Text

Official Exhibit - FPL-033-00-BD01 - South Florida Water Management District Final Order: Authorizing Short Term Water Withdrawals from the L-31E Canal System; (April 9, 2015)(Includes Andersen Memorandum Evaluation of L-31E Water Addition
	ML16015A206
Person / Time
Site:	Turkey Point
Issue date:	03/13/2015
From:	; Florida Power & Light Co
To:	; Atomic Safety and Licensing Board Panel
	SECY RAS
References
	50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28505
	Download: ML16015A206 (47)
	v • d • e

FPL-033 BEFORE THE GOVERNING BOARD OF THE t,(~ I 0 201510: /IJ Ali SOUTH FLORIDA WATER MANAGEMENT DISTRICT ij

\Gi .- ! ,. ;:; I ii/C I SFWMD No. 2015-020-DAO-WU ..

In re:

AUTHORIZATION OF SHORT-TERM G

WATER WITHDRAWALS BY FLORIDA POWER AND LIGHT FROM THE L-31 E CANAL SYSTEM IN MIAMI-DADE COUNTY, FLORIDA

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FINAL ORDER The Governing Board of the South Florida Water Management District ("District"),

pursuant to Sections 373.083, 373.085, 373.086, and 373.171, Florida Statutes (Fla.

Stat.), after considering the recommendations of District staff and being otherwise fully appraised of the matter, issues the following Final Order containing Findings of Fact, Ultimate Facts and Conclusions of Law:

FINDINGS OF FACT

1. The District is a public corporation of the State of Florida, existing pursuant to Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Florida Administrative Code ("Fla. Admin. Code"), as a multi-purpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida. The District has the power and duty to protect Florida's water resources and to administer and enforce the provisions of Chapter 373, Fla. Stat., and the rules promulgated there under, Title 40E, Fla. Admin. Code. The District has jurisdiction over the matters addressed in this Order.

United States Nuclear Regulatory Commission Official Hearing Exhibit In the Matter of: FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating, Units 3 and 4)

ASLBP #: 15-935-02-LA-BD01 Docket #: 05000250 & 05000251 1 Exhibit #: FPL-033-00-BD01 Identified: 1/4/2016 Admitted: 1/4/2016 Withdrawn:

Rejected: Stricken:

Other:

2. Florida Power and Light ("FPL") is a subsidiary of NextEra Energy, Inc. As a regulated utility, FPL is granted an exclusive franchise by the Public Service Commission to provide reliable and cost-effective electric service to customers, including critical infrastructure, within its service territory in Florida. FPL's service territory covers all or parts of 35 Florida counties and serves approximately nine million customers.

3. The customers particularly at issue in this matter are those residing in Miami-Dade and Broward counties. In these counties, FPL provides electrical service to two million customer accounts, including critical infrastructure.

4. FPL owns and operates the electric power generating facility known as the Turkey Point Power Plant ("Turkey Point") that is the subject of this request.

5. Turkey Point is located in unincorporated southeast Miami-Dade County, east of Florida City and the City of Homestead. The Turkey Point site covers approximately 11,000 acres. Turkey Point is located approximately 25 miles south of Miami and about nine miles east of Florida City. Properties adjacent to the facility are almost exclusively undeveloped land. Turkey Point is bordered to the east by Biscayne Bay, Biscayne National Park, and Card Sound. A Turkey Point location map is attached hereto as Exhibit A.

6. Turkey Point consists of five steam electric generating units: three fossil fuel-fired units (Units 1, 2, and 5) and two nuclear units (Units 3 and 4). Units 1 and 2 constructed in the late 1960s each have a continuous generating capacity of approximately 404 megawatts (MW). Operations of units 1 and 2 are on a standby basis and not routinely in service. Unit 5 has a continuous generating capacity of 2

approximately 1150 MW. Units 3 and 4 each have continuous generating capacity of approximately 820 MW.

7. Units 3, 4, and 5 are certified under Florida's Power Plant Siting Act

("PPSA"). Units 1 and 2 pre-date the PPSA and are not certified.

8. FPL owns and operates a cooling canal system ("CCS"), an approximately 5,900-acre network of unlined canals at Turkey Point, to provide cooling water.

Construction of the CCS was completed in 1973. The CCS is closed from the surface waters of both Biscayne Bay and Card Sound. The CCS facilities pre-date the PPSA and are not certified. Under routine operations, there are no active surface water inflows utilized to maintain CCS water levels, temperature, or salinity.

9. The L-31E Canal System is of particular importance to FPL's request.

The L-31 E Canal System is part of the Central and Southern Florida Flood Control Project ("C&SF Project") for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. As local sponsor, the District operates C&SF Project components, including the L-31E Canal system and the surface water flow to tide from the associated basins, consistent with the guidance provided in the United States Army Corps of Engineers Master Water Control Manual, East Coast Canals, Volume 5.

10. The L-31E Canal System is a borrow canal and levee system that stretches north - south, intercepting water as it flows eastward to tide in southeast Dade County and providing storm surge protection. A rnap depicting the L-31E Canal System is attached hereto as Exhibit B. The L-31E Canal runs parallel to the South Central Biscayne Bay and across several drainage basins, six of which are named for the associated major east-west canals: Canal100 (C-100), C-1, C-102, C-103, North Canal 3

and Florida City Canal. This canal network and coastal levee system is operated for several C&SF Project purposes, including reducing the potential for flood and storm surge damage as well as limiting saline water intrusion. Water from the L-31 E is discharged to Biscayne Bay at several coastal structures as depicted on Exhibit B.

11. Operation of the C&SF Project coastal structure gates in this canal network discharge excess water when rainfall causes stages to rise above the control levels and close in order to maintain sufficient water to prevent salt water intrusion among other Project purposes. Overall, these surface water inflows comprise the largest input of fresh water to Biscayne Bay and Biscayne National Park in this area.

12. In the 1990's the U.S. Army Corps of Engineers and the District developed the Comprehensive Everglades Restoration Program ("CERP") which was approved by Congress in the Water Resources Development Act of 2000 ("WRDA 2000"). A component of CERP includes the Biscayne Bay Coastal Wetlands Phase 1 Project.

This project component aims to restore the overland sheetflow in an area of up to 11,000 acres, and to improve the ecology of Biscayne Bay, including its freshwater and saltwater wetlands, nearshore bay habitat, marine nursery habitat, and the oyster reef community.

13. Implementation of the Biscayne Bay Coastal Wetlands Phase 1 Project will impound and redistribute freshwater runoff from the existing canal discharges into the coastal wetlands adjoining Biscayne Bay to provide a more natural and historical overland flow pattern through existing coastal wetlands and tidal creeks. This redistribution of freshwater runoff will improve the temporal and spatial distribution of inflows to Biscayne Bay.

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14. The WRDA 2000 requires that water be reserved from allocation as an assurance that each CERP project component will meet its goals and objectives. Water is to be reserved consistent with the objectives and information contained within the Central and Southern Florida Project Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project Phase I Final Integrated Project Implementation Report and Environmental Impact Statement ("PIR") and other sources of information.

15. To this end, the District conducted technical studies identifying water to be reserved for the protection of fish and wildlife within the western near-shore portion of Central Biscayne Bay, engaged in rule development, and adopted the Nearshore Central Biscayne Bay reservation rule and associated implementation rules. The reservation rules and consumptive use implementing criteria is attached hereto as Exhibit C. The location of the Nearshore Central Biscayne Bay and the associated Project canal system is depicted in Figure 3-1 of Exhibit C.

