ML19200A229
| ML19200A229 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/19/2019 |
| From: | Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Environmental & Natural Resources Law Clinic, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55096 | |
| Download: ML19200A229 (6) | |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of: FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Station, Unit Nos. 3 and 4) ) ) ) ) ) ) ) Docket No. 50-250-SLR Docket No. 50-251-SLR July 19, 2019 TO EXTEND TIME TO APPEAL DISMISSAL OF CONTENTIONS Pursuant to 10 C.F.R. § 2.323, Friends of the Earth, Inc., Natural Resources Defense a 7-day March 7, 2019 and July 8, 2019 orders dismissing . Intervenors filed their initial contentions on August 1, 2018.1 On March 3, 3019, the Board partially admitted two contentions but denied the remaining ones.2 On April 2, 2019, the Board issued a revised scheduling order governing those portions of the admitted contentions.3 The Order authorized Applicant Floridal Power & Light Co. motions based on the the issuance of the Draft Supplemental Environmental Impact Statement 1 Request for Hearing and Petitiong to Intervene Submitted by [Intervenors] (Aug. 1, 2018) (ML18213A418). 2 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019) (slip op.). Intervenors did not immediately appeal the denial of their remaining contentions from this Order as, under Nuclear Regualtory Commission regulations and precedent, it would be a disfavored interlocutory appeal. See 10 C.F.R. § 2.311; Private Fuel Storage L.L.C., (Independent Spent Fuel Storage Installation) CLI-01-1, 53 NRC 1, 5 contentions remain in litigation, does not constitute a pervasive effect on the litigation calling for interlocutory 3 rder) (Apr. 2, 2019) (ML19092A386).
2 the subsequent license renewal application by May 20, 2019.4 Consistent with the scheduling order, Applicant moved to dismiss the admitted contentions as moot.5 On June 10, 2019, Intervenors opposed NRC Staff supported them.6 7 Pursuant to 10 C.F.R. § 2.341(b)(1), Intervenors have 25 days from the July 8, 2019 Order dismissing the remaining contentions to appeal to the Commission for relief. That deadline falls on August 2, 2019. d admitted contethe opportunity to file new or amended contentions based on the DSEIS.8 Intervenors thereafter filed New and Amended Contentions on June 24, 2019.9 Intervenors anticipate that both the NRC Staff and Applicant will file a response to the New and Amended Contentions by the July 19, 2019 deadline set forth in the Scheduling Order.10 Intervenors would then have until July 26, 2019 at the latest to file a response.11 Thus, under the current schedule, Intervenors would be required to meet a July 26 deadline on the New and Amended Contentions and then file a merits appeal on the dismissed 4 Id. at 3. 5 -E as Moot (May 20, 2019) (ML19140A355)-E as Moot (May 20, 2019) (ML19140A356). 6 Joint -E as Moot (June 10, 2019) (ML19161A360)5-E as Moot (June 10, 2019) (ML19161A361). 7 -E and 5-E as Moot), LBP-19-06 (July 8, 2019) (ML19189A252). 8 Order) at 3 (Apr. 2, 2019) (ML19092A386). 9 (June 24, 2019). 10 Scheduling Order) at 3 (Apr. 2, 2019) (ML19092A386). 11 Id.
3 contentions exactly one week later. It will take considerable time, effort, and resources to meet the July 26 deadline for replying to both the NRC Staff New and Amended Contentions. Indeed, Intervenors may need to engage experts to review opposing briefs, compose, and then finalize declarations within one week. Intervenors also submit that their attorneys have longstanding commitments during the 25-day appeal timeframe, including client and family commitments that cannot be rescheduled (Attorney Fettus); a medical procedure, client, and family commitments that cannot be rescheduled (Attorney Rumelt); family commitments that cannot be rescheduled (Attorney Reiser); and a family commitment that cannot be rescheduled (Attorney Cox). Intervenors also note that any final decision on the pending subsequent license renewal application would not one-week delay in this proceeding 13 years before the current license is set to expire will not prejudice Applicant in any way. CONCLUSION For the foregoing reasons, Intervnenors respectfully request a one-week extension of time 4 Respectfully submitted, /s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031 krumelt@vermontlaw.edu Counsel for Friends of the Earth /s/ Geoffrey Fettus Geoffrey Fettus /s/ Caroline Reiser Caroline Reiser Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 202-289-2371 gfettus@nrdc.org creiser@nrdc.org Counsel for Natural Resources Defense Council /s/ Richard Ayres Richard E. Ayres Ayres Law Group 2923 Foxhall Road, N.W. Washington, D.C. 20016 202-722-6930 ayresr@ayreslawgroup.com Counsel for Friends of the Earth July 19, 2019 /s/ Kelly Cox Kelly Cox Miami Waterkeeper 2103 Coral Way 2nd Floor Miami, FL 33145 305-905-0856 kelly@miamiwaterkeeper.org Counsel for Miami Waterkeeper 5 CERTIFICATE OF COUNSEL Pursuant to 10 C.F.R. § 2.323(b), I certify that on July 18 and 19, 2018, I consulted counsel for Applicant and the NRC Staff in a sincere effort to resolve the issues raised by this motion. Counsel for the NRC Staff stated that the Staff does not oppose the requested extension of time until August 9, 2019, provided an additionadue to scheduled vacations and the intervening Labor Day holiday weekend. Counsel for Applicant stated that Applicant does not object to the request for a one week extension, and join for an additional week for Staff and Applicant to file a response for similar reasons. ___/signed electronically by/__ Caroline Reiser 6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of: FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Station, Unit Nos. 3 and 4) ) ) ) ) ) ) ) Docket No. 50-250-SLR Docket No. 50-251-SLR July 19, 2019 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, a copy of the foregoing APPEAL DISMISSAL OF CONTENTIONS was served upon the Electronic Information Exchange (-Filing System), in the above-captioned docket, which to the best of my knowledge resulted in transmittal of same to those on the EIE Service List for the captioned proceeding. /s/ Caroline Reiser Caroline Reiser Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 202-717-2341 creiser@nrdc.org Counsel for Natural Resources Defense Council July 19, 2019