80 FR 76324 - Atomic Safety and Licensing Board; In the Matter of Florida Power & Light Company (Turkey Point Nuclear Generating, Units 3 and 4)
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 235 (December 8, 2015)
Federal Register Volume 80, Issue 235 (December 8, 2015)
| Page Range | 76324-76325 | |
| FR Document | 2015-30885 |
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)] [Notices] [Pages 76324-76325] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30885] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-250-LA and 50-251-LA ASLBP No. 15-935-02-LA-BD01] Atomic Safety and Licensing Board; In the Matter of Florida Power & Light Company (Turkey Point Nuclear Generating, Units 3 and 4) December 2, 2015. Before Administrative Judges: Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager Notice of Hearing The Atomic Safety and Licensing Board hereby gives notice that it will convene an evidentiary hearing on January 11, 2016, to receive testimony and exhibits regarding license amendments issued to Florida Power & Light Company (FPL) that increase the temperature limit for the cooling canals at Turkey Point Nuclear Generating Units 3 and 4, located near Homestead, Florida.\1\ The hearing will begin at 9:30 a.m. EST on January 11, 2016, at the Hampton Inn & Suites in Miami South/ Homestead, and continue from day-to-day until completed. The Board also hereby gives notice that it will accept written limited appearance statements from members of the public regarding the license amendment. --------------------------------------------------------------------------- \1\ See License Amendment; Issuance, Opportunity to Request a Hearing, and Petition for Leave to Intervene, 79 FR. 47,689, 47,690 (Aug. 14, 2014); Environmental Assessment and Final Finding of No Significant Impact, Issuance, 79 FR. 44,464, 44,466 (July 31, 2014). --------------------------------------------------------------------------- I. Background This proceeding concerns the cooling canal system (CCS) at Turkey Point Units 3 and 4, which provides a heat sink for the plant's safety systems.\2\ In the CCS, heated water discharged from the plant flows over a 13-mile loop before returning to the plant for recirculation for cooling purposes.\3\ The technical specifications set during the 2002 license renewal establish a water temperature limit of 100 degrees Fahrenheit, as measured at the point of intake back into the plant.\4\ Should FPL exceed the temperature limit, Units 3 and 4 would be required to undergo a dual unit shutdown.\5\ --------------------------------------------------------------------------- \2\ 79 FR 44,466. \3\ Id. \4\ Id. \5\ Id. --------------------------------------------------------------------------- The cooling canals approached the water temperature limit in July 2014, leading FPL to request license amendments to raise the limit to 104 degrees Fahrenheit.\6\ The Nuclear Regulatory Commission (NRC) granted the license amendments on August 8, 2014, and published a notice in the Federal Register informing the public of the opportunity to request a hearing concerning the license amendments.\7\ In response, Citizens Allied for Safe Energy, Inc. (CASE), filed a petition to intervene and proffered four contentions challenging the license amendments.\8\ This Board was established on October 21, 2014, to preside over this proceeding,\9\ and heard oral argument regarding the admissibility of CASE's four proffered contentions on January 14, 2015, in Homestead, Florida.\10\ --------------------------------------------------------------------------- \6\ Id. at 44,465; see Letter from Michael Kiley, Vice President, FPL, to NRC, License Amendment Request No. 231, Application to Revise Technical Specifications to Revise Ultimate Heat Sink Temperature Limit (July 10, 2014) (ADAMS Accession No. ML14196A006). \7\ 79 FR 44,466; see Letter from Audrey Klett, Project Manager, NRC to Mano Nazar, President and Chief Nuclear Officer, NextEra Energy, Turkey Point Nuclear Generating Units Nos. 3 and 4--Issuance of Amendments under Exigent Circumstances Regarding Ultimate Heat Sink and Component Cooling Water Technical Specifications (Aug. 8, 2014) (ADAMS Accession No. ML14199A107). \8\ See Citizens Allied for Safe Energy, Inc. Petition to Intervene and Request for a Hearing (Oct. 14, 2014). \9\ Florida Power & Light Company: Establishment of Atomic Safety and Licensing Board, 79 FR 64,840, 64,840 (Oct. 31, 2014). \10\ Tr. at 1-210. --------------------------------------------------------------------------- On March 23, 2015, the Board granted CASE's hearing request and admitted one of its four proffered contentions.\11\ The admitted contention states: --------------------------------------------------------------------------- \11\ LBP-15-13, 81 NRC 456, 476 (2015). The NRC's environmental assessment, in support of its finding of no significant impact related to the 2014 Turkey Point Units 3 and 4 license amendments, does not adequately address the impact of increased temperature and salinity in the CCS on saltwater intrusion arising from (1) migration out of the CCS; and (2) the withdrawal of fresh water from surrounding aquifers to mitigate conditions within the CCS.