82 FR 47044 - Florida Power and Light Company; Turkey Point, Units 6 and 7

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range		47044-47045
FR Document		2017-21698

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 194 (Tuesday, October 10, 2017)

[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 47044-47045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21698]


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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 December 12, 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.

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, 
and later, for October 5, 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) and 82 FR 34,995 (Jul. 27, 
2017).
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II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m. 
Eastern Standard Time on December 12, 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

[[Page 47045]]

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 November 7, 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 November 7, 2017, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The NRC staff submitted its testimony on December 2, 2016.
    The Commission issued written questions on September 1, 2017. 
Responses to these questions are due on November 7, 2017, unless the 
Commission directs otherwise.

VI. Interested Government Participants

    No later than November 6, 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 request, prior to November 8, 
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 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 34,777). 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 3rd day of October, 2017.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2017-21698 Filed 10-6-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices 47045

Commission’s regulations have been supporting documentation that the review that do fall within the scope of
met; (2) any required notifications to State, local government body, or Indian the uncontested proceeding (i.e., issues
other agencies or bodies have been duly Tribe sees fit to provide. Any statements that are not within the scope of
made; (3) there is reasonable assurance and supporting documentation (if any) admitted contentions or pending
that the facility will be constructed and received by the Commission using the contested issues), they should be aware
will operate in conformity with the agency’s E-filing system 2 by the that many of the procedures and rights
license, the provisions of the Act, and deadline indicated above will be made applicable to the NRC’s contested
the Commission’s regulations; (4) the part of the record of the proceeding. The hearing process due to the inherently
applicant is technically and financially Commission will use such statements adversarial nature of such proceedings
qualified to engage in the activities and documents as appropriate to inform are not available with respect to this
authorized; and (5) issuance of the its pre-hearing questions to the NRC uncontested hearing. Participation in
license will not be inimical to the staff and applicant, its inquiries at the the NRC’s contested hearing process is
common defense and security or the oral hearing and its decision following governed by 10 CFR 2.309 (for persons
health and safety of the public. the hearing. The Commission may also or entities, including States, local
request, prior to November 8, 2017, that governments, or Indian Tribes, seeking
Issues Pursuant to the National one or more particular States, local to file contentions of their own) and 10
Environmental Policy Act (NEPA) of government bodies, or Indian Tribes CFR 2.315(c) (for interested States, local
1969, as Amended send one representative each to the governments, and Indian Tribes seeking
The Commission will (1) determine evidentiary hearing to answer to participate with respect to
whether the requirements of Sections Commission questions and/or make a contentions filed by others).
102(2)(A), (C), and (E) of NEPA and the statement for the purpose of assisting Participation in this uncontested
applicable regulations in 10 CFR part 51 the Commission’s exploration of one or hearing does not affect the right of a
have been met; (2) independently more of the issues raised by the State, State, local government, or Indian Tribe
consider the final balance among local government body, or Indian Tribe to participate in the separate contested
conflicting factors contained in the in the pre-hearing filings described hearing process.
record of the proceeding with a view to above. The decision whether to request Dated at Rockville, Maryland, this 3rd day
determining the appropriate action to be the presence of a representative of a of October, 2017.
taken; (3) determine, after weighing the State, local government body, or Indian For the Nuclear Regulatory Commission.
environmental, economic, technical, Tribe at the evidentiary hearing to make
Annette L. Vietti-Cook,
and other benefits against a statement and/or answer Commission
Secretary of the Commission.
environmental and other costs, and questions is solely at the Commission’s
discretion. The Commission’s request [FR Doc. 2017–21698 Filed 10–6–17; 8:45 am]
considering reasonable alternatives,
whether the combined licenses should will specify the issue or issues that the BILLING CODE 7590–01–P

be issued, denied, or appropriately representative should be prepared to
conditioned to protect environmental address.
States, local governments, or Indian NUCLEAR REGULATORY
values; and (4) determine whether the
Tribes should be aware that this COMMISSION
NEPA review conducted by the NRC
staff has been adequate. evidentiary hearing is separate and
Advisory Committee on Reactor
distinct from the NRC’s contested
V. Schedule for Submittal of Pre-filed Safeguards (ACRS) Meeting of the
hearing process. Issues within the scope
Documents ACRS Subcommittee on Regulatory
of contentions that have been admitted
Policies and Practices; Notice of
No later than November 7, 2017, or contested issues pending before the
Meeting
unless the Commission directs Atomic Safety and Licensing Board or
otherwise, the NRC staff and the the Commission in a contested The ACRS Subcommittee on
applicant shall submit a list of its proceeding for a COL application are Regulatory Policies and Practices will
anticipated witnesses for the hearing. outside the scope of the uncontested hold a meeting on October 18, 2017, at
No later than November 7, 2017, proceeding for that COL application. In 11545 Rockville Pike, Room T–2B1,
unless the Commission directs addition, although States, local Rockville, Maryland 20852.
otherwise, the applicant shall submit its governments, or Indian Tribes The meeting will be open to public
pre-filed written testimony. The NRC participating as described above may attendance.
staff submitted its testimony on take any position they wish, or no The agenda for the subject meeting
December 2, 2016. position at all, with respect to issues shall be as follows:
The Commission issued written regarding the COL application or the Wednesday, October 18, 2017–8:30 a.m.
questions on September 1, 2017. NRC staff’s associated environmental until 12:00 p.m.
Responses to these questions are due on
November 7, 2017, unless the 2 The process for accessing and using the agency’s The Subcommittee will discuss the
Commission directs otherwise. E-filing system is described in the June 18, 2010, State-Of-the-Art Reactor Consequence
notice of hearing that was issued by the Analysis (SOARCA) Project, Sequoyah
VI. Interested Government Participants Commission for this proceeding. See Florida Power
Integrated Deterministic and
and Light Company; Combined License Application
No later than November 6, 2017, any for the Turkey Point Units 6 and 7; Notice of Uncertainty Analyses. The
interested State, local government body, Hearing, Opportunity To Petition for Leave To Subcommittee will hear presentations
or affected, Federally recognized Indian Intervene and Associated Order Imposing by and hold discussions with the NRC
sradovich on DSK3GMQ082PROD with NOTICES

Procedures for Access to Sensitive Unclassified
Tribe may file with the Commission a Non-Safeguards Information and Safeguards
staff and other interested persons
statement of any issues or questions to Information for Contention Preparation (75 FR regarding this matter. The
which the State, local government body, 34,777). Participants who are unable to use the Subcommittee will gather information,
or Indian Tribe wishes the Commission electronic information exchange (EIE), or who will analyze relevant issues and facts, and
have difficulty complying with EIE requirements in
to give particular attention as part of the the time frame provided for submission of written
formulate proposed positions and
uncontested hearing process. Such statements, may provide their statements by actions, as appropriate, for deliberation
statement may be accompanied by any electronic mail to hearingdocket@nrc.gov. by the Full Committee.

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Document Created: 2017-10-07 10:31:55
Document Modified: 2017-10-07 10:31:55

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 December 12, 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 47044