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)

Page Range		27297-27297
FR Document		2017-12358

Federal Register, Volume 82 Issue 113 (Wednesday, 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

Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27297

ADAMS
Document Accession
No.

Final Safety Evaluation Report for Combined License for North Anna Unit 3 ................................................................................... ML16259A210
Final Supplemental Environmental Impact Statement for Combined License (COL) for North Anna Unit 3 ..................................... ML100680117
Commission’s Memorandum and Order on the uncontested hearing (Record of Decision) .............................................................. ML17151A406
Summary Record of Decision ............................................................................................................................................................. ML17121A548
Letter transmitting Combined License No. NPF–103 and accompanying documentation ................................................................. ML17128A500
Combined License No. NPF–103 ....................................................................................................................................................... ML17095A813

Dated at Rockville, Maryland, this 2nd day the Board has determined that oral who will present oral argument. The
of June 2017. argument will assist it in resolving the Board’s law clerk, Kimberly Hsu, will
For the Nuclear Regulatory Commission. issues presented. The Board will hold a provide the dial-in number and
Francis M. Akstulewicz, telephonic oral argument concerning passcode to be used by counsel for the
Director, Division of New Reactor Licensing, contention admissibility on Tuesday, oral argument. No witnesses, other
Office of New Reactors. June 20, 2017, at 2:00 p.m. EDT. representatives of the parties, or
[FR Doc. 2017–12271 Filed 6–13–17; 8:45 am] The Board will hear argument from members of the public will be heard
BILLING CODE 7590–01–P counsel for the parties in the following during the argument. However,
order: (1) Petitioners; (2) FPL; and (3) individuals who wish to hear the oral
the NRC Staff. Petitioners will have 60 argument live on the listen-only
NUCLEAR REGULATORY minutes of argument time, and they may telephone line may do so, and should
COMMISSION reserve up to 20 minutes of that time for contact Ms. Hsu at Kimberly.Hsu@
rebuttal. FPL and the NRC Staff will nrc.gov or (301) 415–5939 for the dial-
Atomic Safety and Licensing Board each have 30 minutes of argument time. in number and passcode.
[Docket Nos. 52–040–COL and 52–041–
The following list includes topics the It is so ordered.
COL; ASLBP No. 10–903–02–COL–BD01] parties should address during oral Rockville, Maryland.
argument. This list is not intended to be
Dated: June 8, 2017.
In the Matter of Florida Power & Light exclusive.
For the Atomic Safety and Licensing
Company (Turkey Point Units 6 and 7) • Whether Westinghouse’s bankruptcy filing, Board.
the resulting alleged termination of its E. Roy Hawkens,
June 8, 2017. Reservation Agreement with FPL, or the
lack of a construction agreement between Chairman, Administrative Judge.
Before Administrative Judges: E. Roy
Hawkens, Chairman, Dr. Michael F. Westinghouse and FPL raise a genuine [FR Doc. 2017–12358 Filed 6–13–17; 8:45 am]
Kennedy, Dr. William C. Burnett dispute on a material issue of law or fact BILLING CODE 7590–01–P
with FPL’s application for a combined
Notice and Order license
• Whether FPL’s ability to recover costs is NUCLEAR REGULATORY
(Scheduling and Providing Instructions
material to the NRC Staff’s determination COMMISSION
for Oral Argument) of FPL’s financial qualifications
Pending before this Licensing Board is • Whether Westinghouse’s bankruptcy raises [Docket Nos. 72–1014, 72–59, and 50–271;
a request for a hearing and petition to a genuine dispute on a material issue if NRC–2017–0134]
intervene submitted on April 18, 2017 FPL’s ability to recover costs is not
material to the NRC Staff’s determination Entergy Nuclear Operations, Inc.;
by the City of Miami, the Village of of FPL’s financial qualifications Vermont Yankee Nuclear Power
Pinecrest, and the City of South Miami • The extent of the NRC Staff’s review of an Station; Independent Spent Fuel
(Petitioners).1 Petitioners’ proffered applicant’s financial qualifications and the Storage Installation
contention alleges that: degree to which an applicant must be
The [Final Safety Evaluation Report financially qualified to engage in AGENCY: Nuclear Regulatory
(FSER)] is deficient in concluding that construction of new nuclear units Commission.
[Florida Power & Light Company (FPL)] has • The feasibility of the Turkey Point project ACTION: Exemption; issuance.
demonstrated that it possesses or has following Westinghouse’s bankruptcy
reasonable assurance of obtaining the funds • The effect on the petition of FPL’s May 1 SUMMARY: The U.S. Nuclear Regulatory
necessary to cover estimated construction filing to the Florida Public Service Commission (NRC) is issuing an
costs and related fuel cycle costs and FPL has Commission to request a deferral of nuclear exemption in response to a request
failed to indicate source(s) of funds to cover cost recovery
• The effect on the petition of FPL’s May 1
submitted by Entergy Nuclear
these costs.2 Operations, Inc. (Entergy) on November
representation to the Florida Public Service
After reviewing the petition and the Commission that the Turkey Point project 9, 2016, and supplemented on January
subsequently filed related pleadings,3 is on a ‘‘pause’’ 9, 2017, for its general license to operate
an independent spent fuel storage
On or before Friday, June 16, parties
1 See Petition for Leave to Intervene in a Hearing installation (ISFSI) at the Vermont
on [FPL’s] Combined Construction and Operating shall provide by email to the Board and
Yankee Nuclear Power Station (VYNPS).
License Application for Turkey Point Units 6 & 7 the service list the name of the attorney
This exemption would permit the
mstockstill on DSK30JT082PROD with NOTICES

and File a New Contention (Apr. 18, 2017)
[hereinafter Petition]. and File a New Contention (May 22, 2017); NRC
VYNPS to load and store certain low-
2 Petition at 7.
Staff Answer to Petition for Leave to Intervene and enriched channeled undamaged fuel
3 See NRC Staff’s Response to New Arguments [File] New Contention (May 15, 2017); [FPL’s] assemblies with higher enriched fuel
Raised in Petitioners’ Reply (June 1, 2017); Answer Opposing [Petitioners’] Petition to assemblies in the same HI–STORM 100
Petitioners’ Reply to NRC Staff and FPL’s Answers Intervene and Request for Hearing Regarding the
to Petition for Leave to Intervene in a Hearing on Combined Construction and Operating License
multi-purpose canister (MPC)–68M
[FPL’s] Combined Construction and Operating Application for Turkey Point Units 6 & 7 (May 15, using Certificate of Compliance (CoC)
License Application for Turkey Point Units 6 & 7 2017). No. 1014, Amendment No. 10.

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Document Created: 2017-06-14 01:23:59
Document Modified: 2017-06-14 01:23:59

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 27297

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

NUCLEAR REGULATORY COMMISSIONAtomic Safety and Licensing Board

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

NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board