\12\ --------------------------------------------------------------------------- \12\ Id. After admitting this contention, the Board ruled that the procedures of Subpart L will be used for this proceeding.\13\ The parties to this proceeding (CASE, FPL, and the NRC Staff) have filed written testimony and exhibits on the merits of this admitted contention, which will be the sole matter under consideration at the evidentiary hearing. --------------------------------------------------------------------------- \13\ See Licensing Board Initial Scheduling Order (May 8, 2015) at 2 (unpublished). --------------------------------------------------------------------------- II. Hearing Date, Time, and Location The evidentiary hearing will commence on Monday, January 11, 2016, at 9:30 a.m. EST and continue through Tuesday, January 12, 2016, at 5:00 p.m. EST, unless the Board concludes the hearing earlier. The evidentiary hearing will take place at the: Hampton Inn & Suites--Miami South/Homestead, 2855 NE 9th Street, Homestead, Florida 33033. Members of the public and the media are welcome to attend and observe the evidentiary hearing, which will involve technical, scientific, and legal questions and testimony. Participation in the hearing, however, will be limited to the parties, their representatives, and their witnesses. Please be aware that security measures will be employed at the entrance to the hearing location, including searches of hand-carried items such as briefcases, backpacks, or purses. In accordance with NRC policy, no signs, banners, posters, or other displays will be permitted inside the hearing room.\14\ The rules and policies regarding the possession of weapons in United States Courthouses and United States Federal Buildings in the State of Florida shall apply to all proceedings conducted in Florida by the Atomic Safety and Licensing Board of the U.S. Nuclear Regulatory Commission.\15\ No firearms or other weapons are allowed in the hearing room. This policy does not apply to federal, state, or local law enforcement personnel while in the performance of their official duties. --------------------------------------------------------------------------- \14\ See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001). \15\ See 18 U.S.C. Sec. 930. --------------------------------------------------------------------------- III. Limited Appearance Statements As provided in 10 CFR 2.315(a), any person (other than a party or the representative of a party to this proceeding) may submit a written statement, known as a limited appearance statement, setting forth a position on matters of concern related to this proceeding. Although these statements are not considered testimony or evidence, and are not made under oath, they nonetheless may assist the Board or the parties in considering the issues in this proceeding.\16\ Anyone who submits a limited appearance statement, however, should be aware that the jurisdiction of [[Page 76325]] this Board and the scope of this proceeding are limited solely to the license amendments described above, and, more particularly, to the specific issues described in the admitted contention. --------------------------------------------------------------------------- \16\ 10 CFR 2.315(a). --------------------------------------------------------------------------- Written limited appearance statements must be submitted by January 15, 2016, and should be sent by mail, fax, or email to both the Office of the Secretary and the Chairman of this Licensing Board: Office of the Secretary Mail: Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001. Fax: (301) 415-1101 (verification (301) 415-1966). Email: hearingdocket@nrc.gov. Chairman of the Licensing Board Mail: Administrative Judge Michael M. Gibson, Chairman, c/o Nicole Pepperl & Jennifer Scro, Board Law Clerks, Mail Stop T-3F23, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001. Fax: (301) 415-5599 (verification (301) 415-4128). Email: Nicole.Pepperl@nrc.gov & Jennifer.Scro@nrc.gov. IV. Document Availability Documents relating to this proceeding are available for public inspection, physically at the NRC's Public Document Room or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by email to pdr@nrc.gov. Reference staff are available Monday through Friday between 8:00 a.m. and 4:00 p.m. ET, except federal holidays. It is so ordered. For the Atomic Safety and Licensing Board. Dated: December 2, 2015. Michael M. Gibson, Chairman, Administrative Judge. [FR Doc. 2015-30885 Filed 12-7-15; 8:45 am] BILLING CODE 7590-01-P
![76324 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices
No significant hazards consideration temperature limit of 100 degrees proceeding (CASE, FPL, and the NRC
comments received: No. Fahrenheit, as measured at the point of Staff) have filed written testimony and
Dated at Rockville, Maryland, this 27th day intake back into the plant.4 Should FPL exhibits on the merits of this admitted
of November 2015. exceed the temperature limit, Units 3 contention, which will be the sole
For the Nuclear Regulatory Commission. and 4 would be required to undergo a matter under consideration at the
Anne T. Boland, dual unit shutdown.5 evidentiary hearing.
