ML15288A348

NRC Staff Unopposed Motion for an Extension of Time

ML15288A348
Person / Time
Site:	Turkey Point
Issue date:	10/15/2015
From:	Harris B G NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28391
Download: ML15288A348 (7)

Text

October 15, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-LA/251-LA ) (Turkey Point Nuclear Generating, ) Units 3 and 4) ) NRC STAFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS, AND STATEMENT OF POSITION Pursuant to 10 C.F.R. § 2.323(c) and the Atomic Safety and Licensing Board's ("Board") Initial Scheduling Order of May 8, 2015 ("ISO"),1 the NRC Staff ("Staff") hereby requests an extension of time until November 10, 2015,2 for the filing of the Staff's testimony, exhibits and statement of position on Contention 1 in this proceeding. As discussed below, the Staff has discussed this motion with Florida Power & Light Company ("FPL") and Citizens Allied for Safe Energy, Inc. ("CASE"); none of the parties oppose the Staff's motion. In support of this Motion, the Staff states as follows: 1. CASE filed its statement of position and Attachments 4, 5, and 6 on Friday, October 9, 2015. CASE did not file testimony, supporting affidavits, or an exhibit list and Staff was not served with Attachments 1, 2, and 3. After contacting CASE regarding the missing 1 Florida Power & Light Co. (Turkey Point Nuclear Generating, Units 3 and 4), Initial Scheduling Order (May 8, 2015) (unpublished) (Agencywide Documents Access and Management System ("ADAMS") Accession No. ML15128A369). 2 During consultation, counsel for FPL requested that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staff's and FPL's testimony, exhibits, and statements of position on Contention 1.

2 exhibits and exhibit list, CASE provided Attachments 1 and 3 on Wednesday, October 14, 2015. CASE has not yet provided Attachment 2 or an exhibit list to the Staff. 2. As stated in the Board's ISO, the Staff and FPL are required to file their testimony, exhibits, and statements of position in filings that set out both their direct and rebuttal cases. ISO at 7. Under the current schedule, the Staff's and FPL's testimony, exhibits and statements of position on Contention 1 are now due to be filed on or before October 30, 2015. Id. at 8. Based on the current schedule, CASE's rebuttal testimony, statements of position, and exhibits are due twenty-one (21) days later, on November 20, 2012. Id. 3. During consultations regarding the missing documents, CASE indicated that the portion of Attachment 2 that was being referenced appears in its Initial Statement of Position, Testimony, Affidavits, and Exhibits ("CASE's SOP") dated October 9, 2015, as Illustration 8 at 72.3 Attachment 2, however, is referenced in at least one other location. See CASE's SOP at 10, Illustration 1. On Wednesday, October 15, 2015, CASE indicated that Attachment 2 to its SOP consisted of approximately 10 slides and that it was provided as Attachment 1 to CASE's Petition to Intervene and Request for a Hearing ("Petition") (Oct. 14, 2014). However, Attachment 1 to the Petition consists of a document containing 22 pages. See generally, Petition, Attachment 1.4 4. In accordance with the ISO, the Staff would have had twenty-one (21) days to respond to CASE's SOP, testimony, and exhibits. The inability to access all the attachments relied on by CASE in its SOP impacts the Staff's ability to review CASE's filings, determine if other items referenced in the SOP are missing, and develop a statement of position and responsive testimony during the 21-day response time provided by the Initial Scheduling Order. 3 It appears that CASE meant to indicate Illustration 8 on page 70 rather than page 72. 4 In an October 15, 2015, email, CASE's representative repeated his assertion the Attachment 1 to CASE's Petition and Attachment 2 to CASE's SOP are the same document.