16. The determination of the amount of water needed for protection of fish and wildlife in the Nearshore Central Biscayne Bay reservation rule is based on meeting a year-round salinity target for the nearshore area of central Biscayne Bay of 20 (practical salinity scale) given in the PIR. More detailed analyses were performed to determine the locations and quantities of surface water for the reservation rules. This information is contained in the District's Technical Document to Support a Water Reservation Rule for the Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project (July 2013).

17. Rule 40E-10.061, Fla. Admin. Code, is the water reservation rule for the Nearshore Central Biscayne Bay. Pursuant to this rule, a Target Flow to the Bay of 504 5

acre-feet per day, of surface water is reserved from allocation. Appendix 3, Figure 3-1 of Chapter 40E-10, Fla. Admin. Code, depicts the Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reaches; Figures 3-4A and 3-4B depict surface water flow from the C-1 02 + Military + C-1 03 Canal through S-21 A + S-20G + S-20F into Biscayne Bay during the wet and dry seasons. (Ex. C.)

18. Water levels in the L-31E Canal System, the proposed water supply source, are influenced by the operation of coastal canal structures. Operation of the S-20F, S-20G, and S-21A are performed consistent with guidance from the United States Army Corps of Engineers regulation schedule and Master Water Control Manual, East Coast Canals, Volume 5. Under normal operating conditions for April 30 - October 15 the S-20F, S-20G, and S-21A structures are operated in the "high range" meaning discharges* to tide are conditionally made when stages upstream of the structure including stages within the L-31 E Canal are 2.2 ft. NGVD or higher and the gates are closed when headwater stages drop to 1.8 ft. NGVD. During the agriculture drawdown season (October 151h through April 301h), S-21A, S-20G, and S-20F are set to operate with open and close ranges (Open/Close) of 1.4/1.0, 2.2/1.8, and 1.4/1.0 feet NGVD, respectively.

19. From 1993 to 2013, the District's operational records show the combined average daily flow from the C-102, Military, and C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 987 acre-feet per day from May 1'1 to October 141h, with daily combined flows ranging from 0 acre-feet per day to more than 5,500 acre-feet per day during these months. From 1993 to 2013, the District's operational records show the combined average daily flow from the C-102, 6

Military, and C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 492 acre-feet per day from October 151h to April 301h, with daily combined flows ranging from 0 acre-feet per day to more than 3,500 acre-feet per day during these months.

20. The combined reserved target flow for structures S-21A, S-20G, and S-20F is 504 acre feet suggesting that there is a reasonable expectation that daily flows exceeding the reservation target flows will occur during the months of June through mid-October, and potentially even through the month of November if conservative operational criteria for identifying and quantifying the amount of excess water are used.

21. Beginning in late spring, water temperatures within the CCS usually rise with temperatures at the plant intake often approaching 1OO"F by late spring. FPL's operating license from the Nuclear Regulatory* Commission ("NRC") includes a requirement prohibiting the intake side of Units 3 & 4 from exceeding 104 "F.

22. In order to prevent Units 3 & 4 from being required to shut down, thereby impacting grid reliability, FPL requested authorization from the District to use water from the L-31 E Canal System to reduce the salinity and temperature of the water within the CCS. After consideration of water resource constraints, such as the Nearshore Central Biscayne Bay water reservation, the District issued an Emergency Order authorizing the withdrawal of water from the L-31E Canal System above what is needed to meet the reservation subject to various identified conditions, including an operational protocol.

The Emergency Order was issued on August 28, 2014. The Governing Board concurred with the Executive Director's Emergency Order on September 11, 2014. The fall 2014 Emergency Order terminated on October 15, 2014.

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23. Pursuant to the limitations defined in the Fall2014 Emergency Order, FPL pumped a limited number of days and volumes. These withdrawals, when allowed, ranged from 1 to 103 million gallons per day ("mgd"). FPL withdrew a total of 1,135 million gallons ("mg") of water pursuant to the Fall2014 Emergency Order. During the same time the fall 2014 Emergency Order was in effect and FPL was authorized to pump, the District also released a combined average flow of 601 acre-feet per day of freshwater to Biscayne Bay through S-21A, S-20G, and S-20F, or 97 acre-feet per day above the target reservation flow.

24. During the term of the Fall 2014 Emergency Order, the temperature of the water in the CCS dropped 3.5'F. The salinity of the water within the CCS also dropped from 87.4 parts per thousand ("ppt") to 75.4 ppt. There is a strong correlation between the drop in CCS water temperature and salinity from the addition of surface water

25. FPL submitted an application to modify its site certification, requesting, in part, authorization to construct additional wells into the Floridan aquifer system ("FAS")

and authorization to withdraw 14 mgd from said wells in order to provide water to the CCS. The District understands that the FAS is FPL's intended long-term solution to reduce temperatures and salinity of the water within the CCS.

26. The Florida Department of Environmental Protection ("FDEP") received several objections to FPL's request. (DOAH Case No. 15-1559). A hearing date certain has been set for July 13-17, 2015. As such, the objections and final agency action on FPL's request has not yet been determined.

27. As a temporary, interim step, FPL seeks this authorization to provide water to cool water in the CCS and reduce salinity.

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28. On January 26, 2015, FPL submitted a consumptive use permit application, seeking authorization to divert and use non-reserved water from the L-31E Canal System. The purpose of the diversion is to help reduce high temperature and salinities occurring in the water in the CCS.

29. Specifically, FPL seeks to divert surface water that is available, above the water reserved by Rule 40E-10.061, Fla. Admin. Code, which would otherwise be discharged to Biscayne Bay via the S-20F, S-20G and S-21A coastal structures for the limited duration defined in this Order.

30. In support of their request, FPL provided a water/salt budget model for the Turkey Point CCS developed to quantify the volume of water and mass of salt entering and exiting the CCS over time and to evaluate changes in hydrodynamics associated with operational alternatives. A copy of the water/salt budget model is attached hereto as Exhibit D. The water/salt budget model ran two scenarios at multiple withdrawal rates. The first scenario simulated average weather conditions and the second scenario simulated drier than normal conditions. Each scenario was run four times under different pumping scenarios- no pumping, 30 mgd, 60 mgd, and 100 mgd and for a two (2) year timeframe. In each scenario, the results of the modeling showed that the greater the volume of water pumped into the CCS, the greater the drop in salinity of the water in the CCS.

31. As of March 24, 2015, the salinity of the water in the CCS was 85.76 ppt.

The temperature of the water within the CCS was 90.45'F. These water temperatures are projected to increase during warm spring, summer, and fall months when air temperatures are high and daylight duration is at its height. The CCS water 9

temperatures become more manageable when cooler weather and shortened days occur during south Florida's winter and spring months.

32. District staff reviewed and considered FPL's request, historic data, District statutory authorizations and rules, and the potential water availability. District staff also met with representatives of FPL and other stakeholders to discuss this matter.

Therefore, FPL has indicated its intent to withdraw application No. 150126-17, upon execution of this Order and expiration of the time to challenge the same.

ULTIMATE FACTS AND CONCLUSIONS OF LAW

33. The District is authorized to regulate connections and use of the District's rights of way, use of water, construction of new diversion facilities, initiation of new water uses, diversion and withdrawal facilities pursuant to a variety of statutes. (e.g.:

§§373.083, 373.085,373.086,373.1501, 373.171,373.219, Fla. Stat.)