The cooling canals approached the
Director, Division of Operating Reactor II. Hearing Date, Time, and Location
Licensing, Office of Nuclear Reactor
water temperature limit in July 2014,
leading FPL to request license The evidentiary hearing will
Regulation.
amendments to raise the limit to 104 commence on Monday, January 11,
[FR Doc. 2015–30680 Filed 12–7–15; 8:45 am]
degrees Fahrenheit.6 The Nuclear 2016, at 9:30 a.m. EST and continue
BILLING CODE 7590–01–P through Tuesday, January 12, 2016, at
Regulatory Commission (NRC) granted
the license amendments on August 8, 5:00 p.m. EST, unless the Board
2014, and published a notice in the concludes the hearing earlier. The
NUCLEAR REGULATORY evidentiary hearing will take place at
COMMISSION Federal Register informing the public of
the opportunity to request a hearing the: Hampton Inn & Suites—Miami
[Docket Nos. 50–250–LA and 50–251–LA concerning the license amendments.7 In South/Homestead, 2855 NE 9th Street,
ASLBP No. 15–935–02–LA–BD01] response, Citizens Allied for Safe Homestead, Florida 33033.
Energy, Inc. (CASE), filed a petition to Members of the public and the media
Atomic Safety and Licensing Board; In are welcome to attend and observe the
intervene and proffered four contentions
the Matter of Florida Power & Light evidentiary hearing, which will involve
challenging the license amendments.8
Company (Turkey Point Nuclear technical, scientific, and legal questions
This Board was established on October
Generating, Units 3 and 4) and testimony. Participation in the
21, 2014, to preside over this
proceeding,9 and heard oral argument hearing, however, will be limited to the
December 2, 2015.
regarding the admissibility of CASE’s parties, their representatives, and their
Before Administrative Judges: witnesses. Please be aware that security
Michael M. Gibson, Chairman four proffered contentions on January
Dr. Michael F. Kennedy 14, 2015, in Homestead, Florida.10 measures will be employed at the
Dr. William W. Sager On March 23, 2015, the Board granted entrance to the hearing location,
CASE’s hearing request and admitted including searches of hand-carried
Notice of Hearing items such as briefcases, backpacks, or
one of its four proffered contentions.11
The Atomic Safety and Licensing The admitted contention states: purses. In accordance with NRC policy,
Board hereby gives notice that it will no signs, banners, posters, or other
The NRC’s environmental assessment, in displays will be permitted inside the
convene an evidentiary hearing on support of its finding of no significant impact
January 11, 2016, to receive testimony hearing room.14 The rules and policies
related to the 2014 Turkey Point Units 3 and
and exhibits regarding license 4 license amendments, does not adequately
regarding the possession of weapons in
amendments issued to Florida Power & address the impact of increased temperature United States Courthouses and United
Light Company (FPL) that increase the and salinity in the CCS on saltwater intrusion States Federal Buildings in the State of
temperature limit for the cooling canals arising from (1) migration out of the CCS; and Florida shall apply to all proceedings
at Turkey Point Nuclear Generating (2) the withdrawal of fresh water from conducted in Florida by the Atomic
Units 3 and 4, located near Homestead, surrounding aquifers to mitigate conditions Safety and Licensing Board of the U.S.
Florida.1 The hearing will begin at 9:30 within the CCS.12 Nuclear Regulatory Commission.15 No
a.m. EST on January 11, 2016, at the After admitting this contention, the firearms or other weapons are allowed
Hampton Inn & Suites in Miami South/ Board ruled that the procedures of in the hearing room. This policy does
Homestead, and continue from day-to- Subpart L will be used for this not apply to federal, state, or local law
day until completed. The Board also proceeding.13 The parties to this enforcement personnel while in the
hereby gives notice that it will accept performance of their official duties.
written limited appearance statements 4 Id.
III. Limited Appearance Statements
5 Id.
from members of the public regarding
6 Id.at 44,465; see Letter from Michael Kiley, Vice As provided in 10 CFR 2.315(a), any
the license amendment.
