82 FR 34995 - Florida Power and Light Company; Turkey Point, Units 6 and 7

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range		34995-34997
FR Document		2017-15752

The U.S. Nuclear Regulatory Commission (NRC) will convene an evidentiary session to receive testimony and exhibits in the uncontested portion of this proceeding regarding the application of Florida Power and Light Company (FPL) for combined licenses (COLs) to construct and operate two additional units (Units 6 and 7) at the Turkey Point site in Miami-Dade County, Florida. This mandatory hearing will concern safety and environmental matters relating to the requested COLs.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34995-34997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15752]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040 and 52-041; NRC-2009-0337]


Florida Power and Light Company; Turkey Point, Units 6 and 7

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license application; revised notice of hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will convene an 
evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding the application of 
Florida Power and Light Company (FPL) for combined licenses (COLs) to 
construct and operate two additional units (Units 6 and 7) at the 
Turkey Point site in Miami-Dade County, Florida. This mandatory hearing 
will concern safety and environmental matters relating to the requested 
COLs.

DATES: The hearing will be held on October 5, 2017, beginning at 9:00 
a.m. Eastern Standard Time. For the schedule for submitting pre-filed

[[Page 34996]]

documents and deadlines affecting Interested Government Participants, 
see Section V of the SUPPLEMENTARY INFORMATION section of this 
document.

ADDRESSES: Please refer to Docket ID 52-040 and 52-041 when contacting 
the NRC about the availability of information regarding this document. 
You may obtain publicly-available information related to this document 
using any of the following methods: NRC's Electronic Hearing Docket: 
You may obtain publicly available documents related to this hearing 
online at http://www.nrc.gov/about-nrc/regulatory/adjudicatory.html.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search '' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Denise McGovern, Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: (301) 415-0681; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission hereby gives notice that, pursuant to Section 189a 
of the Atomic Energy Act of 1954, as amended (the Act), it will convene 
an evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding FPL's June 30, 2009, 
application for COLs under part 52 of title 10 of the Code of Federal 
Regulations (10 CFR), to construct and operate two additional units 
(Units 6 and 7) at the Turkey Point site in Miami-Dade County, Florida 
(http://www.nrc.gov/reactors/new-reactors/col/turkey-point.html). The 
Commission had previously scheduled this hearing for February 9, 
2017.\1\ This mandatory hearing will concern safety and environmental 
matters relating to the requested COLs, as more fully described below. 
Participants in the hearing are not to address any contested issues in 
their written filings or oral presentations.
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    \1\ See 81 FR 89,995 (Dec. 13, 2016).
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II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m. 
Eastern Standard Time on October 5, 2017, at the U.S. Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852. The hearing on these issues will continue on 
subsequent days, if necessary.

III. Presiding Officer

    The Commission is the presiding officer for this proceeding.

IV. Matters to be Considered

    The matter at issue in this proceeding is whether the review of the 
application by the Commission's staff has been adequate to support the 
findings found in 10 CFR 52.97 and 10 CFR 51.107. Those findings that 
must be made for each COL are as follows:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended

    The Commission will determine whether (1) the applicable standards 
and requirements of the Act and the Commission's regulations have been 
met; (2) any required notifications to other agencies or bodies have 
been duly made; (3) there is reasonable assurance that the facility 
will be constructed and will operate in conformity with the license, 
the provisions of the Act, and the Commission's regulations; (4) the 
applicant is technically and financially qualified to engage in the 
activities authorized; and (5) issuance of the license will not be 
inimical to the common defense and security or the health and safety of 
the public.

Issues Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as Amended

    The Commission will (1) determine whether the requirements of 
Sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations 
in 10 CFR part 51 have been met; (2) independently consider the final 
balance among conflicting factors contained in the record of the 
proceeding with a view to determining the appropriate action to be 
taken; (3) determine, after weighing the environmental, economic, 
technical, and other benefits against environmental and other costs, 
and considering reasonable alternatives, whether the combined licenses 
should be issued, denied, or appropriately conditioned to protect 
environmental values; and (4) determine whether the NEPA review 
conducted by the NRC staff has been adequate.

V. Schedule for Submittal of Pre-Filed Documents

    No later than September 14, 2017, unless the Commission directs 
otherwise, the NRC staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than September 14, 2017, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The NRC staff previously submitted its testimony on December 2, 2016.
    The Commission may issue written questions to the applicant or the 
NRC staff before the hearing. If such questions are issued, an order 
containing such questions will be issued no later than September 1, 
2017. Responses to such questions are due September 14, 2017, unless 
the Commission directs otherwise.