34. The Governing Board may "[i]ssue orders to implement or enforce any provisions of th[e] chapter or regulations." § 373.083(2), Fla. Stat. (2014).

35. The Governing Board is authorized to issue orders affecting the use of water, as conditions warrant, and forbidding the construction of new diversion facilities or wells, the initiation of new water uses, or the modification of any existing uses, diversion facilities, or storage facilities within the affected area. § 373.171(1), Fla. Stat.

(2014).

36. Pursuant to Sections 373.085, 373.086 and 373.1501, Fla. Stat., the District is authorized to act as local sponsor and operate the C&SF Project, including those structures that are part of the L-31 E Canal System and relevant to the subject reservation.

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37. Rule 40E-10.061, Fla. Admin. Code, reserves water for protection of fish and wildlife in the Nearshore Biscayne Bay. Seasonal target flows are stated in this rule. Operation of the C&SF Project frequently involves discharge of water from the subject structures to tide in excess of those reserved such that water is periodically available for use.

38. FPL's Turkey Point CCS has recently experienced heightened temperatures and salinity. The CCS temperatures, if sufficiently high, can result in an emergency involving potential to shutting down all or part of power production at Turkey Point.

39. Addition of water from an external source can reduce CCS temperatures.

40. To avoid an emergency and better manage heightened CCS temperatures and salinity, FPL seeks a short-term approval authorizing withdraw of available surface water from the L-31 E Canal System as it develops long-term water supply and other options to manage CCS temperatures and salinity.

41. Based on FPL's request and the above-described facts, the District has considered this matter and finds that the requested use, as conditioned by the below stated withdrawal limitations and monitoring requirements, will not use water reserved for protection offish and wildlife as defined in Rule 40E-10.061, Fla. Admin. Code, and will not cause to harm the water resources of the District.

ORDER Based upon the Findings of Fact, Ultimate Facts and Conclusions of Law, the Governing Board orders that FPL is authorized to undertake the following, temporary actions in accordance with the conditions stated herein:

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42. Short-Term Water Withdrawal Authorization

a. Water Availability Restriction: FPL is prohibited from withdrawing and using water from the L-31 E Canal System that is reserved for fish and wildlife by Rule 40E-10.061, Fla. Admin. Code, for the Nearshore Central Biscayne Bay. The only water available for the purpose of this Order is that water which would otherwise be discharged to tide through the S-20F, S-20G, and S-21A structures and is sufficiently in excess of the flows reserved for protection of fish and wildlife in Rule 40E-10.061, Fla.

Admin. Code. This available surface water may, for the duration of this Order, be withdrawn and used within FPL's cooling canal system in accordance with the conditions as set forth below. There are no assurances provided by this Order that water will be available for FPL's withdrawal and use on any given day. Water availability is determined by a two-step process: Step 1) satisfaction of the calendar constraint criteria; and Step 2) the delivery of 504 acre-feet per day to the Nearshore Central Biscyane Bay from S-21A, S-20G, and S-20F each day prior to the daily withdrawal of excess water from the C-103 Basin.

b. Step 1 - Calendar Constraint: FPL may potentially withdraw water from June 1 to November 30 ("Calendar Constraint"). No withdrawals are authorized from December 1" through May 31" by this Order.

c. Step 2 - Withdrawal of Excess Water from the L-31 E Canal System: If the Calendar Constraint (Step 1) is met, the following procedure shall be used to identify when FPL can withdraw water from the L-31E Canal System:

1. Part 1 -All pumps start each day off.

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11. Part 2 - All pumps remain off until the combined discharge from S-21A, S-20G, and S-20F equals or exceeds 504 acre-feet. FPL shall monitor a data feed (i.e., web page) maintained by the District that provides real time estimates of the discharges from S-21A, S-20G, and S-20F. The data populating this site will be collected by the District SCADA system and communication in the normal time frames (e.g., updates ranging in frequency from 15 minutes to an hour).

iii. Part 3 - Once the data feed confirms that the combined discharge from S-21A, S-20G, and S20F equals or exceeds 504 acre-feet, FPL may withdraw water from the L-31 E Canal System for the remainder of the day at up to the maximum capacity provided that the Criterion to Prevent Over-Withdrawal or Hydraulic Slope Impact is met IV. Part 4- End of the Day. By the end of the Day (11 :59 p.m.),

FPL shall turn off all pumps. Once the pumps are secured for the day, FPL shall record the daily flow totalizer for each pump.

43. Criterion to Prevent Over-Withdrawal or Hydraulic Slope Impact: FPL shall maintain a volume within the L-31 E that is sufficient to ensure that there is no net withdrawal based on the expected measurement uncertainty of the flow totalizers.

a. FPL shall calculate the daily volume pumped from the C-1 03 Basin into the L-31E as well as the daily volume pumped from the L-31E into the CCS. The volume of water pumped from the C-1 03 Basin into L-31 E must exceed the daily volume pumped from the L-31E into the CCS. The difference in volume shall account for any calibration errors between the two flowmeters.

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b. The pumps withdrawing water from the C-103 Basin and discharging into the L-31 E Canal (North Pumps) shall always be started at least five minutes before the pumps withdrawing water from the L-31 E and discharging into the CCS (South Pumps). At the close of pumping for the day, the South Pumps shall be stopped at least 5 minutes before the North Pumps. In addition to this proactive measure, FPL shall evaluate the stage response of the L-31E for drawdowns due to a net withdrawal or hydraulic slope or a combination of both and reduce the L-31 E withdrawals as required to eliminate any drawdowns caused by FPL pumping.

44. Communication of Water Availability Determination: Data on the daily discharges from S-20F, S-21A, S-20G will be available on a web page for FPL to determine when it can pump excess water from the L-31E Canal System between June 1 and November 30 each calendar year. In the event the District's real-time or specific web page are inoperable on a given day or time period, FPL shall contact the District's Operation Control Center at: 561-682-6116 and occ@sfwmd.gov to report that the information is not updating so that the SFWMD can issue a remedy ticket to diagnose and correct the problem. FPL may not commence any daily withdrawal operations until the District's data feed is operable or FPL receives written (e.g., e-mail) approval to pump.

The District will provide written approval only for extended (multi-day) outages of the data feed. FPL will be solely responsible for accessing the District's data and FPL own data (e.g., pumping rates) to perform the calculations required to assess the criteria and calculate the correct pumping rates and durations.

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45. Monitoring and Reporting: FPL shall monitor and report the amount of water diverted from the L-31E Canal System toils cooling canal system on a weekly basis.

a. When FPL withdraws water, FPL shall generate a daily report that includes the following detailed information:

i. The water availability determination for each day based on the data from the District-provided web page;

11. Identification of which pump(s) were used over the course of the day; 111. The time on and time off, per pump; iv. The RPM setting, per pump, if variable;

v. The calculated volume of water pumped, per pump; and, vi. The cumulative log flows at each pump station.

VII. FPL shall collect temperature and salinity data prior to initiation of pumping pursuant to this Order and once a week thereafter for the duration of this Order during the operational period. These samples shall be collected at monitoring station TPSWCCS-1 and TPSWCCS-2 in the CCS, and the results submitted to the District by noon on the following Tuesday after their collection.

b. FPL shall prepare a weekly report which summarizes the daily reports for the preceding week (Monday at midnight through Sunday at 11:59 p.m.) and includes the following additional information:

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1. Hourly stage data for the L-31E Canal measured at TPSW-1 and TPSW-2 for the weekly reporting period, whether or not the pumps operated. The report shall include a table of the weekly data and a graph of the stages.