President, FPL, to NRC, License Amendment person (other than a party or the
I. Background Request No. 231, Application to Revise Technical representative of a party to this
Specifications to Revise Ultimate Heat Sink
This proceeding concerns the cooling Temperature Limit (July 10, 2014) (ADAMS
proceeding) may submit a written
canal system (CCS) at Turkey Point Accession No. ML14196A006). statement, known as a limited
Units 3 and 4, which provides a heat 7 79 FR 44,466; see Letter from Audrey Klett, appearance statement, setting forth a
sink for the plant’s safety systems.2 In
Project Manager, NRC to Mano Nazar, President and position on matters of concern related to
Chief Nuclear Officer, NextEra Energy, Turkey Point this proceeding.
the CCS, heated water discharged from Nuclear Generating Units Nos. 3 and 4—Issuance of
Although these statements are not
the plant flows over a 13-mile loop Amendments under Exigent Circumstances
Regarding Ultimate Heat Sink and Component considered testimony or evidence, and
before returning to the plant for
Cooling Water Technical Specifications (Aug. 8, are not made under oath, they
recirculation for cooling purposes.3 The 2014) (ADAMS Accession No. ML14199A107). nonetheless may assist the Board or the
technical specifications set during the 8 See Citizens Allied for Safe Energy, Inc. Petition
parties in considering the issues in this
2002 license renewal establish a water to Intervene and Request for a Hearing (Oct. 14,
2014).
proceeding.16 Anyone who submits a
limited appearance statement, however,
Lhorne on DSK9F6TC42PROD with NOTICES
1 See License Amendment; Issuance, Opportunity 9 Florida Power & Light Company: Establishment
to Request a Hearing, and Petition for Leave to of Atomic Safety and Licensing Board, 79 FR should be aware that the jurisdiction of
Intervene, 79 FR. 47,689, 47,690 (Aug. 14, 2014); 64,840, 64,840 (Oct. 31, 2014).
10 Tr. at 1–210.
Environmental Assessment and Final Finding of No 14 See Procedures for Providing Security Support
Significant Impact, Issuance, 79 FR. 44,464, 44,466 11 LBP–15–13, 81 NRC 456, 476 (2015). for NRC Public Meetings/Hearings, 66 FR 31,719
(July 31, 2014). 12 Id. (June 12, 2001).
2 79 FR 44,466. 13 See Licensing Board Initial Scheduling Order 15 See 18 U.S.C. § 930.
3 Id. (May 8, 2015) at 2 (unpublished). 16 10 CFR 2.315(a).
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![Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices 76325
this Board and the scope of this NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT:
proceeding are limited solely to the COMMISSION Mable Henderson, Office of Nuclear
license amendments described above, Reactor Regulation, U.S. Nuclear
[NRC–2015–0260]
and, more particularly, to the specific Regulatory Commission, Washington,
issues described in the admitted Applications and Amendments to DC 20555–0001; telephone: 301–415–
contention. Facility Operating Licenses and 3760, email: Mable.Henderson@nrc.gov.
Written limited appearance Combined Licenses Involving SUPPLEMENTARY INFORMATION:
statements must be submitted by Proposed No Significant Hazards I. Obtaining Information and
January 15, 2016, and should be sent by Considerations and Containing Submitting Comments
mail, fax, or email to both the Office of Sensitive Unclassified Non-Safeguards
Information and Order Imposing A. Obtaining Information
the Secretary and the Chairman of this
Licensing Board: Procedures for Access to Sensitive Please refer to Docket ID NRC–2015–
Unclassified Non-Safeguards 0260 when contacting the NRC about
Office of the Secretary Information the availability of information for this
AGENCY: Nuclear Regulatory action. You may obtain publicly-
Mail: Office of the Secretary,
Commission. available information related to this
Rulemakings and Adjudications Staff,
action by any of the following methods:
U.S. Nuclear Regulatory Commission ACTION: License amendment request; • Federal Rulemaking Web site: Go to
Washington, DC 20555–0001. opportunity to comment, request a http://www.regulations.gov and search
Fax: (301) 415–1101 (verification hearing, and petition for leave to for Docket ID NRC–2015–0260.
