ML15343A354
| ML15343A354 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/09/2015 |
| From: | Bernie White Citizens Allied for Safe Energy (CASE) |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28645 | |
| Download: ML15343A354 (12) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Administrative Law Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of )
)
Florida Power & Light Company ) Docket No. 50-250-LA
) and 50-251-LA (Turkey Point Units 3 and 4) )
) ASLBP No. 15-935-02-LA-BD01 December 9, 2015 CASE SECOND MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 INTRODUCTION On November 3, 2015, CASE submitted a MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 EVIDENTIARY HEARING (ML15307A470) to this Board. On November 12, 2015 this Board issued an "ORDER (Denying CASE?s Application for Subpoenas).(ML15316A424).CASE hereby submits a second request for the issuance of subpoenas in the subject matter.
CASE EFFORTS TO OBTAIN VOLUNTARY EXPERT WITNESSES REQUEST TO MIAMI-DADE COUNTY:
On November 16, 2015 CASE sent the following email message to these possible expert witnesses identified so far at DERM:
1
Mr. Lee N. Hefty Director of Environmental Resources Management (DERM),
Miami-Dade Department of Regulatory and Economic Resources 798 NW 1st Ct, (Suite 700)
Miami, FL 33136 Mr Craig Grossenbacher Geologist, Environmental Resources Management (DERM),
Miami-Dade Department of Regulatory and Economic Resources 798 NW 1st Ct, (Suite 700)
Miami, FL 33136 Message to Mr. Hefty and Mr. Grossenbacher:
Citizens Allied for Safe Energy, Inc. (CASE) is a Florida not-for-profit Corporation. CASE is all volunteer and has no paid staff or consultants.
All legal filings are done pro se.
On March 23, 2015 the Atomic Safety Licensing Board (ASLB) of the Nuclear Regulatory Commission (NRC) issued MEMORANDUM AND ORDER (Granting CASEs Petition to Intervene) (Order) (copy attached) granting CASE standing and admitting one Contention (at 24):
"... the Board admits Contention 1, narrowed and reformulated to read as follows:
The NRCs 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 (Cooling Canal System) 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.."
CASE Request for Voluntary Sworn Testimony In the referenced Order, the ASLB granted CASE an evidentiary hearing which was subsequently directed to be held in Homestead, FL on two days during the week of January 11, 2016.
2
On October 9, 2015 CASE filed CITIZENS ALLIED FOR SAFE ENERGY INITIAL STATEMENT OF POSITION, TESTIMONY, AFFIDAVITS AND EXHIBITS (copy attached).
CASE is hereby requesting that you voluntarily agree to provide sworn written and oral testimony in this matter. Your testimony would be in support of the matters addressed in the Initial Statement of Positions. A written statement will be requested including your qualifications, relevant employment experience and comments on the positions in the Initial Statement based on your areas of expertise. Oral testimony would be provided at the January, 2016 hearing in person or by telephone, if that is preferred.
CASE is making this request of you because of your unique, specific and extensive knowledge and experience of this subject. CASE would appreciate a response by Wednesday, November 18, 2015.
Thank you for your assistance in this matter.
On November 24, 2015 CASE sent a follow up email to Mr. Hefty and Mr. Grossenbacher requesting a response. As of this writing CASE has not received a reply from them or from Miami-Dade County.
REQUEST TO DEPARTMENT OF THE INTERIOR On November 16, 2015 CASE sent the email message below to Mr.
Michael Stevens, DOI attorney, requesting sworn expert testimony from the following NPS witnesses:
Mr. Brian Carlstrom (Former Superintendent, Biscayne National Park}
Natural Resources Stewardship and Science 1849 C St. NW (Eye St. #2301)
Washington, DC 20240 3
Ms. Sarah Bellmund Ecologist, Biscayne National Park 9700 SW 328 Street, Homestead, Florida 33033 305-230-1144 TO: Michael Stevens Attorney-Adviser Oce of the Regional Solicitor Southeast Region 404-331-5617 mike.stevens@sol.doi.gov Mr. Stevens, on November 3, 2015, Citizens Allied for Safe Energy, Inc.
