Petitioners' Response to NRC Staff ClarificationML19007A266 |
Person / Time |
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Site: |
Turkey Point |
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Issue date: |
01/07/2019 |
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From: |
Ayres R, Cox K, Curran D, Fettus G, Rumelt K Ayres Law Group, Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Miami Waterkeeper, National Resources Defense Counsil (NRDC), Southern Alliance for Clean Energy, Vermont Law School |
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To: |
Atomic Safety and Licensing Board Panel |
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SECY RAS |
References |
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50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 54740 |
Download: ML19007A266 (4) |
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Category:Legal-Pleading
MONTHYEARML24023A2072024-01-23023 January 2024 Miami Waterkeepers Response in Opposition to Florida Power & Light Companys Motion to Strike Portions of Miami Waterkeepers Reply ML24008A2932024-01-0808 January 2024 Reply in Support of Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper ML23356A1622023-12-22022 December 2023 NRC Staff Answer Opposing Miami Waterkeeper Hearing Request ML23356A1562023-12-22022 December 2023 Florida Power and Light Company'S Answer Opposing Miami Waterkeeper'S Hearing Request and Petition for Leave to Intervene ML23352A3282023-12-18018 December 2023 Florida Power and Light Company'S Answer Opposing Miami Waterkeeper'S Second Extension Request ML23306A2862023-11-0202 November 2023 Answer in Opposition to Miami Waterkeeper Extension Request ML22090A2482022-03-31031 March 2022 NRC Staff'S Response to Views on Practical Effects ML22090A2102022-03-31031 March 2022 Florida Power and Light Company'S Response to Other Parties' Views on License Status as Requested in Commission Order CLI-22-02 ML22080A2722022-03-21021 March 2022 Superseded License ML22080A2332022-03-21021 March 2022 Views on License Status as Requested in Commission Order CLI-22-02 ML22080A2702022-03-21021 March 2022 NRC Staff Views on the Practical Effects of (1) the Subsequent Renewed Licenses Continuing in Place and (2) the Previous Licenses Being Reinstated ML22080A2712022-03-21021 March 2022 Turkey Pont, Unit 3, Superseded License ML20043F4402020-02-12012 February 2020 Notice of Withdrawal of Martin J. O'Neill ML19347D4582019-12-13013 December 2019 NRC Staff'S Brief in Response to Intervenors' Petition for Review of LBP-19-8 ML19347D0342019-12-13013 December 2019 Florida Power & Light Company'S Answer Opposing Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of LBP-19-8 ML19344D1332019-12-10010 December 2019 Notice of Appearance for Mary Frances Woods ML19322D6232019-11-18018 November 2019 Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of the Atomic Safety and Licensing Board'S Ruling in LBP-19-08 ML19263D9092019-09-20020 September 2019 Reply of Friends of the Earth, Natural Resources Defense Council and Miami Waterkeeper in Support of Petition for Review of the Aslb'S Rulings in LBP-19-3 and LBP-19-06 ML19253E1182019-09-10010 September 2019 Florida Power and Light Company'S Answer Opposing Intervenors' Petition for Review of LBP-19-3 and LBP-19-6 ML19253E0512019-09-10010 September 2019 NRC Staff Answer to Petition for Review of LBP-19-3 and LBP-19-6 ML19226A3842019-08-14014 August 2019 Corrected Intervenors' Opposition to Florida Power & Light Co., Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answer to Intervenors' Waiver Petition ML19221B6772019-08-0909 August 2019 Friends of the Earth'S, Natural Resources Defense Council'S, and Miami Waterkeeper'S Petition for Review of the Atomic Safety and Licensing Board'S Rulings in LBP-19-3 and LBP-19-06 ML19221B6732019-08-0909 August 2019 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 ML19214A0872019-08-0202 August 2019 Florida Power & Light Company'S Motion to Strike Intervenors' Reply to Fpl'S and NRC Staff'S Answers to Their Waiver Petition ML19203A3502019-07-22022 July 2019 Errata to NRC Staff'S Answer to Joint Intervenors' (1) Amended Motion to Migrate or Amend Contentions 1E and 5E and to Admit Four New Contentions, and (2) Petition for Waiver. ML19200A2972019-07-19019 July 