ML19221B673

Intervenors' Opposition to Florida Power & Light Company'S Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answer to Intervenors' Waiver Petition

ML19221B673
Person / Time
Site:	Turkey Point
Issue date:	08/09/2019
From:	Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council, Vermont Law School
To:	NRC/OCM
SECY RAS
References
50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55154
Download: ML19221B673 (4)

Text

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

) In the Matter of

) Docket Nos. 50

-250 & 50-251 ) FLORIDA POWER & LIGHT COMPANY

) ASLBP No. 18

-957-01-SLR-DB01 ) (Turkey Point Nuclear Generating Station, ) August 9, 2019 Unit Nos. 3 and 4)

) ) (Subsequent License Renewal Application)

) ______________________________________________________________________________

INTERVENORS OPPOSITION TO FLORIDA POWER & LIGHT COMPANYS MOTION TO STRIKE INTERVENORS REPLY TO FPLS AND NRC STAFFS ANSWER TO INTERVENORS WAIVER PETITION

______________________________________________________________________________

The Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (Intervenors) hereby oppose Florida Power & Light Co.s (Applicant) August 2, 2019 Motion to Strike.

1 As indicated in its Motion to Strike, the NRC Staff does not join Applicant in this motion, though it does not oppose it.2 Applicant asserts that the NRC does not authorize a petitioner to file a reply in a waiver petition proceeding

.3 However, it cites no decision or regulation that squarely support this contention. Rather, it cites 10 C.F.R. 2.323(c) for the proposition that a party filing a motion

1 Florida Power & Light Company s Motion to Strike Intervenors Reply to FPL s and NRC Staffs Answers to Their Waiver Petition (Aug. 2, 2019)

(ML19214A087)

. 2 Id. at 3. 3 Id. at 23.

2 generally has no right to reply.

4 This argument has not merit because Intervenors Waiver Petition is not governed by 2.323; it is governed by 2.335, which is silent on this topic.

5 Under Applicants own logic, the rules do not prohibit petitioners seeking a waiver under 2.335 from filing a reply because it is clear that when the Commission intends to [prohibit] a reply, it explicitly [prohibits] such filings.

6 The rules explicitly prohibit replies in motion practice, but not for waiver petitions. Thus, Applicants arguments fall flat.

Even if there were a rule generally prohibiting replies in waiver petition proceedings, the Commission should exercise its authority to consider Intervenors Waiver Reply. The Waiver Petition raises significant issues that affect this proceeding and future ones. This is made clear by the Judge Abreus vigorous dissent in LBP 3.7 Intervenors agree with Judge Abreu in that the rule at issue in the Petition, 10 C.F.R. 51.53(c)(3), does not apply to subsequent license renewal proceedings and therefore should not require a waiver. That is because the text, structure, and history of the rule demonstrate that it does not apply to such proceedings.

8 Intervenors nevertheless filed the instant Waiver Petition out of an abundance of caution. Intervenors have placed an important legal issue before the Commission, which can only benefit

4 Id. at 3. 5 Section 2.335 also does not require a petitioner to consult with other parties before filing.

6 See Mot. to Strike at 3. 7 Fla. Power & Light Co. (Turkey Point Nuclear Generating Units 3 & 4), LBP-19-3, 89 NRC __, __ (Mar. 7, 2019) (slip op.)

8 Id. at 89 __,___ (slip op. at 117) (Abreu, dissenting).

3 from a full and complete understanding of the issues.

As Applicants Motion to Strike notes, Intervenors have no objection should Applicant wish to file a sur

-reply. For the foregoing reasons , Intervenors respectfully request that the Commission deny Applicants Motion to Strike.

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

/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 August 9, 2019 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

) In the Matter of

) Docket Nos. 50

-250 & 50-251 ) FLORIDA POWER & LIGHT COMPANY

) ASLBP No. 18

-957-01-SLR-DB01 ) (Turkey Point Nuclear Generating Station, ) August 9, 2019 Unit Nos. 3 and 4)

) ) (Subsequent License Renewal Application)

) ______________________________________________________________________________

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. 2.305, I certify that, on this date, a copy of the foregoing Intervenors Opposition to Florida Power & Light Companys Motion to Strike Intervenors Reply FPLs and NRC Staffs Answer to Intervenors Waiver Petition was filed on the Electronic Information Exchange (the NRCs E

-Filing System) in the above

-captioned proceeding.

/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