ML24129A221

Miami Waterkeepers 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

ML24129A221
Person / Time
Site:	Turkey Point
Issue date:	05/08/2024
From:	Bills C, Webster R Law Office of Richard Webster, Miami Waterkeeper
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
ASLBP 24-981-01-SLR-BD01, RAS 57015, 50-250-SLR-2, 50-251-SLR-2
Download: ML24129A221 (0)

Text

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

FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)

(Subsequent License Renewal Application)

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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 May 8, 2024 MIAMI WATERKEEPERS 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 Pursuant to 10 C.F.R. § 2.335(b), Miami Waterkeeper hereby petitions for a limited 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 to the extent the Atomic Safety and Licensing Board (Board) interprets those regulations to preclude Petitioner from submitting new contention 3-B challenging the 2024 Final Site-Specific Environmental Impact Statements (2024 FSEIS) failure to adequately update its evaluation of FPLs SAMA analysis to reflect the effects of climate change on accident risk at Turkey Point.1 This waiver request is supported by the attached Declaration of Miami Waterkeepers counsel, Cameron Bills (Bills Decl.).

1 By this Petition, Petitioner seek a waiver of any other rules or regulations in addition to 10 C.F.R. § 51.53(c)(3) and 10 C.F.R. Part 51, Subpart A, Appendix B to the extent the Board interprets those regulations to preclude Petitioner from submitting new contentions challenging the analysis in the 2024 FSEIS regarding the issues described above.

2 I. INTRODUCTION AND BACKGROUND On November 27, 2023 and pursuant to 10 C.F.R. § 2.309 and the NRCs Federal Register notice published at 88 Fed. Reg. 62,110, (Sept. 8, 2023), Petitioner submitted a Request for Hearing and Petition to Intervene in the above-captioned matter.2 These contentions addressed various deficiencies in NRC Staffs 2023 Draft Site-Specific Environmental Impact Statement,3 published as part of the subsequent renewal license application process for Turkey Point Nuclear Generating Station, Units 3 and 4, in Miami-Dade County, Florida.

Following full briefing and an oral argument on the admissibility of each contention, the Board on March 7, 2024, issued Memorandum and Order LBP-24-03 granting Petitioners hearing request and admitting a reformulated version of one of the five contentions.4 In that Order, the Board also found that Petitioner had established standing. Petitioner relies on the same facts for standing, with no material changes, and incorporates by reference the previous standing declarations of Dr. Rachel Silverstein and Dr. Philip Stoddard. On March 22, 2024, Petitioner, FPL, and the NRC Staff filed a joint motion regarding the hearing schedule, mandatory disclosures, and hearing file obligations in this proceeding.5 The Board issued an Initial Scheduling Order that provided Petitioner the opportunity to file new and amended 2 Miami Waterkeeper Request for Hearing and Petition to Intervene, ADAMS Accession Number ML23331A971 (Nov. 27, 2023).

3 NUREG-1437, Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5a, Second Renewal Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Units Nos. 3 And 4, Draft, ADAMS Accession No. ML23242A216 (Aug. 2023).

4 Atomic Safety and Licensing Board Panel Memorandum and Order (Granting Request for Hearing),

LBP-24-03, ADAMS Accession No. ML24067A280 (Mar. 7, 2024), hereinafter March 7, 2024 Board Order.

5 Joint Motion Regarding Hearing Schedule, Mandatory Disclosures, and Hearing File Obligations, ADAMS Accession No. ML24082A084 (Mar. 22, 2024).

3 contentions within 40 days of publication of the 2024 FSEIS.6 On March 29, 2024, NRC Staff published the 2024 FSEIS.7 Based on the 2024 FSEIS, on April 4, NRC Staff filed an unopposed motion to dismiss reformulated Contention 1 as moot, which Petitioner joined on the condition that the proceeding remain open and Petitioner would be provided an opportunity to file new or amended contentions by the 40-day post-FSEIS deadlinethat is, by May 8, 2024.8 The U.S. Government Accountability Office Report, GAO-24-106326 (GAO Report or the report), upon which Petitioner relies for Contention 3-B, was published on April 2, 2024.9 The Boards April 26, 2024 Memorandum and Order Granting Motion for Extension of Time established a May 8, 2024 deadline for filing of contentions based on the GAO Report.10 Petitioner today timely files amended and new contentions based on the 2024 FSEIS and the GAO Report.

