82 FR 27297 - In the Matter of Florida Power & Light Company (Turkey Point Units 6 and 7)

NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board

Federal Register Volume 82, Issue 113 (June 14, 2017)

[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Page 27297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12358]


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NUCLEAR REGULATORY COMMISSION

Atomic Safety and Licensing Board

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


In the Matter of Florida Power & Light Company (Turkey Point 
Units 6 and 7)

June 8, 2017.

Before Administrative Judges: E. Roy Hawkens, Chairman, Dr. Michael 
F. Kennedy, Dr. William C. Burnett

Notice and Order

(Scheduling and Providing Instructions for Oral Argument)

    Pending before this Licensing Board is a request for a hearing and 
petition to intervene submitted on April 18, 2017 by the City of Miami, 
the Village of Pinecrest, and the City of South Miami (Petitioners).\1\ 
Petitioners' proffered contention alleges that:
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    \1\ See Petition for Leave to Intervene in a Hearing on [FPL's] 
Combined Construction and Operating License Application for Turkey 
Point Units 6 & 7 and File a New Contention (Apr. 18, 2017) 
[hereinafter Petition].

    The [Final Safety Evaluation Report (FSER)] is deficient in 
concluding that [Florida Power & Light Company (FPL)] has 
demonstrated that it possesses or has reasonable assurance of 
obtaining the funds necessary to cover estimated construction costs 
and related fuel cycle costs and FPL has failed to indicate 
source(s) of funds to cover these costs.\2\
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    \2\ Petition at 7.

    After reviewing the petition and the subsequently filed related 
pleadings,\3\ the Board has determined that oral argument will assist 
it in resolving the issues presented. The Board will hold a telephonic 
oral argument concerning contention admissibility on Tuesday, June 20, 
2017, at 2:00 p.m. EDT.
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    \3\ See NRC Staff's Response to New Arguments Raised in 
Petitioners' Reply (June 1, 2017); Petitioners' Reply to NRC Staff 
and FPL's Answers to Petition for Leave to Intervene in a Hearing on 
[FPL's] Combined Construction and Operating License Application for 
Turkey Point Units 6 & 7 and File a New Contention (May 22, 2017); 
NRC Staff Answer to Petition for Leave to Intervene and [File] New 
Contention (May 15, 2017); [FPL's] Answer Opposing [Petitioners'] 
Petition to Intervene and Request for Hearing Regarding the Combined 
Construction and Operating License Application for Turkey Point 
Units 6 & 7 (May 15, 2017).
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    The Board will hear argument from counsel for the parties in the 
following order: (1) Petitioners; (2) FPL; and (3) the NRC Staff. 
Petitioners will have 60 minutes of argument time, and they may reserve 
up to 20 minutes of that time for rebuttal. FPL and the NRC Staff will 
each have 30 minutes of argument time.
    The following list includes topics the parties should address 
during oral argument. This list is not intended to be exclusive.

 Whether Westinghouse's bankruptcy filing, the resulting 
alleged termination of its Reservation Agreement with FPL, or the 
lack of a construction agreement between Westinghouse and FPL raise 
a genuine dispute on a material issue of law or fact with FPL's 
application for a combined license
 Whether FPL's ability to recover costs is material to the 
NRC Staff's determination of FPL's financial qualifications
 Whether Westinghouse's bankruptcy raises a genuine dispute 
on a material issue if FPL's ability to recover costs is not 
material to the NRC Staff's determination of FPL's financial 
qualifications
 The extent of the NRC Staff's review of an applicant's 
financial qualifications and the degree to which an applicant must 
be financially qualified to engage in construction of new nuclear 
units
 The feasibility of the Turkey Point project following 
Westinghouse's bankruptcy
 The effect on the petition of FPL's May 1 filing to the 
Florida Public Service Commission to request a deferral of nuclear 
cost recovery
 The effect on the petition of FPL's May 1 representation to 
the Florida Public Service Commission that the Turkey Point project 
is on a ``pause''

    On or before Friday, June 16, parties shall provide by email to the 
Board and the service list the name of the attorney who will present 
oral argument. The Board's law clerk, Kimberly Hsu, will provide the 
dial-in number and passcode to be used by counsel for the oral 
argument. No witnesses, other representatives of the parties, or 
members of the public will be heard during the argument. However, 
individuals who wish to hear the oral argument live on the listen-only 
telephone line may do so, and should contact Ms. Hsu at 
[email protected] or (301) 415-5939 for the dial-in number and 
passcode.
    It is so ordered.

    Rockville, Maryland.

    Dated: June 8, 2017.

    For the Atomic Safety and Licensing Board.
E. Roy Hawkens,
Chairman, Administrative Judge.
[FR Doc. 2017-12358 Filed 6-13-17; 8:45 am]
BILLING CODE 7590-01-P