issues that affect this proceeding and future ones. This is made clear by the Judge Abreus vigorous dissent in LBP-19-3.7 Intervenors agree with Judge Abreu in that the rule at issue in the Petition, 10 C.F.R. § 51.53(c)(3), does not apply to subsequent license renewal proceedings and therefore should not require a waiver. That is because the text, structure, and history of the rule demonstrate that it does not apply to such proceedings.8 Intervenors nevertheless filed the instant Waiver Petition out of an abundance of caution. | Even if there were a rule generally prohibiting replies in waiver petition proceedings, the Board should exercise its authority to consider Intervenors Waiver Reply. The Waiver Petition raises significant issues that affect this proceeding and future ones. This is made clear by the Judge Abreus vigorous dissent in LBP-19-3.7 Intervenors agree with Judge Abreu in that the rule at issue in the Petition, 10 C.F.R. § 51.53(c)(3), does not apply to subsequent license renewal proceedings and therefore should not require a waiver. That is because the text, structure, and history of the rule demonstrate that it does not apply to such proceedings.8 Intervenors nevertheless filed the instant Waiver Petition out of an abundance of caution. | ||
Intervenors have placed an important legal issue before the Board, which can only benefit from a 4 | Intervenors have placed an important legal issue before the Board, which can only benefit from a 4 Id. at 3. | ||
Id. at 3. | |||
5 Section 2.335 also does not require a petitioner to consult with other parties before filing. | 5 Section 2.335 also does not require a petitioner to consult with other parties before filing. | ||
6 See Mot. to Strike at 3. | 6 See Mot. to Strike at 3. | ||
7 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019) | 7 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019) | ||
(slip op.) | (slip op.) | ||
8 Id. at 89 __,___ (slip op. at 1-17) (Abreu, dissenting). | 8 Id. at 89 __,___ (slip op. at 1-17) (Abreu, dissenting). | ||
full and complete understanding of the issues. As Applicants Motion to Strike notes, Intervenors have no objection should Applicant wish to file a sur-reply. | 3 full and complete understanding of the issues. As Applicants Motion to Strike notes, Intervenors have no objection should Applicant wish to file a sur-reply. | ||
For the foregoing reasons, Intervenors respectfully request that the Board deny Applicants Motion to Strike. | For the foregoing reasons, Intervenors respectfully request that the Board deny Applicants Motion to Strike. | ||
Respectfully submitted, | Respectfully submitted, | ||
/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth | |||
/s/ Geoffrey Fettus Geoffrey Fettus | |||
/s/ Caroline Reiser Caroline Reiser Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 202-289-2371 gfettus@nrdc.org creiser@nrdc.org Counsel for Natural Resources Defense Council | |||
/s/ Richard Ayres Richard E. Ayres Ayres Law Group 2923 Foxhall Road, N.W. | |||
Washington, D.C. 20016 202-722-6930 ayresr@ayreslawgroup.com Counsel for Friends of the Earth | |||
/s/ Kelly Cox Kelly Cox Miami Waterkeeper 2103 Coral Way 2nd Floor Miami, FL 33145 305-905-0856 kelly@miamiwaterkeeper.org Counsel for Miami Waterkeeper August 14, 2019 | |||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD | ||
) | |||
In the Matter of | In the Matter of | ||
) | |||
FLORIDA POWER & LIGHT COMPANY | Docket Nos. 50-250 & 50-251 | ||
) | |||
(Turkey Point Nuclear Generating Station, | FLORIDA POWER & LIGHT COMPANY | ||
) | |||
(Subsequent License Renewal Application) | ASLBP No. 18-957-01-SLR-DB01 | ||
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing Corrected Intervenors Opposition to Florida Power & Light Companys Motion to Strike Intervenors Reply FPLs and NRC Staffs Answer to Intervenors Waiver Petition was filed on the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding. | ) | ||
(Turkey Point Nuclear Generating Station, | |||
) | |||
August 14, 2019 Unit Nos. 3 and 4) | |||
) | |||
) | |||
(Subsequent License Renewal Application) | |||
) | |||
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing Corrected Intervenors Opposition to Florida Power & Light Companys Motion to Strike Intervenors Reply FPLs and NRC Staffs Answer to Intervenors Waiver Petition was filed on the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding. | |||
/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth}} | /s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth}} | ||
Latest revision as of 15:04, 4 January 2025
