ML16048A172
| ML16048A172 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 02/17/2016 |
| From: | Michael Gibson Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 50921 | |
| Download: ML16048A172 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) February 17, 2016 ORDER (Adopting Transcript Corrections and Closing Evidentiary Record)
On January 11-12, 2016, the Board held an evidentiary hearing in Homestead, Florida, on the sole admitted contention in this license amendment proceeding.1 Following the Boards request, Florida Power and Light Company and the NRC Staff have jointly proposed transcript corrections for the evidentiary hearing.2 The corrections adopted by the Board are listed in Appendix A to this Order. The Board rejects eight of the proposed corrections, however, because the transcript accurately reflects what was stated at the hearing.3 The purpose of transcript corrections is solely to correct errors the court reporter made during the transcription process, not to revise a misstatement by a witness.4 If the parties wish to correct witness 1 Tr. at 259-571.
2 Joint Proposed Transcript Corrections (Feb. 9, 2016); CASE Statement on Transcript Corrections (Feb. 9, 2016) (not objecting to proposed corrections); see Tr. at 564-65.
3 Tr. at 365:13 (pulling); Tr. at 366:1 (temperature); Tr. at 424:22 (EPA); Tr. at 447:4 (real rule); Tr. at 447:6 (I normally say); Tr. at 484:24 (calling); Tr. at 484:25 (calling); Tr. at 500:19-20 (If you).
4 Tr. at 565 (With regard to transcript corrections, when you do submit them, please note that this is not to correct an error that your witness may have said by misspeaking. It is solely to correct an error that our court reporter made in transcribing.).
misstatements, they should do so in their proposed findings of fact and conclusions of law.5 The transcript of the evidentiary hearing, as corrected, constitutes the official record of events at the evidentiary hearing.6 Having corrected the transcript, the Board hereby closes the evidentiary record for this proceeding. Proposed findings of facts and conclusions of law are due on March 18, 2016.7 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 17, 2016 5 The Board notes that Chairman Gibson referred to an EPA action at the hearing. While he obviously meant to say NRC action, it was his misstatement, not an incorrect transcription by the Court reporter. See Tr. at 424:22 (EPA).
6 10 C.F.R. § 2.327(b), (d).
7 10 C.F.R. § 2.1209; see 10 C.F.R. § 2.712(c) (Proposed findings of fact must be clearly and concisely set forth in numbered paragraphs and must be confined to the material issues of fact presented on-the-record, with exact citations to the transcript of record and exhibits in support of each proposed finding. Proposed conclusions of law must be set forth in numbered paragraphs as to all material issues of law or discretion presented on-the-record. An intervenors proposed findings of fact and conclusions of law must be confined to issues which that party placed in controversy or sought to place in controversy in the proceeding.).
Appendix A Page Line(s) Correction 282 14 Change Harris to Hamrick 311 4 Change post-up-rate to post-uprate 315 22 Change Dr. Stoddard to Mr. Bolleter 316 9 Change maybe to may be seeing 333 7 Change environment to environmental 333 23 Change Klett to Grange 362 11 Change behind to behind that 362 11 Change standpoint to standpoint, 362 19 Change plan to plan, 371 5 Change discussed to discussion 388 1 Change up-rate to uprate 405 11 Change fluctuations to fluctuation 408 12 Change function the to function of the 408 17 Change day to data 410 6 Change There was algae bloom. to There was an algae bloom.
411 3 Change on to and 411 17 Change know to now 413 20 Change sync to sink 414 16 Change was much to was in a much 415 12 Change enzyme to intake 417 2 Change exchange to exchanger
422 7 Change some saline to somesome Change there is still the frequency of temperatures to there is 425 25 still the frequency of temperatures 426 21 Change in-lined to unlined 428 5 Change understand to understanding 430 4 Change EUP to EPU 438 25 Change effect to affect 445 12 Change 1000 per liter to 1000 milligrams per liter 447 6-7 Change: 2P issue to 2 PSU 461 18 Change heat exchange or to heat exchanger 462 20 Change that went to that it went 462 22 Change that to the 463 3 Change then that to then the 466 25 Change in to and 466 25 Change Im before to Before 477 24 Change allowed to be allowed to we asked to be allowed Change resources impact Biscayne Bay to resources or impact 482 14 Biscayne Bay 485 8 Change to that to so that 485 14 Change is that to is that it is 485 24 Change it. You know one, to it, you know, when 495 24 Change aquifer withdrawing to aquifer of withdrawing 495 25 Change mostly marked to most markedly 496 7 Change is that lower to does that lowering
497 23 Change feed to feet 499 21 Change it the state to it to the state 500 21 Change if to is 506 8-9 Change is the estuary stock portion to in the estuary portion 507 14 Change determine to determined 510 4 Change like two or three to LIC-203 517 18 Change is to are 517 22 Change then to the 520 23 Change ML-020280119 to ML020280119 529 6 Change in to and 529 24 Change small plants to small at plants 533 17 Change is to are 536 17 Change equal agreement to equilibrium 552 3 Change is to are 557 25 Change 2.3-150 to 2.3-50 558 16 Change the accommodation to combination 565 7 Change Blair to Hamrick 565 14 Change Blair to Hamrick 565 20 Change Bolleter to Hamrick 568 17 Change Blair to Hamrick
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 )
Units 3 & 4)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Adopting Transcript Corrections and Closing Evidentiary Record) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-15 D21 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.
