ML110280210

2011/01/28-Letter from the Secretary to Mr. Robert Leyse Regarding His Submission Dated January 11, 2011

ML110280210
Person / Time
Site:	Point Beach
Issue date:	01/28/2011
From:	Vietti-Cook A L NRC/SECY
To:	Leyse R - No Known Affiliation
SECY RAS
References
Operating License Amendment, RAS 19500, 50-266-OLA, 50-301-OLA
Download: ML110280210 (3)

Text

Mr. Robert Leyse P.O. Box 2850 Sun Valley, Idaho 83353-2850

Dear Mr. Leyse;

The Office of the Secretary has received your submission dated January 11, 2011. The Electronic Information Exchange ("EIE") Form you filed states that the submission is a "Legal Petition to Intervene/Request for Hearing" in response to the request by NextEra Energy Point Beach LLC for a license amendment to increase the core power level at the Point Beach

Nuclear Power Plant.

See 75 Fed. Reg. 70,305 (Nov. 17, 2010). But the submission itself consists of a Petition for Rulemaking, PRM-50-93, that is already pending before the agency, not a request for an administrative hearing on this particular proposed amendment. Moreover, the submission does not attempt to demonstrate that you have standing to intervene in the proceeding, 10 C.F.R. § 2.309(d), and does not contain contentions challenging the proposed

power increase, 10 C.F.R. § 2.309(f)(1).

Because this submission did not appear to be a Request for Hearing, members of my staff telephoned you on January 12, 2011, to ask whether you intended this submission to constitute a Request for Hearing. My staff noted the possible problems with the submission and advised you of the applicable regulations. I understand that you advised them that you wanted this submission to be considered as a Request for Hearing.

Accordingly, after review, I have determined that the submission does not comply with the Commission's pleading requirements set forth in 10 C.F.R. Part 2 and fails to set forth a basis for further proceedings. Accordingly, I am denying your request for a hearing in this matter under my authority in 10 C.F.R. § 2.346(h).

I also note that your EIE form states that "The must be no authorization of power level increases at Point Beach until PRM-50-93 is resolved." That statement appears to request that the Commission issue an administrative "stay" of the Staff's review of the amendment request - as well as the Point Beach proceeding itself - pending completion of the rulemaking proceeding.

But absent extraordinary conditions, Commission does not interrupt licensing reviews or adjudicatory proceedings, as it recently explained in denying a similar request. See In re Petition For Rulemaking to Amend 10 C.F.R. 54.17(c), CLI-11-01, issued on January 24, 2011.

Moreover, generally speaking, a person must first successfully intervene in an NRC proceeding in order to seek a stay of that NRC proceeding and the related NRC staff action, 10

C.F.R. § 2.342. The Commission can exercise its discretion to stay actions by the NRC Staff, but only when the person seeking the stay presents a detailed explanation for the request and addresses the criteria considered by courts (and the Commission) when reviewing stay

requests.

UNITED STATESNUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 28, 2011 SECRETARY In this case, you have not successfully intervened in the proceeding. Furthermore, you have not explained why the Commission should stay the Staff's review of NextEra's request for a power increase, i.e., you have not explained what "extraordinary" conditions exist in this case, and you have not addressed the required criteria to justify a stay. Accordingly, I am denying your stay request under my authority in 10 C.F.R. § 2.346(j).

This letter completes NRC action on your submission of January 11, 2011. A copy is being served to those on the service list for the Point Beach proceeding.

Sincerely,

/RA/

Annette L. Vietti-Cook

cc: Service List UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

NEXTERA ENERGY POINT BEACH, LLC ) Docket Nos. 50-266-OLA (Point Beach Nuclear Plant, Units 1 and 2) ) 50-301-OLA

) (License Amendment) ) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing letter from the Secretary dated January 28, 2011, have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16C1 Washington, DC 20555-0001

ocaamail@nrc.gov

U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001

hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15D21 Washington, DC 20555-0001

Brian Newell, Paralegal

brian.newell@nrc.gov David Roth, Esq.

david.roth@nrc.gov Lloyd Subin, Esq. lloyd.subin@nrc.gov Edward Williamson, Esq.

edward.williamson@nrc.gov OGC Mail Center OGCMailCenter@nrc.gov NextEra Energy Point Beach, LLC P.O. Box 14000 Juno Beach, FL 93408-0420 William Blair, Esq.

william.blair@fpl.com Antonio Fernandez, Esq.

antonio.fernandez@fpl.com Florida Power & Light Company 801 Pennsylvania Ave., NW, Suite 220 Washington, DC 20004 Kim Bartels, Paralegal

kim.bartels@fpl.com Steven Hamrick, Esq.

steven.hamrick@fpl.com

[Original signed by Linda D. Lewis]

Office of the Secretary of the Commission

Dated at Rockville, Maryland

this 28 th day of January 2011