ML23031A199

Nd 4 Environmental Remote Audit Requests for Confirmation of Information

ML23031A199
Person / Time
Site:	Turkey Point
Issue date:	02/01/2023
From:	Lance Rakovan NRC/NMSS/DREFS/ELRB
To:
Shared Package
ML23031A190	List: ML23031A193 ML23031A199
References
EPID L-2021-SLE-0002
Download: ML23031A199 (1)

Text

TURKEY POINT NUCLEAR GENERATING STATION, UNITS 3 AND 4 ENVIRONMENTAL REMOTE AUDIT REQUESTS FOR CONFIRMATION OF INFORMATION

Regulatory Basis:

Licensees are required by title 10 of the Code of Federal Regulations (10 CFR) part 51.53(c)(1) to submit with its application a separate document entitled "Applicant's Environmental Report Operating License Renewal Stage.The U.S. Nuclear Regulatory Commissions (NRC) regulations at 10 CFR part 51, which implement section 102(2) of the National Environmental Policy Act of 1969, as amended (NEPA), include requirements for applicants to provide information as may be useful in aiding the NRC staff in complying with NEPA. As part of its review, theNRC staff is required to prepare a site-specific Supplemental Environmental Impact Statement (SEIS) to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants. Review guidance for the staff is provided in NUREG-1555, supplement 1, revision 1, Standard Review Plans for Environmental Reviews for Nuclear Power Plants: Supplement 1 - Operating License Renewal.

Request for Confirmation of Information:

During the environmental audit, the NRC staff reviewed documents that were made available on the applicants electronic information portal in response to the staff audit needs. The staff also participated in breakout sessions for each resource area with applicant personnel to gather information that will likely be used in the SEIS. To the best of the staffs knowledge, this information on the applicants electronic information portal and discussed in breakout sessions is not currently on the docket or publicly accessible. The NRC staff requests that the applicant submits confirmation that the information gathered during the audit and listed below is correct or provides the associated corrected information.

1) Info Need GEN-3

Please confirm that there have been no reportable inadvertent nonradioactive releases that would be classified as an incidental spill and would trigger a notification requirement since Florida Power and Lights (FPLs) most recent environmental request for additional information (RAI) responses dated August 8, 2018 (ML18247A509) through the audit exit date of January 6, 2023.

2) Info Need AQN-4

Please confirm that there are no known field tests concerning ozone and nitrogen oxides emissions generated by FPL 230 kV in-scope transmission lines.

3) Info Need AQN-new

Please confirm that the following reflects the current status of Turkey Points Clean Air Act Title V permits, as discussed during the audit:

Combined Turkey Point Units 3, 4, and 5 are considered one facility for purposes of the Prevention of Significant Deterioration permitting program and Title V operating permits. However, FPL operates these units under two separate Title V permits:

o one for fossil fuel Unit 5 (Permit 0250003-032-AV) (Unit 1, which has been retired, was deleted from the permit upon its renewal in November 2018), and o one for nuclear Units 3 and 4 (Permit 0250003-033-AV).

The Florida Department of Environmental Protection (FDEP) issued Title V Air Operation Permit 0250003-033-AV for Turkey Point Units 3 and 4 in May 2020, which will expire in 2023. In September 2022, FPL submitted an application to renew this air operation permit for five years. In November 2002, FDEP issued a notice of intent to issue Air Operation Permit 0250003-036-AV for Units 3 and 4. A similar process is being used for fossil fuel Unit 5.

