ML16006A063

Transcript of Pre-Hearing Teleconference on January 4, 2016

ML16006A063
Person / Time
Site:	Turkey Point
Issue date:	01/04/2016
From:	Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 50836
Download: ML16006A063 (23)

Text

Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

In the Matter of Florida Power & Light Company Docket Number: 50-250-LA 50-251-LA ASLBP Number: 15-935-02-LA-BD01 Location: Teleconference Date: January 4, 2016 Work Order No.: NRC-2119 Pages 237-258 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

237 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +

4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 + + + + +

6 HEARING 7 ----------------------x 8 In the Matter of:  :

9 FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA 10 COMPANY  : 50-251-LA 11  : ASLBP No. 15-935-02-LA-BD01 12 (Turkey Point Nuclear :

13 Generating, Units 3  :

14 and 4)  :

15 ----------------------x 16 Monday, 17 January 4, 2016 18 19 Teleconference 20 21 BEFORE:

22 MICHAEL M. GIBSON, Chairman 23 DR. MICHAEL F. KENNEDY, Administrative 24 Judge 25 DR. WILLIAM W. SAGER, Administrative Judge NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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238 1 APPEARANCES:

2 3 On Behalf of the Applicant:

4 STEVEN C. HAMRICK, ESQ.

5 of: Florida Power and Light Company 6 801 Pennsylvania Avenue, N.W.

7 Suite 220 8 Washington, D.C. 20004 9 202-349-3496 10 steven.hamrick@fpl.com 11 12 On Behalf of the Nuclear Regulatory Commission:

13 BRIAN HARRIS, ESQ.

14 CATHERINE KANATAS, ESQ.

15 DAVID ROTH, ESQ.

16 AUDREY KLETT, Project Manager, Turkey Point 17 of: U.S. Nuclear Regulatory Commission 18 Office of the General Counsel 19 Mail Stop O-15 D21 20 Washington, D.C. 20555-0001 21 301-415-1392 22 brian.harris@nrc.gov 23 catherine.kanatas@nrc.gov 24 david.roth@nrc.gov 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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239 1 On Behalf of Citizens Allied for Safe Energy, 2 Inc. (CASE):

3 BARRY J. WHITE, President 4 of Citizens Allied for Safe Energy, Inc. (CASE) 5 10001 Southwest 123rd Terrace 6 Miami, Florida 33176 7 305-251-1960 8 bwtamia@bellsouth.net 9

10 11 ALSO PRESENT:

12 SARA CULLER, ASLB 13 NICOLE PEPPERL, Law Clerk, ASLB 14 JENNIFER SCRO, Law Clerk, ASLB 15 ANDREW WELKIE, ASLB 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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240 1 TABLE OF CONTENTS 2

3 FPL 4 Exhibit No. Mrkd Recd 5 FPL-001 through FPL-031 -- 8 6 14A through F -- 8 7 17A and 17B -- 8 8 24A through G -- 8 9 FPL-032R -- 8 10 0-FPL-033 through 0-FPL-036 -- 8 11 FPL-37 -- 22 12 13 NRC 14 Exhibit No. Mrkd Recd 15 NRC-001 through NRC-022 -- 9 16 NRC-024 through NRC-049 -- 9 17 18 INT 19 Exhibit No. Mrkd Recd 20 INT-000 10 10 21 INT-001 -- 10 22 INT-002 through INT-006 -- 15 23 INT-076 10 10 24 INT-012 -- 12 25 INT-013 -- 12 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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241 1 INT-029 -- 12 2 INT-030 -- 12 3 INT-042 -- 12 4 INT-043 -- 12 5

6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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242 1 P R O C E E D I N G S 2 10:04 a.m.

3 CHAIRMAN GIBSON: Good morning, this is 4 Judge Gibson.

5 Is our Court Reporter on the line?

6 COURT REPORTER: Yes, I am.

7 CHAIRMAN GIBSON: Great.

8 We are here today on a Pre-Trial 9 Conference for the evidentiary hearing concerning 10 United States Regulatory Commissions issuance of 11 license amendments that increase the ultimate heat 12 sink water temperature limit for the cooling canal 13 system at the Turkey Point Nuclear Power Plant.

14 This evidentiary hearing will begin next 15 week in Homestead, Florida on Monday, January 11 and 16 Tuesday, January 12.

17 With me on the line are the other members 18 of the Board conducting this evidentiary hearing, 19 Judge Michael Kennedy and Judge William Sager.

20 Next, I would like to have announcements 21 of counsel, beginning first with FPL.

22 MR. HAMRICK: Yes, good morning.

23 This is Steven Hamrick, counsel for FPL.

24 CHAIRMAN GIBSON: Thank you.

25 Counsel for the Nuclear Regulatory NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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243 1 Commission Staff?

2 MR. HARRIS: Yes, Your Honor.

3 This is Brian Harris for the Nuclear 4 Regulatory Commission Staff. And, with me in the room 5 is Cathy Kanatas and David Roth, also counsel for the 6 NRC and Audrey Klett whos the PM for Turkey Point.

7 CHAIRMAN GIBSON: Thank you.

8 Representative for CASE?

9 MR. WHITE: Good morning. Barry White, 10 Authorized Representative for CASE.

11 CHAIRMAN GIBSON: All right, did I miss 12 anyone?

13 Very well.

14 Also on the phone with us today are our 15 two law clerks, Nicole Pepperl and Jennifer Scro as 16 well as a member of the Boards IT staff, Andy Welkie 17 who will be attending the hearing and Ms. Sara Culler 18 as our administrative staff.