2019 Florida Power & Light Company'S Answer Opposing Intervenors' Motion to Migrate or Amend Contentions 1-E and 5-E and to Admit New Contentions 6-E, 7-E, 8-E, and 9-E ML19200A3002019-07-19019 July 2019 NRC Staff'S Answer to Joint Intervenors' (1) Amended Motion to Migrate or Amend Contentions 1-E and 5-E and to Admit Four New Contentions, and (2) Petition for Waiver ML19200A2982019-07-19019 July 2019 Florida Power & Light Company'S Answer to Intervenors' Petition for Waiver of Certain 10 C.F.R. Part 51 Regulations ML19179A3132019-06-28028 June 2019 Errata to Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Motion to Migrate Contentions & Admit New Contentions in Response to NRC Staff'S Supplemental Draft Environmental Impact Statement ML19175A3112019-06-24024 June 2019 Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Petition for Waiver of 10 CFR 51.53(C)(3) and 51.71(D) and 10 CFR Part 51, Subpart a, Appendix B ML19175A3122019-06-24024 June 2019 Declaration of Kenneth Rumelt in Support of Waiver Petition ML19161A3602019-06-10010 June 2019 Joint Petitioners' Answer Opposing Fpl'S Motion to Dismiss Joint Petitioners' Contention 1-E as Moot ML19161A2522019-06-10010 June 2019 NRC Staff'S Answer to Fpl'S Motions to Dismiss ML19161A3612019-06-10010 June 2019 Joint Petitioners' Answer Opposing Fpl'S Motion to Dismiss Joint Petitioners' Contention 5-E as Moot ML19140A3562019-05-20020 May 2019 Fpl'S Motion to Dismiss Joint Petitioners' Contention 5-E as Moot ML19140A3552019-05-20020 May 2019 Fpl'S Motion to Dismiss Joint Petitioners' Contention 1-E as Moot ML19130A1632019-05-10010 May 2019 Intervenors' Initial Mandatory Disclosure Report Under 10 C.F.R. 2.336 ML19116A2722019-04-26026 April 2019 NRC Staff'S Brief in Response to Florida Power and Light Company Appeal ML19099A3142019-04-0909 April 2019 Sace Notice of Withdrawal ML19091A3022019-04-0101 April 2019 FPL Notice of Appeal and Brief in Support of Appeal of LBP-19-3 ML19087A3072019-03-28028 March 2019 FPL Answer Opposing Intervenors' Joint Motion for Partial Reconsideration of Initial Scheduling Order ML19085A3312019-03-26026 March 2019 Intervenors' Joint Motion for Partial Reconsideration of Initial Scheduling Order ML19078A3022019-03-19019 March 2019 Joint Motion Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations ML19025A2732019-01-25025 January 2019 NRC Staff'S Answer to Petitioners' Motion for Leave to Respond to Applicant'S Response to the NRC Staff'S Clarification ML19022A0262019-01-22022 January 2019 Applicant'S Answer to Petitioners' Joint Motion for Leave to Respond to Applicant'S Response to the NRC Staff'S Clarification ML19007A3112019-01-0707 January 2019 Applicant'S Response to NRC Staff'S Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions ML19007A2662019-01-0707 January 2019 Petitioners' Response to NRC Staff Clarification ML18354B1462018-12-20020 December 2018 Joint Motion for Correction of the Transcript of the Oral Argument Held on December 4, 2018 ML18352B2102018-12-18018 December 2018 NRC Staff'S Clarification of Its Views Regarding the Admissibility of Joint Petitioners' Contention 1-E and Sace Contention 2 (Alternative Cooling Systems) ML18306A9552018-11-0202 November 2018 NRC Staff'S Response to the Applicant'S Surreply and the Petitioners' Response, Regarding the Applicability of 10 C.F.R. 51.53(c)(3) to Subsequent License Renewal Applications 2024-01-08
[Table view] |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
Florida Power and Light Company ) Docket Nos. 50-250/251-SLR Turkey Point Units 3 and 4 )
_____________________________________)
PETITIONERS RESPONSE TO NRC STAFF CLARIFICATION Petitioners, Southern Alliance for Clean Energy, Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper, hereby respond to NRC Staffs Clarification of its Views Regarding the Admissibility of Joint Petitioners Contention 1-E and SACE Contention 2 (Alternative Cooling Systems) (Dec. 18, 2018) (Staff Clarification). The Staff has clarified its position that Friends of the Earth/Natural Resources Defense Council/Miami Waterkeepers Contention 1E and SACEs Contention 2 are admissible to the extent they seek consideration by Florida Power and Light Co. (FPL) of mechanical draft cooling towers as an alternative means of cooling the Turkey Point Units 3 and 4 reactors.