This Petition for Waiver requests a 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 (Appendix B) to the extent that the Board interprets those regulations to preclude Petitioner from submitting Contention 3-B challenging the 2024 FSEISs failure to adequately update its evaluation of FPLs SAMA analysis to 6 Atomic Safety and Licensing Board Panel Initial Scheduling Order, ADAMS Accession Number ML24086A446 (Mar. 26, 2024).

7 Final Site-Specific Environmental Impact Statement for License Renewal of Nuclear Power Plants Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Units Nos. 3 and 4, ADAMS Accession Number ML24087A061 (Mar. 2024), hereinafter 2024 FSEIS.

8 Joint Unopposed Motion to Dismiss Reformulated Contention 1 as Moot and Position of the NRC Staff and Miami Waterkeeper Regarding Opportunity to File New or Amended Contentions, ADAMS Accession No. ML24095A314 (Apr. 4, 2024).

9 U.S. Government Accountability Office, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, GAO-24-106326 (Apr. 2, 2024), available at https://www.gao.gov/assets/d24106326.pdf (hereinafter GAO Report).

10 Atomic Safety and Licensing Board Panel Memorandum and Order (Granting Motion for Extension of Time), ADAMS Accession No. ML24117A266 (Apr. 26, 2024).

4 reflect the effects of climate change on accident risk at Turkey Point.11 II. STATUTORY AND REGULATORY FRAMEWORK

a. Standards for Waiver of Application of NRC Rule or Regulation Under 10 C.F.R. § 2.335(b), any participant to an adjudicatory proceeding... may petition that the application of a specified Commission rule or regulation or any provision thereof... be waived or an exception be made for the particular proceeding. Section 2.335(b) further provides that [t]he sole ground for petition of waiver or exception is that special circumstances with respect to the subject matter of the particular proceeding are such that the application of the rule or regulation (or a provision of it) would not serve the purposes for which the rule or regulation was adopted.12 In interpreting § 2.335(b), the Commission has articulated a four-factor test, sometimes referred to as the Millstone factors, which a waiver petitioner must satisfy.13 To set aside a Commission rule or regulation in an adjudicatory proceeding, a petitioner must demonstrate that:

(i) the rules strict application would not serve the purposes for which it was adopted; (ii) special circumstances exist that were not considered, either explicitly or by necessary implication, in the rulemaking proceeding leading to the rule sought to be waived; (iii) those circumstances are unique to the facility rather than common to a large class of facilities; and 11 By this Petition, Petitioner seeks a waiver of any other rules or regulations in addition to 10 C.F.R. § 51.53(c)(3) and 10 C.F.R. Part 51, Subpart A, Appendix B to the extent the Board interprets those regulations to preclude Petitioner from submitting new contentions challenging the analysis in the 2024 FSEIS regarding the issues described above.

12 10 C.F.R. § 2.335(b).

13 Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-05-24, 62 NRC 551, 559-60 & nn.29-34 (2005).

5 (iv) waiver of the regulation is necessary to reach a significant safety [or environmental] problem.14 All four Millstone factors must be met to justify a rule waiver.15 III. ARGUMENT

a. NRC Regulations Do Not Require a Waiver in Order to Challenge the 2024 FSEISs Evaluation in This Instance For the reasons below, the requested waiver is not necessary in order for Petitioner to assert a new contention regarding the 2024 FSEISs failure to adequately update its evaluation of FPLs SAMA analysis to reflect the effects of climate change on accident risk at Turkey Point.