4) Info Need AQ-1

In the NRCs 2019 final supplemental environmental impact statement (FSEIS) regarding Turkey Point subsequent license renewal, the NRC staff characterized the cooling canal system (CCS) as an algal-based, phosphorus-limited system such that the algae life cycle primarily dictated the movement of nutrients in and out of the water column. Since that time, the NRC staff understands that FPLs continued implementation of its Nutrient Management Plan, a requirement of the 2016 Consent Order between FPL and the State of Florida, has improved CCS conditions. FPLs recent monitoring results under this plan indicate that the CCS is no longer in a state of eutrophication. Total nitrogen and total phosphorus collected at CCS monitoring stations from April 2019 through September 2022 show low total phosphorus concentrations (ranging from between 0.01 to 0.05 mg/L) and a significant decline in total nitrogen. Dissolved oxygen concentrations averaged 5.0 mg/L from October 2020 through June 2022. Since September 2021, FPL has documented a clear decreasing trend in chlorophyll-a concentrations, decreased turbidity, and increased water clarity, all of which parallel a decline in algae concentrations. Seagrass plantings have also facilitated these improved conditions.

5) Info Need ALT-1

Please confirm the continued validity of the technical bases presented in FPL's January 18, 2018, subsequent license renewal (SLR) environmental report (ER) and FPL's response to the 2018 SLR ER RAIs used to support the identification of reasonable replacement power alternatives to license renewal of Turkey Point Nuclear Plant Units 3 and 4.

6) Info Need SOC-3

In response to an RAI (ML18247A509), FPL identified that in addition to property tax payments, FPL pays sales tax to Miami-Dade County for purchases. In 2017 that amount totaled approximately $224,000 in sale taxes to Miami-Dade County from Turkey Point operation expenses. During the environmental audit, Socioeconomic breakout session, and in response to information need SOC-3, FPL stated that the total 2021 sales tax paid to Miami-Dade County for Turkey Point Units 3 and 4 was approximately $334,000. Please confirm that in 2021 FPL paid $334,000 in sales to Miami-Dade County from Turkey Point Units 3 and 4 operation expenses.

7) Info Need SOC-4

During the environmental audit, Socioeconomic breakout session, and in response to information need SOC-4, FPL stated that during Turkey Point Units 3 and 4 outages, the site staff is split into two 12-hr shifts and during non-outage periods, the Operations Department works three 8-hr shifts. Please confirm that during outages site staff is split into two 12-hr shifts and during routine operations, the Operations Department works in three 8-hr shifts.

TURKEY POINT NUCLEAR GENERATING STATION, UNITS 3 AND 4 ENVIRONMENTAL REMOTE AUDIT REQUESTS FOR ADDITIONAL INFORMATION

1) Info Need GEN-1

REQUIREMENT: Title 10 of the Code of Federal Regulations (10 CFR) part 51.53(c)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.

ISSUE: In 2019, the NRC staff issued Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Second Renewal, Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4, Final Report (NUREG-1437, Supplement 5, Second Renewal) (FSEIS) (ML19290H346). The NRC staff is now preparing a site-specific environmental impact statement (EIS) in accordance with Commission Legal Issuance (CLI)-22-02 and CLI-22-03, both dated February 24, 2022, that considers the site-specific environmental impacts of subsequent license renewal (SLR) of Turkey Point. Table B-2 of the FSEIS, Operating Permits and Other Requirements, lists the permits and licenses issued by Federal, State, and local authorities for activities at Turkey Point, as identified in chapter 9 of Florida Power & Light Companys (FPLs) environmental report submitted as part of its subsequent license renewal application. As part of preparing this site-specific EIS, the staff must consider whether there have been any changes to operating permits or other requirements following the issuance of the FSEIS that could affect the conclusions made in the FSEIS.

REQUEST: Please provide any relevant updates to Table B-2 of the FSEIS that have transpired since it was issued in October 2019. If any permits have expired since submitting the license renewal application to the U.S. Nuclear Regulatory Commission (NRC), please provide the status of those permits and/or renewals.

2) Info Need GEN-2

REQUIREMENT: 10 CFR 51.53(c)(3)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware; 10CFR20.1406(c) requires licensees, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in subpart B and radiological criteria for license termination in subpart E of this part; and 10 CFR 51.53(c)(3)(ii)(P) which requires that an applicant shall assess the impact of any documented inadvertent releases of radionuclides into groundwater. The applicant shall include in its assessment a description of any groundwater protection program used for the surveillance of piping and components containing radioactive liquids for which a pathway to groundwater may exist. The assessment must also include a description of any past inadvertent releases and the projected impact to the environment (e.g., aquifers, rivers, lakes, ponds, ocean) during the license renewal term.

ISSUE: In the 2019 FSEIS, the NRC staff analyzed certain environmental issues as site-specific (Category 2) issues. The staff is now preparing a site-specific EIS in accordance with CLI-22-02 and CLI-22-03, both dated February 24, 2022, that considers the site-specific environmental impacts of SLR of Turkey Point on those issues dispositioned as generic (Category 1) issues in Table B-1 in appendix B to subpart A of 10 CFR part 51 and the FSEIS. As part of preparing this site-specific EIS, the staff must consider whether any significant new information has arisen following the issuance of the FSEIS that could affect the conclusions made in the FSEIS for Category 2 issues.

REQUEST: Please provide dates, quantities, and references for any documented unplanned releases of radioactive materials (unplanned/ inadvertent radioactive liquid or gaseous releases) since FPLs most recent environmental request for additional information (RAI) responses dated August 8, 2018 (ML18247A509) as discussed during the most recent audit held December 12 & 13, 2022. In your response, please include a summary of whether or not these releases impact conclusions presented in the supplement.

3) Info Need GEN-4

REQUIREMENT: 10 CFR 51.53(c)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.

ISSUE: In the 2019 FSEIS, the NRC staff analyzed certain environmental issues as site-specific (Category 2) issues. The NRC staff is now preparing a site-specific EIS in accordance with CLI-22-02 and CLI-22-03 that considers the site-specific environmental impacts of SLR of Turkey Point on those issues dispositioned as generic (Category 1) issues in Table B-1 in appendix B to subpart A of 10 CFR part 51 and the FSEIS. As part of preparing this site-specific EIS, the staff must consider whether any significant new information has arisen following the issuance of the FSEIS that could affect the conclusions made in the FSEIS for Category 2 issues.

REQUEST: Is FPL aware of any significant new information that has arisen following the issuance of the FSEIS in October 2019 that could affect the conclusions made in that document concerning the following Category 2 environmental issues? If so, please describe the significant new information and explain how that information affects FSEIS conclusions.

The relevant Category 2 issues are as follows:

• Aquatic Resources - Impingement and entrainment of aquatic organisms (plants with once-through cooling systems or cooling ponds)

• Aquatic Resources - Thermal impacts on aquatic organisms (plants with once-through cooling systems or cooling ponds)

• Cumulative Impacts

• Environmental Justice - Minority and low-income populations (e.g., subsistence activities)

• Groundwater - Groundwater use conflicts (plants that withdraw more than 100 gallons per minute [gpm])

• Groundwater - Radionuclides (e.g., tritium and plan-related gamma isotopes or hard-to-detect radionuclides) released to groundwater

• Historic and Cultural Resources (e.g., new cultural resource surveys, new historic properties)

• Human Health - Microbiological hazards to the public

• Human Health - Chronic effects of electromagnetic fields

• Human Health - Electric shock hazards

• Postulated Accidents - Severe accidents

• Special Status Species and Habitats - Threatened, endangered, and protected species and essential fish habitat

• Terrestrial Resources - Effects terrestrial resources (non-cooling system impacts)

4) Info Need GEN-4

REQUIREMENT: 10 CFR 51.53(c)(2)(K) requires that all applicants identify any potentially historic or archaeological properties and assess whether any of these properties will be affected by future plant operations and any planned refurbishment activities in accordance with the National Historic Preservation Act.

ISSUE: During the environmental audit discussion on Category 2 issues, and in response to information need GEN-4, FPL stated that new information has come to light regarding former Boy Scout and Girl Scout camps on the Turkey Point site. Specifically, FPL stated that an email correspondence from the Florida State Department Division of Historical Resources (ML19143A207) conflates many of the cultural resource issues at Turkey Point.