19 I need to tell you all that there, as 20 about the time this call started, fire engines started 21 collecting immediately below our office. I think 22 theres probably some sort of demonstration or test or 23 something, but hopefully, theres nothing serious.

24 But, I just need to let you all know that. Its a 25 little weird.

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244 1 But, anyway, Id like to begin with the 2 admission of evidence.

3 Counsel for FPL, we have your exhibit list 4 which indicates that you are offering FPL-001 to FPL-5 036 and that you have also filed a revised Exhibit 6 FPL-032R. Is that correct?

7 MR. HAMRICK: That is correct, Your Honor.

8 CHAIRMAN GIBSON: Is there any objection 9 to the admission of these exhibits?

10 Very well, hearing none, Applicants 11 Exhibits FPL-001-FPL-031 including all subparts which 12 would be Exhibit 14A through F, 17A and B and 24A 13 through G as well as FPL-032R and 0-FPL-033 to 0-FLP-14 036 are admitted.

15 (Whereupon, the above-referred to 16 documents were received into evidence as Applicants 17 Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A 18 and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-19 036.)

20 CHAIRMAN GIBSON: Counsel, for the NRC 21 Staff, your exhibit list indicates that you are 22 offering NRC-001 to NRC-022 and NRC-024 to NRC-049.

23 Is that correct?

24 MR. HARRIS: Yes, Your Honor.

25 CHAIRMAN GIBSON: Is there any objection NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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245 1 to the admission of these exhibits?

2 Very well, hearing none, NRC Staff 3 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are 4 admitted.

5 (Whereupon, the above-referred to 6 documents were received into evidence as NRC Staff 7 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)

8 CHAIRMAN GIBSON: Finally, we consider 9 Intervenors exhibits.

10 Mr. White, according to your exhibit list, 11 you have offered INT-001 to INT-075. Is that correct?

12 MR. WHITE: Yes, sir.

13 CHAIRMAN GIBSON: Several objections have 14 already been lodged to the exhibits in some Motions 15 that have been filed and we will make note of those as 16 we go.

17 However, I need to note initially that the 18 Board has a number of issues with several of these 19 exhibits.

20 First of all, Mr. White, as youre aware, 21 some of CASEs submissions were stricken from the 22 record in the Boards December 22 Order.

23 In the wake of that Order and for the sake 24 of clarity, the Board will admit CASEs Statement of 25 Position which will be marked as INT-000. And, it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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246 1 will be done so with appropriate redlining to reflect 2 the Boards December 22 decision.

3 (Whereupon, the above-referred to document 4 was marked and received into evidence as Intervenors 5 Exhibit INT-000.)

6 CHAIRMAN GIBSON: CASE also filed two 7 versions of INT-001, one on October 9, 2015 and the 8 second on October 26, 2015 following the Boards Order 9 to renumber CASEs exhibits.

10 The Board admits CASEs October 26 version 11 of INT-001, also with appropriate redlining.

12 And, the Board also admits CASEs Rebuttal 13 Statement as INT-076 with redlining.

14 (Whereupon, the above-referred to document 15 was received into evidence as Intervenors Exhibit 16 INT-001 and Intervenors Exhibit INT-076.)

17 CHAIRMAN GIBSON: Now, the redlined 18 versions of CASEs Statement of Position which is now 19 INT-000 as well as INT-001 and CASEs Rebuttal 20 Statement which is now INT-076, the redlined versions 21 of those will be sent to the parties after this Pre-22 Trial Conference and made available on ADAMS.

23 If FPL or the NRC Staff wishes to lodge 24 any addition objections to any of these three 25 exhibits, please do so in writing within two business NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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247 1 days of your receipt of the copies that the clerks 2 will be emailing you shortly.

3 Now, the second item, Mr. White, is that 4 a number of the items to which youve assigned exhibit 5 numbers are contained within CASEs Statement of 6 Position which, as I indicated, we have just marked as 7 INT-000 or within INT-001 or within INT-002.

8 The Board sees no reason to confuse the 9 proceedings further by using separate exhibit numbers 10 for these references.

11 Therefore, all documents that are 12 contained within INT-000, INT-001 or INT-002, and I 13 should add and that were not filed as separate 14 documents, will be identified by the page number of 15 one of those exhibits.

16 Let me give an example. CASE quotes from 17 an email dated March 1, 2015 in its initial Statement 18 of Position at page 47. It also assigned a separate 19 exhibit number to that email, INT-027.

20 During our hearing next week, instead of 21 referring to this email as INT-027, we will refer to 22 it as INT-000 at page 47.

23 Now to be sure, there are some documents 24 that were filed as exhibits but that were not 25 contained within INT-000, 001 or 002.

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248 1 Specifically, these exhibits are INT-012, 2 INT-013, INT-029, INT-030, INT-042 and INT-043.

3 Therefore, these exhibits will retain 4 their given exhibit number by case.

5 Does anyone have any questions about this 6 change or fix, I should say?

7 Hearing none, is there any objection to 8 admitting INT-012, 013, 029, 030, 042 and 043?

9 Hearing none, those exhibits are admitted.

10 (Whereupon, the above-referred to 11 documents were received into evidence as Intervenors 12 Exhibits INT-012, INT-013, INT-029, INT-030, INT-042 13 and INT-043.)

14 CHAIRMAN GIBSON: Third, now, Mr. White, 15 there is an issue with some of CASEs exhibits in that 16 CASE references documents that are in ADAMS. But, 17 instead of providing the document itself, CASE only 18 provides the ADAMS accession number.

