ML20323A022
| ML20323A022 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 11/12/2020 |
| From: | Ayres R, Cox K, Fettus G, Reiser C, Rumelt K Ayres Law Group, Friends of the Earth, Miami Waterkeeper, Natural Resources Defense Council |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1870719, 20-1026 | |
| Download: ML20323A022 (6) | |
Text
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 1 of 6 ORAL ARGUMENT NOT YET SCHEDULED No. 20-1026 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT FRIENDS OF THE EARTH, NATURAL RESOURCES DEFENSE COUNCIL, INC., AND MIAMI WATERKEEPER, Petitioners, v.
UNITED STATES NUCLEAR REGULATORY COMMISSION AND UNITED STATES OF AMERICA, Respondents.
Petition for Review of a Final Order of the United States Nuclear Regulatory Commission SUPPLEMENT TO DEFERRED JOINT APPENDIX JA02015 TO JA02016 COUNSEL LISTED INSIDE November 12, 2020
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 2 of 6 RICHARD E. AYRES KELLY COX Ayres Law Group Miami Waterkeeper 2923 Foxhall Road, N.W. 2103 Coral Way 2nd Floor Washington, D.C. 20016 Miami, FL 33145 202-722-6930 305-905-0856 Counsel for Friends of the Earth Counsel for Miami Waterkeeper KENNETH J. RUMELT CAROLINE REISER Environmental Advocacy Clinic GEOFFREY FETTUS Vermont Law School Natural Resources Defense Council 164 Chelsea Street, PO Box 96 1152 15th Street, NW, Suite 300 South Royalton, VT 05068 Washington, DC 20005 802-831-1031 202-289-2371 Counsel for Friends of the Earth Counsel for Natural Resources Defense Council Counsel for Petitioners i
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 3 of 6 TABLE OF CONTENTS Record Materials Date Description Page 12/10/2019 Subsequent License Renewal and Record of JA02015 Decision, 84 Fed. Reg. 67,482 ii
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 4 of 6 67482 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices October 31, 2018 (ADAMS Package In July 2019, the NRC provided the NRC about the availability of Accession No. ML18267A257), the staff NMED with the opportunity to review information regarding this document.
consulted with the New Mexico the draft EA (ADAMS Accession No. You may obtain publicly- available Department of Game and Fish (NMDGF) ML19196A071) and requested NMED information related to this document and asked them to concur with the input. On August 12, 2019 the NMED using any of the following methods:
determination that the proposed action responded by email (ADAMS Accession
- Federal Rulemaking Website: Go to was not the type to affect threatened or No. ML19225B308) that they had https://www.regulations.gov/ and search endangered species or their critical reviewed the draft EA with one for Docket ID NRC-2018-0101. Address habitats, assuming they were present. comment and no other concerns with questions about NRC dockets to Jennifer The NMDGF replied by letter dated the NRCs EA findings. The NRC Borges; telephone: 301-287-9127; December 3, 2018 and indicated that, in addressed NMEDs comment in the final email: Jennifer.Borges@nrc.gov. For 2016, a dozen migratory bird fatalities EA (ADAMS Accession Number technical questions contact the occurred at one of the evaporation ML19263C623). individual listed in the FOR FURTHER ponds on the Grants site. As a follow- INFORMATION CONTACT section of this III. Finding of No Significant Impact up to their response the NRC staff called document.
the NMDGF to clarify that the pond in In accordance with the requirements
- NRCs Agencywide Documents question is not part of the current in 10 CFR part 51, the NRC staff has Access and Management System licensing action and that the NRC would concluded that the proposed action will (ADAMS): You may access publicly-on their recommendation contact the not significantly affect the quality of the available documents online in the USFWS. In March 2019, the NRC spoke human environment. Therefore, the staff ADAMS Public Documents collection at with the USFWS to better understand finds, pursuant to 10 CFR 51.31, that https://www.nrc.gov/reading-rm/
whether their concerns extended to preparation of an environmental impact adams.html. To begin the search, select threatened and endangered species. statement is not required for the Begin Web-based ADAMS Search. For During that call, the USFWS indicated proposed action, and that a FONSI is problems with ADAMS, please contact that in 2016 they contacted HMC and appropriate. the NRCs Public Document Room (PDR) provided suggestions for preventing Dated at Rockville, Maryland, this 4th day reference staff at 1-800-397-4209, 301-migratory bird deaths. The contact at of December 2019. 415-4737, or by email to pdr.resource@
USFWS Region 2 is unaware of For the Nuclear Regulatory Commission. nrc.gov. The ADAMS accession number additional migratory bird deaths or Cinthya I. Roman-Cuevas, for each document referenced (if it is whether threatened or endangered Chief, Environmental Review Materials available in ADAMS) is provided the species were included among the dead Branch Division of Fuel Cycle Safety, first time that it is mentioned in this birds at the Grants site. Safeguards, and Environmental Review Office document.
Section 106 of the National Historic of Nuclear Material Safety, and Safeguards.
