ML17157B535
| ML17157B535 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/06/2017 |
| From: | Ronald Spritzer Atomic Safety and Licensing Board Panel |
| To: | Sekazi Mtingwa, Ronald Spritzer, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-443-LA2, ASLBP 17-953-02-LA-BD01, RAS 53872 | |
| Download: ML17157B535 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ronald M. Spritzer, Chairman Nicholas G. Trikouros Dr. Sekazi Mtingwa In the Matter of NEXTERA ENERGY SEABROOK, LLC (Seabrook Station, Unit One)
Docket No. 50-443-LA2 ASLBP No. 17-953-02-LA-BD01 June 6, 2017 ORDER (Granting the NRC Staff's Motion to File a Reply to NextEra's Response) In this proceeding, the C-10 Research and Education Foundation, Inc. (C-10) has filed a Petition challenging a license amendment request submitted by NextEra Energy Seabrook, LLC (NextEra), for Seabrook Station, Unit 1, located in Seabrook, New Hampshire. The NRC Staff filed its answer to the Petition on May 5, 2017 (the NRC Staff Answer).
1 On May 12, NextEra filed an unopposed motion seeking leave to reply to the NRC Staff Answer, arguing that fairness required an opportunity for NextEra to respond to new arguments raised in the NRC Staff Answer when the NRC Staff reformulated portions of C-10's contentions into a new contention.
2 On May 26, 2017, the Board granted NextEra's motion, ordering the NRC Staff and C-10 to file any response to new arguments raised by Next Era in its reply within ten days, accompanied by 1 NextEra also filed an answer to the petition on May 5, 2017. See NextEra's Answer Opposing C-10 Research & Education Foundation's Petition for Leave to Intervene and Hearing Request on NextEra Energy Seabrook, LLC's License Amendment Request 16-03 (May 5, 2017).
2 NextEra's Motion for Leave to File a Reply to NRC Staff's Answer to C-10's Petition for Leave to Intervene (May 12, 2017). a motion seeking leave to file the response.
3 On June 5, 2017, the NRC Staff timely filed a Motion for leave to respond to NextEra's reply.4 In it, the NRC Staff argues that NextEra raised "a number of new arguments that could not have been reasonably anticipated by the Staff" in the NRC Staff Answer.
5 As noted in our order granting NextEra's motion, under 10 C.F.R. § 2.309(i), only the participant who filed a hearing request may file a reply to an answer, unless otherwise permitted by the Commission, Board, or presiding officer "where necessity or fairness dictates."
6 In this instance, given that the NRC Staff did not have an opportunity to address NextEra's response to the arguments raised in the NRC Staff Answer, and that the Staff's Motion is unopposed, the Board grants the NRC Staff's Motion. It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
________________________
Ronald M. Spritzer, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 6, 2017 3 Licensing Board Order (Granting NextEra's Motion to File a Reply) (May 26, 2017) at 2 (unpublished) (hereinafter Order Granting NextEra's Motion).
4 NRC Staff's Motion for Leave to File a Sur-Reply to NextEra's Reply to NRC Staff's Answer to C-10's Petition for Leave to Intervene (June 5, 2017). The motion was accompanied by the NRC Staff's sur-reply. See NRC Staff's Sur-Reply to NextEra's Reply to NRC Staff's Answer to C-10's Petition for Leave to Intervene (June 5, 2017). C-10 did not file a response to NextEra's
reply. 5 Id. at 2.
6 U.S. Dep't of Energy (High-Level Waste Repository), CLI-08-12, 67 NRC 386, 393 (2008).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NEXTERA ENERGY SEABROOK, LLC ) Docket No. 50-443-LA-2 (Seabrook Station, Unit 1) )
) (License Amendment) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER (Granting the NRC Staff's Motion to File a Reply to NextEra's Responses) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001
ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23 Washington, DC 20555-0001
Ronald M. Spritzer, Chair Administrative Judge
ronald.spritzer@nrc.gov Nicholas G. Trikouros
Administrative Judge nicholas.trikouros@nrc.gov Dr. Sekazi K. Mtingwa
Administrative Judge sezaki.mtingwa@nrc.gov
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 n Washington, DC 20555-0001
Hearing Docket
hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel
Mail Stop: O-14A44 Washington, DC 20555-0001
Catherine Scott, Esq. Catherine.Scott@nrc.gov Beth Mizuno, Esq.
beth.mizuno@nrc.gov Anita Ghosh, Esq. anita.ghosh@nrc.gov Brian Harris, Esq.
brian.harris@nrc.gov Jeremy Wachutka, Esq. jeremy.wachutka@nrc.gov John Tibbetts - Paralegal John.Tibbetts@nrc.gov OGC Mail Center: Members of this office have
received a copy of this filing by EIE service.
NEXTERA ENERGY SEABROOK, LLC (Seabrook Station Unit 1) - Docket No. 50-443-LA-2 ORDER (Granting the NRC Staff's Motion to File a Reply to NextEra's Responses) 2 NextEra Energy Seabrook, LLC 801 Pennsylvania Avenue, N.W., #220 Washington, DC 20004
Steven C. Hamrick, Esq.
steven.hamrick@fpl.com
NextEra Energy Seabrook, LLC
700 Universe Boulevard Juno Beach, FL 33408 William Blair, Esq.
william.blair@fpl.com NextEra Energy Seabrook, LLC Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue NW Washington, DC 20004
Paul M. Bessette, Esq. paul.bessette@morganlewis.com Ryan K. Lighty, Esq.
ryan.lighty@morganlewis.com
C-10 Research & Education Foundation 44 Merrimac Street
Newburyport, Mass. 01950
Natalie Hildt Treat natalie@c-10.org
[Original signed by Brian Newell ] Office of the Secretary of the Commission
Dated at Rockville, Maryland, this 6 th day of June, 2017