19 A few of these exhibits have already been 20 admitted as NRC or FPL exhibits. Im going to go 21 through those to make it clear for the record.

22 INT-009 was also listed as NRC-009.

23 INT-014 was also listed as FPL-008.

24 INT-015 was also listed as NRC-022.

25 INT-033 was also exhibit listed as NRC-NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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249 1 020.

2 INT-034 is a little more complicated.

3 This ML number actually pulls up a package of two 4 documents. One is the same document as INT-033 which 5 is NRC-020 and the other is the biological assessment 6 which is INT-048 which is also listed as NRC-010. So, 7 those are basically covered by other exhibits.

8 INT-035 is also NRC-018.

9 INT-045 is also NRC-036.

10 INT-048 is also NRC-010.

11 Now, the Board sees no reason to admit 12 duplicate exhibits and so we will disregard INT-009, 13 014, 015, 033, 034, 035, 045 and 048.

14 If CASE wishes to lodge an objection to 15 these exhibits not being admitted, please do so in 16 writing within two business days of this call.

17 However, there are three ADAMS documents, 18 INT-017, INT-028 and INT-039 where CASE did not 19 provide the actual document and there are not 20 duplicative of either an FPL exhibit or an NRC Staff 21 exhibit.

22 The first is, lets take INT-039 first.

23 This is an Environmental Review guidance document for 24 licensing actions associated with the Office of 25 Nuclear Material Safety and Safeguards, or NMSS.

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250 1 Since this license amendment is not 2 associated with or regulated by NMSS, but rather is 3 regulated by the Office of Nuclear Reactor Regulation, 4 or NRR, the Board fails to see any possible relevance 5 of this document to this proceeding.

6 Therefore, the Board will not admit 039.

7 We do note, however, Mr. White, that the 8 staff has provided the Environmental Review Guidance 9 for NRR in NRC-027 and NRC-028.

10 Nevertheless, if CASE wishes to lodge an 11 objection to INT-039 not being admitted, please do so 12 in writing within two business days of this hearing, 13 of this Pre-Trial call.

14 The other two documents are INT-017 and 15 INT-028. These appear to be relevant documents and 16 the Boards law clerks will provide the parties with 17 copies of documents at the end of this Pre-Trial 18 Conference.

19 We will make a decision on whether to 20 admit INT-017 and INT-028 no later than the start of 21 our hearing on Monday next week.

22 But, in the interim, the parties should 23 ensure that their witnesses will be prepared to 24 testify as to any issues addressed in these documents 25 relevant to this proceeding in the event they are NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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251 1 admitted.

2 If FPL or the NRC staff wishes to lodge an 3 objection to either -- to the admission of either of 4 these two exhibits, please do so in writing within two 5 business days of your receipt of the copies that the 6 clerks will be sending you by email shortly.

7 Now, in addition to these INT exhibits, 8 INT-008, INT-010 and INT-011 are previous Board Orders 9 and filings from this proceeding.

10 The Board sees no reason to admit 11 pleadings as separate hearing exhibits or Orders as 12 hearing exhibits. Nevertheless, if CASE wishes to 13 lodge an objection to INT-008, 010 or 011 not being 14 admitted, please do so in writing within two business 15 days of this hearing.

16 So, in summary, INT-000 to INT-006, INT-17 012, INT-013, INT-029, INT-030, INT-042, INT-043 and 18 INT-076 are admitted.

19 (Whereupon, the above-referred to 20 documents were received into evidence as Intervenors 21 Exhibits INT-002 through INT-006.)

22 As for INT-017 and INT-028, the Board will 23 rule on whether to admit either or both no later than 24 the start of our hearing on Monday.

25 Now, did I miss any exhibits?

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252 1 Okay, apparently not, so we will proceed 2 with the rest of the issues for Pre-Trial.

3 Consistent with our December 22 decision, 4 we previously ordered -- I want to make sure that you 5 all recognize when you do prepare any objections that 6 the reliability or hearsay nature of any evidence will 7 go not to its admissibility per se but to its 8 probative value. So, please consider that if youre 9 preparing any objections.

10 We anticipate also issuing an Order that 11 will memorialize the admission of all these exhibits 12 shortly and itll probably be the second thing you get 13 after you get the other emails from the clerks about 14 the redline copies of the exhibits and the copies of 15 those three exhibits -- two exhibits that were 16 admitted or that you all should consider, INT-017 and 17 028.

18 Okay, moving on to other Pre-Trial 19 matters, I want to explain our planned schedule for 20 the witnesses next week.

21 The Board will begin its questions with 22 Dr. Stoddard. We will ask the questions of him that 23 we deem important.

24 But once we have concluded our initial 25 examination of Dr. Stoddard, we will recess and well NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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253 1 afford the parties an opportunity to submit suggested 2 additional questions.

3 The Board will consider which, if any, of 4 these questions to ask and then Dr. Stoddard will be 5 excused for the remainder of the proceeding.

6 We expect to finish all questions we have 7 for him by 11:00 a.m. on Monday.

8 Thereafter, the Board will then empanel 9 FPLs three witnesses and the NRC staffs four 10 witnesses.

11 We would like all of these witnesses to be 12 available for the entirety of the proceeding unless 13 FPL or the NRC staff inform me otherwise, I will 14 assume that all seven of these witnesses will be able 15 to attend the hearing all day on Monday, January 11 16 and on Tuesday, January 12.

17 Finally, and this probably goes more for 18 Mr. White than for the other two since hes not a 19 lawyer, I want to clarify that this evidentiary 20 hearing will be conducted very differently from the 21 oral argument that the Board held last January.

