ML24067A096
| ML24067A096 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/07/2024 |
| From: | Carrie Safford - No Known Affiliation |
| To: | Annie Caputo, Crowell B, Christopher Hanson, David Wright NRC/OCM |
| SECY RAS | |
| References | |
| ASLBP 24-981-01-SLR-BD01, RAS 56943, 50-250 SLR-2, 50-251 SLR-2 | |
| Download: ML24067A096 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
COMMISSIONERS:
Christopher T. Hanson, Chair David A. Wright Annie Caputo Bradley R. Crowell
In the Matter of FLORIDA POWER & LIGHT COMPANY Docket No. --SLR-
--SLR-(Turkey Point Nuclear Generating Units and )
CLI- -
MEMORANDUM AND ORDER
This proceeding relates to the subsequent license renewal of Turkey Point Nuclear
Generating Units and. The Licensing Board is considering the hearing request of Miami
Waterkeeper.1 Before issuing a decision on the request, the Board certified a question for
interlocutory review regarding the timing of the NRC Staffs issuance of the notice of opportunity
for hearing in this proceeding. 2 We accept the Boards certification and find the timing of the
Staffs notice to be a reasonable interpretation of our instructions in CLI --.3
1 Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper (Nov.,
) (Hearing Request).
2 LBP--, NRC __, __ (Jan., ) (slip op. at ); see C.F.R. §.(f)( ).
3 See Duke Energy Carolinas, LLC (Oconee Nuclear Station, Units,, and ), CLI- -,
NRC ( ).
BACKGROUND
The NRC Staff issued a notice in the Federal Register announcing an opportunity for
members of the public to request a hearing on the Staffs Draft Supplemental Environmental
Impact Statement (Draft SEIS). 4 In response to that notice, Miami Waterkeeper requested that
the Secretary of the Commission withdraw the Staffs notice of opportunity for hearing. 5 The
Secretary denied the request to withdraw the hearing notice as beyond the scope of her
delegated authority under C.F.R. §. but granted Miami Waterkeeper a partial extension
of an additional twenty days to file a hearing request. 6 Miami Waterkeeper then filed a timely
hearing request with five proposed contentions challenging the Draft SEIS. 7
The Board held an initial prehearing conference to hear oral argument on the issues
presented in Miami Waterkeeper s hearing request. 8 After oral argument, the Board issued an
order certifying the following question for our consideration:
Should the NRC Staff have waited to issue the notice of opportunity for hearing until it completed the Final SEIS, and if so, how does that impact the conduct of this proceeding? 9
4 See Florida Power & Light Company; Turkey Point Nuclear Generating Unit Nos. and,
Fed. Reg., (Sept., ).
5 Email from Sydnei Cartwright, Miami Waterkeeper, to Brooke Clark, NRC (Oct. 30, 2023), at 1 (attaching Letter from Sydnei Cartwright, Miami Waterkeeper, to Brooke Clark, NRC (Oct. 27, 2023)) (ADAMS accession no. ML23305A127).
6 Order of the Secretary (Nov., ), at - (unpublished).
7 Hearing Request at -.
8 Licensing Board Order (Scheduling Initial Prehearing Conference) (Dec., )
(unpublished) (scheduling conference for January, ).
9 LBP- -, NRC at __ (slip op. at ).
DISCUSSION
Today we accept the Boards certification regarding the timing of the hearing notice. For
the reasons outlined by the Board, we find that the Board raises a significant and novel issue
whose early resolution will materially advance the orderly disposition of this proceeding. 10
Therefore, we grant review of the Boards certified question.
In CLI- -, we provided direction for five open subsequent license renewal
proceedings.11 We directed the Staff to update the Generic Environmental Impact
Statement for License Renewal of Nuclear Plants (GEIS) 12 so that it covers operations during
the subsequent license renewal period. 13 We also provided that applicants that do not wish to
wait for the GEIS update and associated rulemaking could submit a revised environmental
report providing information on environmental impacts during the subsequent license renewal
period.14 In either case, the Staff would publish a site-specific environmental impact statement
(EIS). We stated that:
After each site-specific review is complete, a new notice of opportunity for hearinglimited to contentions based on new information in the site-specific environmental impact statementwill be issued. This approach will not require
10 See LBP--, NRC at __ (slip op. at - ); C.F.R. §.(f)( ) (A ruling referred or question certified to the Commission under §§.(l) or.(f) may be reviewed if the certification or referral raises significant and novel legal or policy issues, or resolution of the issues would materially advance the orderly disposition of the proceeding.). As the Board noted, resolution of the certified question would also materially advance the orderly disposition of other subsequent license renewal proceedings. Id. at & n.. Beyond Nuclear and Sierra Club moved to withdraw the hearing notice as premature in the North Anna proceeding. Motion by Beyond Nuclear and Sierra Club for Withdrawal of Premature Hearing Notice (Jan., ;
corrected Jan., ) (ML A, ML A ).
11 Oconee, CLI- -, NRC at.
12 Generic Environmental Impact Statement fo r License Renewal of Nuclear Plants (Final Report), NUREG-, rev., vols. - (June ) (MLA) (package).
13 Oconee, CLI- -, NRC at.
14 Id. at.
intervenors to meet heightened pleading standards in C.F.R. §. (c) for newly filed or refiled contentions. 15
As the Board noted, there are different views on what constitutes a complete site-
specific environmental review and thus when the hearing notice should have been published.