(CASE) filed a motion before the ASLB requesting that subpoenas be issued for certain individuals including Superintendent Brian Carlstrom and Ecologist Sarah Bellmund of Biscayne National Park for sworn testimony in the matter described in the attached ASLB Order of March 23, 2015 (copy attached). On November 12, 2015 the ASLB replied (copy attached) denying that request.
At 1,2 the November 12, 2015 Order states:
Although the Board has the power to issue subpoenas, CASE has not demonstrated that it is appropriate for the Board to compel these five witnesses to provide testimony. In the first instance, it is unclear what efforts, if any, CASE has taken to obtain testimony voluntarily from these witnesses.
CASE Request For Voluntary Sworn Testimony CASE is hereby asking the NPS whether or not the individuals named above will be permitted by the NPS to voluntarily provide sworn testimony in the subject matter and, further, if they agree to do so.
4
The nature of their requested testimony was fully described in the Touhy request. If you require additional information to reply to our request please let us know. Otherwise CASE would appreciate a timely response, possibly by Wednesday, November 18, 2015.
Thank you for your assistance in this matter.
On November 24, 2015 CASE received the following email from Mr.
Stevens:
Stevens, Michael <mike.stevens@sol.doi.gov>
To Barry White CC Brian Carlstrom Sarah Bellmund Joan Lawrence Donald Jodrey Stan Austin and 4 more...
Nov 24 at 1:47 PM Mr. White:
In response to your e-mail of November 16, the employees will not voluntarily testify in the NRC matter as you requested. Be advised that even if they did, because you are seeking their expert testimony they are required by NPS regulations at 43 CFR 2.290 to first obtain the approval of the agency ethics office. That approval has not yet been sought, and will not until the employees receive a subpoena from the NRC.
Please let me know if you have any questions.
Michael Stevens Attorney-Adviser Oce of the Regional Solicitor Southeast Region 404-331-5617 5
! REQUEST TO SOUTH FLORIDA WATER MANAGEMENT 6 DISTRICT (SFWMD)
On December 3, 2015 CASE sent the following email to Mr.
Jonathan Shaw at the SFWMD:
Mr. Johnathan Shaw, P.G.
South Florida Water Management District 3301 Gun Club Road, MSC 1410 West Palm Beach, Florida 33406 Mr. Shaw, I hope all is well with you.
As the attached document indicates, Citizens Allied for Safe Energy, Inc. (CASE), a Florida not-for-profit all volunteer corporation has been granted an evidentiary hearing in January, 2016 by the ASLB regarding the Turkey Point CCS. All filings are done pro se.
CASE is hereby requesting that a qualified representative, or representatives, from the SFWMD voluntarily agree to appear at the hearing to provide sworn testimony regarding water authorizations for and usage by FPL for the operation of the Turkey Point Cooling Canal System for Nuclear Reactors Units 3 & 4 at Turkey Point in Homestead, FL on January 11 and 12, 2016. There might also be some questions regarding the geology of the area.
The appearance can be done by telephone if being at the hearing is inconvenient.
If you are not the appropriate person to receive this request, please forward it to the appropriate office.
If you have an questions please call me at 305-505-9011.
Thank you for your assistance in this matter.
6
Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 On December 3, 2015 CASE received the follow reply:
Dear Mr. White,
Citizen Allied for Safe Energys request for expert assistance in your upcoming hearing regarding Turkey Point has been reviewed and the District must decline. I trust you understand that as a regulatory agency representing the interests of all citizens and businesses within our jurisdiction we do not take sides in third party disputes. Of course you have a right to any materials or records we have, but we cannot redirect our staff resources to your organization. Our denial of your request should not be read as the District taking a position one way or the other on your petition.
Sincerely, James E. Nutt Office of Counsel South Florida Water Management District 3301 Gun Club Road, MSC 1410
- West Palm Beach, Florida 33406 561 682-6253
- 561 682-6276 Fax
- jnutt@sfwmd.gov On December 7, 2015, CASE sent the following reply to Mr. Nutt:
Mr. Nutt, thank you for your reply and we do understand your position.
