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Category:Legal-Pleading
MONTHYEARML20279A4812020-10-0505 October 2020
C-10 Research and Education Foundation'S Reply to Oppositions to Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09
ML20272A2742020-09-28028 September 2020
Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply and Motion for Leave to File INT053
ML20254A2342020-09-10010 September 2020
Nextera'S Answer Opposing C-10 Motion for Leave and Motion for Partial Reconsideration of LBP-20-9
ML20254A2352020-09-10010 September 2020
Nextera'S Answer Opposing C-10 Motion to Reopen the Record for Consideration of Supplemental Testimony
ML20244A3212020-08-31031 August 2020
C-10 Research and Education Foundation'S Motion for Partial Reconsideration and Motion to Re-Open the Record for Consideration of Supplemental Testimony Regarding License Conditions in LBP-20-09
ML20244A3202020-08-31031 August 2020
C-10 Research and Education Foundation'S Motion for Leave to File Motion for Partial Reconsideration of LBP-20-09
ML20043E2542020-01-31031 January 2020
Redacted C-10 Research and Education'S Supplemental Proposed Findings of Fact and Conclusions of Law
ML20031D6992020-01-31031 January 2020
NRC Staff Supplemental Proposed Findings of Fact and Conclusions of Law
ML20031E7222020-01-31031 January 2020
NextEra Energy Seabrook Llc'S Supplemental Proposed Findings of Fact and Conclusions of Law
ML19354C4482019-12-20020 December 2019
C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law
ML19353D4192019-12-19019 December 2019
C-10 Research and Education Foundation'S Response to Nextera'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law
ML19347D0672019-12-13013 December 2019
NextEra Energy Seabrook Llc'S Motion for Leave to File Responsive Proposed Findings of Fact and Conclusions of Law
ML19347D0702019-12-13013 December 2019
NextEra Energy Seabrook Llc'S Responsive Proposed Findings of Fact and Conclusions of Law
ML19333B9702019-11-29029 November 2019
Unopposed Motion for Extension of Time to Seek Leave to File Responsive Proposed Findings of Fact and Conclusions of Law
ML20043E2522019-11-27027 November 2019
Redacted Corrected C-10 Research and Education Foundation'S Proposed Findings of Fact and Conclusions of Law
ML19325D9092019-11-21021 November 2019
NRC Staff Proposed Findings of Fact and Conclusions of the Law for the Admitted Contention
ML19325F3902019-11-21021 November 2019
NextEra Energy Seabrook Llc'S Proposed Findings of Fact and Conclusions of Law
ML19310E2592019-11-0606 November 2019
Nextera'S Answer Opposing C-10's Third Motion for Leave to File Supplemental Testimony
ML19304B3522019-10-31031 October 2019
C-10 Research and Education Foundation'S Response to ASLB Memorandum and Motion to Submit Additional Exhibits Regarding Petrographic Observations and Analyses of ASR at Seabrook
ML19283A0362019-10-0909 October 2019
Nextera'S Answer Opposing C-10's Motions to Compel Production of Mineralogical Data and to Submit Additional Post-Hearing Testimony
ML19272B3252019-09-30030 September 2019
C-10 Research and Education Foundation'S Motion to Compel Production of Mineralogy Data and Request for Opportunity to Submit Supplemental Written Testimony Regarding the Data
ML19262K7512019-09-19019 September 2019
C-10 Research and Education Foundation'S Opposition to Nextera'S Second Motion in Limine
ML19261B8802019-09-18018 September 2019
NRC Staff'S Answer to Nextera'S Motion in Limine
ML19254F1582019-09-11011 September 2019
Appendix a Revised Exhibit List for September 2019 Evidentiary Hearing Exhibits
ML19253D6782019-09-10010 September 2019
NRC Staff'S Answer to C-10's Motion to Supplement Rebuttal Testimony
ML19252B3072019-09-0909 September 2019
NextEra Answer Opposing C-10 Motion for Leave to File Supplemental Rebuttal
ML19252B2322019-09-0909 September 2019
Nextera'S Motion in Limine to Strike or Exclude Portions of C-10's Testimony and Exhibits
ML19247D5932019-09-0404 September 2019
C-10 Research and Education Foundation'S Motion for Leave to File Supplemental Rebuttal Testimony
ML19235A3172019-08-23023 August 2019
C-10 Research and Education Foundation, Inc. Rebuttal Statement of Position on C-10's Contentions Regarding Nextera'S Program for Managing ASR at Seabrook Station Nuclear Power Plant
ML19235A3182019-08-23023 August 2019
Appendix a Revised Exhibit List
ML19205A3412019-07-24024 July 2019
NRC Staff Initial Written Statement of Position
ML19205A4882019-07-24024 July 2019
NextEra Energy Seabrook LLC Statement of Position and Certificate of Service
ML19171A4012019-06-20020 June 2019
C-10 Research and Education Foundation'S Errata to Exhibit INT-001, Testimony of Dr. Victor E. Saouma
ML19161A3722019-06-10010 June 2019
Appendix a Exhibit List
ML19161A3712019-06-10010 June 2019
C-10 Research and Education Foundation, Inc. Initial Statement of Position on Contentions Re Nextera'S Program for Managing ASR at Seabrook Station
ML19123A1912019-05-0303 May 2019
C-10 Research and Education Foundation'S Opposition to Nextera'S Motion in Limine
ML19114A0762019-04-23023 April 2019
Nextera'S Motion in Limine to Exclude Testimony and Exhibits Regarding Structure Deformation Monitoring
ML19105B2822019-04-15015 April 2019
Nextera'S Answer Opposing C-10's Motion Regarding Seabrook Station Site Tour
ML19101A4082019-04-11011 April 2019
C-10 Research and Education Foundation'S Motion Regarding Seabrook Station Site Tour
ML19064B4022019-03-0505 March 2019
