ML14294A821

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Referral Memorandum from the Secretary to the Atomic Safety and Licensing Board Panel Regarding Turkey Point Nuclear Generating Units 3 & 4 Petition to Intervene and Request for Hearing in Florida Power and Light'S Amendment Request
ML14294A821
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 10/21/2014
From: Annette Vietti-Cook
NRC/SECY
To: Hawkens E
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, License Amendment, RAS 26735
Download: ML14294A821 (18)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 21, 2014 MEMORANDUM TO:

FROM: Annette L. Vietti-Coo

SUBJECT:

TURKEY POINT NUCLEAR GENERATING, UNITS 3 & 4, PETITION TO INTERVENE AND REQUEST FOR HEARING REGARDING FLORIDA POWER AND LIGHT'S AMENDMENT REQUEST (DOCKET NO. 50-250-LA I 50-251-LA)

A Petition to Intervene and Request for a Hearing, submitted by Barry White on behalf of Citizens Allied for Safe Energy, Inc. (CASE) has been received by the Office of the Secretary.

This filing was initially submitted via e-mail on October 14, 2014, and subsequently via the Electronic Information Exchange on October 17, 2014. It was submitted in response to an August 14, 2014, Federal Register Notice (79 Fed. Reg. 47689) that provided "License amendment; issuance, opportunity to request a hearing, and petition for leave to intervene" related to Turkey Point Nuclear Generating, Units 3 & 4.

The request for hearing and its 13 exhibits are located in ADAMS and on the Electronic Hearing Docket under package accession number ML14290A509.

Also submitted via email on October 14, 2014, was CASE's Petition to Submit Filings and to Receive Information by Email, a copy of which is attached to this memorandum.

For informational purposes, copies of a series of e-mail communications between Mr. White and the Office of the Secretary are also attached.

The request for hearing is being referred to you for appropriate action in accordance with 10 C.F.R. § 2.346(i). This referral memorandum is being served on theE-Filing service list for the Turkey Point proceeding, Docket Nos. 50-250 and 50-251-LA.

Attachments: As stated.

cc: Commission Legal Assistants OCAA EDO OGC OCA OPA NRR

October 14, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY In the Matter )

)

FLORIDA POWER AND LIGHT )

) Docket Nos. 50-250

) and 50-251

)

NRC-2014-0176 )

)

Florida Power & Light Company; )

Turkey Point Nuclear Generating )

Units 3 and 4 )

Citizens Allied for Safe Energy. Inc. Petition To Submit Filings and To Receive Information By Email BACKGROUND Citizens Allied for Safe Energy, Inc. (CASE) wishes to file a motion in the subject matter. Currently, due to a technical change in the EIE system beginning on January 1, 2014 the EIE, is unable to accept information from CASE or to automatically forward responses and communications. Pursuant to NRC regulation 10 C. F. R. 2.302(g), CASE is requesting that it be allowed to submit NRC Judiciary filings by email and to be sent related information by email DISCUSSION At the beginning of2014 the EIE changed its system such that Apple Macintosh (MAC) Computers are no longer able to communicate with the EIE system. EIE staff says that they are working to resolve this issue but, for now, CASE is unable 1

to submit filings and receive information in the subject matter via the EIE system since CASE only has a MAC computer.

CONCLUSION CASE is hereby requesting that it be permitted to submit NRC Judiciary filings by email to hearing.docket@nrc.gov until the EIE system can accept filings from its computer and have information generated by the EIE system sent by email.

Respectfully submitted, Is/ Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc I CASE 10001 SW 129 Terrace Miami, FL 33176 305-251-1960 bwtamia@bellsouth.net October 14, 2014 2

Docket, Hearing From: Docket, Hearing Sent: Tuesday, October 14, 2014 1:16 PM To: Barry White

Subject:

Submtting pleadings to the NRC via e-mail Mr. White, Per U.S. Nuclear Regulatory Commission regulations, if you are unable to access the EIE in order to submit documents in an adjudicatory proceeding, you must submit a request for exemption of 10 CFR § 2.302(g) along with your initial petition in the proceeding.

10 CFR § 2.302(g)(4)- http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0302.html Please feel free to contact the Office of the Secretary should you have any comments or questions regarding the adjudicatory process.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 1

Docket, Hearing From: Barry White <bwtamia@bellsouth.net>

Sent: Tuesday, October 14, 2014 1:46 PM To: Docket, Hearing

Subject:

Re: Submtting pleadings to the NRC via e-mail Brian, thanks. Will do. I am going to send you my filing now to be sure that all comes over o.k. and that you can open all of it. Then I will prepare and send in the exemption request.