3 One-third of the response time allotted to the Staff has already been expended trying to obtain the documents referenced in CASE's SOP. 5. In addition, CASE's SOP appears to contain numerous references to items that have not been provided as exhibits, including a letter from the Department of Environmental Resources Management dated February 1, 2010,5 and several emails or other quotes.6 Without the full-set of exhibits, the Staff is unable to examine whether the information contained in CASE's SOP is represented fairly or accurately. 6. Further, Attachment 1 to CASE's SOP does not appear to be a single document but consists of selective sections taken from various internet sites. The Staff is endeavoring to track down the full source material for the selective quotations assembled and collectively described as Attachment 1. The effort to identify and access the original source consumes considerable effort and time that cannot otherwise be devoted to drafting responsive testimony and a statement of position. 7. For the reasons discussed above, Staff is respectfully seeking an 11-day extension of time, until November 10, 2015, for the filing of its testimony, exhibits, and statement of position on Contention 1. If the extension is granted, CASE's Rebuttal SOP, Testimony, and Exhibits would be due to be filed on December 1, 2015, Motion's in Limine and Motions to Strike would be due on December 15, 2015, and Proposed Questions to the Board and Motions for Cross-Examination would be due to be filed December 22, 2015.7 8. The Staff is aware that the Board has expressed interest in progressing to hearing without unnecessary delay. The Staff respectfully submits that the instant request for 5 CASE's SOP at 28. The letter to make reference to two additional attachments that have not been provided as exhibits. See id. at 29 (referencing Attachment A and Attachment B). 6 CASE's SOP at 37, 38, 41, 42, 47, 48, 56, 68-69, 79. 7 These dates are based on applying the 11-day extension to each remaining milestone dates other than the hearing.

4 an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. The Staff does not believe that this extension of time would affect the hearing on this contention that is currently scheduled for the week of January 11, 2016. 9. In accordance with 10 C.F.R. § 2.323(b) and the Initial Scheduling Order, Staff Counsel has contacted CASE's representative, Mr. Barry White, and FPL's counsel. Counsel for FPL stated that it does not object to the Staff's requested extension and requests that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staff's and FPL's testimony, exhibits, and statements of position on Contention 1; the Staff does not oppose that request. CASE's representative stated that CASE does not oppose the Staff's request and is amenable to a common date being established for both the Staff's and FPL's filings. WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until November 10, 2015, in which to file their written testimony, exhibits, and statements of position in this proceeding. Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 15th day of October 2015 5 CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (CASE and FPL), to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful.

Respectfully submitted, Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 15th day of October 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of ) ) FLORIDA POWER & LIGHT CO. ) Docket No. 50-250-LA ) 50-251-LA (Turkey Point Nuclear Generating ) Unit Nos. 3 and 4) ) CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305 (revised), I hereby certify that copies of the foregoing "NRC STAFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION" dated October 15, 2015, have been served upon the following persons by the Electronic Information Exchange, the NRC's E-Filing System, in the above-captioned proceeding, or via electronic mail as indicated by an asterisk, this 15thth day of October, 2015. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: T-3 F23 Washington, DC 20555-0001 Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov Dr. Michael F. Kennedy Administrative Judge E-mail: michael.kennedy@nrc.gov Dr. William W. Sager Administrative Judge E-mail: william.sager@nrc.gov Nicole Pepperl, Law Clerk E-mail: Nicole.pepperl@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4 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 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 Brian Harris, Esq. David Roth, Esq. Edward Williamson, Esq. Daniel Straus, Esq. John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov david.roth@nrc.gov edward.williamson@nrc.gov daniel.straus@nrc.gov john.tibbetts@nrc.gov Florida Power & Light Company 700 Universe Blvd. Juno Beach, Florida 33408 Nextera Energy Resources William Blair, Esq. E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq. E-mail: steven.hamrick@fpl.com Citizens Allied for Safe Energy, Inc.* 10001 SW 129 Terrace Miami, FL 33176 Barry J. White E-mail: bwtamia@bellsouth.net /Signed (electronically) by/ Brian G. Harris Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-1392 E-mail: Brian.Harris@nrc.gov Date of Signature: October 15, 2015 October 15, 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-LA/251-LA ) (Turkey Point Nuclear Generating, ) Units 3 and 4) ) NRC STAFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS, AND STATEMENT OF POSITION Pursuant to 10 C.F.R. § 2.323(c) and the Atomic Safety and Licensing Board's ("Board") Initial Scheduling Order of May 8, 2015 ("ISO"),1 the NRC Staff ("Staff") hereby requests an extension of time until November 10, 2015,2 for the filing of the Staff's testimony, exhibits and statement of position on Contention 1 in this proceeding. As discussed below, the Staff has discussed this motion with Florida Power & Light Company ("FPL") and Citizens Allied for Safe Energy, Inc. ("CASE"); none of the parties oppose the Staff's motion. In support of this Motion, the Staff states as follows: 1. CASE filed its statement of position and Attachments 4, 5, and 6 on Friday, October 9, 2015. CASE did not file testimony, supporting affidavits, or an exhibit list and Staff was not served with Attachments 1, 2, and 3. After contacting CASE regarding the missing 1 Florida Power & Light Co. (Turkey Point Nuclear Generating, Units 3 and 4), Initial Scheduling Order (May 8, 2015) (unpublished) (Agencywide Documents Access and Management System ("ADAMS") Accession No. ML15128A369). 2 During consultation, counsel for FPL requested that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staff's and FPL's testimony, exhibits, and statements of position on Contention 1.