(301) 415–1966). intervene; order. • NRC’s Agencywide Documents
Email: hearingdocket@nrc.gov. SUMMARY: The U.S. Nuclear Regulatory Access and Management System
Commission (NRC) received and is (ADAMS): You may obtain publicly-
Chairman of the Licensing Board considering approval of one amendment available documents online in the
request. The amendment request is for ADAMS Public Documents collection at
Mail: Administrative Judge Michael http://www.nrc.gov/reading-rm/
M. Gibson, Chairman, c/o Nicole Duane Arnold Energy Center. The NRC
proposes to determine that the adams.html. To begin the search, select
Pepperl & Jennifer Scro, Board Law ‘‘ADAMS Public Documents’’ and then
Clerks, Mail Stop T–3F23, U.S. Nuclear amendment request involves no
significant hazards consideration. In select ‘‘Begin Web-based ADAMS
Regulatory Commission Washington, DC Search.’’ For problems with ADAMS,
addition, the amendment request
20555–0001. please contact the NRC’s Public
contains sensitive unclassified non-
Fax: (301) 415–5599 (verification safeguards information (SUNSI). Document Room (PDR) reference staff at
(301) 415–4128). 1–800–397–4209, 301–415–4737, or by
DATES: Comments must be filed by
email to pdr.resource@nrc.gov. The
Email: Nicole.Pepperl@nrc.gov & January 7, 2016. A request for a hearing ADAMS accession number for each
Jennifer.Scro@nrc.gov. must be filed by February 8, 2016. Any document referenced (if it is available in
potential party as defined in § 2.4 of title ADAMS) is provided the first time that
IV. Document Availability 10 of the Code of Federal Regulations it is mentioned in the SUPPLEMENTARY
Documents relating to this proceeding (10 CFR), who believes access to SUNSI INFORMATION section.
are available for public inspection, is necessary to respond to this notice • NRC’s PDR: You may examine and
physically at the NRC’s Public must request document access by purchase copies of public documents at
Document Room or electronically from December 18, 2015. the NRC’s PDR, Room O1–F21, One
the publicly available records ADDRESSES: You may submit comments White Flint North, 11555 Rockville
component of NRC’s document system by any of the following methods (unless Pike, Rockville, Maryland 20852.
(ADAMS). ADAMS is accessible from this document describes a different
method for submitting comments on a B. Submitting Comments
the NRC Web site at www.nrc.gov/
reading-rm/adams.html. Persons who specific subject): Please include Docket ID NRC–2015–
• Federal Rulemaking Web site: Go to 0260, facility name, unit number(s),
do not have access to ADAMS or who
http://www.regulations.gov and search application date, and subject in your
encounter problems in accessing the
for Docket ID NRC–2015–0260. Address comment submission.
documents located in ADAMS may questions about NRC dockets to Carol The NRC cautions you not to include
contact the NRC Public Document Room Gallagher; telephone: 301–415–3463; identifying or contact information that
reference staff by telephone at (800) email: Carol.Gallagher@nrc.gov. For you do not want to be publicly
397–4209 or (301) 415–4737, or by technical questions, contact the disclosed in your comment submission.
email to pdr@nrc.gov. Reference staff are individual listed in the FOR FURTHER The NRC posts all comment
available Monday through Friday INFORMATION CONTACT section of this submissions at http://
between 8:00 a.m. and 4:00 p.m. ET, document. www.regulations.gov as well as entering
except federal holidays. • Mail comments to: Cindy Bladey, the comment submissions into ADAMS.
It is so ordered. Office of Administration, Mail Stop: The NRC does not routinely edit
OWFN–12–H08, U.S. Nuclear comment submissions to remove
For the Atomic Safety and Licensing
Regulatory Commission, Washington, identifying or contact information.
Board.
Lhorne on DSK9F6TC42PROD with NOTICES
DC 20555–0001. If you are requesting or aggregating
Dated: December 2, 2015. For additional direction on obtaining comments from other persons for
Michael M. Gibson, information and submitting comments, submission to the NRC, then you should
Chairman, Administrative Judge. see ‘‘Obtaining Information and inform those persons not to include
[FR Doc. 2015–30885 Filed 12–7–15; 8:45 am]
Submitting Comments’’ in the identifying or contact information that
SUPPLEMENTARY INFORMATION section of they do not want to be publicly
BILLING CODE 7590–01–P
this document. disclosed in their comment submission.
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Document Created: 2015-12-14 13:27:45
Document Modified: 2015-12-14 13:27:45
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 76324 |
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