11. The weekly report shall include a table and graph of the hourly staff gage readings from SG-N (North of Palm Drive), SG-S (South of Palm Drive) , and SG-PSS (South Pump Station).

iii. The weekly report shall be submitted by noon on the following Tuesday of each week

c. The reports shall be e-mailed to Simon Sunderland, P.G.,

Consulting Hydrogeologist at ssunder@sfwmd .gov or Maria Clemente , P.E. , Bureau Chief at r:D_Ql.~m~ nt@sfwmd .g oV,. Both reports shall reference this Final Order. Upon District review of the daily and weekly reports, conference calls may be required.

d. Add itionally , the District may request available monitoring data at any time and FPL shall provide the same within two hours of the District's request.

46. Spec ial Pum p Station Criteria:

a. The District may require FPL to terminate pumping at any time .

Upon receipt of any oral or w ritten request from the District to terminate pumping , FPL must cease pumping within two (2) hours.

b. FPL shall coordinate the pumping at both stations to assure that, from a non-flow condition, the north station pumps shall be started first. The south station pumps shall be started within five (5) minutes of the north station pumps start, with an equ ivalent flow. Similarly, when pump operation ceases , the south station pumps shall cease first and the north station pumps shall cease within 5 minutes .

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c. FPL shall prepare a storm/hurricane contingency plan that includes securing the pump stations and ancillary equipment during a major weather event, plans to empty all fuel lines from the storage tanks to the pumps. A copy of the plan should be available for the District to review, if requested. FPL is required to monitor the weather and hurricane forecasts and make the appropriate timely preparations.

47. Pump Requirements:

a. The pump stations shall be staffed on a 24-hour basis.

b. Pump Discharge Curves: Pump discharge curves used in determining rates of discharge while pumps are operating, as deployed in the field, shall be provided to the District prior to pump operation for the purpose of calculating flow rates and volumes.

c. Totalizing Hour Meters: FPL shall install totalizing flow meters at each pump authorized by this Order and such meters shall be available for periodic District inspection and verification. Documentation of an up-to-date and accurate calibration for each of the totalizers shall be provided before pumping commences.

48. This Order authorizes FPL to take actions under Chapter 373, Fla. Stat.,

as provided herein. This Order does not relieve FPL from the requirements to obtain any other federal, state, or local authorizations.

49. This Order does not constitute a water use or right-of-way permit or grant any legal right to water as set forth in Chapter 373, Fla. Stat., and associated District rules and regulations over the water intercepted and stored under this Order.

50. This Order does not convey any property right to FPL, nor any rights and privileges other than those specified in this Order. This Order shall not be construed as 17

an abandonment or any other such impairment or disposition of the District's property rights.

51. This Order shall not be construed as a substitute for, or waiver of, any right-of-way, surface water management, water use, or other permits required of FPL under the District's rules and regulations.

52. FPL shall insure that harmful impacts to the water resources, off-site land uses, or existing legal uses of water do not occur as a result of this Order. In the event such harmful impacts result from actions authorized by this Order, FPL shall implement all actions, as directed by the District, to cease such harmful impacts and, if necessary, to mitigate such impacts. Failure to comply with this requirement shall be considered a violation of this Order.

53. Failure to comply with the terms of this Order shall constitute a violation of a District Order under Chapter 373, Fla. Stat., and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

54. The District reserves the right to initiate appropriate legal action, to impose civil penalties, and collect attorney's fees and costs to enforce the terms of this Order.

55. This Order may be modified or amended at any time, as appropriate for the protection of the public health, safety, and welfare and the water resources of south Florida by the Governing Board, Executive Director, or Executive Director's designee.

56. The Executive Director or Executive Director's designee may require FPL to cease withdrawal and/or use activities under this Order at any time.

57. Failure to comply with the conditions contained within this Order shall constitute a violation of a District Order under Chapter 373, Florida Statutes, and 18

enforcement proceedings may be brought in any appropriate administrative or judicial forum.

58. If the District petitions or sues for enforcement of the terms of this Order, the District reserves the right to initiate appropriate legal action, to impose civil penalties and collect attorney's fees and costs.

59. This Order shall terminate on November 30, 2016 at 11 :59 p.m. or upon written notice from the District's Executive Director or the Executive Director's designee, whichever occurs first.

60. A Notice of Rights attached hereto as Exhibit E.

DONE AND SO ORDERED in West Palm Beach, Florida, on this 9th day of April, 2015.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT By its Governing Board

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Blake C. G.-HJUory, P.E.

ExecutiveTil rector Legal Form Approved:

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EXHIBIT 8 CHAPTER 40E~IO WATER RESERVATIONS 40E- I 0.0 II Pol icy and Purpose 401--::- I 0.021 Definitions 40E~ I 0.031 Water Reservations Implementation 40E~I0.06J Wate1* Reservation Areas: Lower East Coast Planning Area 40E-10.011 Policy and Purpose.

The purpose of thiS chapter is to define the quantity, location and timing of waters rCSCI'VCd from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations arc implemented in the water usc program pursuant to Chapter 40E-2, F.A.C.

Rulemaking Aulhority 373.044, 373.1/3, 373.!71 FS. Law lmp!emenled 373.016. 373.026, 373.036, 373.1501, 373.1502. 373.219, 373.223.

373.4592, 373.4595, 373.470 FS. 1-!is!OJ}'--New 7-2-09, Amended 7-14-/.f..

40E-1 0.021 Definitions.

(1) Fakahatchee Eswary- The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, l.ittlc Wood River and Faka Union Canal!Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary.

{2) Picayune Strand- The area located southwest of the Florida Panther National Wildlife Refuge, no1ih of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fuk11hatchce Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.

(3) North Fork of the St. Lucie River- The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, yl I 16105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal {state plane coordinates, x873,712.20, yl064,390.41) as depicted in Appendix 2, Figure 2~ I.

(4) Nearshore Central Biscayne Buy- The urea within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to nolth of Turkey Point as depicted in Figure 3-1.

(5) Caloosahatchee River- The surface waters that tlow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay, as defined in subsection40E-8.021{2), F.A.C.

(6) Caloosahatchee River (C-43) West Basin Storage Reservoir- A reservoir located in Hendry Cmmty, Florida, west of the City of LaBelle on the east side ofthe Townsend Canal and south ofSR 80 as described in Appendix I -12, and depicted in Figure 1-13 (also known as the 'C-43 Reservoir').

l?u/emaking Authority 373.044, 373.ll3, 373.171 FS. Law Implemented 373.016. 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223.

37 3.4592, 373.4595, 373.470 FS. His/my-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14 40E-10.031 Water Reservations lmplcmer~tation.

(I) Applicants for consumptive use permits sha!l meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.30 1, F.A.C., and Section 3. I I of the "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District," incorporated by reference in Rules 40E~2.091, F.AC., are met.

(2) Water reserved for the protection of fish and wildlife contained within the Picayune Strand and Fakahatchec Estuary is defined in subsections 40E-I 0.041(1 )-(2), F.A.C.

(3) Water reserved for the protection of fish and wildli!C contained within the North f-ork of the St. Lucie River is de!ined in subsection 40E-l 0.051 (I), F.A.C.

(4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne liay is defined in subsections 40E-1 0.061 (I )-(2), F.A.C.

