Text

FPL Statement of Material Facts on Which No Genuine Dispute Exists
	ML15337A423
Person / Time
Site:	Turkey Point
Issue date:	12/03/2015
From:	Hamrick S; Florida Power & Light Co
To:	; Atomic Safety and Licensing Board Panel
	SECY RAS
Shared Package
ML15337A421	List: ML15337A422; ML15337A423;
References
	50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28610
	Download: ML15337A423 (4)
	v • d • e

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-250-LA Florida Power & Light Company ) 50-251-LA

)

(Turkey Point Units 3 and 4) ) ASLBP No. 15-935-02-LA-BD01 STATEMENT OF MATERIAL FACTS ON WHICH NO GENUINE DISPUTE EXISTS Florida Power & Light Company (FPL) submits, in support of its motion for summary disposition of CASE Contention 1, this statement of material facts as to which FPL contends there is no genuine issue to be heard.

A. The Ultimate Heat Sink Temperature License Amendment

1. On July 10, 2014 FPL sought a license amendment to amend the Technical Specifications for Turkey Point. The amendment would increase the ultimate heat sink temperature limit from 100º to 104ºF. FPL Testimony at A94; NRC Staff Testimony at A3a, A33.

2. In addition to its safety evaluation, the NRC Staff prepared a Biological Assessment and an Environmental Assessment. FPL Testimony at A106, A119; NRC Staff Testimony at A33.

3. The NRCs Environmental Assessment concluded with a formal Finding of No Significant Impact for the license amendment. FPL Testimony at A18, A109-A110; NRC Staff Testimony at A3a; A41.

4. The NRCs Environmental Assessment noted that temperature increases associated with the amendment would increase water evaporation rates and result in higher

salinity levels in the cooling canal system, but that this effect would be temporary and short in duration because salinity would again decrease upon natural freshwater recharge of the system, and concluded that the ultimate heat sink license amendment would not have a significant impact on groundwater resources and aquatic resources.

NRC Testimony at A40; FPL Testimony at A108; Exhibit NRC-009.

5. The NRC issued the license amendment on August 8, 2014. NRC Staff Testimony at A33; see also FPL Testimony at A94.

B. Environmental Impacts of the Ultimate Heat Sink License Amendment

6. The ultimate heat sink license amendment has not resulted in a significant increase in temperature in the Cooling Canal System (CCS). FPL Testimony at A99, A103-104; NRC Staff Testimony at A60.

7. The ultimate heat sink license amendment has not resulted in a significant increase in salinity in the CCS. FPL Testimony at A98, A109; NRC Staff Testimony at A61.

8. The ultimate heat sink license amendment has not resulted in a noticeable effect in the surrounding aquifers. FPL Testimony at A98, A109; NRC Testimony at A63-64.

9. The ultimate heat sink license amendment will not cause FPL to withdraw additional water from local sources. FPL Testimony at A96; NRC Testimony at A82-83.

C. Environmental Impacts of Upper Floridan Aquifer Withdrawals

10. FPL has withdrawn water from the Upper Floridan Aquifer to mitigate conditions in the CCS. FPL Testimony at A27; NRC Staff Testimony at A50.

11. The Florida Department of Environmental Protection has issued an Administrative Order requiring FPL to develop a salinity management plan to reduce salinity in the 2

CCS to 34 psu (approximately that of seawater) within 4 years. FPL Testimony at A59-A60; NRC Staff Testimony at A51, A69.

12. FPL plans to comply with the Administrative Order by constructing and operating new wells in the Upper Floridan Aquifer to add up to 14 million gallons per day of water into the CCS. FPL Testimony at A63, A72; NRC Staff Testimony at A92.

13. The Upper Floridan Aquifer contains brackish water in the vicinity of Turkey Point.

FPL Testimony at A32; NRC Staff Testimony at A21.

14. The Floridan Aquifer is separated from the Biscayne Aquifer and there is little if any interaction between the two. FPL Testimony at A32, A82; NRC Staff Testimony at A70.

15. FPLs withdrawal of water from the Floridan Aquifer will not result in an increase in saltwater intrusion. FPL Testimony at A81-82; NRC Staff Testimony at A70.

D. Environmental Impacts of Biscayne Aquifer Withdrawals

16. FPL has withdrawn water from the Biscayne Aquifer for CCS mitigation, using wells drilled on the Turkey Point peninsula. FPL Testimony at A27; NRC Staff Testimony at A50.

17. The Biscayne Aquifer contains saltwater in the vicinity of Turkey Point. FPL Testimony at A35; NRC Staff Testimony at A18.

18. Saltwater has been documented in the Biscayne Aquifer well inland of Turkey Point since before the construction of the CCs. FPL Testimony at A34; see also NRC Staff Testimony at A17.

19. FPLs withdrawal of water from the Biscayne Aquifer will not result in an increase in saltwater intrusion. FPL Testimony at A79; NRC Staff Testimony at A68.

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E. Environmental Impacts of L-31 E Canal Withdrawals

20. FPL has directed excess storm water from the L-31 E canal to the CCS for CCS mitigation. FPL Testimony at A27.

21. The water FPL has utilized from the L-31 E canal would be discharged to the ocean if it were not diverted to the CCS. FPL Testimony at A83, A87-A88, A91; NRC Staff Testimony at A72.

22. FPLs withdrawal of water from the L-31 E canal will not result in an increase in saltwater intrusion. FPL Testimony at A92; NRC Staff Testimony at A72.

Respectfully Submitted, Signed (electronically) by Steven Hamrick Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Avenue, N.W. Suite 220 Washington, DC 20004 steven.hamrick@fpl.com 202-349-3496 William S. Blair Erin Walkowiak Florida Power & Light Company 700 Universe Blvd.

Juno Beach, Florida 33408 william.blair@fpl.com erin.walkowiak@fpl.com 561-304-5238 December 3, 2015 COUNSEL FOR FLORIDA POWER & LIGHT COMPANY 4