David Roth, Esq.
Dr. William W. Sager Edward Williamson, Esq.
Administrative Judge Catherine Kanatas, Esq.
E-mail: william.sager@nrc.gov Christina England, Esq.
Daniel Straus, Esq.
Nicole Pepperl, Law Clerk Matthew Ring, Esq.
E-mail: nicole.pepperl@nrc.gov John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov Jennifer Scro, Law Clerk david.roth@nrc.gov E-mail: jennifer.scro@nrc.gov edward.williamson@nrc.gov catherine.kanatas@nrc.gov christina.england@nrc.gov U.S. Nuclear Regulatory Commission daniel.straus@nrc.gov Office of Commission Appellate Adjudication matthew.ring@nrc.gov Mail Stop: O-7H4 john.tibbetts@nrc.gov Washington, DC 20555-0001 ocaamail@nrc.gov
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA ORDER (Adopting Transcript Corrections and Closing Evidentiary Record)
Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE) 700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net Erin Walkowiak, Esq.
E-mail: william.blair@fpl.com E-mail: erin.walkowiak@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 17th day of February, 2016 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of Docket Nos. 50-250-LA and 50-251-LA FLORIDA POWER & LIGHT COMPANY ASLBP No. 15-935-02-LA-BD01 (Turkey Point Nuclear Generating, Units 3 and 4) February 17, 2016 ORDER (Adopting Transcript Corrections and Closing Evidentiary Record)
On January 11-12, 2016, the Board held an evidentiary hearing in Homestead, Florida, on the sole admitted contention in this license amendment proceeding.1 Following the Boards request, Florida Power and Light Company and the NRC Staff have jointly proposed transcript corrections for the evidentiary hearing.2 The corrections adopted by the Board are listed in Appendix A to this Order. The Board rejects eight of the proposed corrections, however, because the transcript accurately reflects what was stated at the hearing.3 The purpose of transcript corrections is solely to correct errors the court reporter made during the transcription process, not to revise a misstatement by a witness.4 If the parties wish to correct witness 1 Tr. at 259-571.
2 Joint Proposed Transcript Corrections (Feb. 9, 2016); CASE Statement on Transcript Corrections (Feb. 9, 2016) (not objecting to proposed corrections); see Tr. at 564-65.
3 Tr. at 365:13 (pulling); Tr. at 366:1 (temperature); Tr. at 424:22 (EPA); Tr. at 447:4 (real rule); Tr. at 447:6 (I normally say); Tr. at 484:24 (calling); Tr. at 484:25 (calling); Tr. at 500:19-20 (If you).
4 Tr. at 565 (With regard to transcript corrections, when you do submit them, please note that this is not to correct an error that your witness may have said by misspeaking. It is solely to correct an error that our court reporter made in transcribing.).
misstatements, they should do so in their proposed findings of fact and conclusions of law.5 The transcript of the evidentiary hearing, as corrected, constitutes the official record of events at the evidentiary hearing.6 Having corrected the transcript, the Board hereby closes the evidentiary record for this proceeding. Proposed findings of facts and conclusions of law are due on March 18, 2016.7 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 17, 2016 5 The Board notes that Chairman Gibson referred to an EPA action at the hearing. While he obviously meant to say NRC action, it was his misstatement, not an incorrect transcription by the Court reporter. See Tr. at 424:22 (EPA).
6 10 C.F.R. § 2.327(b), (d).
7 10 C.F.R. § 2.1209; see 10 C.F.R. § 2.712(c) (Proposed findings of fact must be clearly and concisely set forth in numbered paragraphs and must be confined to the material issues of fact presented on-the-record, with exact citations to the transcript of record and exhibits in support of each proposed finding. Proposed conclusions of law must be set forth in numbered paragraphs as to all material issues of law or discretion presented on-the-record. An intervenors proposed findings of fact and conclusions of law must be confined to issues which that party placed in controversy or sought to place in controversy in the proceeding.).