2 exhibits and exhibit list, CASE provided Attachments 1 and 3 on Wednesday, October 14, 2015. CASE has not yet provided Attachment 2 or an exhibit list to the Staff. 2. As stated in the Board's ISO, the Staff and FPL are required to file their testimony, exhibits, and statements of position in filings that set out both their direct and rebuttal cases. ISO at 7. Under the current schedule, the Staff's and FPL's testimony, exhibits and statements of position on Contention 1 are now due to be filed on or before October 30, 2015. Id. at 8. Based on the current schedule, CASE's rebuttal testimony, statements of position, and exhibits are due twenty-one (21) days later, on November 20, 2012. Id. 3. During consultations regarding the missing documents, CASE indicated that the portion of Attachment 2 that was being referenced appears in its Initial Statement of Position, Testimony, Affidavits, and Exhibits ("CASE's SOP") dated October 9, 2015, as Illustration 8 at 72.3 Attachment 2, however, is referenced in at least one other location. See CASE's SOP at 10, Illustration 1. On Wednesday, October 15, 2015, CASE indicated that Attachment 2 to its SOP consisted of approximately 10 slides and that it was provided as Attachment 1 to CASE's Petition to Intervene and Request for a Hearing ("Petition") (Oct. 14, 2014). However, Attachment 1 to the Petition consists of a document containing 22 pages. See generally, Petition, Attachment 1.4 4. In accordance with the ISO, the Staff would have had twenty-one (21) days to respond to CASE's SOP, testimony, and exhibits. The inability to access all the attachments relied on by CASE in its SOP impacts the Staff's ability to review CASE's filings, determine if other items referenced in the SOP are missing, and develop a statement of position and responsive testimony during the 21-day response time provided by the Initial Scheduling Order. 3 It appears that CASE meant to indicate Illustration 8 on page 70 rather than page 72. 4 In an October 15, 2015, email, CASE's representative repeated his assertion the Attachment 1 to CASE's Petition and Attachment 2 to CASE's SOP are the same document.