22 The purpose of this hearing is for the 23 Board to ask questions of the witnesses so that we can 24 have a clear record for our decision.

25 This is not the time for legal or policy NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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254 1 arguments. Rather, this is the time for the Board to 2 determine the merits of the admitted contention.

3 Accordingly, the Board will spend most of 4 its time directing its questions to the witnesses and 5 very little time talking to counsel or to, in this 6 case, CASEs representative, Mr. White.

7 But, before we end the hearing, we will 8 give the parties another chance to submit additional 9 suggested questions for the witnesses. And, other 10 than, of course, Dr. Stoddard, and then well have to 11 have questions for as soon as he finishes talking.

12 And so, I would suggest that, as the Board 13 is interrogating these witnesses on Monday and 14 Tuesday, it would be a good idea for you to be jotting 15 down any possible questions as we go through the 16 hearing rather than trying to come up with them at the 17 end because we will not be affording you a whole lot 18 of time to put those together.

19 You need to basically have them ready by 20 the time we finish interrogating the witnesses.

21 MR. HARRIS: Your Honor, this is Brian 22 Harris for the staff.

23 CHAIRMAN GIBSON: Yes, Mr. Harris?

24 MR. HARRIS: Just as a point of 25 clarification, how do you expect the parties to be NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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255 1 submitting these proposed questions or, you know, 2 paper or through the EIE system or is there some other 3 method youre contemplating for the submission of 4 these proposed questions at the hearing?

5 CHAIRMAN GIBSON: Well, if you have a 6 laptop with Internet access, my suggestion would be 7 that you emailed them to the two law clerks. And, you 8 will have their email addresses shortly when they send 9 you this stuff out.

10 However, if it is not possible for you to 11 submit them by email, then you will just have them 12 written down on a piece of paper and we will accept 13 them that way.

14 Fair enough?

15 MR. HARRIS: Thank you, Your Honor.

16 CHAIRMAN GIBSON: Yes.

17 Mr. White, if you have any questions about 18 your role in this hearing, now would be a good time to 19 ask them. Do you understand what I just told you?

20 MR. WHITE: Yes, sir, and it was quite 21 clear. Thank you.

22 CHAIRMAN GIBSON: Good.

23 Are there any further administrative 24 matters that we need to discuss?

25 Counsel for FPL?

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256 1 MR. HAMRICK: Yes, I have a couple of 2 questions.

3 The initial scheduling order mentioned 4 that the close of discovery would correspond with the 5 close of the hearing. And, I just wanted to get some 6 clarification on whether that would be Tuesday the 7 12th at the close of the hearing or whether the 8 discovery would continue until, you know, the formal 9 conclusion of the hearing following, you know, 10 transcript corrections and that kind of thing?

11 Or, what your expectation is for the end 12 of mandatory disclosures?

13 CHAIRMAN GIBSON: Limited appearance 14 statements could come in until the 15th. So, why 15 dont we have our disclosures go through that date?

16 Fair enough?

17 MR. HAMRICK: Okay, thank you.

18 CHAIRMAN GIBSON: Yes. Is there anything 19 else?

20 MR. HAMRICK: It sounded like you were not 21 anticipating or requesting any opening or closing 22 statements of counsel or representatives as well.

23 CHAIRMAN GIBSON: You know, were 24 definitely -- dont -- wont need any opening. I will 25 say this, it is possible we may want to have a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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257 1 closing. If we do, it will be very short and it will 2 be focused on perhaps a legal issue or an 3 environmental policy question that we may have 4 involving the EA. I doubt it will have anything in 5 terms of the merits of the contention per se, the 6 factual merits of the contention per se.

7 But, its possible, but I wouldnt spend 8 a lot of time preparing a lengthy opening or closing 9 because Im sure it would be scintillating but theres 10 really not a whole lot to add to what the witnesses 11 are going to be saying at this point. I think we 12 understand the issues.

13 MR. HAMRICK: Thank you.

14 CHAIRMAN GIBSON: Very well.

15 Is there anything else?

16 FPL?

17 MR. HAMRICK: Well, I dont know if this 18 is the right time or not, but I wanted to bring this 19 up to your attention that on the December 31st, the 20 Administrative Law Judge in the L31 Hearing in Florida 21 issued an Order following the hearing on that matter.

22 And, I plan to submit that to the Board 23 today, but I just wanted to alert you to that 24 occurrence.

25 CHAIRMAN GIBSON: Very well, thank you.

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258 1 Hold on just one second.

2 Okay, recognizing we dont have it in 3 front of us, what I would like you to do is to submit 4 that, if you could, as FPL-37 and, unless theres some 5 objection, that Administrative Order will be admitted 6 as FPL-37.

7 (Whereupon, the above-referred to document 8 was received into evidence as FPL-37.)

9 MR. HAMRICK: Okay, thank you.

10 CHAIRMAN GIBSON: Yes, and thank you for 11 bringing that to our attention, counsel, appreciate 12 that. Is there anything else from FPL?

13 MR. HAMRICK: Not at this time.

14 CHAIRMAN GIBSON: NRC staff, is there 15 anything you need to raise with us?

16 MR. HARRIS: Not at this time, Your Honor.

17 CHAIRMAN GIBSON: Mr. White, is there 18 anything you need to raise with us?

19 MR. WHITE: No, sir.

20 CHAIRMAN GIBSON: Okay, very well. Well, 21 we thank you so much for your time and we will see you 22 all next week in Florida. Have a good week. Thank 23 you so much.