- NRCs PDR: You may examine and Preservation Act of 1966, as amended, [FR Doc. 2019-26493 Filed 12-9-19; 8:45 am] purchase copies of public documents at requires federal agencies to consider the BILLING CODE 7590-01-P the NRCs PDR, Room O1-F21, One effects of their undertakings on historic White Flint North, 11555 Rockville properties. The NRCs approval of this Pike, Rockville, Maryland 20852.
license amendment request constitutes a NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT:
federal undertaking. However, the NRC COMMISSION William Burton, Office of Nuclear staff has determined that the scope of
[Docket Nos. 50-250 and 50-251; NRC- Reactor Regulation, U.S. Nuclear activities described in this license 2018-0101] Regulatory Commission, Washington, amendment request do not have the DC 20555-0001; telephone: 301-415-potential to cause effects on historic Florida Power & Light Company; 6332, email: William.Burton@nrc.gov.
properties, assuming those were Turkey Point Nuclear Generating Unit present, because the NRCs approval of SUPPLEMENTARY INFORMATION: Notice is Nos. 3 and 4 this license request will not result in hereby given that the NRC has issued construction or land disturbance AGENCY: Nuclear Regulatory Subsequent Renewed Facility Operating activities. Commission. License Nos. DPR-31 and DPR-41 to The NRC staff also consulted with the ACTION: Subsequent License Renewal Florida Power & Light Company (FPL or NMSHPO by letter dated September 21, and record of decision. licensee), the operator of Turkey Point 2018 (ADAMS Accession No. Nuclear Generating Unit Nos. 3 and 4 ML18232A151). The NMSHPO
SUMMARY
- The U.S. Nuclear Regulatory (Turkey Point). Subsequent Renewed responded by email dated October 16, Commission (NRC) has issued Facility Operating License No. DPR-31 2018, stating that they agreed with a Subsequent Renewed Facility Operating authorizes operation of Turkey Point finding of no adverse effect for the License Nos. DPR-31 and DPR-41 to Unit 3 through July 19, 2052, by the proposed action and also recommended Florida Power & Light Company (FPL or licensee at reactor core power levels not by letter dated November 13, 2018, that licensee), operator of the Turkey Point in excess of 2,644 megawatts thermal, in the NRC consult six Tribes: Hopi of Nuclear Generating Unit Nos. 3 and 4 accordance with the provisions of the Arizona, Navajo Nation, Pueblo of (Turkey Point). The NRC has prepared Turkey Point 3 operating license and Acoma, Pueblo of Isleta, Pueblo of a record of decision (ROD) that supports technical specifications. Subsequent Laguna, and Pueblo of Zuni (ADAMS the NRCs decision to issue Subsequent Renewed Facility Operating License No.
Package Accession No. ML18233A143). Renewed Facility Operating License DPR-41 authorizes operation of Turkey By letter dated November 13, 2018, the Nos. DPR-31 and DPR-41. Point Unit 4 through April 10, 2053, by jbell on DSKJLSW7X2PROD with NOTICES NRC sent a consultation letter to the six DATES: The Subsequent Renewed the licensee at reactor core power levels Tribes explaining the activities involved Facility Operating License Nos. DPR-31 not in excess of 2,644 megawatts in the proposed action and the and DPR-41 were issued on December thermal, in accordance with the preliminary determination of no 4, 2019. provisions of the Turkey Point 4 potential to effect historic properties, ADDRESSES: Please refer to Docket ID operating license and technical assuming they were present. NRC-2018-0101 when contacting the specifications. The NRCs ROD that VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1 JA02015
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 5 of 6 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices 67483 supports the NRCs decision to issue A public notice of the NRCs Week of December 9, 2019 Subsequent Renewed Facility Operating consideration of the subsequent There are no meetings scheduled for License Nos. DPR-31 and DPR-41 is renewed license application and an the week of December 9, 2019.
available in ADAMS under Accession opportunity for a hearing was published No. ML19309F859. in the Federal Register on May 2, 2018 Week of December 16, 2019Tentative As discussed in the ROD and the final (83 FR 19304). Requests for hearing Tuesday, December 17, 2019 supplemental environmental impact were filed, and an adjudicatory statement (FSEIS) for Turkey Point, proceeding was then initiated. All 10:00 a.m. Briefing on Equal entitled Supplement 5, Second contested issues were subsequently Employment Opportunity, Renewal, to NUREG-1437, Generic decided by an NRC Atomic Safety and Affirmative Employment, and Small Environmental Impact Statement for Licensing Board (Board) and Business (Public Meeting); (Contact:
License Renewal of Nuclear Plants proceedings before the Board have Larniece McKoy Moore: 301-415-Regarding Subsequent License Renewal terminated; appeals from the Boards 1942).
for Turkey Point Nuclear Generating decisions are pending before the This meeting will be webcast live at Unit Nos. 3 and 4, Final Report, dated Commission. The ASLBs decisions the Web addresshttps://www.nrc.
October 2019 (ADAMS Accession No. have not been stayed pending gov/.