7
We would point out that the hearing before the ASLB on January 11-12, 2015 in Homestead is an Evidentiary Hearing, not a trial. Only the ALJ's will ask questions. The role of any of the expert witnesses selected by any of the parties is to provide information for the judges.
In fact, the contention at issue was specifically drafted by the ALJ's.
In the case of the SFWMD a representative would only be asked to provide details of actual activities and actions of the Department; statistics and rulings. You would agree, we are sure, that correct information regarding water usage, past, present and future and authorizations made is critical to their understanding and bases for decisions. it might occur that the judges ask a question of an expert witness based on their area of expertise, but, again, that could be on behalf of any of the parties or just for their own edification.
So, given this information, is it possible that you might reconsider?
Thank you, Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 As of this writing, CASE has not received a reply from the SFWMD REASON FOR REQUESTING THESE PARTICULAR WITNESSES Each of the five witnesses indicated above has been their present, or, for Mr. Carlstrom, previous position, for many years. Their institutional memory, relevant administrative functions and job experience makes them fully and uniquely qualified to provide detailed information regarding the 8
matters at hand. Further, they have academic and professional training and experience particular to their work. They can provide current information as well as serving as resources for the genesis of matters in which they have actually played a role. Many questions have arisen from statements and information from all parties which required clarification and explanation by informed and expert people. Having these particular individuals would serve as an invaluable asset for the evidentiary hearing.
Mr. Carlstrom and Ms Bellmund, former and present Biscayne National Park staff members, in addition to providing information regarding the biology of the wildlife in the area, they can speak to the impact of the effluent from the CCS on Biscayne National Park and the Biscayne Bay Estuary. With their respective credentials and experience they can also serve as expert witnesses in their fields.
Mr Hefty and Mr. Grossenbacher are the exact individuals in Miami-Dade County government charged with administering the Turkey Point Wetland.
Every aspect of area is under their department. It is CASEs understanding that they drafted the NOTICE OF VIOLATION (NOV) to FPL on October 6, 2015 regarding pollution outside of the CCS (INT-005) and that they negotiated the related SETTLEMENT AGREEMENT (iNT-006) presented at 44,45 in CASE SOP. Their professional and employment experience make it such that, to not include them in the evidentiary hearing would seriously diminish the effort.
Mr. Johnathan Shaw, P.G.
Principal Hydrogeologist, 9
South Florida Water Management District (SFWMD)
West Palm Beach, Florida Jonathan E. Shaw has over 30 years of experience in water resources with specific emphasis on water quality investigations, hydrogeology, contamination assessment and remediation. He has worked on industrial site evaluation and remediation, environmental due diligence assessments, Everglades restoration and litigation support. He has been qualified as an expert witness in the field of hydrogeology and testified in federal court and in administrative hearings. Water resources experience includes water use permitting, managing projects in support of Everglades restoration, aquifer storage and recovery (ASR), deep injection well permitting, groundwater monitoring, assessment and remediation, and ecotoxicology. He also has extensive experience with contaminated sites including RCRA facility investigations and corrective actions, CERCLA site assessments and remedial actions, assessment of consent order sites, due diligence assessments and investigations and remedial actions at petroleum, dry cleaner, and industrial solvent contaminated sites. Jonathan works extensively with attorneys to help solve complex property transactions and litigation matters CONCLUSION CASE respectfully requests that the witnesses presented above be subpoenaed by registered mail to the addresses provided.
Respectfully submitted, 10
Executed in Accord with 10 CFR § 2.304(d).
/S/ (Electronically) Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 Dated at Miami, Florida this 9th day of December, 2015 11
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA
)
(Turkey Point Nuclear Generating ) ) ASLBP No. 15-935-02-LA-BD01 Units 3 & 4) )
CERTIFICATE OF SERVICE I, Barry J. White, hereby certify that copies of the foregoing CASE SECOND MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 have been submitted to the Electronic Information Exchange.
Executed in Accord with 10 CFR § 2.304(d).