The Commission classifies SAMA analysis as a Category 2 issue that must be evaluated on a site-specific basis.16 Petitioners Contention 3-B asserts that the 2024 FSEISs failure to adequately update its evaluation of FPLs SAMA analysis to account for new and significant information regarding climate change-related risks provided by the GAO Report.

Although NRC traditionally relies on historical data for its SAMA evaluation, NRC need not change its regulations in order to consider the GAO Reports climate projections in its SAMA evaluation, as NRC regulations do not preclude NRC from using climate projections data, and new sources of reliable projected climate data are available to NRC.17 No NRC regulation prohibits Petitioner from challenging the adequacy of the 2024 FSEISs SAMA evaluation. A waiver, therefore, is not necessary to submit a contention 14 See Exelon Generation Co., LLC (Limerick Generation Station, Units 1 and 2), CLI-13-07, 2013 WL 5872241 (Oct. 31, 2013), at *4 (clarify[ing]... that the fourth Millstone factor also may apply to a significant environmental issue).

15 Id.

16 See 10 C.F.R. Part 51 Appendix B.

17 GAO Report at 39.

6 challenging the adequacy of this evaluation.18 Nonetheless, Petitioner submits a waiver petition out of an abundance of caution.

b. Petitioner Satisfies the Criteria for a Waiver Petitioner has satisfied the requirements of 10 C.F.R. § 2.335(b) and Millstone. Each of the four Millstone factors weighs in favor of issuing the requested waiver.

i.

Strict Application of the Regulations Would Not Serve the Purposes for Which They Were Adopted (Millstone Factor 1)

Application of Sections 51.53(c)(3) and 51.71(d) and Appendix B in this case to preclude Petitioner from asserting Contention 3-B would unjustifiably prevent Petitioner from challenging the sufficiency of the 2024 FSEISs analysis of new information.

The GAO Report, upon which Petitioner relies, provides a first-of-its-kind independent assessment of the NRCs need to consider climate-related impacts in re-licensing decisions.19 As explained in Miami Waterkeepers Motion for New and Amended Contentions, the information in the GAO Report is new and significant: it provides a seriously different picture than the current FSEIS analysis of the risk of a severe accident in coming years.20 This report was not available until April 2, 2024.21 The GAO Report was therefore not available at the time of 18 See Order at 27 (A DSEIS must address any new and significant information of which it becomes aware, which might affect the applicability of the Commissions generic Category 1 determinations in the proceeding.); id. at n.102 (citing cases); Deukmejian v. NRC, 751 F.2d 1287, 1298 (D.C. Cir. 1984)

(explaining that The [NRCs] obligations under NEPA [include] a continuing duty to supplement EISs which have already become final whenever the discovery of significant new information renders the original EIS inadequate).

19 U.S. Government Accountability Office, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, GAO-24-106326 (Apr. 2, 2024), available at https://www.gao.gov/assets/d24106326.pdf (hereinafter GAO Report).

20 Miami Waterkeepers Motion to Admit Amended and New Contentions in Response to NRC Staffs Final Site-Specific Environmental Impact Statement (May 8, 2024), at 74.

21 U.S. Government Accountability Office, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, GAO-24-106326 (Apr. 2, 2024), available at https://www.gao.gov/assets/d24106326.pdf (hereinafter GAO Report).

7 Petitioners Petition or Reply Brief.22 Petitioner (and more broadly, the public) has not yet had an opportunity to review or challenge the sufficiency of the 2024 FSEISs SAMA evaluation in light of this new information. Interpreting Sections 51.53(c)(3) and 51.71(d) and Appendix B to prevent challenges to analysis of new information would therefore be contrary to NEPAs requirement that agencies broad[ly] disseminat[e] information to permit[] the public and other government agencies to react to the effects of a proposed action at a meaningful time.23 SAMA analysis is designed to evaluate the risk of beyond-design basis severe accidents and determine whether mitigation measures are warranted.24 NEPA calls for the disclosure of potential adverse effects and a discussion of potential mitigation measures in order to assure that the agency and the public will have relevant information on the potential impacts of a proposed action[.]25 The Commission classifies SAMA analysis as a Category 2 issue that must be evaluated on a site-specific basis.26 Accident risks are a lawful subject of NEPA review.27 Interpreting Sections 51.53(c)(3) and 51.71(d) and Appendix B to prevent petitioner from challenging the sufficiency of the SAMA evaluationwhen an unprecedented license extension is at questionwould therefore undermine the safety purpose of the SAMA analysis and the public information purpose of NEPA review.

