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, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76324-76325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30885]


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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.
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    \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).
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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\
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    \2\ 79 FR 44,466.
    \3\ Id.
    \4\ Id.
    \5\ Id.
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    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\
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    \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.
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    On March 23, 2015, the Board granted CASE's hearing request and 
admitted one of its four proffered contentions.\11\ The admitted 
contention states:
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    \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\
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    \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.
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    \13\ See Licensing Board Initial Scheduling Order (May 8, 2015) 
at 2 (unpublished).
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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.
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    \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.
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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.
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    \16\ 10 CFR 2.315(a).
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    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: [email protected].

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: [email protected] & [email protected].

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 
[email protected]. 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