ML15314A545

FPL-010 - Florida Department of Environmental Protection Site Certification Amendment Order Dated June 27, 2014, Reallocation of Unit 5 Water

ML15314A545
Person / Time
Site:	Turkey Point
Issue date:	06/27/2014
From:	Florida Power & Light Co
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28497
Download: ML15314A545 (5)

Text

FPL-010 RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA BOB MARTINEZ CENTER LT. GOVERNOR 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 HERSCHEL T. VINYARD JR.

SECRETARY June 27, 2014 Sent by Electronic Mail - Document Access Verification Requested Matthew J. Raffenberg Environmental Services Director Florida Power and Light 6501 S. Ocean Drive Jensen Beach, Florida 34597 RE: Turkey Point Plant Units 3-5 (PA 03-45)

Amendment Request (AM14-074)

Request for Temporary Use of Water

Dear Mr. Raffenberg:

On June 27, 2014, the Florida Department of Environmental Protections (Department) Siting Coordination Office received a request from Florida Power and Light (FPL) for a post-certification amendment to the Turkey Point Plant Units 3 - 5 (TPP 5) Site Certification Application (SCA). The amendment request is for temporary use of water from the Floridan Aquifer wells authorized in Condition XX.C.1 to help decrease the temperature within the Turkey Point Plant Cooling Canal System (CCS) by directing water into the cooling canal in a manner that will not negatively impact wildlife. FPL has not requested to exceed the 14.06 MGD average daily withdrawal or the 4,599 MGY average annual withdrawal specified in Condition XX.C.1.

Based on a review of the information submitted on June 27, 2014, the Department has determined that this proposal has been properly characterized as an amendment, as it requests a material change to FPLs SCA pursuant to Section 403.5113(1), Florida Statute (F.S.), but does not require modification to the SCA. This letter serves as notification of the approval of the proposed amendment.

The CCS is currently experiencing higher than normal warm water conditions that could impact operations. The SFWMD has reviewed the request from FPL and supports this request for temporary use provided that the total use does not exceed the 14.06 MGD average daily withdrawal or the 4,599 MGY average annual withdrawal and that such withdrawals are included in the quarterly reports required in Condition XX.C.4.

Failure to comply with all existing requirements of the Conditions of Certification, pursuant to section 403.514, F.S. shall constitute a violation of Chapter 403. The Departments notification shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), within 21 days of receipt of this order. The procedures for petitioning for a hearing are set forth below.

www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 2 of 5 Persons affected by this order have the following options:

If you choose to accept the above decision by the Department concerning the post certification amendment you do not have to do anything. This order is final and effective as of the date on the top of the first page of this order.

If you disagree with the decision, you may do one of the following:

1. File a petition for administrative hearing with the Departments Office of General Counsel within 21 days of receipt of this order; or

2. File a request for an extension of time to file a petition for hearing with the Departments Office of General Counsel within 21 days of receipt of this order. Such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing.

Please be advised that mediation of this decision pursuant to Section 120.573, F.S., is not available.

How to Request an Extension of Time to File a Petition for Hearing For good cause shown, pursuant to subsection 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for hearing. Such a request must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this order. Petitioner, if different from the addressee, shall mail a copy of the request to the addressee at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made.

How to File a Petition for Administrative Hearing A person whose substantial interests are affected by this order may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this order. Petitioner, if different from the addressee, shall mail a copy of the petition to the addressee at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under Sections 120.569 and 120.57, F.S.

Pursuant to Sections 120.54(5)(b)4 and 120.569(2), F.S. and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information:

a) The name, address, and telephone number of each petitioner, the name, address, and telephone number of the petitioners representative, if any, the site owners name and address, if different from the petitioner, the DEP certification number for the facility, and the name and address of the facility; b) A statement of how and when each petitioner received notice of the Departments action or proposed action; c) An explanation of how each petitioners substantial interests are or will be affected by the Departments action or proposed action; d) A statement of the material facts disputed by the petitioner, or a statement that there are no disputed facts; www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 3 of 5 e) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Departments action or proposed action; f) A statement of the specific rules or statutes the petitioner contends requires reversal or modification of the Departments action or proposed action; and g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Departments action or proposed action.

This order is final and effective as of the date on the top of the first page of this order. Timely filing a petition for administrative hearing postpones the date this order takes effect until the Department issues either a final order pursuant to an administrative hearing or an order responding to supplemental information provided to the Department pursuant to meetings with the Department.

Judicial Review Any party to this order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department (see below).

Questions Any questions regarding the Departments review of this amendment request should be directed to Ann Seiler at (850) 717-9113. Questions regarding legal issues should be referred to the Departments Office of General Counsel at (850) 245-2257. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing.

Sincerely, Justin B. Green, Administrator Siting Coordination Office CC by email:

Jill Creech, FDEP: jill.creech@dep.state.fl.us Paul Wierzbicki, FDEP: paul.wierzbicki@dep.state.fl.us Stacy Foster, FPL: stacy.foster@fpl.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby ereby acknowledged.