22 Miami Waterkeeper Request for Hearing and Petition to Intervene, ADAMS Accession No. ML23331A971 (Nov. 27, 2023); Reply in Support of Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper, ADAMS Accession No. ML24008A293 (Jan. 8, 2024).

23 Marsh v. Or. Natural Res. Council, 490 U.S. 360, 371 (1989); Massachusetts v. United States, 522 F.3d 115, 120 (1st Cir. 2008).

24 Id. at A-5.

25 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point, Units 2 and 3), CLI-16-10, 83 NRC 494 (June 2, 2016).

26 See 10 C.F.R. Part 51, Appendix B.

27 See State of New York. v NRC, 681 F.3d 471, 478 (2012) (Under NEPA, an agency must look at both the probabilities of potentially harmful events and the consequences if those events come to pass).

8 ii.

Special Circumstances Exist That are Unique to Turkey Point and That Were Not Considered in the Rulemaking Proceeding Limiting the Scope of SEISs Regarding Subsequent License Renewal (Millstone Factors 2 and 3)

Turkey Point Units 3 and 4 face a combination of circumstances that render its situation unique. The GAO Report identified Turkey Point to be at the highest risk level for flooding and high-intensity hurricanesand identified the increasing risk of severe accidents due to climate change.28 This is presumably why GAO selected Turkey Point for study in its report. In addition, the plants unique cooling canal system (CCS) is located at sea level and sits on the shore of Biscayne Bay,29 making it particularly vulnerable to these risks. This cooling canal system is uniquely vulnerable to interruption by floods and storm surge.

This cooling system also causes unique environmental problems. It has a long and well-documented history of impacts to groundwater and surface water, including a hypersaline plume that has resulted from operation of the system.27 No other nuclear generating units cooling system has resulted in a hypersaline plume that has migrated through groundwater, threatening local drinking supplies. These impacts are undoubtedly special circumstances meriting the requested waiver.

Turkey Point's unique vulnerability to the effects of climate were not adequately considered in either SAMA-related rulemakings or the current GEIS for subsequent license renewal proceedings. In addition, the NRC did not consider the most recent analysis of Turkey Point-specific climate risks provided by the GAO Report. This issue therefore constitutes a new, site-specific issue with respect to Turkey Point.

28 GAO Report at 55.

29 NUREG-1437 Supplement 5, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Regarding Turkey Points Units 3 and 4, Final Report, ADAMS Accession No. ML020280119 (Jan. 2002), at 2-1.

9 iii.

Waiver is Necessary to Reach a Significant Environmental Issue (Millstone Factor 4)

Waiver is necessary to permit Petitioner to raise new information regarding the climateundoubtedly a significant environmental issue.29 The information in the GAO Report is new and significant: it provides a seriously different picture than the current FSEIS analysis of the risk of a severe accident in coming years. The report identifies Turkey Point to be at the highest risk level for flooding and high-intensity hurricanes and analyzes the increasing risk of severe accidents due to climate change.30 The 2024 FSEIS and its associated SAMA evaluation do not address how climate change will affect the risk of flooding, hurricane, or temperature-related severe accidents. If NRC Staff were to update the SAMA evaluation to reflect the risks identified in the GAO Report, it might very well call into question the GEISs overall conclusions regarding the probability-weighted consequences of potential severe accidents.31 FPL might then be required to conduct a cost-benefit analysis of potential mitigation measures that would substantially reduce the impacts of a severe accident or the probability or consequences (risk) of a severe accident occurringthereby substantially reduc[ing] the impact of operating Turkey Point into the 2050s on the environment.32 Waiver of these regulations is therefore necessary to reach this significant environmental issue because Petitioner has no other avenue by which it can assert that the 2024 FSEIS and accompanying SAMA evaluation is inadequate.33 30 GAO Report at 55.