24 (Whereupon, the above-entitled matter went 25 off the record at 10:31 a.m.)

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Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

In the Matter of Florida Power & Light Company Docket Number: 50-250-LA 50-251-LA ASLBP Number: 15-935-02-LA-BD01 Location: Teleconference Date: January 4, 2016 Work Order No.: NRC-2119 Pages 237-258 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

237 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +

4 ATOMIC SAFETY AND LICENSING BOARD PANEL 5 + + + + +

6 HEARING 7 ----------------------x 8 In the Matter of:  :

9 FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA 10 COMPANY  : 50-251-LA 11  : ASLBP No. 15-935-02-LA-BD01 12 (Turkey Point Nuclear :

13 Generating, Units 3  :

14 and 4)  :

15 ----------------------x 16 Monday, 17 January 4, 2016 18 19 Teleconference 20 21 BEFORE:

22 MICHAEL M. GIBSON, Chairman 23 DR. MICHAEL F. KENNEDY, Administrative 24 Judge 25 DR. WILLIAM W. SAGER, Administrative Judge NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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238 1 APPEARANCES:

2 3 On Behalf of the Applicant:

4 STEVEN C. HAMRICK, ESQ.

5 of: Florida Power and Light Company 6 801 Pennsylvania Avenue, N.W.

7 Suite 220 8 Washington, D.C. 20004 9 202-349-3496 10 steven.hamrick@fpl.com 11 12 On Behalf of the Nuclear Regulatory Commission:

13 BRIAN HARRIS, ESQ.

14 CATHERINE KANATAS, ESQ.

15 DAVID ROTH, ESQ.

16 AUDREY KLETT, Project Manager, Turkey Point 17 of: U.S. Nuclear Regulatory Commission 18 Office of the General Counsel 19 Mail Stop O-15 D21 20 Washington, D.C. 20555-0001 21 301-415-1392 22 brian.harris@nrc.gov 23 catherine.kanatas@nrc.gov 24 david.roth@nrc.gov 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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239 1 On Behalf of Citizens Allied for Safe Energy, 2 Inc. (CASE):

3 BARRY J. WHITE, President 4 of Citizens Allied for Safe Energy, Inc. (CASE) 5 10001 Southwest 123rd Terrace 6 Miami, Florida 33176 7 305-251-1960 8 bwtamia@bellsouth.net 9

10 11 ALSO PRESENT:

12 SARA CULLER, ASLB 13 NICOLE PEPPERL, Law Clerk, ASLB 14 JENNIFER SCRO, Law Clerk, ASLB 15 ANDREW WELKIE, ASLB 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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240 1 TABLE OF CONTENTS 2

3 FPL 4 Exhibit No. Mrkd Recd 5 FPL-001 through FPL-031 -- 8 6 14A through F -- 8 7 17A and 17B -- 8 8 24A through G -- 8 9 FPL-032R -- 8 10 0-FPL-033 through 0-FPL-036 -- 8 11 FPL-37 -- 22 12 13 NRC 14 Exhibit No. Mrkd Recd 15 NRC-001 through NRC-022 -- 9 16 NRC-024 through NRC-049 -- 9 17 18 INT 19 Exhibit No. Mrkd Recd 20 INT-000 10 10 21 INT-001 -- 10 22 INT-002 through INT-006 -- 15 23 INT-076 10 10 24 INT-012 -- 12 25 INT-013 -- 12 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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241 1 INT-029 -- 12 2 INT-030 -- 12 3 INT-042 -- 12 4 INT-043 -- 12 5

6 7

8 9

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242 1 P R O C E E D I N G S 2 10:04 a.m.

3 CHAIRMAN GIBSON: Good morning, this is 4 Judge Gibson.

5 Is our Court Reporter on the line?

6 COURT REPORTER: Yes, I am.

7 CHAIRMAN GIBSON: Great.

8 We are here today on a Pre-Trial 9 Conference for the evidentiary hearing concerning 10 United States Regulatory Commissions issuance of 11 license amendments that increase the ultimate heat 12 sink water temperature limit for the cooling canal 13 system at the Turkey Point Nuclear Power Plant.

14 This evidentiary hearing will begin next 15 week in Homestead, Florida on Monday, January 11 and 16 Tuesday, January 12.

17 With me on the line are the other members 18 of the Board conducting this evidentiary hearing, 19 Judge Michael Kennedy and Judge William Sager.

20 Next, I would like to have announcements 21 of counsel, beginning first with FPL.

22 MR. HAMRICK: Yes, good morning.

23 This is Steven Hamrick, counsel for FPL.

24 CHAIRMAN GIBSON: Thank you.

25 Counsel for the Nuclear Regulatory NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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243 1 Commission Staff?

2 MR. HARRIS: Yes, Your Honor.

3 This is Brian Harris for the Nuclear 4 Regulatory Commission Staff. And, with me in the room 5 is Cathy Kanatas and David Roth, also counsel for the 6 NRC and Audrey Klett whos the PM for Turkey Point.

7 CHAIRMAN GIBSON: Thank you.

8 Representative for CASE?

9 MR. WHITE: Good morning. Barry White, 10 Authorized Representative for CASE.

11 CHAIRMAN GIBSON: All right, did I miss 12 anyone?

13 Very well.

14 Also on the phone with us today are our 15 two law clerks, Nicole Pepperl and Jennifer Scro as 16 well as a member of the Boards IT staff, Andy Welkie 17 who will be attending the hearing and Ms. Sara Culler 18 as our administrative staff.