There will 4 emails. The petiion plus 3 with attachments.

Please look after the distribution to all other parties.

Thanks for your help. Barry ,

On Tuesday, October 14, 2014 1:16 PM, "Docket, Hearing" <Hearing. Docket@nrc.gov> wrote:

Mr. White, Per U.S. Nuclear Regulatory Commission regulations, if you are unable to access the EIE in order to submit documents in an adjudicatory proceeding, you must submit a request for exemption of 10 CFR § 2.302(g) along with your initial petition in the proceeding.

10 CFR § 2.302(g)(4)- http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0302.html Please feel free to contact the Office of the Secretary should you have any comments or questions regarding the adjudicatory process.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 1

Docket, Hearing From: Barry White <bwtamia@bellsouth.net>

Sent: Tuesday, October 14, 2014 1:57 PM To: Docket, Hearing

Subject:

PETITION TO INTERVENE RE: NRC-2014-0176 Attachments: New Draft NRC Oct 14 filing.pdf October 14, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY In the Matter FLORIDA POWER AND LIGHT

) Docket Nos. 50-250

) and 50-251

)

NRC-2014-0176

)

Florida Power & Light Company; Turkey Point Nuclear Generating )

Units 3 and 4 )

Citizens Allied for Safe Energy, Inc. Petition to Intervene and Request for a Hearing Please accept this email filing because the ADAMS/EIS system does not yet accept input from APPPLE Macintosh Computers.

We will send you three more emails with attachments. Please confrim that all documents arrive correctly and can be opened.

Thank you, Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc 10001 SW 129 Terrace Miami, FL 33176 305-251-1960 bwtamia@bellsouth.net October 14, 2014 1

Docket, Hearing From: Barry White <bwtamia@bellsouth.net>

Sent: Tuesday, October 14, 2014 2:02 PM To: Docket, Hearing

Subject:

ATTACHMENT EMAIL 3 0 3 FOR CASE FlUNG TODAY OCTOBER 14, 2014 NRC-2014-0176

  • Attachments: Exhibit 9- CASE Petition.pdf; Exhibit 10- CASE Member DECLARATION Oct 14 2014copy copy.pdf; Exhibit 11- CASE Member DECLARATION Oct 14 2014copy copy.pdf; Exhibit 12- CASE Member DECLARATION Oct 14 2014copy copy.pdf; Exhibit 13,- CASE Member DECLARATION Oct 14 2014copy copy.pdf October 14, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY In the Matter

)

)

FLORIDA POWER AND LIGHT )

Docket Nos. 50-250

) and 50-251

)

NRC-2014-0176

)

Florida Power & Light Company; Turkey Point Nuclear Generating )

Units 3 and 4 )

Citizens Allied for Safe Energy, Inc. Petition to Intervene and Request for a Hearing Thanks, Barry White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc 10001 SW 129 Terrace Miami, FL 33176 305-251-1960 bwtamia@bellsouth.net October 14, 2014 For NRC Judicial Hearing re: Turkey Point 3 & 4 NRC-2014-0176 CASE MIAMI 305-505-9011,305-251-1960 1

Docket, Hearing From: Barry White <bwtamia@bellsouth.net>

Sent: Tuesday, October 14, 2014 3:06 PM To: Docket, Hearing

Subject:

PETITION TO SUBMIT AND RECEIVE INFO BY EMAIL NRC-2014-0176 Attachments: CASE Motion to File Petitions By Email.pdf October 14, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY In the Matter

)

FLORIDA POWER AND LIGHT )

Docket Nos. 50-250

) and 50-251

) NRC-2014-0176 )

) Florida Power & Light Company; )

Turkey Point Nuclear Generating )

Units 3 and 4 )

Citizens Allied for Safe Energy, Inc. Petition To Submit Filings and To Receive Information By Email Petition Attached.

Thanks, Barry White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc 10001 SW 129 Terrace Miami, FL 33176 305-251-1960 bwtamia@bellsouth.net October 14, 2014 For NRC Judicial Hearing re: Turkey Point 3 & 4 NRC-2014-0176 CASE MIAMI 305-505-9011, 305-251-1960 1

Docket, Hearing From: Docket, Hearing Sent: Tuesday, October 14, 2014 5:07PM To: Barry White Cc: Herald Speiser

Subject:

RE: ATTACHMENTS NRC-2014-1076

Barry, This e-mail serves as notice that the Office of the Secretary is now in receipt of your petition to file documents via e-mail and your initial petition with Attachments 2 - 13.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 From: Barry White [1]

Sent: Tuesday, October 14, 2014 5:02PM To: Docket, Hearing

Subject:

ATTACHMENTS NRC-2014-1076 CASE MIAMI 1

Newell. Brian From: Newell, Brian Sent: Tuesday, October 14,2014 5:26PM To: 'Barry White'

Subject:

RE: CASE ATIACHMENT 1- NRC-2014-0176 TRY THIS Barry, Hopefully you see this while you're on the phone with the EIE Help Desk. See if there's anything they can do with your settings to get you to access the EIE via FireFox. Our EIE expert is saying it's possible for you to access it with a Mac through Firefox, but there might be some settings that the helpdesk can help you with to access it.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 From: Barry White [mailto:bwtamia@bellsouth.netJ Sent: Tuesday, October 14, 2014 5:22PM To: Newell, Brian

Subject:

Re: CASE ATTACHMENT 1- NRC-2014-0176 TRY THIS So, anyone with a laptop or Ipad that will take 10.6 MB?

I sent the other attachments, 2 to 8, to hearing.docket@nrc.gov Thanks, B.

On Tuesday, October 14, 2014 5:1~ PM, "Newell, Brian" <Brian.Newell@nrc.gov> wrote:

Barry, Unfortunately the PowerPoint presentation is not coming up via the link you provided. I'm getting the following page instead:

1

att.net

~at&t 24/JSoutheastenrCOnfereriC:iu~cwe******

tooo event$incfudine;4stootbalt!P*n.s:

~~c,::,r..::=.x;~~~*****.*

What is the title of the presentation? I can check to see if I can find it online or via another resource. Until then, I would suggest you burn a copy of the presentation to a CD and mail it in to us via U.S. Postal Service.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: {301) 415-4659 From: Barry White [2]

Sent: Tuesday, October 14, 2014 5:06PM To: Newell, Brian

Subject:

CASE ATTACHMENT 1 - NRC-2014-0176 TRY THIS https://us-mg205. mail.yahoo.com/neo/launch?. partner=sbc&. rand=dlh 15j5dhhtoh#mail 2

Newell, Brian From: Newell, Brian Sent: Tuesday, October 14, 2014 6:58 PM To: Barry White

Subject:

NRC Digital Certificate

Barry, A gentleman by the name of Don Frye will be giving you a call tomorrow (Wednesday, October 15th) to assist you with getting your digital certificate installed on your computer. He is our guru that is sawy in all ways Apple and has successfully gotten Mac users up and running with the EIE before. I told him to call you at 10AM. I'll check in with you when I get in to see if he was able to assist you with your digital certificate.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 1

Docket, Hearing From: Docket, Hearing Sent: Wednesday, October 15, 2014 2:45 PM To: Barry White Cc: Herald Speiser

Subject:

Turkey Point LA Petition - EIE Status Attachments: Exhibit 2- Turkey PointUnits3&4UpratecommentsNPSFNL-2.pdf; EXhibit 3 Turkey PointUnits3&4UpratecommentsNPSFNL-2.pdf

Barry, Has there been any progress with getting your digital certificate installed on your Mac? Was Don Frye able to call you and help you?

Also, after reviewing your attachments, it appears that Attachment 2 and Attachment 3 are the same document (attached). Is there another document you intended to file for Exhibit 3? Your Petition mentions an August 6, 2008 Letter from the Florida Fish and Wildlife Conservation Commission as Exhibit 3.

Feel free to contact me should you have any further comments or questions.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 1

Newell, Brian From: Barry J White <bwtamia@bellsouth.net>

Sent: Wednesday, October 15, 2014 3:00 PM To: Newell, Brian

Subject:

Re: Turkey Point LA Petition- EIE Status Brian, Spoke to him. Use of Mac in anyway to access EIE will not happen until December. I'm going to see if we can post it on the CASE website. Also, will try to get to a PC tomorrow and have Don and you help me. Will contact you later when I get home On the attachments. Thanks, B.

Sent from my iPhone On Oct 15,2014, at 2:44PM, "Docket, Hearing" <Hearing.Docket@nrc.gov> wrote:

Barry, Has there been any progress with getting your digital certificate installed on your Mac? Was Don Frye able to call you and help you?

Also, after reviewing your attachments, it appears that Attachment 2 and Attachment 3 are the same document (attached). Is there another document you intended to file for Exhibit 3? Your Petition mentions an August 6, 2008 Letter from the Florida Fish and Wildlife Conservation Commission as Exhibit 3.