3 One-third of the response time allotted to the Staff has already been expended trying to obtain the documents referenced in CASE's SOP. 5. In addition, CASE's SOP appears to contain numerous references to items that have not been provided as exhibits, including a letter from the Department of Environmental Resources Management dated February 1, 2010,5 and several emails or other quotes.6 Without the full-set of exhibits, the Staff is unable to examine whether the information contained in CASE's SOP is represented fairly or accurately. 6. Further, Attachment 1 to CASE's SOP does not appear to be a single document but consists of selective sections taken from various internet sites. The Staff is endeavoring to track down the full source material for the selective quotations assembled and collectively described as Attachment 1. The effort to identify and access the original source consumes considerable effort and time that cannot otherwise be devoted to drafting responsive testimony and a statement of position. 7. For the reasons discussed above, Staff is respectfully seeking an 11-day extension of time, until November 10, 2015, for the filing of its testimony, exhibits, and statement of position on Contention 1. If the extension is granted, CASE's Rebuttal SOP, Testimony, and Exhibits would be due to be filed on December 1, 2015, Motion's in Limine and Motions to Strike would be due on December 15, 2015, and Proposed Questions to the Board and Motions for Cross-Examination would be due to be filed December 22, 2015.7 8. The Staff is aware that the Board has expressed interest in progressing to hearing without unnecessary delay. The Staff respectfully submits that the instant request for 5 CASE's SOP at 28. The letter to make reference to two additional attachments that have not been provided as exhibits. See id. at 29 (referencing Attachment A and Attachment B). 6 CASE's SOP at 37, 38, 41, 42, 47, 48, 56, 68-69, 79. 7 These dates are based on applying the 11-day extension to each remaining milestone dates other than the hearing.

4 an extension of time is not unreasonable under the circumstances, and will not cause hardship for any party or substantial delay in the proceeding. The Staff does not believe that this extension of time would affect the hearing on this contention that is currently scheduled for the week of January 11, 2016. 9. In accordance with 10 C.F.R. § 2.323(b) and the Initial Scheduling Order, Staff Counsel has contacted CASE's representative, Mr. Barry White, and FPL's counsel. Counsel for FPL stated that it does not object to the Staff's requested extension and requests that, for the sake of efficiency and uniformity, a single date be established for the filing of both the Staff's and FPL's testimony, exhibits, and statements of position on Contention 1; the Staff does not oppose that request. CASE's representative stated that CASE does not oppose the Staff's request and is amenable to a common date being established for both the Staff's and FPL's filings. WHEREFORE, the Staff respectfully requests that the Staff and Applicant be afforded an extension of time, until November 10, 2015, in which to file their written testimony, exhibits, and statements of position in this proceeding. Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 15th day of October 2015 5 CERTIFICATION OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), the undersigned attorney hereby certifies that he has made a sincere effort to contact the other parties to this proceeding (CASE and FPL), to resolve the issues raised in this Motion, and that his efforts to resolve this issue have been successful.

Respectfully submitted, Signed Electronically by Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Dated at Rockville, Maryland this 15th day of October 2015 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of ) ) FLORIDA POWER & LIGHT CO. ) Docket No. 50-250-LA ) 50-251-LA (Turkey Point Nuclear Generating ) Unit Nos. 3 and 4) ) CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305 (revised), I hereby certify that copies of the foregoing "NRC STAFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME FOR THE FILING OF TESTIMONY, EXHIBITS AND STATEMENTS OF POSITION" dated October 15, 2015, have been served upon the following persons by the Electronic Information Exchange, the NRC's E-Filing System, in the above-captioned proceeding, or via electronic mail as indicated by an asterisk, this 15thth day of October, 2015. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: T-3 F23 Washington, DC 20555-0001 Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov Dr. Michael F. Kennedy Administrative Judge E-mail: michael.kennedy@nrc.gov Dr. William W. Sager Administrative Judge E-mail: william.sager@nrc.gov Nicole Pepperl, Law Clerk E-mail: Nicole.pepperl@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4 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 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 Brian Harris, Esq. David Roth, Esq. Edward Williamson, Esq. Daniel Straus, Esq. John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov david.roth@nrc.gov edward.williamson@nrc.gov daniel.straus@nrc.gov john.tibbetts@nrc.gov Florida Power & Light Company 700 Universe Blvd. Juno Beach, Florida 33408 Nextera Energy Resources William Blair, Esq. E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq. E-mail: steven.hamrick@fpl.com Citizens Allied for Safe Energy, Inc.* 10001 SW 129 Terrace Miami, FL 33176 Barry J. White E-mail: bwtamia@bellsouth.net /Signed (electronically) by/ Brian G. Harris Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-1392 E-mail: Brian.Harris@nrc.gov Date of Signature: October 15, 2015