82 FR 16241 - Atomic Safety and Licensing Board; Notice of Hearing

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range		16241-16242
FR Document		2017-06502
Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017)
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16241-16242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06502]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040-COL and 52-041-COL; ASLBP No. 10-903-02-COL-BD01]


Atomic Safety and Licensing Board; Notice of Hearing

 March 28, 2017.

Before Administrative Judges: E. Roy Hawkens, Chairman, Dr. Michael 
F. Kennedy, Dr. William C. Burnett.
In the Matter of FLORIDA POWER & LIGHT COMPANY (Turkey Point Units 6 
and 7)

    Pursuant to 10 CFR 2.312, this Atomic Safety and Licensing Board 
gives notice that it will convene an evidentiary hearing with regard to 
a challenge by Mark Oncavage, Dan Kipnis, Southern Alliance for Clean 
Energy, and National Parks Conservation Association (Joint Intervenors) 
to an application by Florida Power & Light Company (FPL) to construct 
and operate two new nuclear power reactors, Units 6 and 7, at the FPL 
Turkey Point facility near Homestead, Florida.\1\
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    \1\ See LBP-16-03, 83 NRC 169, 186 (2016); LBP-11-06, 73 NRC 
149, 251 (2011).
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A. Date, Time, and Location of Evidentiary Hearing

    The Board will convene the evidentiary hearing on Tuesday, May 2, 
2017 at 9:30 a.m. EDT, in the Council Chambers of the Homestead City 
Hall. The City Hall is located at 100 Civic Court, Homestead, Florida 
33033. If the evidentiary hearing lasts longer than one day, we will 
adjourn on Tuesday afternoon and will reconvene and continue at 9:30 
a.m. EDT on Wednesday, May 3, 2017. We anticipate that the evidentiary 
hearing will not take more than two days.
    The evidentiary hearing will be held under the authority of the 
Atomic Energy Act, 42 U.S.C. 2231, 2239, and 2241. It will be conducted 
pursuant to the NRC hearing procedures set forth in 10 CFR part 2, 
subpart L, 10 CFR 2.1200-2.1213.
    Members of the public and media are welcome to attend and observe 
the evidentiary hearing.\2\ Actual participation in the hearing will be 
limited to the parties, interested local governmental bodies, and their 
lawyers and witnesses.\3\ Please be aware that security measures may be 
employed at the entrance to the facility, including searches of hand-
carried items such as briefcases or backpacks. No signs will be 
permitted in the Council Chambers.
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    \2\ The Council Chambers of the Homestead City Hall can 
accommodate approximately 100 attendees in the audience.
    \3\ The parties consist of (1) Joint Intervenors; (2) FPL; and 
(3) the NRC Staff. The interested local governmental bodies in this 
proceeding are (1) the Village of Pinecrest, Florida; and (2) the 
City of Miami, Florida. See LBP-15-19, 81 NRC 815, 828 (2015); LBP-
11-06, 73 NRC at 251.

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[[Page 16242]]

B. Matters To Be Considered

    Joint Intervenors advance the following challenge (i.e., Contention 
2.1) that will be litigated during the May 2, 2017 evidentiary hearing:

    The [Final Environmental Impact Statement (FEIS)] is deficient 
in concluding that the environmental impacts from FPL's proposed 
deep injection wells will be ``small.'' The chemical concentrations 
of ethylbenzene, heptachlor, tetrachloroethylene, and toluene in the 
wastewater injections, see FEIS Table 3-5, may adversely impact the 
groundwater should they migrate from the Boulder Zone to the Upper 
Floridan Aquifer.\4\
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    \4\ See LBP-16-03, 83 NRC at 186. In LBP-16-03, we formulated 
Contention 2.1 as a challenge to the Draft EIS. When the NRC Staff 
issued the FEIS in October 2016, Contention 2.1 automatically 
converted to a challenge to the FEIS.
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C. 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 written limited appearance statement, setting 
forth a position on matters of concern related to this proceeding. 
Although these statements are not considered testimony or evidence in 
this proceeding, they nonetheless may assist this Licensing Board or 
the parties in considering the matters at issue. Anyone who submits a 
written limited appearance statement should be aware that the 
jurisdiction of this Licensing Board and the scope of this proceeding 
are limited solely to the specific matters described in Contention 2.1.
    Written limited appearance statements may be submitted at any time, 
and should be sent by mail, fax, or email to the Office of the 
Secretary and also to 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: Chief Administrative Judge E. Roy Hawkens, c/o Jennifer Scro 
& Kimberly Hsu, Board Law Clerks, Atomic Safety and Licensing Board 
Panel, 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].

D. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding (including any updated or 
revised scheduling information regarding the evidentiary hearing) are 
available for public inspection electronically on the NRC's Electronic 
Hearing Docket (EHD). EHD is accessible from the NRC Web site at 
https://adams.nrc.gov/ehd. For additional information regarding the EHD 
please see http://www.nrc.gov/about-nrc/regulatory/adjudicatory.html#ehd. Persons who do not have access to the internet 
or who encounter problems in accessing the documents located on the 
NRC's Web site may contact the NRC Public Document Room reference staff 
by email to [email protected] or by telephone at (800) 397-4209 or (301) 415-
4737. Reference staff are available Monday through Friday between 8:00 
a.m. and 4:00 p.m. ET, except federal holidays. For additional 
information regarding the NRC Public Document Room please see http://www.nrc.gov/reading-rm/pdr.html.

    It is so ordered.
    For The Atomic Safety and Licensing Board. Rockville, Maryland.

    Dated: March 28, 2017.
E. Roy Hawkens,
Chairman, Administrative Judge.
[FR Doc. 2017-06502 Filed 3-31-17; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16241

shipped. Non-radiological impacts from and USEI’s exemption request under 10 IV. Availability of Documents
this disposal have been addressed in CFR 30.11. The NRC staff has prepared
this EA as having been bounded by this EA in support of the proposed Documents related to the proposed
previous environmental analysis. action. On the basis of this EA and action, including the application and
Further State of Vermont concerns about NUREG–0586, Supplement 1, which are supporting documentation, are available
non-radiological constituents in the incorporated by reference, the NRC electronically at the NRC’s Electronic
water to be shipped should be finds that the proposed action will not Reading Room at http://www.nrc.gov/
addressed to ENO under the State’s have a significant effect on the quality reading-rm/adams.html. From this site,
authority for regulation of hazardous of the human environment, and you can access the NRC’s ADAMS,
wastes. therefore, the preparation of an which provides text and image files of
III. Finding of No Significant Impact environmental impact statement is not NRC’s public documents. The
warranted. Accordingly, the NRC has documents related to this action are
The proposed action consists of the listed below, along with their ADAMS
NRC approval of ENO’s alternate determined that a Finding of No
Significant Impact is appropriate. accession numbers.
disposal request under 10 CFR 20.2002

ADAMS
Document Date accession No.

ENO letter to NRC, Vermont Yankee—Submittal of 10 CFR 20.2002 Request for Alternate Waste Disposal 01/14/2016 ML16029A071
at US Ecology.
USEI letter to NRC, US Ecology Idaho, Inc.—Request for Exemptions under 10 CFR 30.11 for Alternate Dis- 01/14/2016 ML16021A173
posal of Wastes from Vermont Yankee Nuclear Plant Under 10 CFR 20.2002.
NRC letter to ENO, Request for Additional Information Related to 10 CFR 20.2002 Alternate Waste Disposal 03/22/2016 ML16077A345
Request for Vermont Yankee Nuclear Power Station.
ENO letter to NRC, Vermont Yankee Nuclear Power Station—Response to Request for Additional Informa- 06/28/2016 ML16182A035
tion Related to 10 CFR 20.2002, Alternate Waste Disposal Request.
NRC email to ENO, Follow-up Questions Related to Entergy Request for 20.2002 Disposal of Contaminated 07/28/2016 ML16231A219
Water.
ENO email to NRC, Response to NRC Questions Related to Request for 20.2002 Disposal of Contaminated 08/11/2016 ML16231A028
Water.