Nextera'S Answer Opposing C-10's Motion for Leave to File a Reply to Answers to C-10's Emergency Petition
ML19064A6322019-03-0505 March 2019
Notice of Appearance for Jennifer E. Scro
ML19060A3042019-03-0101 March 2019
C-10 Research and Education Foundation'S Reply to Oppositions by NextEra and NRC Staff to Emergency Petition for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License
ML19060A3032019-03-0101 March 2019
C-10 Research and Education Foundation'S Motion for Leave to File Reply to Oppositions by NextEra and NRC Staff to Emergency Petition
ML19056A5882019-02-25025 February 2019
NRC Staff Answer to C-10's Emergency Petition
ML19056A5862019-02-25025 February 2019
Nextera'S Answer Opposing C-10 Emergency Petition
ML19044A7702019-02-13013 February 2019
Exhibit 1 to Saouma Declaration: Curriculum Vitae for Dr. Victor E. Saouma
ML19044A7682019-02-13013 February 2019
Emergency Petition by C-10 Research and Education Foundation for Exercise of Commission'S Supervisory Authority to Reverse No Significant Hazards Determination and Immediately Suspend License Amendment and License Renewal Decisions
ML19044A7692019-02-13013 February 2019
Declaration of Victor E. Saouma, Ph.D
ML19044A7722019-02-13013 February 2019
Exhibit 3 to Saouma Declaration: Sauoma, Experimental and Numerical Investigation of Alkali Silica Reaction in Nuclear Reactors, Final Summary Report
ML19044A7732019-02-12012 February 2019
Exhibit 4a to Saouma Declaration: Introduction and Executive Summary
2020-09-28
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Text
July 22, 2013 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) ) Docket No. 50-443-LR NextEra Energy Seabrook, LLC )
) ASLBP No. 10-906-02-LR (Seabrook Station, Unit 1) )
NEXTERA'S UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY TO ANSWERS TO NEXTERA'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION 4D NextEra Energy Seabrook, LLC ("NextEra") hereby moves for leave to file the attached reply to the answers of the NRC Staff and of Friends of the Coast/New England Coalition
("FOTC/NEC")
1 to NextEra's motion for summar y disposition of Contention 4D.
2 This motion is unopposed. FOTC/NEC has consented but reserv es its right to respond. The NRC Staff has also consented. For purposes of judicial econom y, the Staff suggests that the Board consider establishing a schedule for the parties to brief the sole remaini ng issue concerning consideration of uncertainty. Alternatively, the Staff resp ectfully requests the opportunity to respond to NextEra's Reply. Pursuant to 10 C.F.R. § 2.323(c), the Board may grant a party leave to file a reply based on compelling circumstances, such as where the moving party demonstrates that it could not have reasonably anticipated the arguments to wh ich it seeks leave to reply. Here, the Staff Answer and FOTC/NEC Answer take the position that the cost-benefit determinations for severe
1 NRC Staff Answer to NextEra's Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling) (July 15, 2013) ("Staff Answer"); Friends of the Coast and New England Coalition's Answer to NextEra's Motion for Summary Disposition of Contention 4B (SAMA Source Terms) and Contention 4D (SAMA Analysis Atmospheric Modeling) (July 15, 2013) ("FOTC/NEC Answer").
2 NextEra's Motion for Summary Disposition of Friends of the Coast/New England Coalition Contention 4D (SAMA Analysis Atmospheric Modeling) (May 10, 2013) ("Motion").
2 accident mitigation alternatives ("SAMA") should be based on upper bound estimates derived from an uncertainty analysis using the 95 th percentile core damage frequency. As discussed in the attached reply, this position appears inconsistent with substantial Commission precedent and guidance, and therefore could not reasonably ha ve been anticipated by NextEra. Further, NextEra could not have anticipated that FOTC/NEC would admit the reasonableness of the atmospheric dispersion model used in NextEra's SAMA analysis, abandon every claim set forth in Contention 4D challenging the reasonableness of that model, and yet still argue that NextEra must nevertheless base its cost-benefit determinat ions on the results of a sensitivity analysis performed in order to demonstrate the now-stipulated reasonableness of the original model. For these reasons, the Board shoul d grant this unopposed Motion.
CERTIFICATION In accordance with 10 C.F.R. §2.323(b), counsel for NextEra conferred with the representatives of the other parties in a sincere effort to resolve the matters at issue in the instant Motion prior to the filing of the Motion, as reflected by the parties' consent and comments reflected above. Respectfully Submitted,
/Signed electronically by David R. Lewis /
Steven C. Hamrick NextEra Energy Seabrook, LLC 801 Pennsylvania Avenue, NW Suite 220
Washington, DC 20004
Telephone: 202-349-3496
David R. Lewis Pillsbury Winthrop Shaw Pittman LLP
2300 N St. NW
Washington, DC 20037
Telephone: 202-663-8474
Dated: July 22, 2013 Counsel fo r NextEra Energy Seabrook, LLC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
) Docket No. 50-443-LR NextEra Energy Seabrook, LLC )
) ASLBP No. 10-906-02-LR (Seabrook Station, Unit 1) ) CERTIFICATE OF SERVICE I hereby certify that the foregoing NextEra' s Unopposed Motion for Leave to File A Reply to Answers to NextEra's Motion for Summary Disposition of Contention 4D has been served through the E-Filing system on the par ticipants in the above-captioned proceeding, this 22 nd day of July 2013.
/Signed electronically by David R. Lewis/
David R. Lewis