ML19290H346), the NRC has considered Commission review, and issuance of the the reasonably foreseeable impacts of subsequent renewed licenses is Week of December 23, 2019Tentative subsequent license renewal for Turkey therefore permissible. The NRC staff has There are no meetings scheduled for Point Units 3 and 4, as well as a range determined that issuance of the the week of December 23, 2019.
of reasonable alternatives that included subsequent renewed licenses prior to natural gas combined-cycle (NGCC); Commission action on the pending Week of December 30, 2019Tentative NGCC and solar photovoltaic appeals would not foreclose or There are no meetings scheduled for combination; new nuclear; and the no- prejudice any action by the the week of December 30, 2019.
action alternative. In addition, the staff Commission.
evaluated the use of mechanical draft For further details with respect to this Week of January 6, 2020Tentative cooling towers as a cooling water system action, see: (1) FPLs subsequent license There are no meetings scheduled for alternative to the existing Cooling Canal renewal application for Turkey Point the week of January 6, 2020.
System (CCS). This analysis compared Units 3 and 4, dated January 30, 2018 the environmental impacts of the (ADAMS Package Accession No. Week of January 13, 2020Tentative closed-cycle cooling system approach ML18037A812), and the above cited There are no meetings scheduled for with the existing CCS. The FSEIS supplements; (2) the NRCs safety the week of January 13, 2020.
documents the environmental review, evaluation report published on July 22, including the determination that the 2019 (ADAMS Accession No. CONTACT PERSON FOR MORE INFORMATION:
adverse environmental impacts of ML19191A057); (3) the NRCs final For more information or to verify the subsequent license renewal for Turkey environmental impact statement status of meetings, contact Denise Point are not so great that preserving the (NUREG-1437, Supplement 5, Second McGovern at 301-415-0681 or via email option of subsequent license renewal for Renewal) for Turkey Point Units 3 and at Denise.McGovern@nrc.gov. The energy-planning decisionmakers would 4, dated on October 2019 (ADAMS schedule for Commission meetings is be unreasonable. Accession No. ML19290H346); and (4) subject to change on short notice.
The Turkey Point nuclear units are the NRCs ROD, issued on December 4, The NRC Commission Meeting located in Miami-Dade County, east of 2019 (ADAMS Accession No. Schedule can be found on the internet Florida City, Florida. Each unit consists ML19309F859). at: https://www.nrc.gov/public-involve/
of a Westinghouse pressurized-water public-meetings/schedule.html.
Dated at Rockville, Maryland, this 4th day reactor nuclear steam supply system. of December 2019. The NRC provides reasonable The application for the subsequent For the Nuclear Regulatory Commission accommodation to individuals with renewed licenses dated January 30, 2018 disabilities where appropriate. If you Anna H. Bradford, (ADAMS Package Accession No. need a reasonable accommodation to Director, Division of New and Renewed ML18037A812), as supplemented by participate in these public meetings or Licenses, Office of Nuclear Reactor letters dated February 9, 2018 (ADAMS Regulation. need this meeting notice or the Accession No. ML18044A653); February transcript or other information from the
[FR Doc. 2019-26500 Filed 12-9-19; 8:45 am]
16, 2018 (ADAMS Package Accession public meetings in another format (e.g.,
BILLING CODE 7590-01-P No. ML18053A123); March 1, 2018 braille, large print), please notify Anne (ADAMS Package Accession No. Silk, NRC Disability Program Specialist, ML18072A224); and April 10, 2018 NUCLEAR REGULATORY at 301-287-0745, by videophone at (ADAMS Accession No. ML18102A521 COMMISSION 240-428-3217, or by email at and ADAMS Package Accession No. Anne.Silk@nrc.gov. Determinations on ML18113A132). The NRC staff has requests for reasonable accommodation
[NRC-2019-0001] will be made on a case-by-case basis.
determined that the application, as supplemented, complies with the Sunshine Act Meetings Members of the public may request to standards and requirements of the receive this information electronically.
Atomic Energy Act of 1954, as amended TIME AND DATE: Weeks of December 9, If you would like to be added to the jbell on DSKJLSW7X2PROD with NOTICES (the Act), and the NRCs regulations. As 16, 23, 30, 2019, January 6, 13, 2020. distribution, please contact the Nuclear required by the Act and the NRCs Regulatory Commission, Office of the regulations in chapter 1 of title 10 of the PLACE:Commissioners Conference Secretary, Washington, DC 20555 (301-Code of Federal Regulations (10 CFR), Room, 11555 Rockville Pike, Rockville, 415-1969), or by email at the NRC has made appropriate findings, Maryland. Wendy.Moore@nrc.gov or Tyesha.Bush@
which are set forth in the license. STATUS: Public. nrc.gov.
VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1 JA02016
USCA Case #20-1026 Document #1870719 Filed: 11/12/2020 Page 6 of 6 CERTIFICATE OF SERVICE I certify that on November 12, 2020 I electronically filed the foregoing Supplement to Deferred Joint Appendix with the Clerk of the Court for the United States Court of Appeals for the District of Columbia Circuit using the appellate CM/ECF system.
I certify that all participants in this case are registered CM/ECF users and service will be accomplished by the CM/ECF system.
November 12, 2020 /s/ Caroline Reiser Caroline Reiser Natural Resources Defense Council 1152 15th Street, NW, Suite 300 Washington, DC 20005 202-717-8341 creiser@nrdc.org