ML16006A370

FPL Objection to the Admission of Certain Case Exhibits

ML16006A370
Person / Time
Site:	Turkey Point
Issue date:	01/06/2016
From:	Hamrick S 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 50840
Download: ML16006A370 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-250-LA Florida Power & Light Company ) 50-251-LA

)

(Turkey Point Units 3 and 4) ) ASLBP No. 15-935-02-LA-BD01 FLORIDA POWER & LIGHT COMPANYS OBJECTION TO THE ADMISSION OF CERTAIN CASE EXHIBITS In accordance with the Atomic Safety and Licensing Boards Order dated January 4, 2016, Florida Power & Light Company (FPL) hereby objects to the admission of Exhibits INT-000, INT-001, INT-017, INT-028, and INT-076. FPLs objection to the admission of Exhibits INT-000, INT-001, and INT-076 is based on the arguments set forth in its Motion to Strike Portions of CASEs Initial Statement of Position, Testimony, Affidavits and Exhibits or, in the Alternative, Motion In Limine to Exclude it and its Cited Documents from Evidence dated October 19, 2015 and on the NRC Staffs Motion in Limine to Exclude Portions of the Prefiled Rebuttal Testimony or in the Alternative Strike Portions of the Prefiled Rebuttal Testimony and Rebuttal Statement of Position, dated December 14, 2015. FPL understands that the Board has ruled on these motions, yet preserves its position regarding the admissibility of those documents as well as the documents referenced or excerpted therein. Moreover, FPL objects to treating a position statement drafted by a non-expert as evidence. FPL maintains that CASEs original position statement (INT-000) and its rebuttal position statement (INT-076) should not be considered as evidence but rather as argument.1 1

See., e.g., Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station) Board Order (Addressing Joint Motion, Motion in Limine, Proposed Findings of Fact and

Further, Exhibits INT-017 and INT-028 were not properly served in accordance with the NRCs governing regulations and the Boards Initial Scheduling Order. And neither document is relevant to the limited scope of CASE Contention 1, regarding the impacts of the ultimate heat sink license amendment and related water withdrawals on saltwater intrusion. Because these documents are not relevant, were not served on the parties, and in the case of INT-017, was not even discussed in CASEs pleadings, they should not be admitted as evidence. 10 C.F.R.

§ 2.337(a).

Exhibit INT-017 is a copy of the original NRC Operating License for Turkey Point Unit 4, issued on April 10, 1973. It is not material to this proceeding because it does not reflect the current status of the Turkey Point facility. In fact, the document is from a time period when the cooling canal system was contemplated or under construction, but the Turkey Point facilities still discharged cooling water to Biscayne Bay. See INT-017 at Appendix B, page 3 (discussing the temperature of water discharged to Biscayne Bay or Card Sound). CASE does not discuss this document in any of its filed statements and so has not shown that it or the environmental conditions contained therein are relevant to the Boards consideration of the contemporary environment at Turkey Point.

Exhibit INT-028 is a comment made by Miami-Dade County on the NRCs Draft Environmental Impact Statement for the Turkey Point Units 6&7 project. It is irrelevant for several reasons. First, CASE introduced this document in its Initial Statement of Position, by quoting a section discussing impacts to crocodiles, an issue that the Board did not admit as part of Contention 1. INT-000 at 48-50. Second, the document addresses potential impacts from two new nuclear units and modeling their impact on groundwater, a matter not relevant to this Conclusions of Law/Concluding Statements of Position, and Argument to be held March 9, 2011) (Feb. 22, 2011) at 1-2 (unpublished).

2

proceeding. Moreover, the portion excerpted by CASE does not address the NRCs ultimate heat sink license amendment at all.

As discussed above, FPL objects to the admission of Exhibits INT-000, INT-001, and INT-076 for the reasons outlined in its and the NRC Staffs motions to strike. FPL further objects to the admission of Exhibits INT-017 and INT-028 because they were not properly served on the parties and are irrelevant to this proceeding.