31 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point, Units 2 and 3), CLI-16-10, 83 NRC 494 (June 2, 2016).

32 2024 FSEIS at D-5 (Applicants that are able to demonstrate through the Stage 1 screening process that there is no potentially significant new information are not required to perform the Stage 2 or Stage 3 assessments.).

33 As stated earlier in the petition, Petitioner contends that a waiver is not necessary to raise these issues.

10 IV. CONCLUSION For these reasons, Petitioner respectfully requests a 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 to the extent the Board interprets those regulations to preclude Petitioner from submitting a new contention challenging the 2024 FSEISs failure to adequately update its SAMA evaluation to reflect the effects of climate change on accident risk at Turkey Point.

Respectfully submitted,

/Signed (electronically) by/ Cameron Bills Cameron Bills Miami Waterkeeper PO Box 141596 Coral Gables, FL 33114-1596 Phone: (305) 905-0856 Email: cameron@miamiwaterkeeper.org Richard Webster Law Office of Richard Webster 133 Wildwood Avenue Montclair, NJ 07043 Phone: (202)-630-5708 Email: rwebster463@gmail.com Counsel for Miami Waterkeeper

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

FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)

(Subsequent License Renewal Application)

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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 May 8, 2024 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing Miami Waterkeepers 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 was served upon the Electronic Information Exchange (EIE, the NRCs E-Filing System), in the above-captioned docket, which to the best of my knowledge resulted in transmittal of same to those on the EIE Service List for the captioned proceeding.

/Signed (electronically) by/ Cameron Bills Cameron Bills Miami Waterkeeper PO Box 141596 Coral Gables, FL 33114-1596 Phone: (305) 905-0856 Email: cameron@miamiwaterkeeper.org Richard Webster Law Office of Richard Webster 133 Wildwood Avenue Montclair, NJ 07043 Phone: (202)-630-5708 Email: rwebster463@gmail.com Counsel for Miami Waterkeeper

ATTACHMENT A

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

FLORIDA POWER & LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)

(Subsequent License Renewal Application)

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Docket No. 50-250-SLR-2 Docket No. 50-251-SLR-2 May 8, 2024 DECLARATION OF CAMERON BILLS, COUNSEL FOR MIAMI WATERKEEPER, 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, Cameron Bills, counsel for Petitioner Miami Waterkeeper in this matter, declare that the following statements are true and correct to the best of my knowledge.

1. On this date, Miami Waterkeeper 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. Application of Sections 51.53(c)(3) and 51.71(d) and Appendix B in this case to preclude Petitioner from asserting Contention 3-B would unjustifiably prevent Petitioner from challenging the sufficiency of the 2024 FSEISs analysis of new information. The GAO Report, upon which Petitioner relies, provides a first-of-its-kind independent assessment of the NRCs need to consider climate-related impacts in re-licensing decisions.1 As explained in Miami Waterkeepers Motion for New and Amended Contentions, the information in the GAO Report is 1 U.S. Government Accountability Office, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, GAO-24-106326 (Apr. 2, 2024), available at https://www.gao.gov/assets/d24106326.pdf (hereinafter GAO Report).

2 new and significant: it provides a seriously different picture than the current FSEIS analysis of the risk of a severe accident in coming years.2 This report was not available until April 2, 2024.3 The GAO Report was therefore not available at the time of Petitioners Petition or Reply Brief.4 Petitioner (and more broadly, the public) has not yet had an opportunity to review or challenge the sufficiency of the 2024 FSEISs SAMA evaluation in light of this new information.

