ML19175A312

Declaration of Kenneth Rumelt in Support of Waiver Petition

ML19175A312
Person / Time
Site:	Turkey Point
Issue date:	06/24/2019
From:	Rumelt K Environmental & Natural Resources Law Clinic, Friends of the Earth, Vermont Law School
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML19175A306	List: ML19175A307 ML19175A309 ML19175A310 ML19175A311 ML19175A312
References
50-250-SLR, 50-251-SLR, ASLBP 18-957-01-SLR-BD01, RAS 55051
Download: ML19175A312 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

)

FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-250-SLR

) Docket No. 50-251-SLR (Turkey Point Nuclear Generating Station, Unit Nos. 3 )

and 4) ) June 24, 2019

)

DECLARATION OF KENNETH RUMELT, COUNSEL FOR FRIENDS OF THE EARTH, IN SUPPORT OF PETITION FOR WAIVER OF 10 C.F.R. §§ 51.53(C)(3) AND 51.71(D) AND 10 C.F.R. PART 51, SUBPART A, APPENDIX B As required by 10 C.F.R. § 2.335(b), I, Kenneth Rumelt, counsel for Intervenor Friends of the Earth in this matter, declare that the following statements are true and correct to the best of my knowledge.

1. On this date, Natural Resources Defense Council, Friends of the Earth, and Miami Waterkeeper (together Intervenors) filed a Petition for Waiver of 10 C.F.R. §§ 51.53(c)(3) and 51.71(d) and 10 C.F.R. Part 51, Subpart A, Appendix B (Petition for Waiver).

2. For Intervenors new contentions 6E and 7E, the strict application of 10 C.F.R. §§ 51.53(c)(3) and 51.71(d) and 10 C.F.R. Part 51, Subpart A, Appendix B, such that Intervenors would be prohibited from addressing new information regarding groundwater quality degradation (plants with cooling ponds in salt marshes) and water quality impacts on adjacent water bodies (plants with cooling ponds in salt marshes), would not serve the purposes for which the regulations were enacted. The analysis in the Draft Supplemental Environmental Impact Statement prepared for the subsequent license renewal application (DSEIS) of new

information regarding groundwater quality degradation (plants with cooling ponds in salt marshes) and water quality impacts on adjacent water bodies (plants with cooling ponds in salt marshes) is the first analysis to address this new information in this subsequent license renewal proceeding. Intervenors have not yet had an opportunity to review or challenge the sufficiency of this information. Preventing a petitioner from challenging the adequacy of analysis pertaining to new information would not serve the purposes for which sections 51.53(c)(3) and 51.71(d) and Appendix B were adopted.

3. Special circumstances exist that are unique to Turkey Point Units 3 and 4 and that were not considered in (1) the rulemaking proceeding limiting the scope of SEISs regarding subsequent license renewal or (2) the Generic Environmental Impact Statement prepared for subsequent license renewal proceedings. Turkey Point is the only nuclear generating unit that uses a cooling canal system. No other nuclear generating units cooling system has resulted in a hypersaline plume that has migrated through groundwater, threatening local drinking supplies.

The cooling canal system and the resulting environmental effects pose a significant threat to groundwater and adjacent surface water.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed in accord with 10 C.F.R. § 2.304(d).

Respectfully submitted,

/s/ Ken Rumelt Kenneth J. Rumelt Environmental & Natural Resources Law Clinic Vermont Law School 164 Chelsea Street, PO Box 96 South Royalton, VT 05068 802-831-1031

krumelt@vermontlaw.edu Counsel for Friends of the Earth June 24, 2019