____________________________

___

________

____

________

____

____

_____

__ ________________

6/27/14 lerk Clerk Date www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 4 of 5 Service List: CC by email (Document Access Verification Requested)

Justin G. Wolfe Dennis Kerbel, Assistant County Attorney Deputy General Counsel Miami Dade County Department of Environmental Protection 111 N.W. 1st Street 3900 Commonwealth Blvd., M.S. 35 Suite 2810 Tallahassee, Florida 32399-3000 Miami, Florida 33128 Justin.G.Wolfe@dep.state.fl.us dkerbel@miamidade.gov Anthony Pinzino Scott Sanders FL Fish & Wildlife Conservation Commission FL Fish & Wildlife Conservation Commission 620 South Meridian Street 620 South Meridian Street Tallahassee, Florida 32399-1600 Tallahassee, Florida 32399-1600 anthony.pinzino@myfwc.com FWCConservationPlanningServices@myfwc.com Scott Rogers Jeff Collier Esq.

Department of Economic Opportunity South Florida Water Management District 107 East Madison St. 3301 Gun Club Road Tallahassee, Florida 32399 West Palm Beach, Florida 33406 Scott.Rogers@deo.myflorida.com jacollier@sfwmd.gov Adam Teitzman, Attorney Supervisor Karen Hamilton Florida Public Service Commission Regional Planner Office of General Counsel South Florida Regional Planning Council 2450 Shumard Oak Boulevard 3440 Hollywood Boulevard, Suite 140 Tallahassee, Florida 32399-0850 Hollywood, Florida 33021 ateitzma@psc.state.fl.us khamilton@sfrpc.com Lee Hefty Kimberly Menchion, Esq.

Director, DERM Assistant General Counsel Miami Dade County Connie Mitchell 701 NW 1st Court Suite 400 Department of Transportation Miami, Florida 33136 605 Suwannee Street, MS 58 HeftyL@miamidade.gov Tallahassee, Florida 32399-0458 kimberly.menchion@dot.state.fl.us connie.mitchell@dot.state.fl.us Deena Woodward Patricia Anderson, Chief Permitting and Compliance Bureau of Water Bureau of Historic Preservation Department of Health R.A. Gray Building 4042 Bald Cypress Way 500 South Bronough Tallahassee, Florida 32399-1742 Tallahassee, Florida 32399 patti_anderson@doh.state.fl.us deena.woodward@dos.myflorida.com www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 5 of 5 Samuel S. Goren, Esq South Florida Regional Planning Council 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308-4311 sgoren@cityatty.com www.dep.state.fl.us

FPL-010 RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA BOB MARTINEZ CENTER LT. GOVERNOR 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 HERSCHEL T. VINYARD JR.

SECRETARY June 27, 2014 Sent by Electronic Mail - Document Access Verification Requested Matthew J. Raffenberg Environmental Services Director Florida Power and Light 6501 S. Ocean Drive Jensen Beach, Florida 34597 RE: Turkey Point Plant Units 3-5 (PA 03-45)

Amendment Request (AM14-074)

Request for Temporary Use of Water

Dear Mr. Raffenberg:

On June 27, 2014, the Florida Department of Environmental Protections (Department) Siting Coordination Office received a request from Florida Power and Light (FPL) for a post-certification amendment to the Turkey Point Plant Units 3 - 5 (TPP 5) Site Certification Application (SCA). The amendment request is for temporary use of water from the Floridan Aquifer wells authorized in Condition XX.C.1 to help decrease the temperature within the Turkey Point Plant Cooling Canal System (CCS) by directing water into the cooling canal in a manner that will not negatively impact wildlife. FPL has not requested to exceed the 14.06 MGD average daily withdrawal or the 4,599 MGY average annual withdrawal specified in Condition XX.C.1.

Based on a review of the information submitted on June 27, 2014, the Department has determined that this proposal has been properly characterized as an amendment, as it requests a material change to FPLs SCA pursuant to Section 403.5113(1), Florida Statute (F.S.), but does not require modification to the SCA. This letter serves as notification of the approval of the proposed amendment.

The CCS is currently experiencing higher than normal warm water conditions that could impact operations. The SFWMD has reviewed the request from FPL and supports this request for temporary use provided that the total use does not exceed the 14.06 MGD average daily withdrawal or the 4,599 MGY average annual withdrawal and that such withdrawals are included in the quarterly reports required in Condition XX.C.4.

Failure to comply with all existing requirements of the Conditions of Certification, pursuant to section 403.514, F.S. shall constitute a violation of Chapter 403. The Departments notification shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), within 21 days of receipt of this order. The procedures for petitioning for a hearing are set forth below.

www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 2 of 5 Persons affected by this order have the following options:

If you choose to accept the above decision by the Department concerning the post certification amendment you do not have to do anything. This order is final and effective as of the date on the top of the first page of this order.