(5) Water reserved for the protection of fish and wildlife contained within and released, via operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is defined in subsection 40E-I 0.04 I(3), F.A.C.

Ru/emaking Aulhorily 373.044. 373113, 373.1711*8 Lnw Implemented 373010, .173.1)26, 373.036. 373.1501. 373.1502. 373.2/9, 373.223.

37 3.4592. 373 4595. 373../70 FS. 1/i.~toty Nr'w 7-1-09, Amended 3-18-10, 7-21-/3, 7-I.J-I.f.. 7-16-14.

EXHIIliT C

40E-10.061 Water Reservation Areas: Lower East Coast Planning Area.

(I) Nearshore Central Biscayne Bay as defined in subsection 40E-l 0,021(6), F.AC ..

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1 ).

(2) Surface water flowing into Nearshore Centrall3iscayne 13ay as identified below is reserved from allocation:

(a) Surface water tlows depicted on Figures 3-2.A and 3-2.H through S-123 derived from the following contributing canal reaches:

I . The C-1 OOA canal upstream ofS-123 to S-120 including all integrated conveyance canals.

2. The C-IOOC canal upstream ofS-123 to S-119 including all integrated conveyance canals.

3. The C-1 OOB canal upstream of S-123 to S-122 including all integrated conveyance canals.

4. The C-100 canal upstream ofS-123 to S-118 including all integrated conveyance canals.

(b) Surface water !lows depicted on Figures 3-3.A and 3-3.13 through S-21 derived from the following contributing canal reaches:

I . The 1.-31 E bon*ow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream ofS-2lto S-122 and S-149 including all integrated conveyance canals.

3. The C-1 canal upstream of S-21 to the C-1 W canal and S-338 including all integrated conveyance canals.

(c) Surface water nows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A. S-200, and S-20F as derived from the following contributing canal reaches:

I. The C-102 canal connecting to the C-102 N canal upstream ofS-21 A to S-195.

2. The C-102 canal upstream ofS-2\A to S- !65.

3. The L-31 E borrow canal upstream ofS-21 A to its terminus near S-21 including the Gould's Canal.

4. The L-31 E borrow canal upstream of S-21 A south to S-200.

5. The Military canal upstream ofS-200.

6. The C-103 canal upstream ofS-20F to S-179.

7. The L-31 E borrow canal upstream ofS-20F to S-200 including all integrated conveyance canals.

8. The L-31 E borrow canal from S-20F south to the North Canal.

9. The North Canal.

I 0. The L-31E borrow canal from S-20F south to the Florida City Canal.

11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31 E borrow canal.

Notwithstanding the above, presently existing legal uses for the duration of a perm1t existi11g on July t 8, 2013, are determined to be not contrmy to the public interest pursuant to Section 373 .223(4), F.S.

Reservations contained in the section shall be reviewed in 1ight of changed conditions or new information.

Rulemaking Aulhm*ily 373.(!44. 373./13, 373.171 FS. Law fmplemenled 373.0/6, 373.026, 373.036, 373.1501. 373.1502, 373.219. 373.223, 373.4592,373.4595. 373.470FS. flistOJy New 7-21-13.

APPENDI X 3: LOWER EAST COAST PLANNING AREA Figure 3-1 Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reaches FIJura 3-1 Nearshoro Central Biscayne Bay Reservation Water Body and Protected Canal Reaches

- Pl:tmatv Clntle Rtgula.ted Wilt9!' DOd es oamfl,l Rtacbo*

- Nr*r Jhoi'CI *C:onlnl lii!JCI(jiJ111 Bl)'

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Figura 3-2 A Surface WaterFlow from the C-100 canal through S-123 into Biscayne Baydurlng the Wet Season (Juna-~obGr) (1966-~011) i ~00 I

I

~:~~~~;~2B~ys~~io"; t~:~;;~~:~,(~~~:~;:.~;y)t (~~~~;0~~~23 into OOM}

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Figure 3-3 A Surface Weier Flow from the C-1 canallhrough S-21 into Biscayne Bay during ttm Wet Se~son (June-Or.tober) (19S6.2011) 0000 f~

1::

£ 1000 Poroomogo Tim* Equalod ~' E>eoadad Figure :J--3_B Surface Water Flow from UteC-1 canal through S-211nto BlsGayne Bay during the Dry Sea~on (November-May) (1966*2011) 0000

$-21

=W*rerR...Ned

Figura 3*4.A Surfaca Waler Flow from lhe C-102+MOilmy+C*103 Canal lhrough S-21A+S-20G+S-20F iolo Bi$Cayne Bay during th" Wet Season (June-October) j 19B6-2011)

"= ,------------------

S*ZI~*S*20G*S*:WF

= TB<o**

WltBrR,on~d F~gure 3-4.B Sorfaoo Water Flow from Ihe C-102->Military*C-1 03 Canal lhrough S-21A+S-20G+S*20F into Biscayne Bay during the Dry Season jNovambor-May) (1936-2011) eaooy-----

"" ------ S*liA*S*lOU*S*2Df I~00 l

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1=w..orR"""I<JO i 1000 Pon::ont*o* lim* ~qoolo~ or Exo.,.Of<l

40E-2.301 Conditions for Issuance of Permits.

(I) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give rcasonabk:

assurances that the proposed water use at the time the permit application is deemed complete:

(a) Will not cause harmful saline water intrusion; (b) Will not harm offsite land uses; (c) Will not cause harm to wetlands or other surface waters; (d) Will not cause pollution ofthc water resources; (c) Is otherwise a reasonable-beneficial use t~s defined in Section 373.019(13), F.S., with consideration given to the factors set forth in Rule 62-40.410, F.A.C.;

(f) Will not interfere with presently existing legal uses; (g) Is in accordance with Section 373.2295, F'.S., concerning interdistrict transfer of groundwater and Section 373 .223(3), F.S.,

concerning water transport and use of groundwater or surface water across county boundaries.

(h) For uses with a recommended maximum allocation which exceeds 100,000 gallons per day or uses within a mandatory reuse zone, makes use of a reclaimed water source in uccordance with the criteria contained in the "Applicanrs Handbook for Water Usc Penn it Applications within the South Florida Water Management District," incorporated by reference in Rule 40E-2.091, F.A.C.

(i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and G) Is consistent with Sections 373.016 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Chapter 373, F.S., and this chapter.

(k) Will not withdraw wmer reserved under Chapter 40E-l0, F.A.C.

(2) In order to satisfy the conditions for permit issuance in subsection (l ), the permit applicant must pmvide reasonable assurances that the criteria in the "Applicant's Handbook for Water Usc Permit Applications within the South Florida Water Management District," incorporated by reference in Rule 40E-2.091, F.A.C., are met.

Rulemaking Authority 373.044, 373. I 13, 373.1! 8. 373.17! FS. Law Implemented 373.036, 373.042. 373.083, 373. 103(4), 373.150!, 373.1502, 373.223, 373.229, 37 3.2295, 37 3.470 FS. Hisloty-New 8-14-02, Ameuded 8-31-03, 4-23-07, 2-13-08. 7-2-09, 7- 14-! 4.

APPLICANT'S HANDBOOK FOR WATER USE PERMIT APPLICATIONS {07-16-2014) 3.11.3 Nearshore Cen1ral Biscayne Bay A permit applicant shall provide reasonable assurances that the proposed use will not withdraw water reserved under subsection 40E-10.061(1), F.A.C. Compliance with the following criteria constitutes reasonable assurances that water reserved in Rule 40E*

10.061, F.A.C., will not be withdrawn. Water not reserved under Rule 40E-10.061, F.A.C., shall be allocated pursuant to this Subsection.