The Staffs clarified position is consistent with the position taken by the Staff in NRC Staffs Corrected Response to Petitions to Intervene and Requests for Hearing Filed by (1)
Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper and (2)
Southern Alliance for Clean Energy at 29-31 and 67-69 (Dec. 18, 2018) (Staff Response).
While subsequent oral statements by the NRC Staff counsel seemed to retract or otherwise alter the Staffs position (see, e.g., transcript of December 4, 2018, oral argument at 158 (statement by Staff Counsel Sherwin S. Turk that there is nothing in NRC regulations that would require consideration of a cooling tower alternative)), it is now clear that the Staff did not intend those statements to make any change to their original position. Accordingly, the Staff agrees with 1
Petitioners regarding the admissibility of their contentions central assertion that FPLs Environmental Report is deficient for failing to consider mechanical draft cooling towers. See Staff Clarification at 7.1 Under the circumstances, Petitioners respectfully submit that in ruling on the admissibility of their contentions, the Atomic Safety and Licensing Board should rely on the Staff Response and Staff Clarification and disregard any inconsistent statements made during the oral argument.
Respectfully submitted,
___/signed electronically by/__
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com Counsel to SACE
___/signed electronically by/__
Richard Ayres 2923 Foxhall Road, N.W.
Washington, D.C. 20016 202-744-6930 ayresr@ayreslawgroup.com Counsel to Friends of the Earth 1 The Staff also suggests that if the impacts of the cooling canal system are insignificant, consideration of a cooling tower alternative may not be necessary under a principle of proportionality. Staff Clarification at 8. Without conceding the merits of the Staffs proposed proportionality principle, Petitioners respectfully submit that the Staff raises a merits question that is not appropriately addressed at this admissibility stage. Petitioners contentions of omission should be admitted for hearing that may include Staffs merits claim that consideration of the mechanical draft cooling tower alternative is not justified under NEPAs rule of reason.
2
___/signed electronically by/__
Geoffrey H. Fettus NATURAL RESOURCES DEFENSE COUNCIL 1152 I Street, N.W., Suite 300 Washington, D.C. 20005 202-289-2371 gfettus@nrdc.org Counsel to Natural Resources Defense Council
___/signed electronically by/__
Professor Ken Rumelt Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1000 krumelt@vermontlaw.edu Counsel to Friends of the Earth
___/signed electronically by/__
Kelly J. Cox Miami Waterkeeper 2103 Coral Way, 2nd Floor Miami, FL 33145 305-905-0856 kelly@miamiwaterkeeper.org Counsel to Miami Waterkeeper January 7, 2019 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
Florida Power and Light Company ) Docket Nos. 50-250/251-SLR Turkey Point Units 3 and 4 )
_____________________________________)
CERTIFICATE OF SERVICE I certify that on January 7, 2019, I posted copies of the foregoing PETITIONERS RESPONSE TO NRC STAFF CLARIFICATION on the NRCs Electronic Information Exchange System.
___/signed electronically by/__
Diane Curran 4