ML23340A098

Memorandum and Order (Initial Prehearing Order)

ML23340A098
Person / Time
Site:	Turkey Point
Issue date:	12/06/2023
From:	Emily Krause Atomic Safety and Licensing Board Panel
To:	Sue Abreu, Kennedy M, Emily Krause Atomic Safety and Licensing Board Panel
SECY RAS
References
ASLBP 24-981-01-SLR-BD01, RAS 56864, 50-250-SLR-2, 50-251-SLR-2
Download: ML23340A098 (0)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD PANEL

Before the Licensing Board:

Emily I. Krause, Chair Dr. Sue H. Abreu Dr. Michael F. Kennedy

In the Matter of: Docket Nos. 50-250-SLR-2 50-251-SLR-2 FLORIDA POWER & LIGHT COMPANY ASLBP No.24-981 SLR-BD01 (Turkey Point Nuclear Generating Units 3 and 4) December 6, 2023

MEMORANDUM AND ORDER (Initial Prehearing Order)

This proceeding concerns the twenty-year subsequent renewal of the licenses for Turkey

Point Nuclear Generating Units 3 and 4, which currently authorize Florida Power & Light

Company (FPL) to operate Turkey Point Nuclear Generating Units 3 and 4 until July 19, 2032,

and April 10, 2033, respectively. On September 8, 2023, a notice was published in the Federal

Register announcing the opportunity to request a hearing on the Nuclear Regulatory

Commission (NRC) Staffs draft site-specific environmental impact statement. 1 Miami

Waterkeeper submitted a hearing request through the agencys E -Filing system on November

27, 2023. 2

1 See 88 Fed. Reg. 62, 110 (Sept. 8, 2023).

2 See Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper (Nov. 27, 2023). The Secretary of the Commission extended Miami Waterkeepers hearing request deadline to November 27, 2023. See Order of the Secretary (Nov. 6, 2023).

On November 30, 2023, this Licensing Board was established to rule on standing and

contention admissibility matters and to preside at any hearing.3

The following directives shall apply to this proceeding.

I. BRIEFING SCHEDULE

Pursuant to 10 C.F.R. § 2.309(i), FPL s and the NRC Staffs answers to the petition are

due by Friday, December 22, 2023. Any reply to those answers is due by Friday, December 29,

2023. 4

II. ADMINISTRATIVE MATTERS

A. Notices of Appearance

If they have not already done so, on or before Friday, December 22, 2023, each counsel

shall file a notice of appearance complying with the requirements of 10 C.F.R. § 2.314(b) via the

agencys E-Filing system. 5 Each notice of appearance should include a business address, a

telephone number, and an e-mail address for the counsel or representative.

B. Administrative Prescriptions for Pleadings

1. All pleadings shall be double spaced.

2. Absent preapproval by this Board, any motion filed after the date of this

memorandum and order and any related responsive pleading shall not exceed ten pages

(including the signature page but excluding the certificate of service and any

attachments/enclosures). Any request for preapproval to exceed this page limit shall be

submitted in writing no less than three business days prior to the expected filing date of the

3 See Establishment of Atomic Safety and Licensing Board (Nov. 30, 2023).

4 If answers to the petition are filed earlier than December 22, 2023, the petitioner may nevertheless reply on or before December 29, 2023.

5 For assistance with the NRCs E -Filing system, a participant can contact the Electronic Filing Helpdesk via its webpage (https://www.nrc.gov/site -help/e-submittals/contact-us-eie.html) or by calling (866) 672 7640 between the hours of 9:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (excluding federal government holidays).

motion or responsive pleading. The request must (1) indicate whether the request is opposed

or supported by the other participants to the proceeding;6 (2) provide a good faith estimate of

the number of additional pages that will be filed; and (3) demonstrate good cause for being

permitted to exceed the page limitation.

C. Replies to an Answer to a Motion Except in instances involving a motion to file a new/amended contention, a participant to

this proceeding must request permission to file a reply to an answer to a motion.7 A request for

Board approval to file a reply shall be submitted in writing no fewer than three business days

prior to the time the reply will be filed.8 A request to file a reply must (1) indicate whether the

request is opposed or supported by the other participants to the proceeding; and

(2) demonstrate that compelling circumstances exist for permitting the reply to be filed.9

D. Motions for Extension of Time

A motion for an extension of time shall be submitted in writing at least three business

days before the due date for the pleading or other submission for which an extension is

6 See 10 C.F.R. § 2.323(b). Pursuant to section 2.323(b), all motions require a certification by the moving participant, or the attorney or representative for the moving participant, that a sincere effort has been made to contact the other participants in the proceeding and resolve the matters raised by the motion. If the consultation mandated by section 2.323(b) is initiated within a reasonable time and the participants believe that all or part of the matter may be resolved amicably if additional time is provided for filing the motion, the participants are encouraged to file a joint motion requesting such a time extension.

7 See 10 C.F.R. § 2.323(c).

8 Although the agencys rules do not provide for replies, the Board will presume that for a reply to be timely, it would have to be filed within seven days of the date of service of the answer it is intended to address. Cf. 10 C.F.R. § 2.309(i)(2).

9 Section 2.323(c) indicates that compelling circumstances might be shown in an instance when the moving participant demonstrates that it could not reasonably have anticipated the arguments to which it seeks to reply.

sought. 10 A motion for extension of time must (1) indicate whether the request is opposed or

supported by the other participants to this proceeding; and (2) demonstrate appropriate cause

that supports the extension.