| ML19226A384 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/14/2019 |
| From: | Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Environmental & Natural Resources Law Clinic, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55167 | |
| Download: ML19226A384 (4) | |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos. 50-250 & 50-251
)
FLORIDA POWER & LIGHT COMPANY
)
ASLBP No. 18-957-01-SLR-DB01
)
(Turkey Point Nuclear Generating Station,
)
August 14, 2019 Unit Nos. 3 and 4)
)
)
(Subsequent License Renewal Application)
)
CORRECTED INTERVENORS OPPOSITION TO FLORIDA POWER & LIGHT COMPANYS MOTION TO STRIKE INTERVENORS REPLY TO FPLS AND NRC STAFFS ANSWER TO INTERVENORS WAIVER PETITION The Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (Intervenors) hereby oppose Florida Power & Light Co.s (Applicant) August 2, 2019 Motion to Strike.1 As indicated in its Motion to Strike, the NRC Staff does not join Applicant in this motion, though it does not oppose it.2 Applicant asserts that the NRC does not authorize a petitioner to file a reply in a waiver petition proceeding.3 However, it cites no decision or regulation that squarely support this contention. Rather, it cites 10 C.F.R. § 2.323(c) for the proposition that a party filing a motion 1 Florida Power & Light Companys Motion to Strike Intervenors Reply to FPLs and NRC Staffs Answers to Their Waiver Petition (Aug. 2, 2019) (ML19214A087).
2 Id. at 3.
3 Id. at 2-3.
2 generally has no right to reply.4 This argument has no merit because Intervenors Waiver Petition is not governed by §2.323; it is governed by §2.335, which is silent on this topic.5 Under Applicants own logic, the rules do not prohibit petitioners seeking a waiver under §2.335 from filing a reply because it is clear that when the Commission intends to [prohibit] a reply, it explicitly [prohibits] such filings.6 The rules explicitly prohibit replies in motion practice, but not for waiver petitions. Thus, Applicants arguments fall flat.
Even if there were a rule generally prohibiting replies in waiver petition proceedings, the Board should exercise its authority to consider Intervenors Waiver Reply. The Waiver Petition raises significant issues that affect this proceeding and future ones. This is made clear by the Judge Abreus vigorous dissent in LBP-19-3.7 Intervenors agree with Judge Abreu in that the rule at issue in the Petition, 10 C.F.R. § 51.53(c)(3), does not apply to subsequent license renewal proceedings and therefore should not require a waiver. That is because the text, structure, and history of the rule demonstrate that it does not apply to such proceedings.8 Intervenors nevertheless filed the instant Waiver Petition out of an abundance of caution.
Intervenors have placed an important legal issue before the Board, which can only benefit from a 4 Id. at 3.
5 Section 2.335 also does not require a petitioner to consult with other parties before filing.
6 See Mot. to Strike at 3.
7 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019)
(slip op.)
8 Id. at 89 __,___ (slip op. at 1-17) (Abreu, dissenting).
3 full and complete understanding of the issues. As Applicants Motion to Strike notes, Intervenors have no objection should Applicant wish to file a sur-reply.
For the foregoing reasons, Intervenors respectfully request that the Board deny Applicants Motion to Strike.
Respectfully submitted,
/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth
/s/ Geoffrey Fettus Geoffrey Fettus
/s/ Caroline Reiser Caroline Reiser Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 202-289-2371 gfettus@nrdc.org creiser@nrdc.org Counsel for Natural Resources Defense Council
/s/ Richard Ayres Richard E. Ayres Ayres Law Group 2923 Foxhall Road, N.W.
Washington, D.C. 20016 202-722-6930 ayresr@ayreslawgroup.com Counsel for Friends of the Earth
/s/ Kelly Cox Kelly Cox Miami Waterkeeper 2103 Coral Way 2nd Floor Miami, FL 33145 305-905-0856 kelly@miamiwaterkeeper.org Counsel for Miami Waterkeeper August 14, 2019
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos. 50-250 & 50-251
)
FLORIDA POWER & LIGHT COMPANY
)
ASLBP No. 18-957-01-SLR-DB01
)
(Turkey Point Nuclear Generating Station,
)
August 14, 2019 Unit Nos. 3 and 4)
)
)
(Subsequent License Renewal Application)
)
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing Corrected Intervenors Opposition to Florida Power & Light Companys Motion to Strike Intervenors Reply FPLs and NRC Staffs Answer to Intervenors Waiver Petition was filed on the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding.
/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth