Atomic Safety and Licensing Board; In the Matter of Florida Power & Light Company (Turkey Point Nuclear Generating, Units 3 and 4), 76324-76325 [2015-30885]

Download as PDF 76324 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 27th day of November 2015. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2015–30680 Filed 12–7–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–250–LA and 50–251–LA ASLBP No. 15–935–02–LA–BD01] Atomic Safety and Licensing Board; In the Matter of Florida Power & Light Company (Turkey Point Nuclear Generating, Units 3 and 4) December 2, 2015. Before Administrative Judges: Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager Notice of Hearing The Atomic Safety and Licensing Board hereby gives notice that it will convene an evidentiary hearing on January 11, 2016, to receive testimony and exhibits regarding license amendments issued to Florida Power & Light Company (FPL) that increase the temperature limit for the cooling canals at Turkey Point Nuclear Generating Units 3 and 4, located near Homestead, Florida.1 The hearing will begin at 9:30 a.m. EST on January 11, 2016, at the Hampton Inn & Suites in Miami South/ Homestead, and continue from day-today until completed. The Board also hereby gives notice that it will accept written limited appearance statements from members of the public regarding the license amendment. Lhorne on DSK9F6TC42PROD with NOTICES I. Background This proceeding concerns the cooling canal system (CCS) at Turkey Point Units 3 and 4, which provides a heat sink for the plant’s safety systems.2 In the CCS, heated water discharged from the plant flows over a 13-mile loop before returning to the plant for recirculation for cooling purposes.3 The technical specifications set during the 2002 license renewal establish a water 1 See License Amendment; Issuance, Opportunity to Request a Hearing, and Petition for Leave to Intervene, 79 FR. 47,689, 47,690 (Aug. 14, 2014); Environmental Assessment and Final Finding of No Significant Impact, Issuance, 79 FR. 44,464, 44,466 (July 31, 2014). 2 79 FR 44,466. 3 Id. VerDate Sep<11>2014 14:17 Dec 07, 2015 Jkt 238001 temperature limit of 100 degrees Fahrenheit, as measured at the point of intake back into the plant.4 Should FPL exceed the temperature limit, Units 3 and 4 would be required to undergo a dual unit shutdown.5 The cooling canals approached the water temperature limit in July 2014, leading FPL to request license amendments to raise the limit to 104 degrees Fahrenheit.6 The Nuclear Regulatory Commission (NRC) granted the license amendments on August 8, 2014, and published a notice in the Federal Register informing the public of the opportunity to request a hearing concerning the license amendments.7 In response, Citizens Allied for Safe Energy, Inc. (CASE), filed a petition to intervene and proffered four contentions challenging the license amendments.8 This Board was established on October 21, 2014, to preside over this proceeding,9 and heard oral argument regarding the admissibility of CASE’s four proffered contentions on January 14, 2015, in Homestead, Florida.10 On March 23, 2015, the Board granted CASE’s hearing request and admitted one of its four proffered contentions.11 The admitted contention states: The NRC’s environmental assessment, in support of its finding of no significant impact related to the 2014 Turkey Point Units 3 and 4 license amendments, does not adequately address the impact of increased temperature and salinity in the CCS on saltwater intrusion arising from (1) migration out of the CCS; and (2) the withdrawal of fresh water from surrounding aquifers to mitigate conditions within the CCS.12 After admitting this contention, the Board ruled that the procedures of Subpart L will be used for this proceeding.13 The parties to this 4 Id. 5 Id. 6 Id. at 44,465; see Letter from Michael Kiley, Vice President, FPL, to NRC, License Amendment Request No. 231, Application to Revise Technical Specifications to Revise Ultimate Heat Sink Temperature Limit (July 10, 2014) (ADAMS Accession No. ML14196A006). 7 79 FR 44,466; see Letter from Audrey Klett, Project Manager, NRC to Mano Nazar, President and Chief Nuclear Officer, NextEra Energy, Turkey Point Nuclear Generating Units Nos. 3 and 4—Issuance of Amendments under Exigent Circumstances Regarding Ultimate Heat Sink and Component Cooling Water Technical Specifications (Aug. 8, 2014) (ADAMS Accession No. ML14199A107). 8 See Citizens Allied for Safe Energy, Inc. Petition to Intervene and Request for a Hearing (Oct. 14, 2014). 9 Florida Power & Light Company: Establishment of Atomic Safety and Licensing Board, 79 FR 64,840, 64,840 (Oct. 31, 2014). 10 Tr. at 1–210. 11 LBP–15–13, 81 NRC 456, 476 (2015). 12 Id. 13 See Licensing Board Initial Scheduling Order (May 8, 2015) at 2 (unpublished). PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 proceeding (CASE, FPL, and the NRC Staff) have filed written testimony and exhibits on the merits of this admitted contention, which will be the sole matter under consideration at the evidentiary hearing. II. Hearing Date, Time, and Location The evidentiary hearing will commence on Monday, January 11, 2016, at 9:30 a.m. EST and continue through Tuesday, January 12, 2016, at 5:00 p.m. EST, unless the Board concludes the hearing earlier. The evidentiary hearing will take place at the: Hampton Inn & Suites—Miami South/Homestead, 2855 NE 9th Street, Homestead, Florida 33033. Members of the public and the media are welcome to attend and observe the evidentiary hearing, which will involve technical, scientific, and legal questions and testimony. Participation in the hearing, however, will be limited to the parties, their representatives, and their witnesses. Please be aware that security measures will be employed at the entrance to the hearing location, including searches of hand-carried items such as briefcases, backpacks, or purses. In accordance with NRC policy, no signs, banners, posters, or other displays will be permitted inside the hearing room.14 The rules and policies regarding the possession of weapons in United States Courthouses and United States Federal Buildings in the State of Florida shall apply to all proceedings conducted in Florida by the Atomic Safety and Licensing Board of the U.S. Nuclear Regulatory Commission.15 No firearms or other weapons are allowed in the hearing room. This policy does not apply to federal, state, or local law enforcement personnel while in the performance of their official duties. III. 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 limited appearance statement, setting forth a position on matters of concern related to this proceeding. Although these statements are not considered testimony or evidence, and are not made under oath, they nonetheless may assist the Board or the parties in considering the issues in this proceeding.16 Anyone who submits a limited appearance statement, however, should be aware that the jurisdiction of 14 See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001). 15 See 18 U.S.C. § 930. 16 10 CFR 2.315(a). E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices this Board and the scope of this proceeding are limited solely to the license amendments described above, and, more particularly, to the specific issues described in the admitted contention. Written limited appearance statements must be submitted by January 15, 2016, and should be sent by mail, fax, or email to both the Office of the Secretary and the Chairman of this Licensing Board: Office of the Secretary IV. Document Availability Lhorne on DSK9F6TC42PROD with NOTICES Documents relating to this proceeding are available for public inspection, physically at the NRC’s Public Document Room or electronically from the publicly available records component of NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room reference staff by telephone at (800) 397–4209 or (301) 415–4737, or by email to pdr@nrc.gov. Reference staff are available Monday through Friday between 8:00 a.m. and 4:00 p.m. ET, except federal holidays. It is so ordered. [FR Doc. 2015–30885 Filed 12–7–15; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 14:17 Dec 07, 2015 Jkt 238001 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment request is for Duane Arnold Energy Center. The NRC proposes to determine that the amendment request involves no significant hazards consideration. In addition, the amendment request contains sensitive unclassified nonsafeguards information (SUNSI). DATES: Comments must be filed by January 7, 2016. A request for a hearing must be filed by February 8, 2016. Any potential party as defined in § 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by December 18, 2015. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0260. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. SUMMARY: Mail: Administrative Judge Michael M. Gibson, Chairman, c/o Nicole Pepperl & Jennifer Scro, Board Law Clerks, Mail Stop T–3F23, U.S. Nuclear Regulatory Commission Washington, DC 20555–0001. Fax: (301) 415–5599 (verification (301) 415–4128). Email: Nicole.Pepperl@nrc.gov & Jennifer.Scro@nrc.gov. Dated: December 2, 2015. Michael M. Gibson, Chairman, Administrative Judge. [NRC–2015–0260] Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order. Chairman of the Licensing Board For the Atomic Safety and Licensing Board. FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY COMMISSION AGENCY: 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: hearingdocket@nrc.gov. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 76325 Mable Henderson, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3760, email: Mable.Henderson@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2015– 0260 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0260. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://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 pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. • 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. B. Submitting Comments Please include Docket ID NRC–2015– 0260, facility name, unit number(s), application date, and subject in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at https:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76324-76325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30885]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250-LA and 50-251-LA ASLBP No. 15-935-02-LA-BD01]


Atomic Safety and Licensing Board; In the Matter of Florida Power 
& Light Company (Turkey Point Nuclear Generating, Units 3 and 4)

December 2, 2015.
Before Administrative Judges:
    Michael M. Gibson, Chairman
    Dr. Michael F. Kennedy
    Dr. William W. Sager

Notice of Hearing

    The Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary hearing on January 11, 2016, to receive 
testimony and exhibits regarding license amendments issued to Florida 
Power & Light Company (FPL) that increase the temperature limit for the 
cooling canals at Turkey Point Nuclear Generating Units 3 and 4, 
located near Homestead, Florida.\1\ The hearing will begin at 9:30 a.m. 
EST on January 11, 2016, at the Hampton Inn & Suites in Miami South/
Homestead, and continue from day-to-day until completed. The Board also 
hereby gives notice that it will accept written limited appearance 
statements from members of the public regarding the license amendment.
---------------------------------------------------------------------------

    \1\ See License Amendment; Issuance, Opportunity to Request a 
Hearing, and Petition for Leave to Intervene, 79 FR. 47,689, 47,690 
(Aug. 14, 2014); Environmental Assessment and Final Finding of No 
Significant Impact, Issuance, 79 FR. 44,464, 44,466 (July 31, 2014).
---------------------------------------------------------------------------

I. Background

    This proceeding concerns the cooling canal system (CCS) at Turkey 
Point Units 3 and 4, which provides a heat sink for the plant's safety 
systems.\2\ In the CCS, heated water discharged from the plant flows 
over a 13-mile loop before returning to the plant for recirculation for 
cooling purposes.\3\ The technical specifications set during the 2002 
license renewal establish a water temperature limit of 100 degrees 
Fahrenheit, as measured at the point of intake back into the plant.\4\ 
Should FPL exceed the temperature limit, Units 3 and 4 would be 
required to undergo a dual unit shutdown.\5\
---------------------------------------------------------------------------

    \2\ 79 FR 44,466.
    \3\ Id.
    \4\ Id.
    \5\ Id.
---------------------------------------------------------------------------

    The cooling canals approached the water temperature limit in July 
2014, leading FPL to request license amendments to raise the limit to 
104 degrees Fahrenheit.\6\ The Nuclear Regulatory Commission (NRC) 
granted the license amendments on August 8, 2014, and published a 
notice in the Federal Register informing the public of the opportunity 
to request a hearing concerning the license amendments.\7\ In response, 
Citizens Allied for Safe Energy, Inc. (CASE), filed a petition to 
intervene and proffered four contentions challenging the license 
amendments.\8\ This Board was established on October 21, 2014, to 
preside over this proceeding,\9\ and heard oral argument regarding the 
admissibility of CASE's four proffered contentions on January 14, 2015, 
in Homestead, Florida.\10\
---------------------------------------------------------------------------

    \6\ Id. at 44,465; see Letter from Michael Kiley, Vice 
President, FPL, to NRC, License Amendment Request No. 231, 
Application to Revise Technical Specifications to Revise Ultimate 
Heat Sink Temperature Limit (July 10, 2014) (ADAMS Accession No. 
ML14196A006).
    \7\ 79 FR 44,466; see Letter from Audrey Klett, Project Manager, 
NRC to Mano Nazar, President and Chief Nuclear Officer, NextEra 
Energy, Turkey Point Nuclear Generating Units Nos. 3 and 4--Issuance 
of Amendments under Exigent Circumstances Regarding Ultimate Heat 
Sink and Component Cooling Water Technical Specifications (Aug. 8, 
2014) (ADAMS Accession No. ML14199A107).
    \8\ See Citizens Allied for Safe Energy, Inc. Petition to 
Intervene and Request for a Hearing (Oct. 14, 2014).
    \9\ Florida Power & Light Company: Establishment of Atomic 
Safety and Licensing Board, 79 FR 64,840, 64,840 (Oct. 31, 2014).
    \10\ Tr. at 1-210.
---------------------------------------------------------------------------

    On March 23, 2015, the Board granted CASE's hearing request and 
admitted one of its four proffered contentions.\11\ The admitted 
contention states:
---------------------------------------------------------------------------

    \11\ LBP-15-13, 81 NRC 456, 476 (2015).

    The NRC's environmental assessment, in support of its finding of 
no significant impact related to the 2014 Turkey Point Units 3 and 4 
license amendments, does not adequately address the impact of 
increased temperature and salinity in the CCS on saltwater intrusion 
arising from (1) migration out of the CCS; and (2) the withdrawal of 
fresh water from surrounding aquifers to mitigate conditions within 
the CCS.\12\
---------------------------------------------------------------------------

    \12\ Id.

    After admitting this contention, the Board ruled that the 
procedures of Subpart L will be used for this proceeding.\13\ The 
parties to this proceeding (CASE, FPL, and the NRC Staff) have filed 
written testimony and exhibits on the merits of this admitted 
contention, which will be the sole matter under consideration at the 
evidentiary hearing.
---------------------------------------------------------------------------

    \13\ See Licensing Board Initial Scheduling Order (May 8, 2015) 
at 2 (unpublished).
---------------------------------------------------------------------------

II. Hearing Date, Time, and Location

    The evidentiary hearing will commence on Monday, January 11, 2016, 
at 9:30 a.m. EST and continue through Tuesday, January 12, 2016, at 
5:00 p.m. EST, unless the Board concludes the hearing earlier. The 
evidentiary hearing will take place at the: Hampton Inn & Suites--Miami 
South/Homestead, 2855 NE 9th Street, Homestead, Florida 33033.
    Members of the public and the media are welcome to attend and 
observe the evidentiary hearing, which will involve technical, 
scientific, and legal questions and testimony. Participation in the 
hearing, however, will be limited to the parties, their 
representatives, and their witnesses. Please be aware that security 
measures will be employed at the entrance to the hearing location, 
including searches of hand-carried items such as briefcases, backpacks, 
or purses. In accordance with NRC policy, no signs, banners, posters, 
or other displays will be permitted inside the hearing room.\14\ The 
rules and policies regarding the possession of weapons in United States 
Courthouses and United States Federal Buildings in the State of Florida 
shall apply to all proceedings conducted in Florida by the Atomic 
Safety and Licensing Board of the U.S. Nuclear Regulatory 
Commission.\15\ No firearms or other weapons are allowed in the hearing 
room. This policy does not apply to federal, state, or local law 
enforcement personnel while in the performance of their official 
duties.
---------------------------------------------------------------------------

    \14\ See Procedures for Providing Security Support for NRC 
Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001).
    \15\ See 18 U.S.C. Sec.  930.
---------------------------------------------------------------------------

III. 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 limited appearance statement, setting forth a 
position on matters of concern related to this proceeding.
    Although these statements are not considered testimony or evidence, 
and are not made under oath, they nonetheless may assist the Board or 
the parties in considering the issues in this proceeding.\16\ Anyone 
who submits a limited appearance statement, however, should be aware 
that the jurisdiction of

[[Page 76325]]

this Board and the scope of this proceeding are limited solely to the 
license amendments described above, and, more particularly, to the 
specific issues described in the admitted contention.
---------------------------------------------------------------------------

    \16\ 10 CFR 2.315(a).
---------------------------------------------------------------------------

    Written limited appearance statements must be submitted by January 
15, 2016, and should be sent by mail, fax, or email to both the Office 
of the Secretary and 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: hearingdocket@nrc.gov.

Chairman of the Licensing Board

    Mail: Administrative Judge Michael M. Gibson, Chairman, c/o Nicole 
Pepperl & Jennifer Scro, Board Law Clerks, Mail Stop T-3F23, U.S. 
Nuclear Regulatory Commission Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-4128).
    Email: Nicole.Pepperl@nrc.gov & Jennifer.Scro@nrc.gov.

IV. Document Availability

    Documents relating to this proceeding are available for public 
inspection, physically at the NRC's Public Document Room or 
electronically from the publicly available records component of NRC's 
document system (ADAMS). ADAMS is accessible from the NRC Web site at 
www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS may contact the NRC Public Document Room reference staff by 
telephone at (800) 397-4209 or (301) 415-4737, or by email to 
pdr@nrc.gov. Reference staff are available Monday through Friday 
between 8:00 a.m. and 4:00 p.m. ET, except federal holidays.
    It is so ordered.

    For the Atomic Safety and Licensing Board.

    Dated: December 2, 2015.
Michael M. Gibson,
Chairman, Administrative Judge.
[FR Doc. 2015-30885 Filed 12-7-15; 8:45 am]
 BILLING CODE 7590-01-P
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