ML23310A269
| ML23310A269 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 11/06/2023 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| Download: ML23310A269 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of
FLORIDA POWER & LIGHT CO. Docket Nos. 50-250-SLR-2 50-251-SLR-2 (Turkey Point Nuclear Generating Units 3 and 4)
ORDER
By Federal Register notice dated September 8, 2023, the Nuclear Regulatory
Commission (NRC) issued for public comment th e draft environmental impact statement (EIS)
concerning the subsequent license renewal (SLR) application for Turkey Point Nuclear
Generating Units 3 and 4.1 The Hearing Notice also provided members of the public with a new
opportunity to request a hearing and petition for leave to intervene in the Turkey Point SLR
proceeding, limited to contentions based on new information in the draft EIS. The Hearing
Notice stated that this opportunity was provided consistent with prior Commission direction in
CLI-22-3,2 and established a deadline of November 7, 2023, for requests for a hearing or
petitions for leave to intervene.
On October 27, 2023, the Secretary received a request from Miami Waterkeeper to
formally withdraw the Hearing Notice, or in the al ternative, to provide a 60-day extension of the
1 Florida Power & Light Company; Turkey Point Nuclear Generating Unit Nos. 3 and 4, 88 Fed.
Reg. 62,110 (Sept. 8, 2023) (Hearing Notice).
2 Duke Energy Carolinas, LLC (Oconee Nuclear Station, Units 1, 2, and 3), CLI-22-3, 95 NRC 40 (2022).
hearing request deadline. 3 In support of its request to withdraw the Hearing Notice, Miami
Waterkeeper asserts that issuance of the Hearing Notice was premature and not authorized by
CLI-22-3.4 In support of its alternative request for a 60-day extension of the hearing request
deadline, Miami Waterkeeper asserts that it was unprepared for the issuance of the Hearing
Notice. Miami Waterkeeper also asserts various other challenges in meeting the deadline,
including limited resources; simultaneous participation in another agency proceeding; and
difficulty in obtaining legal representation. 5 For additional support, Miami Waterkeeper also
attached to its extension request a letter it previously submitted to the NRC staff, dated
October 6, 2023, requesting a 60-day extension of the deadline to submit public comments on
the draft EIS.6 This letter further elaborates on Miami Waterkeepers asserted resource
challenges and overlapping obligations.
Florida Power & Light Company (FPL) filed an answer in opposition to Miami
Waterkeepers extension request. 7 FPL asserts that Miami Waterkeepers request must be
denied because it is a motion under 10 C.F.R. § 2.323 and Miami Waterkeeper did not include
a certification of sincere effort to contact other parties as required by that section. 8 FPL also
3 Request for 60-Day Extension of Request for Hearing and Petition to Intervene for Turkey Point Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants, Docket ID 50-250 and 50-251; NRC-2022-0172 (Oct. 27, 2023) (Extension Request).
4 Id. at 2-3 (citing CLI-22-3, 95 NRC at 42). Miami Waterkeeper subsequently reiterated its view that, as it understands CLI-22-3, the Hearing Notice should not have been issued prior to the completion of the site-specific EIS. E-mail from Sydnei Cartwright, Miami Waterkeeper, to NRC (Oct. 30, 2023).
5 Extension Request at 2-3.
6 Letter from Dr. Rachel Silverstein, Miami Waterkeeper, to NRC (Oct. 6, 2023) (ADAMS Accession No. ML23283A058). The NRC staff denied this request. Letter from Lance J.
Rakovan, NRC, to Dr. Rachel Silverstein, Miami Waterkeeper (Oct. 18, 2023) (ML23289A024).
7 Florida Power & Light Company Answer in Opposition to Miami Waterkeeper Extension Request (Nov. 2, 2023).
8 Id. (citing 10 C.F.R. § 2.323(b)).
disputes that Miami Waterkeeper has demonstrated good cause and that the NRC should only
consider such extension requests in unavoidable and extreme circumstances. 9
Miami Waterkeepers request to withdraw the Hearing Notice is denied. The Secretary
lacks authority to direct the withdrawal of a notice of opportunity to request a hearing published
in the Federal Register.10
9 Id. at 2-4.
10 See 10 C.F.R. § 2.346.
With respect to Miami Waterkeepers alternative request to extend the deadline to
request a hearing and petition for leave to intervene, I find that Miami Waterkeeper has
established good cause for a partial grant of the request. 11 Pursuant to my authority under
10 C.F.R. § 2.346(b), I grant Miami Waterkeeper a 20-day extension to the hearing request
deadline. Miami Waterkeeper may file a request for a hearing and petition for leave to intervene
on or before November 27, 2023.
For the Commission
Carrie M. Safford Secretary of the Commission
Dated at Rockville, Maryland, This 6th day of November 2023.
11 10 C.F.R. § 2.307(a). With respect to FPLs assertion that the request must be denied pursuant to 10 C.F.R. § 2.323(b), the Secretary has not historically treated requests from potential parties to extend the deadline to submit a hearing request as motions filed by a moving party subject to the requirements of that section. Rather, the Secretary has granted or denied such requests based on a finding of good cause. See, e.g., Order (Denying Extension of Deadline for Requesting a Hearing) (Mar. 3, 2021) (ML21062A258); Order (Granting Request for Extension) (Apr. 9, 2020) (ML20100K256); Order (Denying Request for an Extension) (Dec.
9, 2020) (ML20344A438).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-SLR-2
) 50-251-SLR-2 (Turkey Point Nuclear Generating )
Units 3 & 4) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Order (Granting a 20-Day Extension Deadline to Request for Hearing) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov David E. Roth, Esq.
Sherwin E. Turk, Esq.
U.S. Nuclear Regulatory Commission Blake C. Vaisey, Esq.
Office of the Secretary of the Commission Jeremy L. Wachutka, Esq.
Mail Stop: O-16B33 Susan H. Vrahoretis, Esq.
Washington, DC 20555-0001 E-mail: David.Roth@nrc.gov E-mail: hearingdocket@nrc.gov Sherwin.Turk@nrc.gov Blake.Vaisey@nrc.gov Atomic Safety and Licensing Board Panel Jeremy.Wachutka@nrc.gov U.S. Nuclear Regulatory Commission Susan.Vrahoretis@nrc.gov Washington, DC 20555-0001 E. Roy Hawkens, Chief Administrative Judge Florida Power & Light Company E-mail: Roy.Hawkens@nrc.gov 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-SLR-2 Order (Granting a 20-Day Extension Deadline to Request for Hearing)
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.
Washington, DC 20004 Paul M. Bessette, Esq.
Ryan K. Lighty, Esq.
E-mail: Paul.Bessette@morganlewis.com Ryan.Lighty@morganlewis.com
Miami Waterkeeper P.O. Box 141596 Coral Gables, FL 33115 Email: cameron@miamiwaterkeeper.org
Office of the Secretary of the Commission
Dated at Rockville, Maryland, this 6th day of November 2023.
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