Interpreting Sections 51.53(c)(3) and 51.71(d) and Appendix B to prevent challenges to analysis of new information would therefore be contrary to NEPAs requirement that agencies broad[ly]

disseminat[e] information to permit[] the public and other government agencies to react to the effects of a proposed action at a meaningful time.5 SAMA analysis is designed to evaluate the risk of beyond-design basis severe accidents and determine whether mitigation measures are warranted.6 NEPA calls for the disclosure of potential adverse effects and a discussion of potential mitigation measures in order to assure that the agency and the public will have relevant information on the potential impacts of a proposed action[.]7 The Commission classifies SAMA analysis as a Category 2 issue that must be evaluated on a site-specific basis.8 2 Miami Waterkeepers Motion to Admit Amended and New Contentions in Response to NRC Staffs Final Site-Specific Environmental Impact Statement (May 8, 2024), at 74.

3 U.S. Government Accountability Office, Nuclear Power Plants: NRC Should Take Actions to Fully Consider the Potential Effects of Climate Change, GAO-24-106326 (Apr. 2, 2024), available at https://www.gao.gov/assets/d24106326.pdf (hereinafter GAO Report).

4 Miami Waterkeeper Request for Hearing and Petition to Intervene, ADAMS Accession No. ML23331A971 (Nov. 27, 2023); Reply in Support of Request for Hearing and Petition to Intervene Submitted by Miami Waterkeeper, ADAMS Accession No. ML24008A293 (Jan. 8, 2024).

5 Marsh v. Or. Natural Res. Council, 490 U.S. 360, 371 (1989); Massachusetts v. United States, 522 F.3d 115, 120 (1st Cir. 2008).

6 Id. at A-5.

7 In the Matter of Entergy Nuclear Operations, Inc. (Indian Point, Units 2 and 3), CLI-16-10, 83 NRC 494 (June 2, 2016).

8 See 10 C.F.R. Part 51, Appendix B.

3 Accident risks are a lawful subject of NEPA review.9 Interpreting Sections 51.53(c)(3) and 51.71(d) and Appendix B to prevent petitioner from challenging the sufficiency of the SAMA evaluationwhen an unprecedented license extension is at questionwould therefore undermine the safety purpose of the SAMA analysis and the public information purpose of NEPA review.

3. Turkey Point Units 3 and 4 face a combination of circumstances that render its situation unique. The GAO Report identified Turkey Point to be at the highest risk level for flooding and high-intensity hurricanesand identified the increasing risk of severe accidents due to climate change.10 This is presumably why GAO selected Turkey Point for study in its report.

In addition, the plants unique cooling canal system (CCS) is located at sea level and sits on the shore of Biscayne Bay,11 making it particularly vulnerable to these risks. This cooling canal system is uniquely vulnerable to interruption by floods and storm surge. This cooling system also causes unique environmental problems. It has a long and well-documented history of impacts to groundwater and surface water, including a hypersaline plume that has resulted from operation of the system.27 No other nuclear generating units cooling system has resulted in a hypersaline plume that has migrated through groundwater, threatening local drinking supplies. These impacts are undoubtedly special circumstances meriting the requested waiver. Turkey Point's unique vulnerability to the effects of climate were not adequately considered in either SAMA-related rulemakings or the current GEIS for subsequent license renewal proceedings. In addition, the 9 See State of New York. v NRC, 681 F.3d 471, 478 (2012) (Under NEPA, an agency must look at both the probabilities of potentially harmful events and the consequences if those events come to pass).

10 GAO Report at 55.

11 NUREG-1437 Supplement 5, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Regarding Turkey Points Units 3 and 4, Final Report, ADAMS Accession No. ML020280119 (Jan. 2002), at 2-1.

4 NRC did not consider the most recent analysis of Turkey Point-specific climate risks provided by the GAO Report. This issue therefore constitutes a new, site-specific issue with respect to Turkey Point.

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,

/Signed (electronically) by/ Cameron Bills Cameron Bills Miami Waterkeeper PO Box 141596 Coral Gables, FL 33114-1596 Phone: (305) 905-0856 Email: cameron@miamiwaterkeeper.org