Respectfully submitted,
/S/ (Electronically) Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 Dated at Miami, Florida this 9th day of December, 2015 12
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Administrative Law Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of )
)
Florida Power & Light Company ) Docket No. 50-250-LA
) and 50-251-LA (Turkey Point Units 3 and 4) )
) ASLBP No. 15-935-02-LA-BD01 December 9, 2015 CASE SECOND MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 INTRODUCTION On November 3, 2015, CASE submitted a MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 EVIDENTIARY HEARING (ML15307A470) to this Board. On November 12, 2015 this Board issued an "ORDER (Denying CASE?s Application for Subpoenas).(ML15316A424).CASE hereby submits a second request for the issuance of subpoenas in the subject matter.
CASE EFFORTS TO OBTAIN VOLUNTARY EXPERT WITNESSES REQUEST TO MIAMI-DADE COUNTY:
On November 16, 2015 CASE sent the following email message to these possible expert witnesses identified so far at DERM:
1
Mr. Lee N. Hefty Director of Environmental Resources Management (DERM),
Miami-Dade Department of Regulatory and Economic Resources 798 NW 1st Ct, (Suite 700)
Miami, FL 33136 Mr Craig Grossenbacher Geologist, Environmental Resources Management (DERM),
Miami-Dade Department of Regulatory and Economic Resources 798 NW 1st Ct, (Suite 700)
Miami, FL 33136 Message to Mr. Hefty and Mr. Grossenbacher:
Citizens Allied for Safe Energy, Inc. (CASE) is a Florida not-for-profit Corporation. CASE is all volunteer and has no paid staff or consultants.
All legal filings are done pro se.
On March 23, 2015 the Atomic Safety Licensing Board (ASLB) of the Nuclear Regulatory Commission (NRC) issued MEMORANDUM AND ORDER (Granting CASEs Petition to Intervene) (Order) (copy attached) granting CASE standing and admitting one Contention (at 24):
"... the Board admits Contention 1, narrowed and reformulated to read as follows:
The NRCs 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 (Cooling Canal System) 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.."
CASE Request for Voluntary Sworn Testimony In the referenced Order, the ASLB granted CASE an evidentiary hearing which was subsequently directed to be held in Homestead, FL on two days during the week of January 11, 2016.
2
On October 9, 2015 CASE filed CITIZENS ALLIED FOR SAFE ENERGY INITIAL STATEMENT OF POSITION, TESTIMONY, AFFIDAVITS AND EXHIBITS (copy attached).
CASE is hereby requesting that you voluntarily agree to provide sworn written and oral testimony in this matter. Your testimony would be in support of the matters addressed in the Initial Statement of Positions. A written statement will be requested including your qualifications, relevant employment experience and comments on the positions in the Initial Statement based on your areas of expertise. Oral testimony would be provided at the January, 2016 hearing in person or by telephone, if that is preferred.
CASE is making this request of you because of your unique, specific and extensive knowledge and experience of this subject. CASE would appreciate a response by Wednesday, November 18, 2015.
Thank you for your assistance in this matter.
On November 24, 2015 CASE sent a follow up email to Mr. Hefty and Mr. Grossenbacher requesting a response. As of this writing CASE has not received a reply from them or from Miami-Dade County.
REQUEST TO DEPARTMENT OF THE INTERIOR On November 16, 2015 CASE sent the email message below to Mr.
Michael Stevens, DOI attorney, requesting sworn expert testimony from the following NPS witnesses:
Mr. Brian Carlstrom (Former Superintendent, Biscayne National Park}
Natural Resources Stewardship and Science 1849 C St. NW (Eye St. #2301)
Washington, DC 20240 3
Ms. Sarah Bellmund Ecologist, Biscayne National Park 9700 SW 328 Street, Homestead, Florida 33033 305-230-1144 TO: Michael Stevens Attorney-Adviser Oce of the Regional Solicitor Southeast Region 404-331-5617 mike.stevens@sol.doi.gov Mr. Stevens, on November 3, 2015, Citizens Allied for Safe Energy, Inc.
(CASE) filed a motion before the ASLB requesting that subpoenas be issued for certain individuals including Superintendent Brian Carlstrom and Ecologist Sarah Bellmund of Biscayne National Park for sworn testimony in the matter described in the attached ASLB Order of March 23, 2015 (copy attached). On November 12, 2015 the ASLB replied (copy attached) denying that request.