19 I need to tell you all that there, as 20 about the time this call started, fire engines started 21 collecting immediately below our office. I think 22 theres probably some sort of demonstration or test or 23 something, but hopefully, theres nothing serious.

24 But, I just need to let you all know that. Its a 25 little weird.

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244 1 But, anyway, Id like to begin with the 2 admission of evidence.

3 Counsel for FPL, we have your exhibit list 4 which indicates that you are offering FPL-001 to FPL-5 036 and that you have also filed a revised Exhibit 6 FPL-032R. Is that correct?

7 MR. HAMRICK: That is correct, Your Honor.

8 CHAIRMAN GIBSON: Is there any objection 9 to the admission of these exhibits?

10 Very well, hearing none, Applicants 11 Exhibits FPL-001-FPL-031 including all subparts which 12 would be Exhibit 14A through F, 17A and B and 24A 13 through G as well as FPL-032R and 0-FPL-033 to 0-FLP-14 036 are admitted.

15 (Whereupon, the above-referred to 16 documents were received into evidence as Applicants 17 Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A 18 and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-19 036.)

20 CHAIRMAN GIBSON: Counsel, for the NRC 21 Staff, your exhibit list indicates that you are 22 offering NRC-001 to NRC-022 and NRC-024 to NRC-049.

23 Is that correct?

24 MR. HARRIS: Yes, Your Honor.

25 CHAIRMAN GIBSON: Is there any objection NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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245 1 to the admission of these exhibits?

2 Very well, hearing none, NRC Staff 3 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are 4 admitted.

5 (Whereupon, the above-referred to 6 documents were received into evidence as NRC Staff 7 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)

8 CHAIRMAN GIBSON: Finally, we consider 9 Intervenors exhibits.

10 Mr. White, according to your exhibit list, 11 you have offered INT-001 to INT-075. Is that correct?

12 MR. WHITE: Yes, sir.

13 CHAIRMAN GIBSON: Several objections have 14 already been lodged to the exhibits in some Motions 15 that have been filed and we will make note of those as 16 we go.

17 However, I need to note initially that the 18 Board has a number of issues with several of these 19 exhibits.

20 First of all, Mr. White, as youre aware, 21 some of CASEs submissions were stricken from the 22 record in the Boards December 22 Order.

23 In the wake of that Order and for the sake 24 of clarity, the Board will admit CASEs Statement of 25 Position which will be marked as INT-000. And, it NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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246 1 will be done so with appropriate redlining to reflect 2 the Boards December 22 decision.

3 (Whereupon, the above-referred to document 4 was marked and received into evidence as Intervenors 5 Exhibit INT-000.)

6 CHAIRMAN GIBSON: CASE also filed two 7 versions of INT-001, one on October 9, 2015 and the 8 second on October 26, 2015 following the Boards Order 9 to renumber CASEs exhibits.

10 The Board admits CASEs October 26 version 11 of INT-001, also with appropriate redlining.

12 And, the Board also admits CASEs Rebuttal 13 Statement as INT-076 with redlining.

14 (Whereupon, the above-referred to document 15 was received into evidence as Intervenors Exhibit 16 INT-001 and Intervenors Exhibit INT-076.)

17 CHAIRMAN GIBSON: Now, the redlined 18 versions of CASEs Statement of Position which is now 19 INT-000 as well as INT-001 and CASEs Rebuttal 20 Statement which is now INT-076, the redlined versions 21 of those will be sent to the parties after this Pre-22 Trial Conference and made available on ADAMS.

23 If FPL or the NRC Staff wishes to lodge 24 any addition objections to any of these three 25 exhibits, please do so in writing within two business NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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247 1 days of your receipt of the copies that the clerks 2 will be emailing you shortly.

3 Now, the second item, Mr. White, is that 4 a number of the items to which youve assigned exhibit 5 numbers are contained within CASEs Statement of 6 Position which, as I indicated, we have just marked as 7 INT-000 or within INT-001 or within INT-002.

8 The Board sees no reason to confuse the 9 proceedings further by using separate exhibit numbers 10 for these references.

11 Therefore, all documents that are 12 contained within INT-000, INT-001 or INT-002, and I 13 should add and that were not filed as separate 14 documents, will be identified by the page number of 15 one of those exhibits.

16 Let me give an example. CASE quotes from 17 an email dated March 1, 2015 in its initial Statement 18 of Position at page 47. It also assigned a separate 19 exhibit number to that email, INT-027.

20 During our hearing next week, instead of 21 referring to this email as INT-027, we will refer to 22 it as INT-000 at page 47.

23 Now to be sure, there are some documents 24 that were filed as exhibits but that were not 25 contained within INT-000, 001 or 002.

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248 1 Specifically, these exhibits are INT-012, 2 INT-013, INT-029, INT-030, INT-042 and INT-043.

3 Therefore, these exhibits will retain 4 their given exhibit number by case.

5 Does anyone have any questions about this 6 change or fix, I should say?

7 Hearing none, is there any objection to 8 admitting INT-012, 013, 029, 030, 042 and 043?

9 Hearing none, those exhibits are admitted.

10 (Whereupon, the above-referred to 11 documents were received into evidence as Intervenors 12 Exhibits INT-012, INT-013, INT-029, INT-030, INT-042 13 and INT-043.)

14 CHAIRMAN GIBSON: Third, now, Mr. White, 15 there is an issue with some of CASEs exhibits in that 16 CASE references documents that are in ADAMS. But, 17 instead of providing the document itself, CASE only 18 provides the ADAMS accession number.