The NRC cites this email in NUREG-1437, Supplement 5, Second Renewal (Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Subsequent License Renewal for Turkey Point Nuclear Generation Units No. 3 and 4-Final Report, ML19290H346). Section 3.9.2 of NUREG-1437 discusses that during NRCs 2018 environmental site visit and audit, the NRC staff became aware of three wooden buildings that were part of a Boy Scouts of America camp and a cottage (known as the Range House/McGregor Smith Cottage). In response to request for additional information (Response to NRC RAI Number HC-7-a, ML18283A310 and Response to NRC RAI Number HC-7, ML18247A509), FPL provided additional information to the NRC regarding the three wooden buildings/structures, including:

• the three wooden buildings were part of a Boy Scout camp, but have subsequently been used for storage and been maintained and repaired;

• two of the structures have gable roofs and the third has a pyramid hip roof; and

• the Boy Scout camp was constructed in 1962-1963.

REQUEST: Update the previously submitted responses (Response to NRC RAI Number HC-7-a, ML18283A310 and Response to NRC RAI Number HC-7, ML18247A509) to reflect the most recent information and correct any inaccuracies related to both the Boy Scout and Girl Scout camps and any associated structures. As part of the response: identify the location, provide a description of any associated structures, known historical significance, and approximate construction timeframes of both scout camps.

5) Info Need AQN-1

REQUIREMENT: 10 CFR 51.53(c)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.

ISSUE: In 2019, the NRC staff issued the FSEIS, which presented estimated annual air pollutant emissions from Turkey Point Units 3 and 4 from 2012 through 2016. The NRC is now preparing a site-specific EIS in accordance with CLI-22-02 and CLI-22-03 that considers the site-specific environmental impacts of SLR of Turkey Point on those issues dispositioned as generic (Category 1) issues in Table B-1 in appendix B to subpart A of 10 CFR part 51 and the FSEIS. As part of preparing this site-specific EIS, the staff must consider whether any significant new information has arisen following the issuance of the FSEIS.

REQUEST: Provide updated (2017 - 2022) estimated air pollutant emissions from operation of permitted sources at Turkey Point, Units 3 and 4 (i.e., SOx, NOx, CO, PM10, and VOCs).

6) Info Need AQN-2

REQUIREMENT: 10 CFR 51.53(c)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.

ISSUE: In 2019, the NRC staff issued the FSEIS, which analyzed greenhouse gas emissions and climate change impacts. The NRC is now preparing a site-specific environmental impact statement in accordance with CLI-22-02 and CLI-22-03 that considers the site-specific environmental impacts of SLR of Turkey Point on those issues dispositioned as generic (Category 1) issues in Table B-1 in appendix B to subpart A of 10 CFR part 51 and the FSEIS. As part of preparing this site-specific EIS, the staff must consider whether any significant new information has arisen following the issuance of the FSEIS.

REQUEST: Please provide updated (since 2016) estimated annual greenhouse gas emissions from operation at Turkey Point, Units 3 and 4. As part of the response, include a brief discussion of the sources of greenhouse gas emissions and if FPL anticipates additional greenhouse gas emission sources and emissions during the SLR term.

7) Info Need SOC-1

REQUIREMENT: 10 CFR 51.53(c)(iv) requires that environmental reports contain any new and significant information regarding the environmental impacts of license renewal of which the applicant is aware.

ISSUE: The Subsequent License Renewal Application, Environmental Report (ER) supplement 2 (ML22160A301) identifies that in 2019 the Miami-Dade County over assessed the taxable value for Turkey Point Units 3 and 4, which in turn generated an overpayment of property taxes by FPL. The ER supplement further discusses that the property tax payment was subsequently reconciled between FPL and Miami-Dade County in 2020. The ER supplement, however, does not discuss how the overpayment was identified or the process that led to the reconciliation.

REQUEST: Please identify which party identified the overpayment and discuss the process that led to the reconciliation, if any, such as tax appeals, or settlements.