If you do not have access to ADAMS, NUCLEAR REGULATORY The City Hall is located at 100 Civic
or if there are problems in accessing the COMMISSION Court, Homestead, Florida 33033. If the
documents located in ADAMS, contact evidentiary hearing lasts longer than
[Docket Nos. 52–040–COL and 52–041–
the NRC Public Document Room (PDR) COL; ASLBP No. 10–903–02–COL–BD01]
one day, we will adjourn on Tuesday
Reference staff at 1–800–397–4209, 301– afternoon and will reconvene and
415–4737, or by email at pdr@nrc.gov. Atomic Safety and Licensing Board; continue at 9:30 a.m. EDT on
These documents may also be viewed Notice of Hearing Wednesday, May 3, 2017. We anticipate
on the public computers located at the that the evidentiary hearing will not
March 28, 2017. take more than two days.
NRC’s PDR, O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville, Before Administrative Judges: E. Roy The evidentiary hearing will be held
Maryland 20852. The PDR reproduction Hawkens, Chairman, Dr. Michael F. under the authority of the Atomic
contractor will copy documents for a Kennedy, Dr. William C. Burnett. Energy Act, 42 U.S.C. 2231, 2239, and
In the Matter of FLORIDA POWER & LIGHT 2241. It will be conducted pursuant to
fee.
COMPANY (Turkey Point Units 6 and 7) the NRC hearing procedures set forth in
Dated at Rockville, Maryland, this 20th day 10 CFR part 2, subpart L, 10 CFR
Pursuant to 10 CFR 2.312, this Atomic
of March 2017. 2.1200–2.1213.
Safety and Licensing Board gives notice
For the U.S. Nuclear Regulatory that it will convene an evidentiary Members of the public and media are
Commission. hearing with regard to a challenge by welcome to attend and observe the
Bruce A. Watson, Mark Oncavage, Dan Kipnis, Southern evidentiary hearing.2 Actual
Chief, Reactor Decommissioning Branch, Alliance for Clean Energy, and National participation in the hearing will be
Division of Decommissioning, Uranium Parks Conservation Association (Joint limited to the parties, interested local
Recovery, and Waste Programs, Office of Intervenors) to an application by Florida governmental bodies, and their lawyers
Nuclear Materials Safety and Safeguards. Power & Light Company (FPL) to and witnesses.3 Please be aware that
[FR Doc. 2017–06495 Filed 3–31–17; 8:45 am] construct and operate two new nuclear security measures may be employed at
BILLING CODE 7590–01–P power reactors, Units 6 and 7, at the the entrance to the facility, including
FPL Turkey Point facility near searches of hand-carried items such as
Homestead, Florida.1 briefcases or backpacks. No signs will be
permitted in the Council Chambers.
A. Date, Time, and Location of
Evidentiary Hearing
mstockstill on DSK3G9T082PROD with NOTICES

2 The Council Chambers of the Homestead City

The Board will convene the Hall can accommodate approximately 100 attendees
evidentiary hearing on Tuesday, May 2, in the audience.
3 The parties consist of (1) Joint Intervenors; (2)
2017 at 9:30 a.m. EDT, in the Council
FPL; and (3) the NRC Staff. The interested local
Chambers of the Homestead City Hall. governmental bodies in this proceeding are (1) the
Village of Pinecrest, Florida; and (2) the City of
1 See LBP–16–03, 83 NRC 169, 186 (2016); LBP– Miami, Florida. See LBP–15–19, 81 NRC 815, 828
11–06, 73 NRC 149, 251 (2011). (2015); LBP–11–06, 73 NRC at 251.

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16242 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