Feel free to contact me should you have any further comments or questions.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659

<Exhibit 2 - Turkey PointUnits3&4UpratecornmentsNPSFNL-2.pd:f.>

<EXhibit 3 Turkey PointUnits3&4UpratecornmentsNPSFNL-2.pd:f.>

1

Newell, Brian From: Newell, Brian Sent: Wednesday, October 15, 2014 3:03 PM To: 'Barry J White' Subject RE: Turkey Point LA Petition - EIE Status

Barry, Sorry for the run-around. I was told Mac use was feasible and that Don knew the magic spells to make it work. Feel free to contact me at your convenience to discuss the attachments.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659 From: Barry J White [mailto:bwtamia@bellsouth.netl sent: Wednesday, October 15, 2014 3:00PM To: Newell, Brian

Subject:

Re: Turkey Point LA Petition - EIE Status Brian, Spoke to him. Use of Mac in anyway to access EIE will not happen until December. 11m going to see if we can post it on the CASE website. Also, will try to get to a PC tomorrow and have Don and you help me. Will contact you later when I get home On the attachments. Thanks, B.

Sent from my iPhone On Oct 15, 2014, at 2:44PM, "Docket, Hearing" <Hearing.Docket@nrc.gov> wrote:

Barry, Has there been any progress with getting your digital certificate installed on your Mac? Was Don Frye able to call you and help you?

Also, after reviewing your attachments, it appears that Attachment 2 and Attachment 3 are the same document (attached). Is there another document you intended to file for Exhibit 3? Your Petition mentions an August 6, ~008 Letter from the Florida Fish and Wildlife Conservation Commission as Exhibit 3.

Feel free to contact me should you have any further comments or questions.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659

<Exhibit 2 - Turkey PointUnits3&4UpratecommentsNPSFNL-2.pdf.>

1

Newell, Brian From: Newell, Brian Sent: Thursday, October 16, 2014 1:59 PM To: 'Barry J White'

Subject:

RE: EIE Install

Barry, Waiting to hear back from Don regarding your digital certificate. Hopefully he'll be able to get you sorted out and you'll be able to file through the EIE tomorrow.

Regarding your exhibits, do you have a copy of Exhibit 3, the August 6, 2006 letter from the Florida Fish and Wildlife Conservation Commission? The document you sent as exhibit 3 on Tuesday was actually a duplicate of Exhibit 2.

Thanks.

Brian Newell Rulemakings and Adjudications Staff Office of the Secretary U.S. Nuclear Regulatory Commission Phone: (301) 415-4659


Original Message-----

From: Barry J White [3]

Sent: Thursday, October 16, 2014 8:07AM To: Newell, Brian

Subject:

EIE Install Brian, please see if Don Frye will be available tomorrow, Friday, morning about 10:30 to help me access the EIE. Thanks, Barry Sent from my iPhone 1

Docket, Hearing From: Barry White <bwtamia@bellsouth.net>

Sent: Thursday, October 16, 2014 5:46 PM To: Newell, Brian

Subject:

Fw: NPS comments on the UpRate for 3 &4 EA Attachments: Turkey Point_1241_uprate letter.pdf EXIBIT 3 On Friday, October 10, 2014 4:49PM, "Bellmund, Sarah" <sarah bellmund@nps.gov> wrote:

Letters related to your questions as you requested.

Sarah Sarah Bellmund Ecologist Biscayne National Park 9700 SW 328th St Homestead, FL 33033

0. (786) 335-3624
f. (305) 230-1144 1

Speiser, Herald From: Barry J White <bwtamia@bellsouth.net>

Sent: Monday, October 20, 2014 5:08 PM To: Docket, Hearing

Subject:

Re: Turkey Point Request for Hearing Mr. Speiser, thank you for your email and your assistance. I will resubmit Exhibit 4 but it might not be for days since I have to go the a university across town to do so.

Stay tuned.

Barry Sent from my iPhone On Oct 20, 2014, at 4:14PM, "Docket, Hearing" <Hearing.Docket@nrc.gov> wrote:

Mr. White:

You've been working with my colleague, Brian Newell, on getting CASE's Request for Hearing submitted and I wanted to let you know that I have now been assigned as the case manager for this proceeding.

I am aware that you originally submitted the request and associated exhibits 2 through 13 via email, but could not email exhibit 1 due to email size constraints, and that you subsequently re-filed these documents via EIE. In a review of the documents submitted via EIE on Friday, October 1th, it appears that exhibit 4 was omitted. We did receive the request and exhibits 1-3 and 5-13. At your earliest opportunity, please submit exhibit 4 via EIE.

I look forward to working with you. Please let me know if I may be. of assistance.

Thank you.

Herald Speiser Herald M. Speiser Rufemakings and Adjudications Staff Office of the Secretary Nuclear Regulatory Commission (301} 415-1675 1