Miami Waterkeeper asserted that the Staff should have published the hearing notice after the
Staff completed its Final Supplemental Environmental Impact Statement (Final SEIS) rather
than after the Draft SEIS. In its view, the Staffs site-specific environmental review for Turkey
Point is not complete until the Final SEIS is issued. 16 Similarly, the Board emphasized that
CLI-- used the phrase [a]fter each site-specific review is complete, which seems clear on
its face: complete means complete, not substantially complete. 17 The Board also points out
that the sentence preceding this phrase provides for a public comment period during the
development of the site-specific environmental impact statements, and that the process of
developing an EIS is distinct from its completiondevelopment precedes completion. 18 On the
other hand, FPL argued that [i]n all material respects, the Staffs site-specific review of the
applicants site-specific application materials is complete upon issuance of the draft SEIS. To
complete the overall process, the Staff will then respond to public comments and make any
necessary final adjustments before issuing the final SEIS. 19 In addition, the Staff announced its
intention to issue hearing notices after publication of draft site-specific EISs at a public meeting
15 Id.
16 Hearing Request at & n..
17 LBP--, NRC at __ (slip op. at ).
18 Id.
19 Florida Power & Light Company Answer in Opposition to Miami Waterkeeper Extension Request (Nov., ), at n..
held to describe its path forward on environmental reviews for subsequent license renewals. 20 At
the prehearing conference, the Staff acknowledged that this proceeding is unique and that it
interpreted the language in CLI-- in a manner consistent with its usual practice of issuing
hearing notices at the earliest stage, which is typically at the environmental report stage for
reactor license renewals, but in this case, for the five subsequent license renewal applications
listed in CLI--, it would be after publication of the Draft SEIS. 21
We recognize that the language in CLI-- could be interpreted in different ways. After
considering the views expressed by the Boar d and the participants, we find that the Staff
reasonably interpreted the language in CLI-- as allowing the issuance of hearing notices
after draft site-specific EISs were complete. While the circumstances surrounding this
subsequent license renewal proceeding (as well as the other four proceedings covered in
CLI-- ) are unusual, the Staff appropriately adapted its ordinary practice of announcing
hearings at the earliest opportunity to promote efficiency. Consideration of public comments is
an important part of the National Environmental Policy Act (NEPA) process. We hesitate to
narrowly interpret the language in CLI-- as requiring that the notices of hearing be issued
after the consideration of public comments and publication of final EISs, in effect identifying that
stage as the completion of the NEPA process. Even a final EIS can be supplemented before
the agency issues its record of decision. For example, the Staff may issue a supplemental EIS
based on new and significant circumstances or information arising after the publication of the
20 Id. (referring to August, public meeting); see Public Meeting Announcement, Public Meeting on Path Forward for Site-Specific Environmental Reviews for Subsequent License Renewal (Aug., ) (ML A ); Public Meeting Summary, Public Meeting on the Path Forward for Site-Specific Environmental Reviews of Subsequent License Renewal (Sept., ), at (ML A).
21 Tr. a t.
final EIS.22 Similarly, information developed during any hearing on environmental contentions
would supplement the environmental record. 23 As such, we find that the Staffs identification of
the issuance of the draft site-specific EIS as the point of completion of its site-specific review
reflects a reasonable interpretation of the Commissions direction in CLI- -.
CONCLUSION
For the foregoing reasons, we accept the Boards certification and find the Staffs
interpretation of our instructions in CLI -- with respect to the timing of Federal Register
notices announcing the opportunity for a hearing to be acceptable.
For the Commission
Carrie M. Safford Secretary of the Commission
Dated at Rockville, Maryland, this th day of March.
22 See C.F.R. §. (a); Luminant Generation Co., LLC (Comanche Peak Nuclear Power Plant, Units and ), CLI- -, NRC, ( ).
23 See C.F.R. §§.,. ; Louisiana Energy Services, L.P. (Claiborne Enrichment Center), CLI- -, NRC, ( ) (The adjudicatory record and Board decision (and, of course, any Commission appellate decisions) become, in effect, part of the [final EIS].).
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 COMMISSION MEMORANDUM AND ORDER (CLI-24-01) 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 Brian P. Newell, Paralegal E-mail: hearingdocket@nrc.gov Georgiann E. Hampton, Paralegal Caitlin R. Byrd, Paralegal Atomic Safety and Licensing Board Panel E-mail: David.Roth@nrc.gov U.S. Nuclear Regulatory Commission Sherwin.Turk@nrc.gov Washington, DC 20555-0001 Blake.Vaisey@nrc.gov Emily I. Krause, Chair, Administrative Judge Jeremy.Wachutka@nrc.gov Dr. Sue H. Abreu, Administrative Judge Susan.Vrahoretis@nrc.gov Dr. Michael F. Kennedy, Administrative Judge Brian.Newell@nrc.gov Noel M. Johnson, Law Clerk Georgiann.Hampton@nrc.gov Emily Newman, Law Clerk Caitlin.Byrd@nrc.gov E-mail: Emily.Krause@nrc.gov Sue.Abreu@nrc.gov Florida Power & Light Company Michael.Kennedy@nrc.gov 801 Pennsylvania Ave. NW Suite 220 Noel.Johnson@nrc.gov Washington, DC 20004 Emily.Newman@nrc.gov Steven C. Hamrick, Esq.
E-mail: steven.hamrick@fpl.com
Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-SLR-2 COMMISSION MEMORANDUM AND ORDER (CLI-24-01)
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 Cameron Bills, Esq.
Email: cameron@miamiwaterkeeper.org
Office of the Secretary of the Commission
Dated at Rockville, Maryland, this 7th day of March 2024.
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