E. Opposing a Request to Exceed the Page Limit, to File a Reply, or to Extend the Time for Filing a Pleading

Any opposition to a request to exceed the page limit, to file a reply, or to extend the time

for filing a pleading shall be filed no later than the next business day after the filing of the

request.

F. Attachments/Enclosures to Pleadings

For future filings, if a participant proffers a pleading that has additional documents

appended to it, these items should be referred to as attachments or enclosures (not exhibits),11

with a separate alphabetic or numeric designation given to each appended document (e.g.,

Attachment A, or Enclosure 1), either on the first page of the appended document or on a

cover/divider sheet in front of the appended document. Attachments or enclosures to a motion

and any related responsive pleadings are not subject to the page limit set forth in section II.B.2

above but should be submitted via the agencys E-Filing system as part of a single electronic file

10 Unless some other time is specified in the agencys rules or by the Board, motions (other than summary disposition motions) generally are due within ten days after the occurrence or circumstance from which the motion arises, with any answer to that motion due within ten days of service of the motion. See 10 C.F.R. § 2.323(a)(2), (c). An exception to this ten-day filing period is a motion seeking the admission of new/amended contentions. See 10 C.F.R.

§ 2.309(c)(2)(ii), (f)(2); see also id. § 2.323(a)(1) (motions for new/amended contentions not subject to section 2.323 requirements). For such a motion to be considered timely under 10 C.F.R. § 2.309(c)(1)(iii), the motion (and the accompanying new/amended contention) should be filed within 30 days of the date upon which the information that is the basis of the motion becomes available.

11 Although the attachments to Miami Waterkeepers hearing request are labeled as exhibits, the Board is not requiring Miami Waterkeeper to refile these documents. Going forward, however, the label exhibit should be reserved for use as a designation for those items that are submitted, whether by prefiling or at the time of an evidentiary hearing, as potential materials a party will seek to have identified for inclusion in the evidentiary record of the proceeding. See 10 C.F.R. § 2.304(g).

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consisting of the pleading, the certificate of service, and the associated attachments or

enclosures. 12

G. Filing Date on Pleadings

The Board requests that the first page of each pleading submitted by a participant

include the pleadings filing date in the upper right-hand corner or as part of the caption.

III. INITIAL PREHEARING CONFERENCE

The Board has not determined whether it will hold an initial prehearing conference to

hear oral argument regarding standing and contention admissibility. The Board will make that

determination after the case is fully briefed. If the Board determines that an oral argument is

warranted, the Boards law clerk, Emily Newman (emily.newman@nrc.gov), will coordinate

scheduling with the parties/participants.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Emily I. Krause, Chair ADMINISTRATIVE JUDGE

Rockville, Maryland December 6, 2023

12 In accordance with the agencys electronic submission guidance, multiple electronic files should be used for pleadings or submissions with attachments or enclosures only if the filing exceeds 1,000 megabytes in size. See Guidance for Electronic Submissions to the NRC (Rev.

10), at 6 ( May 30, 2023 ), https://www.nrc.gov/docs/ML1303/ML13031A056.pdf.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-SLR-2

) 50-251-SLR-2 (Turkey Point Nuclear Generating )

Units 3 & 4) )

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Initial Prehearing Order) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov David E. Roth, Esq.

Sherwin E. Turk, Esq.

U.S. Nuclear Regulatory Commission Blake C. Vaisey, Esq.

Office of the Secretary of the Commission Jeremy L. Wachutka, Esq.

Mail Stop: O-16B33 Susan H. Vrahoretis, Esq.

Washington, DC 20555-0001 Brian P. Newell, Paralegal E-mail: hearingdocket@nrc.gov Georgiann E. Hampton, Paralegal Caitlin R. Byrd, Paralegal Atomic Safety and Licensing Board Panel E-mail: David.Roth@nrc.gov U.S. Nuclear Regulatory Commission Sherwin.Turk@nrc.gov Washington, DC 20555-0001 Blake.Vaisey@nrc.gov Emily I. Krause, Chair, Administrative Judge Jeremy.Wachutka@nrc.gov Dr. Sue H. Abreu, Administrative Judge Susan.Vrahoretis@nrc.gov Dr. Michael F. Kennedy, Administrative Judge Bryan.Newell@nrc.gov Noel M. Johnson, Law Clerk Georgiann.Hampton@nrc.gov Emily Newman, Law Clerk Caitlin.Byrd@nrc.gov E-mail: Emily.Krause@nrc.gov Sue.Abreu@nrc.gov Florida Power & Light Company Michael.Kennedy@nrc.gov 801 Pennsylvania Ave. NW Suite 220 Noel.Johnson@nrc.gov Washington, DC 20004 Emily.Newman@nrc.gov Steven C. Hamrick, Esq.

E-mail: steven.hamrick@fpl.com

Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-SLR-2 MEMORANDUM AND ORDER (Initial Prehearing Order)

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.

Washington, DC 20004 Paul M. Bessette, Esq.

Ryan K. Lighty, Esq.

E-mail: Paul.Bessette@morganlewis.com Ryan.Lighty@morganlewis.com

Miami Waterkeeper P.O. Box 141596 Coral Gables, FL 33115 Cameron Bills, Esq.

Email: cameron@miamiwaterkeeper.org

Office of the Secretary of the Commission

Dated at Rockville, Maryland, this 6th day of December 2023.

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