At 1,2 the November 12, 2015 Order states:
Although the Board has the power to issue subpoenas, CASE has not demonstrated that it is appropriate for the Board to compel these five witnesses to provide testimony. In the first instance, it is unclear what efforts, if any, CASE has taken to obtain testimony voluntarily from these witnesses.
CASE Request For Voluntary Sworn Testimony CASE is hereby asking the NPS whether or not the individuals named above will be permitted by the NPS to voluntarily provide sworn testimony in the subject matter and, further, if they agree to do so.
4
The nature of their requested testimony was fully described in the Touhy request. If you require additional information to reply to our request please let us know. Otherwise CASE would appreciate a timely response, possibly by Wednesday, November 18, 2015.
Thank you for your assistance in this matter.
On November 24, 2015 CASE received the following email from Mr.
Stevens:
Stevens, Michael <mike.stevens@sol.doi.gov>
To Barry White CC Brian Carlstrom Sarah Bellmund Joan Lawrence Donald Jodrey Stan Austin and 4 more...
Nov 24 at 1:47 PM Mr. White:
In response to your e-mail of November 16, the employees will not voluntarily testify in the NRC matter as you requested. Be advised that even if they did, because you are seeking their expert testimony they are required by NPS regulations at 43 CFR 2.290 to first obtain the approval of the agency ethics office. That approval has not yet been sought, and will not until the employees receive a subpoena from the NRC.
Please let me know if you have any questions.
Michael Stevens Attorney-Adviser Oce of the Regional Solicitor Southeast Region 404-331-5617 5
! REQUEST TO SOUTH FLORIDA WATER MANAGEMENT 6 DISTRICT (SFWMD)
On December 3, 2015 CASE sent the following email to Mr.
Jonathan Shaw at the SFWMD:
Mr. Johnathan Shaw, P.G.
South Florida Water Management District 3301 Gun Club Road, MSC 1410 West Palm Beach, Florida 33406 Mr. Shaw, I hope all is well with you.
As the attached document indicates, Citizens Allied for Safe Energy, Inc. (CASE), a Florida not-for-profit all volunteer corporation has been granted an evidentiary hearing in January, 2016 by the ASLB regarding the Turkey Point CCS. All filings are done pro se.
CASE is hereby requesting that a qualified representative, or representatives, from the SFWMD voluntarily agree to appear at the hearing to provide sworn testimony regarding water authorizations for and usage by FPL for the operation of the Turkey Point Cooling Canal System for Nuclear Reactors Units 3 & 4 at Turkey Point in Homestead, FL on January 11 and 12, 2016. There might also be some questions regarding the geology of the area.
The appearance can be done by telephone if being at the hearing is inconvenient.
If you are not the appropriate person to receive this request, please forward it to the appropriate office.
If you have an questions please call me at 305-505-9011.
Thank you for your assistance in this matter.
6
Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 On December 3, 2015 CASE received the follow reply:
Dear Mr. White,
Citizen Allied for Safe Energys request for expert assistance in your upcoming hearing regarding Turkey Point has been reviewed and the District must decline. I trust you understand that as a regulatory agency representing the interests of all citizens and businesses within our jurisdiction we do not take sides in third party disputes. Of course you have a right to any materials or records we have, but we cannot redirect our staff resources to your organization. Our denial of your request should not be read as the District taking a position one way or the other on your petition.
Sincerely, James E. Nutt Office of Counsel South Florida Water Management District 3301 Gun Club Road, MSC 1410
- West Palm Beach, Florida 33406 561 682-6253
- 561 682-6276 Fax
- jnutt@sfwmd.gov On December 7, 2015, CASE sent the following reply to Mr. Nutt:
Mr. Nutt, thank you for your reply and we do understand your position.
7
We would point out that the hearing before the ASLB on January 11-12, 2015 in Homestead is an Evidentiary Hearing, not a trial. Only the ALJ's will ask questions. The role of any of the expert witnesses selected by any of the parties is to provide information for the judges.
