ML18282A217

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Order (Scheduling Oral Argument)
ML18282A217
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 10/09/2018
From: Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-250-SLR, 50-251-SLR, License Renewal, RAS 54542
Download: ML18282A217 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Michael F. Kennedy Dr. Sue H. Abreu In the Matter of FLORIDA POWER & LIGHT COMPANY

(Turkey Point Units 3 and 4)

Docket Nos. 50-250-SLR & 50-251-SLR ASLBP No. 18-957-01-SLR-BD01

October 9, 2018 ORDER (Scheduling Oral Argument)

Pending before this Licensing Board are three petitions to intervene and requests for hearing. On August 1, 2018, petitions were submitted by (1) Southern Alliance for Clean Energy (SACE), 1 and (2) Friends of the Earth, Inc., Natural Resources Defense Council, Inc., and Miami Waterkeeper, Inc. (collectively, Joint Petitioners).

2 A third petition was submitted on August 2, 2018, by Mr. Albert Gomez.

3 After reviewing the petitions and subsequent pleadings, the Board has determined that oral argument will assist it in resolving the issues presented.

The Board will conduct oral argument concerning the admissibility of the contentions proffered by petitioners on Tuesday, December 4, 2018, beginning at 8:30 a.m. (Eastern Time), and

1 Southern Alliance for Clean Energy's Request for Hearing and Petition to Intervene (Aug. 1, 2018). 2 Request for Hearing and Petition to Intervene Submitted by Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper (Aug. 1, 2018).

3 Proposed Petition to Intervene and for Hearing Under 10 C.F.R. § 2.206, for Docket ID # NRC-2018-0074 (Aug. 2, 2018). adjourning no later than 4:30 p.m. (Eastern Time). The oral argument will be held at the City of Homestead's Council Chambers, located at 100 Civic Court, Homestead, Florida 33030. The Board will first hear argument from counsel for SACE, who will be allotted a total of one hour and thirty minutes (to include rebuttal, if any), followed by counsel for the NRC Staff and then Florida Power & Light (FPL), each of whom will be allotted forty-five minutes of argument time. The Board will then hear argument from counsel for the Joint Petitioners, who will be allotted a total of one hour (to include rebuttal, if any), followed by counsel for the NRC Staff and then FPL, each of whom will be allotted a total of thirty minutes of argument time. All parties should be thoroughly prepared to discuss the issues raised in the petitions.

4 No witnesses, other party affiliates, or members of the public will be heard during the argument. However, the public may attend the oral argument. Moreover, the oral argument will

be transcribed, and the transcript will promptly be placed in the NRC's electronic hearing docket, where it may be accessed by the public. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD

________________________ E.Roy Hawkens, ChairmanADMINISTRATIVE JUDGE Rockville, Maryland October 9, 2018 4 Mr. Gomez has stated that he will not be available for oral argument on December 4, 2018. As this Licensing Board advised Mr. Gomez during an October 4, 2018 prehearing telephone conference call, he will not be prejudiced by his absence, because if the Board has any questions regarding his petition, it will submit them to him in writing. See Official Transcript of Proceedings, [FPL] Turkey Point Units 3 and 4 Teleconference at 7-8 (Oct. 4, 2018). If Mr.

Gomez's circumstances change such that he (or any counsel he may retain) becomes available to attend the oral argument, he (or his counsel) should promptly inform the Board's law clerk, Sarah Ladin, at sarah.ladin@nrc.gov.

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 ORDER (Scheduling Oral Argument) have b een served upon the following persons by Electronic Information Exchange and by electronic mail as indicated by an asterisk (*). 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 Michael F. Kennedy, Administrative Judge Sarah B. Ladin, Law Clerk Joseph D. McManus, Law Clerk E-mail: Roy.Hawkens@nrc.gov Sue.Abrue@nrc.gov Michael.Kennedy@nrc.gov Sarah.Ladin@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 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

Turkey Point, Units 3 & 4, Docket Nos.

50-250 and 50-251-LR ORDER (Scheduling Oral Argument) 2 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 20 036 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 Albert Gomez

  • 3566 Vista Court Miami, FL 33133 E-mail: albert@icassemblies.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 9 th day of Octo ber , 2018