Appendix A Page Line(s) Correction 282 14 Change Harris to Hamrick 311 4 Change post-up-rate to post-uprate 315 22 Change Dr. Stoddard to Mr. Bolleter 316 9 Change maybe to may be seeing 333 7 Change environment to environmental 333 23 Change Klett to Grange 362 11 Change behind to behind that 362 11 Change standpoint to standpoint, 362 19 Change plan to plan, 371 5 Change discussed to discussion 388 1 Change up-rate to uprate 405 11 Change fluctuations to fluctuation 408 12 Change function the to function of the 408 17 Change day to data 410 6 Change There was algae bloom. to There was an algae bloom.
411 3 Change on to and 411 17 Change know to now 413 20 Change sync to sink 414 16 Change was much to was in a much 415 12 Change enzyme to intake 417 2 Change exchange to exchanger
422 7 Change some saline to somesome Change there is still the frequency of temperatures to there is 425 25 still the frequency of temperatures 426 21 Change in-lined to unlined 428 5 Change understand to understanding 430 4 Change EUP to EPU 438 25 Change effect to affect 445 12 Change 1000 per liter to 1000 milligrams per liter 447 6-7 Change: 2P issue to 2 PSU 461 18 Change heat exchange or to heat exchanger 462 20 Change that went to that it went 462 22 Change that to the 463 3 Change then that to then the 466 25 Change in to and 466 25 Change Im before to Before 477 24 Change allowed to be allowed to we asked to be allowed Change resources impact Biscayne Bay to resources or impact 482 14 Biscayne Bay 485 8 Change to that to so that 485 14 Change is that to is that it is 485 24 Change it. You know one, to it, you know, when 495 24 Change aquifer withdrawing to aquifer of withdrawing 495 25 Change mostly marked to most markedly 496 7 Change is that lower to does that lowering
497 23 Change feed to feet 499 21 Change it the state to it to the state 500 21 Change if to is 506 8-9 Change is the estuary stock portion to in the estuary portion 507 14 Change determine to determined 510 4 Change like two or three to LIC-203 517 18 Change is to are 517 22 Change then to the 520 23 Change ML-020280119 to ML020280119 529 6 Change in to and 529 24 Change small plants to small at plants 533 17 Change is to are 536 17 Change equal agreement to equilibrium 552 3 Change is to are 557 25 Change 2.3-150 to 2.3-50 558 16 Change the accommodation to combination 565 7 Change Blair to Hamrick 565 14 Change Blair to Hamrick 565 20 Change Bolleter to Hamrick 568 17 Change Blair to Hamrick
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 )
Units 3 & 4)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Adopting Transcript Corrections and Closing Evidentiary Record) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the Secretary of the Commission Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Michael M. Gibson, Chair Administrative Judge E-mail: michael.gibson@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Dr. Michael F. Kennedy Mail Stop: O-15 D21 Administrative Judge Washington, DC 20555-0001 E-mail: michael.kennedy@nrc.gov Brian Harris, Esq.
David Roth, Esq.
Dr. William W. Sager Edward Williamson, Esq.
Administrative Judge Catherine Kanatas, Esq.
E-mail: william.sager@nrc.gov Christina England, Esq.
Daniel Straus, Esq.
Nicole Pepperl, Law Clerk Matthew Ring, Esq.
E-mail: nicole.pepperl@nrc.gov John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov Jennifer Scro, Law Clerk david.roth@nrc.gov E-mail: jennifer.scro@nrc.gov edward.williamson@nrc.gov catherine.kanatas@nrc.gov christina.england@nrc.gov U.S. Nuclear Regulatory Commission daniel.straus@nrc.gov Office of Commission Appellate Adjudication matthew.ring@nrc.gov Mail Stop: O-7H4 john.tibbetts@nrc.gov Washington, DC 20555-0001 ocaamail@nrc.gov
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA ORDER (Adopting Transcript Corrections and Closing Evidentiary Record)
Florida Power & Light Company Citizens Allied for Safe Energy, Inc. (CASE) 700 Universe Blvd. 10001 SW 129 Terrace Juno Beach, Florida 33408 Miami, FL 33176 Nextera Energy Resources Barry J. White William Blair, Esq. E-mail: bwtamia@bellsouth.net Erin Walkowiak, Esq.
E-mail: william.blair@fpl.com E-mail: erin.walkowiak@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 17th day of February, 2016 2