In fact, the contention at issue was specifically drafted by the ALJ's.
In the case of the SFWMD a representative would only be asked to provide details of actual activities and actions of the Department; statistics and rulings. You would agree, we are sure, that correct information regarding water usage, past, present and future and authorizations made is critical to their understanding and bases for decisions. it might occur that the judges ask a question of an expert witness based on their area of expertise, but, again, that could be on behalf of any of the parties or just for their own edification.
So, given this information, is it possible that you might reconsider?
Thank you, Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 As of this writing, CASE has not received a reply from the SFWMD REASON FOR REQUESTING THESE PARTICULAR WITNESSES Each of the five witnesses indicated above has been their present, or, for Mr. Carlstrom, previous position, for many years. Their institutional memory, relevant administrative functions and job experience makes them fully and uniquely qualified to provide detailed information regarding the 8
matters at hand. Further, they have academic and professional training and experience particular to their work. They can provide current information as well as serving as resources for the genesis of matters in which they have actually played a role. Many questions have arisen from statements and information from all parties which required clarification and explanation by informed and expert people. Having these particular individuals would serve as an invaluable asset for the evidentiary hearing.
Mr. Carlstrom and Ms Bellmund, former and present Biscayne National Park staff members, in addition to providing information regarding the biology of the wildlife in the area, they can speak to the impact of the effluent from the CCS on Biscayne National Park and the Biscayne Bay Estuary. With their respective credentials and experience they can also serve as expert witnesses in their fields.
Mr Hefty and Mr. Grossenbacher are the exact individuals in Miami-Dade County government charged with administering the Turkey Point Wetland.
Every aspect of area is under their department. It is CASEs understanding that they drafted the NOTICE OF VIOLATION (NOV) to FPL on October 6, 2015 regarding pollution outside of the CCS (INT-005) and that they negotiated the related SETTLEMENT AGREEMENT (iNT-006) presented at 44,45 in CASE SOP. Their professional and employment experience make it such that, to not include them in the evidentiary hearing would seriously diminish the effort.
Mr. Johnathan Shaw, P.G.
Principal Hydrogeologist, 9
South Florida Water Management District (SFWMD)
West Palm Beach, Florida Jonathan E. Shaw has over 30 years of experience in water resources with specific emphasis on water quality investigations, hydrogeology, contamination assessment and remediation. He has worked on industrial site evaluation and remediation, environmental due diligence assessments, Everglades restoration and litigation support. He has been qualified as an expert witness in the field of hydrogeology and testified in federal court and in administrative hearings. Water resources experience includes water use permitting, managing projects in support of Everglades restoration, aquifer storage and recovery (ASR), deep injection well permitting, groundwater monitoring, assessment and remediation, and ecotoxicology. He also has extensive experience with contaminated sites including RCRA facility investigations and corrective actions, CERCLA site assessments and remedial actions, assessment of consent order sites, due diligence assessments and investigations and remedial actions at petroleum, dry cleaner, and industrial solvent contaminated sites. Jonathan works extensively with attorneys to help solve complex property transactions and litigation matters CONCLUSION CASE respectfully requests that the witnesses presented above be subpoenaed by registered mail to the addresses provided.
Respectfully submitted, 10
Executed in Accord with 10 CFR § 2.304(d).
/S/ (Electronically) Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 Dated at Miami, Florida this 9th day of December, 2015 11
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA
)
(Turkey Point Nuclear Generating ) ) ASLBP No. 15-935-02-LA-BD01 Units 3 & 4) )
CERTIFICATE OF SERVICE I, Barry J. White, hereby certify that copies of the foregoing CASE SECOND MOTION REQUESTING SUBPOENAS FOR EXPERT WITNESSES FOR JANUARY, 2016 have been submitted to the Electronic Information Exchange.
Executed in Accord with 10 CFR § 2.304(d).
Respectfully submitted,
/S/ (Electronically) Barry J. White Barry J. White Authorized Representative Citizens Allied for Safe Energy, Inc.
10001 SW 129 Terrace Miami, FL 33176 305-251-1960 Dated at Miami, Florida this 9th day of December, 2015 12