For this section, the following definitions apply:

Direct withdrawal: Withdrawal of surface water from facility intakes physically located within the surface water column of Nearshore Central Biscayne Bay as depleted on Figure 3-1 in Chapter 40E-10, F.A.C. No direct withdrawals shall be authorized pursuant to this rule.

Indirect withdrawal: Withdrawal of surface water from facility intakes physically located within the surface water column of any canal reach identified in Figure 3-11n Chapter 40E-10, F.A.C.

The following uses do not withdraw reserved water:

A. Withdrawals of groundwater; B. Withdrawals authorized by Rules 40E- 2.061 (General Permits by Rule) and dewatering operations that 1) will not exceed a maximum of ten 10) mgd, with a maximum of 1,800 mg total pumpage; and 2) will not exceed a total duration of one year for the entire project; C. Renewals of indirect withdrawals authorized by a permit existing on July 21, 2013; D. A permit modific~tion involving an indirect withdrawal authorized by a permit existing on July 21, 2013 that does not change the source, increase the allocation or change withdrawal locations, such as replacement of existing WUAH-91

APPLICANT'S HANDBOOK FOR WATER USE PERMIT APPLICATIONS 107-16-2014) surface water pumps or intakes, crop changes that do not change the allocation or timing of use, or decrease in allocation; E. A new indirect withdrawal with no greater allocation and impact, including changes in timing, than a terminated or reduced permit that was existing on July 21,2013 and occurs upstream of the same coastal structure; and, F. Indirect withdrawals which do not withdraw reserved water as defined In Rule 40E-10.061 F.A.C.

WUAH-92

(*ft:) TETRA TECH TECHNICAL MEMORANDUM From: Peter F. Andersen and James L. Ross, Tetra Tech To: Stacy Foster and Scott Bums, Florida Power & Light Company Date: March 13, 201 5

Subject:

Evaluation of L~31E Water Addition Impacts on CCS Salinity Reduction Intmduction This technical memorandum describes water and salt balance modeling of the addition of L-3 1E water as a salinity reduction measure in the Florida Power & Light (FPL) Cooling Canal System (CCS), located at the Turkey Point Nuclear Power Plant. The modeling was conducted to provide an assessment of the effects of adding L~ 31 E water to the CCS between June 1 and November 30 in 2015 and 2016 in an effort to reduce the salinity of the CCS. Knowledge of the effects ofadding this water will help to identify how effective it is at reducing CCS salinity under different assumptions of water availability and maximum daily withdrawals.

A spreadsheet-based water and salt balance model was employed for this analysis. This model was developed as a part of the Turkey Point Uprate monitoring program. The South Florida Water Management District has reviewed the model at various stages of its development and application.

The version of this model employed for the predictive analysis is transient and calibrated to 45 months of hydrologic and water quality data collected within the CCS and in the surrounding environment (Ecology and Environment, 2014). This model was modified and executed to provide estimates of the effect of adding various amounts of L~3 1 E water in an effort to attain reductions in CCS salinity.

Background

The CCS is a constructed surtace water body that receives heated water from Turkey Point Power-Generating Units l , 3, and 4. As the heated water travels southward along the discharge canals and northward back to the plant along return canals, it is cooled by evaporation and mixing with inflowing water from the Biscayne Aquifer. Due to the evaporative process, which is facilitated by the elevated temperature of the water, a portion of the water from the CCS is lost to the atmosphere, leaving dissolved solids behind in the CCS and producing hypersaline conditions in the CCS. Hypersaline water exhibits salinities greater than that of seawater, which has a salinity of approximately 35 PSU. Over the 10 years prior to 2014, salinity in the CCS has ranged between 42 and 69 PSU. During 201 4, salinity in the CCS increased to a maximum daily avemge of approximately 99 PSU (monitoring station TPSWCCS-4, September 9, 2014).

Subsequent to that peak, salinities reduced and varied between 65 and 75 PSU in the fall of 20 14.

Part of this salinity reduction is attributable to measures undertaken by FPL that included addition of L~3 1 E water and groundwater from a Floridan well associated with Unit 5.

In order to mitigate the contribution of hypersaline water to the underlying Biscayne Aquifer, and return the CCS to equilibrium consistent with pre-2014 conditions, FPL is evaluating remedial measures to moderate CCS salinities and prevent significant increases in the near future. In the course of prior evaluations conducted to investigate the response of CCS salinity to TETRA TECH EXHIBITD

Page 2

the addition of less saline water, an inspection of monitoring data between 2010 and 2012 revealed a correlation between daily rainfall on the CCS and CCS salinity, where rainfall events were generally followed by short tenn reductions in CCS salinity. Two phenomena were evident in this review of CCS monitoring data: 1) CCS salinities generally reduce during rainy months (May through October); 2) significant rainfall events produce notable reductions in CCS salinity.

The latter phenomenon is effectively illustrated by a large(> 7 inches) rainfall event in late-September 201 0 that induced an approximate 10 PSU drop in the average CCS salinity.

Because precipitation events are simply freshwater inflows to the CCS, they effectively dilute the water and reduce salinity. Based on the effectiveness of such low-salinity inflows in reducing salinity, the addition of L-31 E water to the CCS was proposed during times when such water was available. The water and salt balance model mentioned above was reconfigured to evaluate this salinity reduction measure with respect to its effectiveness in mitigating high CCS salinity in the near future. These evaluations and associated results and conclusions are discussed below.

Reconfigua*ation of Watea* Balance to Represent Futut*e Predictions Calibrated Water and Salt Balance Model Based on monitoring data in and outside of the CCS, Tetra Tech constructed a transient water and salt balance model of the CCS and calibrated it to 45 months of hydrologic and salinity data collected from the CCS between September 1, 2010 and May 31,2014 (Ecology and Environment, 2014). This model calculates inflows to the CCS (e.g. precipitation, seepage from groundwater) and outflows from the CCS (e.g. evaporation, seepage to groundwater) on a daily ..

timestep using hydrologic, water quality, and meteorological data. These data were collected at intervals ranging from IS-minute to 1-day throughout Biscayne Aquifer, Biscayne Bay, the CCS, and nearby canals. The model uses the calculated daily inflows and outflows to effectively simulate daily changes in CCS water and salt storage. These changes in storage are then employed to calculate daily changes in CCS water levels and salinity.

This model was later revised to incorporate data and simulate conditions through October 2014.

Because this timeframe witnessed significant stresses on the CCS, including elevated evaporative losses from the CCS, relatively low precipitation-based inflows, and the influx of pumped L-31E water, it was detennined that a model calibrated to the extended timeframe would be robust and a better predictive tool. With minor changes to model parameter values, the calibrated 45-month model was extended and re-calibrated to effectively simulate the 50-month timeframe through October 2014. The quality of the model is illustrated by the reasonably accurate simulation of daily changes in average CCS water levels and salinity over the SO-month period (Figure 1). It should be noted that the model correctly simulates reductions in salinity that result from both large rainfall events (e.g. October 1, 20 l 0) and the addition of L-3 1E water (late September through mid-October 2014). The ability to match the response of salinity to the addition of a known quantity and quality of water provides confidence that the model is able to predict changes in CCS salinity due to prescribed CCS salinity reduction measures.