VI. Interested Government Participants

    No later than August 30, 2017, any interested State, local 
government body, or affected, Federally-recognized Indian Tribe may 
file with the Commission a statement of any issues or questions to 
which the State, local government body, or Indian Tribe wishes the 
Commission to give particular attention as part of the uncontested 
hearing process. Such statement may be accompanied by any supporting 
documentation that the State, local government body, or Indian Tribe 
sees fit to provide. Any statements and supporting documentation (if 
any) received by the Commission using the agency's E-filing system \2\ 
by the deadline indicated above will be made part of the record of the 
proceeding. The Commission will use such statements and documents as 
appropriate to inform its pre-hearing questions to the NRC staff and 
applicant, its inquiries at the oral hearing and its decision following 
the hearing. The Commission may also

[[Page 34997]]

request, prior to September 1, 2017, that one or more particular 
States, local government bodies, or Indian Tribes send one 
representative each to the evidentiary hearing to answer Commission 
questions and/or make a statement for the purpose of assisting the 
Commission's exploration of one or more of the issues raised by the 
State, local government body, or Indian Tribe in the pre-hearing 
filings described above. The decision of whether to request the 
presence of a representative of a State, local government body, or 
Indian Tribe at the evidentiary hearing to make a statement and/or 
answer Commission questions is solely at the Commission's discretion. 
The Commission's request will specify the issue or issues that the 
representative should be prepared to address.
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    \2\ The process for accessing and using the agency's E-filing 
system is described in the June 18, 2010, notice of hearing that was 
issued by the Commission for this proceeding. See Florida Power and 
Light Company; Combined License Application for the Turkey Point 
Units 6 and 7; Notice of Hearing, Opportunity To Petition for Leave 
To Intervene and Associated Order Imposing Procedures for Access to 
Sensitive Unclassified Non-Safeguards Information and Safeguards 
Information for Contention Preparation (75 FR 34777). Participants 
who are unable to use the electronic information exchange (EIE), or 
who will have difficulty complying with EIE requirements in the time 
frame provided for submission of written statements, may provide 
their statements by electronic mail to [email protected].
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    States, local governments, or Indian Tribes should be aware that 
this evidentiary hearing is separate and distinct from the NRC's 
contested hearing process. Issues within the scope of contentions that 
have been admitted or contested issues pending before the Atomic Safety 
and Licensing Board or the Commission in a contested proceeding for a 
COL application are outside the scope of the uncontested proceeding for 
that COL application. In addition, although States, local governments, 
or Indian Tribes participating as described above may take any position 
they wish, or no position at all, with respect to issues regarding the 
COL application or the NRC staff's associated environmental review that 
do fall within the scope of the uncontested proceeding (i.e., issues 
that are not within the scope of admitted contentions or pending 
contested issues), they should be aware that many of the procedures and 
rights applicable to the NRC's contested hearing process due to the 
inherently adversarial nature of such proceedings are not available 
with respect to this uncontested hearing. Participation in the NRC's 
contested hearing process is governed by 10 CFR 2.309 (for persons or 
entities, including States, local governments, or Indian Tribes, 
seeking to file contentions of their own) and 10 CFR 2.315(c) (for 
interested States, local governments, and Indian Tribes seeking to 
participate with respect to contentions filed by others). Participation 
in this uncontested hearing does not affect the right of a State, local 
government, or Indian Tribe to participate in the separate contested 
hearing process.

    Dated at Rockville, Maryland, this 20th day of July, 2017.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2017-15752 Filed 7-26-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34997