B. Matters To Be Considered D. Availability of Documentary FOR FURTHER INFORMATION CONTACT:
Joint Intervenors advance the Information Regarding the Proceeding David A. Trissell, General Counsel, at
following challenge (i.e., Contention Documents relating to this proceeding 202–789–6820.
2.1) that will be litigated during the May (including any updated or revised SUPPLEMENTARY INFORMATION:
2, 2017 evidentiary hearing: scheduling information regarding the Table of Contents
The [Final Environmental Impact evidentiary hearing) are available for
I. Introduction
Statement (FEIS)] is deficient in concluding public inspection electronically on the II. Docketed Proceeding(s)
that the environmental impacts from FPL’s NRC’s Electronic Hearing Docket (EHD).
proposed deep injection wells will be EHD is accessible from the NRC Web I. Introduction
‘‘small.’’ The chemical concentrations of site at https://adams.nrc.gov/ehd. For
ethylbenzene, heptachlor, The Commission gives notice that the
additional information regarding the Postal Service filed request(s) for the
tetrachloroethylene, and toluene in the
wastewater injections, see FEIS Table 3–5, EHD please see http://www.nrc.gov/ Commission to consider matters related
may adversely impact the groundwater about-nrc/regulatory/ to negotiated service agreement(s). The
should they migrate from the Boulder Zone adjudicatory.html#ehd. Persons who do request(s) may propose the addition or
to the Upper Floridan Aquifer.4 not have access to the internet or who removal of a negotiated service
encounter problems in accessing the agreement from the market dominant or
C. Limited Appearance Statements
documents located on the NRC’s Web the competitive product list, or the
As provided in 10 CFR 2.315(a), any site may contact the NRC Public modification of an existing product
person (other than a party or the Document Room reference staff by email currently appearing on the market
representative of a party to this to pdr@nrc.gov or by telephone at (800) dominant or the competitive product
proceeding) may submit a written 397–4209 or (301) 415–4737. Reference list.
statement, known as a written limited staff are available Monday through Section II identifies the docket
appearance statement, setting forth a Friday between 8:00 a.m. and 4:00 p.m. number(s) associated with each Postal
position on matters of concern related to ET, except federal holidays. For Service request, the title of each Postal
this proceeding. Although these additional information regarding the Service request, the request’s acceptance
statements are not considered testimony NRC Public Document Room please see date, and the authority cited by the
or evidence in this proceeding, they http://www.nrc.gov/reading-rm/ Postal Service for each request. For each
nonetheless may assist this Licensing pdr.html. request, the Commission appoints an
Board or the parties in considering the
It is so ordered. officer of the Commission to represent
matters at issue. Anyone who submits a
For The Atomic Safety and Licensing the interests of the general public in the
written limited appearance statement
Board. Rockville, Maryland. proceeding, pursuant to 39 U.S.C. 505
should be aware that the jurisdiction of
Dated: March 28, 2017. (Public Representative). Section II also
this Licensing Board and the scope of
E. Roy Hawkens, establishes comment deadline(s)
this proceeding are limited solely to the
specific matters described in Contention Chairman, Administrative Judge. pertaining to each request.
The public portions of the Postal
2.1. [FR Doc. 2017–06502 Filed 3–31–17; 8:45 am]
Written limited appearance Service’s request(s) can be accessed via
BILLING CODE 7590–01–P
statements may be submitted at any the Commission’s Web site (http://
time, and should be sent by mail, fax, www.prc.gov). Non-public portions of
or email to the Office of the Secretary the Postal Service’s request(s), if any,
POSTAL REGULATORY COMMISSION can be accessed through compliance
and also to the Chairman of this
Licensing Board: [Docket Nos. MC2017–100 and CP2017–147; with the requirements of 39 CFR
MC2017–101 and CP2017–148; MC2017–102 3007.40.
Office of the Secretary and CP2017–149; MC2017–103 and CP2017– The Commission invites comments on
Mail: Office of the Secretary, 150; MC2017–104 and CP2017–151] whether the Postal Service’s request(s)
Rulemakings and Adjudications Staff, in the captioned docket(s) are consistent
New Postal Products with the policies of title 39. For
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001. AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states
Fax: (301) 415–1101 (verification concern market dominant product(s),
ACTION: Notice.
(301) 415–1966). applicable statutory and regulatory
Email: hearingdocket@nrc.gov. SUMMARY: The Commission is noticing requirements include 39 U.S.C. 3622, 39
recent Postal Service filings for the U.S.C. 3642, 39 CFR part 3010, and 39
Chairman of the Licensing Board
Commission’s consideration concerning CFR part 3020, subpart B. For request(s)
Mail: Chief Administrative Judge E. negotiated service agreements. This that the Postal Service states concern
Roy Hawkens, c/o Jennifer Scro & notice informs the public of the filing, competitive product(s), applicable
Kimberly Hsu, Board Law Clerks, invites public comment, and takes other statutory and regulatory requirements
Atomic Safety and Licensing Board administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633,
Panel, Mail Stop T–3F23, U.S. Nuclear 39 U.S.C. 3642, 39 CFR part 3015, and
DATES: Comments are due: April 4,
Regulatory Commission, Washington, 39 CFR part 3020, subpart B. Comment
DC 20555–0001. 2017.
deadline(s) for each request appear in
Fax: (301) 415–5599 (verification ADDRESSES: Submit comments section II.
(301) 415–4128). electronically via the Commission’s
mstockstill on DSK3G9T082PROD with NOTICES

Email: Jennifer.Scro@nrc.gov & Filing Online system at http:// II. Docketed Proceeding(s)
Kimberly.Hsu@nrc.gov. www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2017–100 and
comments electronically should contact CP2017–147; Filing Title: Request of the
4 See LBP–16–03, 83 NRC at 186. In LBP–16–03,
the person identified in the FOR FURTHER United States Postal Service to Add
we formulated Contention 2.1 as a challenge to the
Draft EIS. When the NRC Staff issued the FEIS in
INFORMATION CONTACT section by Priority Mail Contract 299 to
October 2016, Contention 2.1 automatically telephone for advice on filing Competitive Product List and Notice of
converted to a challenge to the FEIS. alternatives. Filing (Under Seal) of Unredacted

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Document Created: 2017-04-01 09:36:17
Document Modified: 2017-04-01 09:36:17
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 16241