Predictive Water tmd Salt Balance Model In order to predict futu re changes in CCS water level and salinity, the approach used to calculate CCS inf1ows and outflows was changed relative to that employed for the historical timefmme in the following matmer. During the 50-month historical period (September 2010 through October TETRA TECH

Page 3

2014), the calculation of water and salt exchanges between the CCS and the surrounding environment relied on measured CCS water levels and salinities. Because future CCS conditions arc unknown, predicted CCS inflows and outflows are calculated using simulated CCS water levels and salinities.

As previously mentioned, the calibrated water and salt balance model simulates daily changes in CCS water level and salinity through October 31, 2014. As such, the predictive simulation commences on November 1, 2014; this simulation extends over 2 years through November 30, 2016. The initial predictive water levels throughout the CCS are based on CCS water levels observed on October 31, 2014 and the change in water level due to the balance of water flows calculated for that day. In other words, the simulated November 1, 2014 water levels throughout the CCS are the sum of the measured CCS water levels on October 31 and the calculated change in water level due to the calculated CCS inflows and outflows for that day. The initial salinity conditions for the predictive model are calculated in an analogous manner; the simulated salinities throughout the CCS on November 1 arc the sum of the average observed CCS salinities on October 31 and the calculated change in salinity due to the balance of salt flows calculated for that day. The daily exchanges of water and salt between the CCS and the surrounding environment for November 1 are determined using the calculated initial water levels and salinities throughout the CCS. The balance of these flows informs the predicted CCS water level and salinity, respectively, for the next day. The model continues step-wise calculations of water levels and salinity in this maruter throughout the 2S~month predictive simulation.

Predictive Scenarios In order to represent conditions outside of the CCS, observed data from the historical period was repeated and acted as a surrogate for future hydrologic, water quality~ and meteorological conditions in Biscayne Aquifer, Biscayne Bay, nearby canals, and the atmosphere. Additionally, the model does not currently evaluate a CCS thermal balance, so CCS water temperatures observed during the historical period were employed to represent future thermal conditions.

Because external conditions and, especially, CCS water temperatures play a large role in inducing changes to CCS water levels and salinity, two baseline predictive scenarios were evaluated; each scenario is distinct in what historical data were used to represent future conditions. Predictive Scenario A assumes future conditions mimic those observed between November 1, 2010 and October 31,201 2. Conditions during this timeframe reflected normal weather patterns and were conducive to moderating CCS salinity. Predictive Scenario B assumes future conditions mimic those observed between November 1, 2013 and October 31, 2014, a time during which environmental conditions (e.g. precipitation, CCS water temperatures) reflected dry weather patterns and produced dramatic increases in CCS salinity. This 1-ycar timeframe was repeated to produce a 2-year predictive simulation. In both scenarios, the conditions observed during the first November (20 10, 2013) were repeated to create surrogate conditions for the last month (November 2016) of the 25-month predictive simulation.

Predicted water levels and salinities simulated by Scenario A are shown in Figure 2; Scenario B predictions are illustrated in Figure 3. Comparison of these figures reveals differences in how the CCS would respond to assumed future conditions. Predicted CCS salinity generally decreases over the 2~year timeframe under Scenario A, whereas CCS salinity generally rises during the 2-ycar predictive simulation under Scenario B. The reason for the disparity between these two predictive scenarios with respect to simulated salinity and water levels is, as previously TETRA TECH

Page 4

mentioned, the different historically observed external conditions and CCS water temperatmes assumed to persist over the next two years; Scenario A assumes conditions consistent with those observed between November 2010 and October 2012, whereas Scenario B assumes conditions consistent with the November 2013 through October 2014 timeframe occurring twice sequentially. Between November 2010 and October 2012, observed CCS salinities averaged 54.8 PSU and peaked at 68.2 PSU (at station TPSWCCS-6). Between November 2013 and October 2014, salinity in the CCS averaged 79.8 PSU and reached a peak of approximately 98.5 PSU (at station TPSWCCS-4). Water levels between November 2010 and October 2012 were generally higher than those between November 2013 and October 2014. It is clear from this comparison that environmental conditions during the first two year period were more effective at moderating CCS salinity than those conditions observed between November 2013 and October 2014.

Thus, construction and simulation of two predictive scenarios is predicated on two motivations.

First, predicted CCS water levels and salinity made with model Scenarios A and B will provide a range of anticipated conditions in the CCS in the near future. Predictions made with Scenario A will reflect environmental conditions that are conducive to relatively low and stable salinities in the CCS, whereas predictions made with Scenario B will reflect the deleterious conditions that can coerce the CCS into a new equilibrium with higher salinity and lower water levels. Second, the two predictive scenarios will help to elucidate the relative effectiveness of L-31 E water additions under different environmental conditions. Predictions with both scenarios will help to provide a realistic range of CCS salinity changes due to the proposed remedial measures. These salinity reduction measures and their respective outcomes are discussed below.

Simulation of L-31E Watea*

Determination ofAvailable Water In order to provide an estimate of potentially available water in L-31 E consistent with the two predictive scenarios, daily combined stormwater discharge volumes through S-2 1A, S-200, and S-20F into L-3 1E were determined for the historical periods that inform both Scenario A (November 2010 through October 201 2) and Scenario B (November 2013 through October 2014). The daily reservation flow volume (254 cfs) was then subtracted from the combined daily discharge. The resulting daily L-31 E flow volumes represent water that can potentially be added to the CCS as a salinity reduction measure. On days between June 1 and November 30 where the reservation flow exceeded combined daily discharge, it was assumed that no L-31 E water was available for allocation to the CCS. In addition to using historical L-31 E stormwater dischat*ge volumes, L-31 E salinities observed during the two historical timeframes were used to detine the assumed future salinity of L-31 E water added to the CCS.

In order to evaluate the effect of adding the excess L-31E stormwater water under different assumptions of availability, feasibility, and permitted allocations, three constraint criteria were applied to the excess flow volumes. These additional constraints defined a maximum daily volume of available L-31 E water that could be allocated to the CCS; the three constraint volumes evaluated are 30 MGD, 60 MOD, and 100 MGD. The 100 MOD constraint reflects a situation in which the volume of L-31E that can be allocated to the CCS is limited only by the withdrawal pump capacity. Of the three flow constraints, the 100 MGD constraint results in the greatest volume of water added to the CCS from L-31 E. Excess daily stormwater discharges to L-3 1E for the two historical periods evaluated, constrained to a maximum of 100 MOD, arc plotted in TETRA TECH

Page 5

Figure 4.

Simulation Results The addition of L"31 E flow volumes were modeled by the predictive water and salt balance models (both Scenario A and Scenario B). The modeled actions comprising the added water, and associated changes to simulated CCS conditions, were represented by incorporating the additional prescribed flow and associated mass into the daily water and salt balance equations, respectively. These modeled actions changed the simulated CCS water levels and salinities from the base model results in Figures 2 and 3. In general, simulated CCS water levels increased and simulated CCS salinities decreased relative to the base case predictive simulations.

The simulated water levels in each of the three added water assumptions, as well as the simulated water levels for the base case, for predictive Scenario A are plotted in Figure 5. The water levels associated with predictive Scenario Bare plotted in Figure 6. Both figures demonstrate that L-31 E water added to the CCS results in an increase in the CCS stage. Table 1 provides the average CCS water levels over the 25"month predictive timeframe for the base (no action) case and constrained L-31 E flow assumptions under both average and dry environmental conditions.