19 A few of these exhibits have already been 20 admitted as NRC or FPL exhibits. Im going to go 21 through those to make it clear for the record.

22 INT-009 was also listed as NRC-009.

23 INT-014 was also listed as FPL-008.

24 INT-015 was also listed as NRC-022.

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249 1 020.

2 INT-034 is a little more complicated.

3 This ML number actually pulls up a package of two 4 documents. One is the same document as INT-033 which 5 is NRC-020 and the other is the biological assessment 6 which is INT-048 which is also listed as NRC-010. So, 7 those are basically covered by other exhibits.

8 INT-035 is also NRC-018.

9 INT-045 is also NRC-036.

10 INT-048 is also NRC-010.

11 Now, the Board sees no reason to admit 12 duplicate exhibits and so we will disregard INT-009, 13 014, 015, 033, 034, 035, 045 and 048.

14 If CASE wishes to lodge an objection to 15 these exhibits not being admitted, please do so in 16 writing within two business days of this call.

17 However, there are three ADAMS documents, 18 INT-017, INT-028 and INT-039 where CASE did not 19 provide the actual document and there are not 20 duplicative of either an FPL exhibit or an NRC Staff 21 exhibit.

22 The first is, lets take INT-039 first.

23 This is an Environmental Review guidance document for 24 licensing actions associated with the Office of 25 Nuclear Material Safety and Safeguards, or NMSS.

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250 1 Since this license amendment is not 2 associated with or regulated by NMSS, but rather is 3 regulated by the Office of Nuclear Reactor Regulation, 4 or NRR, the Board fails to see any possible relevance 5 of this document to this proceeding.

6 Therefore, the Board will not admit 039.

7 We do note, however, Mr. White, that the 8 staff has provided the Environmental Review Guidance 9 for NRR in NRC-027 and NRC-028.

10 Nevertheless, if CASE wishes to lodge an 11 objection to INT-039 not being admitted, please do so 12 in writing within two business days of this hearing, 13 of this Pre-Trial call.

14 The other two documents are INT-017 and 15 INT-028. These appear to be relevant documents and 16 the Boards law clerks will provide the parties with 17 copies of documents at the end of this Pre-Trial 18 Conference.

19 We will make a decision on whether to 20 admit INT-017 and INT-028 no later than the start of 21 our hearing on Monday next week.

22 But, in the interim, the parties should 23 ensure that their witnesses will be prepared to 24 testify as to any issues addressed in these documents 25 relevant to this proceeding in the event they are NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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251 1 admitted.

2 If FPL or the NRC staff wishes to lodge an 3 objection to either -- to the admission of either of 4 these two exhibits, please do so in writing within two 5 business days of your receipt of the copies that the 6 clerks will be sending you by email shortly.

7 Now, in addition to these INT exhibits, 8 INT-008, INT-010 and INT-011 are previous Board Orders 9 and filings from this proceeding.

10 The Board sees no reason to admit 11 pleadings as separate hearing exhibits or Orders as 12 hearing exhibits. Nevertheless, if CASE wishes to 13 lodge an objection to INT-008, 010 or 011 not being 14 admitted, please do so in writing within two business 15 days of this hearing.

16 So, in summary, INT-000 to INT-006, INT-17 012, INT-013, INT-029, INT-030, INT-042, INT-043 and 18 INT-076 are admitted.

19 (Whereupon, the above-referred to 20 documents were received into evidence as Intervenors 21 Exhibits INT-002 through INT-006.)

22 As for INT-017 and INT-028, the Board will 23 rule on whether to admit either or both no later than 24 the start of our hearing on Monday.

25 Now, did I miss any exhibits?

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252 1 Okay, apparently not, so we will proceed 2 with the rest of the issues for Pre-Trial.

3 Consistent with our December 22 decision, 4 we previously ordered -- I want to make sure that you 5 all recognize when you do prepare any objections that 6 the reliability or hearsay nature of any evidence will 7 go not to its admissibility per se but to its 8 probative value. So, please consider that if youre 9 preparing any objections.

10 We anticipate also issuing an Order that 11 will memorialize the admission of all these exhibits 12 shortly and itll probably be the second thing you get 13 after you get the other emails from the clerks about 14 the redline copies of the exhibits and the copies of 15 those three exhibits -- two exhibits that were 16 admitted or that you all should consider, INT-017 and 17 028.

18 Okay, moving on to other Pre-Trial 19 matters, I want to explain our planned schedule for 20 the witnesses next week.

21 The Board will begin its questions with 22 Dr. Stoddard. We will ask the questions of him that 23 we deem important.

24 But once we have concluded our initial 25 examination of Dr. Stoddard, we will recess and well NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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253 1 afford the parties an opportunity to submit suggested 2 additional questions.

3 The Board will consider which, if any, of 4 these questions to ask and then Dr. Stoddard will be 5 excused for the remainder of the proceeding.

6 We expect to finish all questions we have 7 for him by 11:00 a.m. on Monday.

8 Thereafter, the Board will then empanel 9 FPLs three witnesses and the NRC staffs four 10 witnesses.

11 We would like all of these witnesses to be 12 available for the entirety of the proceeding unless 13 FPL or the NRC staff inform me otherwise, I will 14 assume that all seven of these witnesses will be able 15 to attend the hearing all day on Monday, January 11 16 and on Tuesday, January 12.

17 Finally, and this probably goes more for 18 Mr. White than for the other two since hes not a 19 lawyer, I want to clarify that this evidentiary 20 hearing will be conducted very differently from the 21 oral argument that the Board held last January.