request, prior to September 1, 2017, that For the Nuclear Regulatory Commission. conditions experiencing some measure
one or more particular States, local Annette L. Vietti-Cook, of volatility; and the largest BOW
government bodies, or Indian Tribes Secretary of the Commission. (‘‘Regime 3’’) is associated with more
send one representative each to the [FR Doc. 2017–15752 Filed 7–26–17; 8:45 am] extreme market conditions. ICC selects
evidentiary hearing to answer BILLING CODE 7590–01–P as the end-of-day BOW (‘‘EOD BOW) for
Commission questions and/or make a an index product the pre-defined BOW
statement for the purpose of assisting that is most representative of the BOWs
the Commission’s exploration of one or SECURITIES AND EXCHANGE obtained from Clearing Participants
more of the issues raised by the State, COMMISSION based on ICC’s methodology. For single-
local government body, or Indian Tribe name instruments, ICC determines the
in the pre-hearing filings described [Release No. 34–81186; File No. SR–ICC– EOD BOW by using intraday BOW data
above. The decision of whether to 2017–006] received from Clearing Participants and
request the presence of a representative Self-Regulatory Organizations; ICE then applies various scaling factors to
of a State, local government body, or Clear Credit LLC; Order Approving arrive at an EOD BOW based on ICC’s
Indian Tribe at the evidentiary hearing Proposed Rule Change Relating to methodology. The EOD BOWs are used
to make a statement and/or answer ICC’s End-of-Day Price Discovery for mark-to-market and risk
Commission questions is solely at the Policies and Procedures management purposes.
Commission’s discretion. The As currently constituted, ICC’s
Commission’s request will specify the July 21, 2017. procedures allow its Risk Department to
issue or issues that the representative I. Introduction override the EOD BOW based on the
should be prepared to address. Risk Department’s review and
On May 25, 2017, ICE Clear Credit
States, local governments, or Indian monitoring of market conditions. ICC
LLC (‘‘ICC’’ or ‘‘ICE Clear Credit’’) filed
Tribes should be aware that this represents that during periods of high
with the Securities and Exchange
evidentiary hearing is separate and market volatility, a significant number
Commission (‘‘Commission’’), pursuant
distinct from the NRC’s contested to Section 19(b)(1) of the Securities of BOW adjustments may need to be
hearing process. Issues within the scope Exchange Act of 1934 (‘‘Act’’) 1 and Rule made, and that, if needed, such
of contentions that have been admitted 19b–4 thereunder,2 a proposed rule adjustments are determined and input
or contested issues pending before the change (SR–ICC–2017–006) to amend manually.4 ICC believes that this
Atomic Safety and Licensing Board or ICC’s End-of-Day Price Discovery manual intervention, which takes place
the Commission in a contested Policies and Procedures (‘‘Pricing in a short time period, is a potential
proceeding for a COL application are Policy’’) to implement an automated source of operational risk.5
outside the scope of the uncontested bid-offer width scaling methodology as In order to reduce this operational
proceeding for that COL application. In part of its end-of-day pricing process. risk, ICC proposes to replace the manual
addition, although States, local The proposed rule change was BOW adjustment process in the Pricing
governments, or Indian Tribes published for comment in the Federal Policy with an algorithm that will
participating as described above may Register on June 15, 2017.3 The automatically execute the widening of
take any position they wish, or no Commission did not receive comments selected BOWs based on the dispersion
position at all, with respect to issues regarding the proposed changes. For the of intraday mid-level quotes, an
regarding the COL application or the reasons discussed below, the indicator of the day’s volatility.
NRC staff’s associated environmental Commission is approving the proposed To effectuate this automatic BOW-
review that do fall within the scope of rule change. widening process, ICC proposed to
the uncontested proceeding (i.e., issues
II. Description of the Proposed Rule introduce a new metric, a ‘‘Variability
that are not within the scope of
Change Level,’’ designed to measure the
admitted contentions or pending
movement of intraday bid-offer mid-
contested issues), they should be aware Bid-offer width (‘‘BOW’’) is one input levels relative to the existing pre-
that many of the procedures and rights in ICC’s end-of-day price discovery defined BOWs described above. Under
applicable to the NRC’s contested process used to determine end-of-day the proposed changes, where the
hearing process due to the inherently price levels for ICC’s cleared products. intraday BOW mid-level falls above or
adversarial nature of such proceedings ICC derives the BOW used in its end-of- below the prior day’s end-of-day level
are not available with respect to this day price discovery process for each by more than one pre-defined BOW, the
uncontested hearing. Participation in clearing-eligible instrument from BOW Variability Level will be determined by
the NRC’s contested hearing process is information supplied by its Clearing a formula that takes the maximum
governed by 10 CFR 2.309 (for persons Participants. Currently, ICC determines deviation of the time series of intraday
or entities, including States, local the end-of-day BOW for index products BOW mid-levels from the prior day’s
governments, or Indian Tribes, seeking by comparing BOW data received from end-of-day level and divides it by the
to file contentions of their own) and 10 Clearing Participants to three pre- pre-defined BOW. Where the intraday
CFR 2.315(c) (for interested States, local defined BOWs. The three pre-defined BOW mid-level falls within one pre-
governments, and Indian Tribes seeking BOWs are progressively larger, such that defined BOW of the prior day’s end-of-
to participate with respect to the smallest BOW (‘‘Regime 1’’) is day level, the Variability Level would be
contentions filed by others). associated with normal market set to 1.0, if the range of intraday mid-
mstockstill on DSK30JT082PROD with NOTICES

Participation in this uncontested conditions; the next largest BOW levels is less than the pre-defined BOW.
hearing does not affect the right of a (‘‘Regime 2’’) is associated with market If the range is greater than the pre-
State, local government, or Indian Tribe defined BOW, the Variability Level
to participate in the separate contested 1 15
U.S.C. 78s(b)(1).
would be set to 1.2. Variability Levels
hearing process. 2 17
CFR 240.19b–4.
3 Securities Exchange Act Release No. 34–80895
Dated at Rockville, Maryland, this 20th day (June 9, 2017), 82 FR 27539 (June 15, 2017) (SR– 4 Notice, 82 FR at 27540.
of July, 2017. ICC–2017–006) (‘‘Notice’’). 5 Id.

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Document Created: 2017-07-27 02:07:24
Document Modified: 2017-07-27 02:07:24

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
Action		Combined license application; revised notice of hearing.
Dates		The hearing will be held on October 5, 2017, beginning at 9:00 a.m. Eastern Standard Time. For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section V of the SUPPLEMENTARY INFORMATION section of this document.
Contact		Denise McGovern, Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, telephone: (301) 415-0681; email: [email protected]
FR Citation		82 FR 34995