If you disagree with the decision, you may do one of the following:

1. File a petition for administrative hearing with the Departments Office of General Counsel within 21 days of receipt of this order; or

2. File a request for an extension of time to file a petition for hearing with the Departments Office of General Counsel within 21 days of receipt of this order. Such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing.

Please be advised that mediation of this decision pursuant to Section 120.573, F.S., is not available.

How to Request an Extension of Time to File a Petition for Hearing For good cause shown, pursuant to subsection 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for hearing. Such a request must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this order. Petitioner, if different from the addressee, shall mail a copy of the request to the addressee at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made.

How to File a Petition for Administrative Hearing A person whose substantial interests are affected by this order may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this order. Petitioner, if different from the addressee, shall mail a copy of the petition to the addressee at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under Sections 120.569 and 120.57, F.S.

Pursuant to Sections 120.54(5)(b)4 and 120.569(2), F.S. and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information:

a) The name, address, and telephone number of each petitioner, the name, address, and telephone number of the petitioners representative, if any, the site owners name and address, if different from the petitioner, the DEP certification number for the facility, and the name and address of the facility; b) A statement of how and when each petitioner received notice of the Departments action or proposed action; c) An explanation of how each petitioners substantial interests are or will be affected by the Departments action or proposed action; d) A statement of the material facts disputed by the petitioner, or a statement that there are no disputed facts; www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 3 of 5 e) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Departments action or proposed action; f) A statement of the specific rules or statutes the petitioner contends requires reversal or modification of the Departments action or proposed action; and g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Departments action or proposed action.

This order is final and effective as of the date on the top of the first page of this order. Timely filing a petition for administrative hearing postpones the date this order takes effect until the Department issues either a final order pursuant to an administrative hearing or an order responding to supplemental information provided to the Department pursuant to meetings with the Department.

Judicial Review Any party to this order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department (see below).

Questions Any questions regarding the Departments review of this amendment request should be directed to Ann Seiler at (850) 717-9113. Questions regarding legal issues should be referred to the Departments Office of General Counsel at (850) 245-2257. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing.

Sincerely, Justin B. Green, Administrator Siting Coordination Office CC by email:

Jill Creech, FDEP: jill.creech@dep.state.fl.us Paul Wierzbicki, FDEP: paul.wierzbicki@dep.state.fl.us Stacy Foster, FPL: stacy.foster@fpl.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby ereby acknowledged.

____________________________

___

________

____

________

____

____

_____

__ ________________

6/27/14 lerk Clerk Date www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 4 of 5 Service List: CC by email (Document Access Verification Requested)

Justin G. Wolfe Dennis Kerbel, Assistant County Attorney Deputy General Counsel Miami Dade County Department of Environmental Protection 111 N.W. 1st Street 3900 Commonwealth Blvd., M.S. 35 Suite 2810 Tallahassee, Florida 32399-3000 Miami, Florida 33128 Justin.G.Wolfe@dep.state.fl.us dkerbel@miamidade.gov Anthony Pinzino Scott Sanders FL Fish & Wildlife Conservation Commission FL Fish & Wildlife Conservation Commission 620 South Meridian Street 620 South Meridian Street Tallahassee, Florida 32399-1600 Tallahassee, Florida 32399-1600 anthony.pinzino@myfwc.com FWCConservationPlanningServices@myfwc.com Scott Rogers Jeff Collier Esq.

Department of Economic Opportunity South Florida Water Management District 107 East Madison St. 3301 Gun Club Road Tallahassee, Florida 32399 West Palm Beach, Florida 33406 Scott.Rogers@deo.myflorida.com jacollier@sfwmd.gov Adam Teitzman, Attorney Supervisor Karen Hamilton Florida Public Service Commission Regional Planner Office of General Counsel South Florida Regional Planning Council 2450 Shumard Oak Boulevard 3440 Hollywood Boulevard, Suite 140 Tallahassee, Florida 32399-0850 Hollywood, Florida 33021 ateitzma@psc.state.fl.us khamilton@sfrpc.com Lee Hefty Kimberly Menchion, Esq.

Director, DERM Assistant General Counsel Miami Dade County Connie Mitchell 701 NW 1st Court Suite 400 Department of Transportation Miami, Florida 33136 605 Suwannee Street, MS 58 HeftyL@miamidade.gov Tallahassee, Florida 32399-0458 kimberly.menchion@dot.state.fl.us connie.mitchell@dot.state.fl.us Deena Woodward Patricia Anderson, Chief Permitting and Compliance Bureau of Water Bureau of Historic Preservation Department of Health R.A. Gray Building 4042 Bald Cypress Way 500 South Bronough Tallahassee, Florida 32399-1742 Tallahassee, Florida 32399 patti_anderson@doh.state.fl.us deena.woodward@dos.myflorida.com www.dep.state.fl.us

AM14-074 Amendment Request FPL Turkey Point Plant - Units 3 -5 June 27, 2014 Page 5 of 5 Samuel S. Goren, Esq South Florida Regional Planning Council 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308-4311 sgoren@cityatty.com www.dep.state.fl.us