22 The purpose of this hearing is for the 23 Board to ask questions of the witnesses so that we can 24 have a clear record for our decision.

25 This is not the time for legal or policy NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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254 1 arguments. Rather, this is the time for the Board to 2 determine the merits of the admitted contention.

3 Accordingly, the Board will spend most of 4 its time directing its questions to the witnesses and 5 very little time talking to counsel or to, in this 6 case, CASEs representative, Mr. White.

7 But, before we end the hearing, we will 8 give the parties another chance to submit additional 9 suggested questions for the witnesses. And, other 10 than, of course, Dr. Stoddard, and then well have to 11 have questions for as soon as he finishes talking.

12 And so, I would suggest that, as the Board 13 is interrogating these witnesses on Monday and 14 Tuesday, it would be a good idea for you to be jotting 15 down any possible questions as we go through the 16 hearing rather than trying to come up with them at the 17 end because we will not be affording you a whole lot 18 of time to put those together.

19 You need to basically have them ready by 20 the time we finish interrogating the witnesses.

21 MR. HARRIS: Your Honor, this is Brian 22 Harris for the staff.

23 CHAIRMAN GIBSON: Yes, Mr. Harris?

24 MR. HARRIS: Just as a point of 25 clarification, how do you expect the parties to be NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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255 1 submitting these proposed questions or, you know, 2 paper or through the EIE system or is there some other 3 method youre contemplating for the submission of 4 these proposed questions at the hearing?

5 CHAIRMAN GIBSON: Well, if you have a 6 laptop with Internet access, my suggestion would be 7 that you emailed them to the two law clerks. And, you 8 will have their email addresses shortly when they send 9 you this stuff out.

10 However, if it is not possible for you to 11 submit them by email, then you will just have them 12 written down on a piece of paper and we will accept 13 them that way.

14 Fair enough?

15 MR. HARRIS: Thank you, Your Honor.

16 CHAIRMAN GIBSON: Yes.

17 Mr. White, if you have any questions about 18 your role in this hearing, now would be a good time to 19 ask them. Do you understand what I just told you?

20 MR. WHITE: Yes, sir, and it was quite 21 clear. Thank you.

22 CHAIRMAN GIBSON: Good.

23 Are there any further administrative 24 matters that we need to discuss?

25 Counsel for FPL?

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256 1 MR. HAMRICK: Yes, I have a couple of 2 questions.

3 The initial scheduling order mentioned 4 that the close of discovery would correspond with the 5 close of the hearing. And, I just wanted to get some 6 clarification on whether that would be Tuesday the 7 12th at the close of the hearing or whether the 8 discovery would continue until, you know, the formal 9 conclusion of the hearing following, you know, 10 transcript corrections and that kind of thing?

11 Or, what your expectation is for the end 12 of mandatory disclosures?

13 CHAIRMAN GIBSON: Limited appearance 14 statements could come in until the 15th. So, why 15 dont we have our disclosures go through that date?

16 Fair enough?

17 MR. HAMRICK: Okay, thank you.

18 CHAIRMAN GIBSON: Yes. Is there anything 19 else?

20 MR. HAMRICK: It sounded like you were not 21 anticipating or requesting any opening or closing 22 statements of counsel or representatives as well.

23 CHAIRMAN GIBSON: You know, were 24 definitely -- dont -- wont need any opening. I will 25 say this, it is possible we may want to have a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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257 1 closing. If we do, it will be very short and it will 2 be focused on perhaps a legal issue or an 3 environmental policy question that we may have 4 involving the EA. I doubt it will have anything in 5 terms of the merits of the contention per se, the 6 factual merits of the contention per se.

7 But, its possible, but I wouldnt spend 8 a lot of time preparing a lengthy opening or closing 9 because Im sure it would be scintillating but theres 10 really not a whole lot to add to what the witnesses 11 are going to be saying at this point. I think we 12 understand the issues.

13 MR. HAMRICK: Thank you.

14 CHAIRMAN GIBSON: Very well.

15 Is there anything else?

16 FPL?

17 MR. HAMRICK: Well, I dont know if this 18 is the right time or not, but I wanted to bring this 19 up to your attention that on the December 31st, the 20 Administrative Law Judge in the L31 Hearing in Florida 21 issued an Order following the hearing on that matter.

22 And, I plan to submit that to the Board 23 today, but I just wanted to alert you to that 24 occurrence.

25 CHAIRMAN GIBSON: Very well, thank you.

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258 1 Hold on just one second.

2 Okay, recognizing we dont have it in 3 front of us, what I would like you to do is to submit 4 that, if you could, as FPL-37 and, unless theres some 5 objection, that Administrative Order will be admitted 6 as FPL-37.

7 (Whereupon, the above-referred to document 8 was received into evidence as FPL-37.)

9 MR. HAMRICK: Okay, thank you.

10 CHAIRMAN GIBSON: Yes, and thank you for 11 bringing that to our attention, counsel, appreciate 12 that. Is there anything else from FPL?

13 MR. HAMRICK: Not at this time.

14 CHAIRMAN GIBSON: NRC staff, is there 15 anything you need to raise with us?

16 MR. HARRIS: Not at this time, Your Honor.

17 CHAIRMAN GIBSON: Mr. White, is there 18 anything you need to raise with us?

19 MR. WHITE: No, sir.

20 CHAIRMAN GIBSON: Okay, very well. Well, 21 we thank you so much for your time and we will see you 22 all next week in Florida. Have a good week. Thank 23 you so much.

24 (Whereupon, the above-entitled matter went 25 off the record at 10:31 a.m.)

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