These results show that the average CCS stage increases by a maximum of0.22 feet and 0.18 feet for Scenarios A and B, respectively (both for the 100 MOD maximum L-31 E allocation).

Note that these averages are taken over the entire 25-month period and deviations in stage relative to the base case are more pronounced between June I and November 30 when L-3 1E water is permitted to be added to the CCS, as evident in Figures 5 and 6.

Table 1. 25-month averaged CCS water levels under different assumptions of L-31E additions (in feet, NA VD88)

Envil'Onmental Base Case Maximum of Maximum of Maximum of Conditions (No Action) 30MGD 60MGD lOOMGD Scenario A

-0.65 -0.57 -0.50 -0.43 (average)

Scenario B

-0.70 -0.63 -0.58 -0.52 (dry)

Simulated CCS salinities in response to the added L-31 E water, as well as the simulated salinities for the base case, for predictive Scenario A are plotted in Figure 7. The predicted salinities for Scenario B are plotted in Figure 8. Both figures demonstrate that more L-3 1E water added to the CCS results in a greater decrease in salinity. Table 2 provides the average CCS salinities over the 25-month predictive timeframe for the base (no action) case and the constrained L-31E flow assumptions under both average and dry environmental conditions. The greatest decrease in average salinity occurs when the L-31 E water added to the CCS is constrained only by the withdrawal pump capacity (maximum of 100 MOD). In this remedial case, the 25-month average salinity reduces by 28.7 PSU relative to the base case for Scenario A and by 61 PSU relative to the base case for Scenario B. As in the case of additional stage, these salinities are averaged over the entire 25-month predictive timeframe. The impact of added water on salinity is most TETRA TECH

Page 6

pronounced when the L-3 IE water is assumed to be added to the CCS (between June 1 and November 30).

Table 2. 25-month averaged CCS salinity under different assumptions of L-31 E additions (in PSU)

Envir-onmental Base Case Maximum of Maximum of Maximum of Conditions (No Action) 30MGD 60MGD 100 MGD r - -- - - - - -

Scenario A (average) 71.9 59.1 49.8 43.2 Scenario B 135.1 109.3 90.4 74.1 (dry)

Summary This analysis evaluates the effectiveness ofL-3lE discharge-based salinity reduction measures for the Turkey Point CCS. The transient water and salt balance developed for the Uprate Project was used in a predictive, forward looking, sense. Each remedial measure was modeled using two different assumptions for future conditions. The two scenarios provide a bound on expected responses and show any differences in effectiveness that result from using different future background conditions. Details regarding the reconfiguration of the model to simulate the two future conditions are presented in the memorandum.

This analysis suggests that the addition ofL-31E water to the CCS is an effective means of reducing CCS salinities over the predictive 2-year timeframe in light of both average and dry environmental conditions. One ofthe key reasons that L-31E water is so effective at ameliorating elevated CCS salinities is the fact that the addition of this water compensates for evaporative losses from the CCS. Because evaporation removes freshwater (and leaves suspended solids in the CCS), this outflow of water increases the salinity of the CCS. The addition of L-31 E water can help to replace freshwater lost to evaporation and keep salinity relatively low. This is particularly ttue during dry conditions where precipitation is low and freshwater inflows are more critical. The pronounced effect of L-31 E additions during dry conditions is illustrated in Figure 8 and Table 2.

Refet*ences Ecology and Environment, 2014, Turkey Point Plan Comprehensive Post-Uprate Monitoring Report: Unit 3 & 4 Uprate Project, Prepared for Florida Power & Light, August 2014.

TETRA TECH

Page 7 2.5

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~ 60 u 50 40 30 ~~*--,-~.~,--,-,-,--,-,~,~.~-.~,~,---,~,-r,-TO,~,-,~,-.,,,~J--,-,~,-,~,~ , ~.~,-,-,-,-,,~I ~I~I~'-.--,-0 Figure 1. Observed and simulated CCS water levels (top) and salinity (bottom) produced by the 50-month calibrated balance model TETRA TECH

PageS 200 180,-------~1------r*'------+-----~------~------~----~------~-

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Nov- 14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 II 1 -~

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Aug-16 Nov-16 Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May- 16 Figure 2. Predictions of salinity (top) and water level (bottom) for model Scenario A TETRA TECH

Page9 200 II 180 160 I

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Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 1

Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 Figure 3. Predictions of salinity (top) and water level (bottom) for model Scenario B TETRA TECH

Page 10 120 0

~ 100 cu 2!l 80 -

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0 Figure 4. Maximum allocatable L-3 IE stonnwater discharge for Scenario A (top) and Scenario B (bottom). Note: The predictive simulation begins in November 2014, though the flow allocations are not assumed to commence until June 2015.

T ETRA TECH

Page II 1 .....,.------1Normal Weather Scenario - Nov. 2010 to Oct. 20121

- - No Action

- - - - Max 30 MGD 0.5

- Max60MGD

- - Max 100 MGD Feb-15 May-15 Fieb-16

-1

-1.5 Figure 5. Simulated CCS water levels for predictive Scenario A base case and the constrained L-31E allocations TETRA T ECH

Page 12 1 joryWeatherScenario- Nov. 2013to Oct. 20141-------

- - No Action

- * *** Max 30 MGD 0.5 -:---- - !

- Max 60 MGD

- - Max 100 MGD co co 0

~ Feb-16 May-16 2 Feb-15 May-15 g

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-1.5 Figure 6. Simulated CCS water levels for predictive Scenario B base case and tho constrained L-31 E allocations T ETRA TECH

Page 13 INormal Weather Scenario- Nov. 2010 to Oct. 2012j

:: _L_

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160 l_ - - No Action

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Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 Figure 7. Simulated CCS salinities for predictive Scenario A base case and the constrained L-31E allocations TETRA TEC H

Page 14 200 )Dry Weat her Scenario - Nov. 2013 t o Oct. 2014j 180

,.*.. . Max 30 MGD 160 - Max 60 M GD

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L Nov-14

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Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 Figure 8. Simulated CCS salinities for predictive Scenario B base case and the constrained L-31E all ocations T ETRA TEC H

CERTIFICATION The work documented in this memorandum has been performed by or under the direct

~upervi~ion of the undersigned Florida Registered Professional Engineer. Either I or engineering staff working under my supervision completed all work described herein and I have expertise in the discipline used in the production of this document. This report has been prepared in accordance with commonly accepted procedures consistent with npplicuble standards of practice, and is not a guaranty or warmnty, either expressed or implied.

Principal Engineer Registered Professional Enginee1*

Florida License No. 62133 Date: 3 In lz 0 I'S

NOTICE OF RIGHTS As required by Sections 120.569(1 ), and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice.

Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which does or may affect their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119( 1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to fil e a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.

FILING INSTRUCTIONS The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted after October 1, 2014. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.

Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition.

o Filings by e-mail must be transmitted to the District Clerk's Office at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.

Rev.05/01/14 EXHIBIT E

INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Rules28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper.

All petitions shall contain:

1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known.

2. The name, address and telephone number of the petitioner and petitioner's representative, if any.

3. An explanation of how the petitioner's substantial interests will be affected by the agency decision.

4. A statement of when and how the petitioner received notice of the SFWMD's decision.

5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.

6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action.

7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action.

8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.

9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action.

A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

If the SFWMD takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law.

MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time.

RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the District Clerk within 30 days of rendering of the final SFWMD action.

Rev.05/01/14 2