Respectfully Submitted, Signed (electronically) by Steven Hamrick Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Avenue, N.W. Suite 220 Washington, DC 20004 steven.hamrick@fpl.com 202-349-3496 January 6, 2015 COUNSEL FOR FLORIDA POWER & LIGHT COMPANY 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-250-LA Florida Power & Light Company ) 50-251-LA

)

(Turkey Point Units 3 and 4) ) ASLBP No. 15-935-02-LA-BD01 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Florida Power & Light Companys Objection to Admission of Certain CASE Exhibits were provided to the E-Filing system for service to those individuals on the service list in this proceeding.

Signed (electronically) by, Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Avenue, N.W. Suite 220 Washington, DC 20004 steven.hamrick@fpl.com 202-349-3496 Dated at Washington, DC this 6th day of January, 2015

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-250-LA Florida Power & Light Company ) 50-251-LA

)

(Turkey Point Units 3 and 4) ) ASLBP No. 15-935-02-LA-BD01 FLORIDA POWER & LIGHT COMPANYS OBJECTION TO THE ADMISSION OF CERTAIN CASE EXHIBITS In accordance with the Atomic Safety and Licensing Boards Order dated January 4, 2016, Florida Power & Light Company (FPL) hereby objects to the admission of Exhibits INT-000, INT-001, INT-017, INT-028, and INT-076. FPLs objection to the admission of Exhibits INT-000, INT-001, and INT-076 is based on the arguments set forth in its Motion to Strike Portions of CASEs Initial Statement of Position, Testimony, Affidavits and Exhibits or, in the Alternative, Motion In Limine to Exclude it and its Cited Documents from Evidence dated October 19, 2015 and on the NRC Staffs Motion in Limine to Exclude Portions of the Prefiled Rebuttal Testimony or in the Alternative Strike Portions of the Prefiled Rebuttal Testimony and Rebuttal Statement of Position, dated December 14, 2015. FPL understands that the Board has ruled on these motions, yet preserves its position regarding the admissibility of those documents as well as the documents referenced or excerpted therein. Moreover, FPL objects to treating a position statement drafted by a non-expert as evidence. FPL maintains that CASEs original position statement (INT-000) and its rebuttal position statement (INT-076) should not be considered as evidence but rather as argument.1 1

See., e.g., Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station) Board Order (Addressing Joint Motion, Motion in Limine, Proposed Findings of Fact and

Further, Exhibits INT-017 and INT-028 were not properly served in accordance with the NRCs governing regulations and the Boards Initial Scheduling Order. And neither document is relevant to the limited scope of CASE Contention 1, regarding the impacts of the ultimate heat sink license amendment and related water withdrawals on saltwater intrusion. Because these documents are not relevant, were not served on the parties, and in the case of INT-017, was not even discussed in CASEs pleadings, they should not be admitted as evidence. 10 C.F.R.

§ 2.337(a).

Exhibit INT-017 is a copy of the original NRC Operating License for Turkey Point Unit 4, issued on April 10, 1973. It is not material to this proceeding because it does not reflect the current status of the Turkey Point facility. In fact, the document is from a time period when the cooling canal system was contemplated or under construction, but the Turkey Point facilities still discharged cooling water to Biscayne Bay. See INT-017 at Appendix B, page 3 (discussing the temperature of water discharged to Biscayne Bay or Card Sound). CASE does not discuss this document in any of its filed statements and so has not shown that it or the environmental conditions contained therein are relevant to the Boards consideration of the contemporary environment at Turkey Point.

Exhibit INT-028 is a comment made by Miami-Dade County on the NRCs Draft Environmental Impact Statement for the Turkey Point Units 6&7 project. It is irrelevant for several reasons. First, CASE introduced this document in its Initial Statement of Position, by quoting a section discussing impacts to crocodiles, an issue that the Board did not admit as part of Contention 1. INT-000 at 48-50. Second, the document addresses potential impacts from two new nuclear units and modeling their impact on groundwater, a matter not relevant to this Conclusions of Law/Concluding Statements of Position, and Argument to be held March 9, 2011) (Feb. 22, 2011) at 1-2 (unpublished).

2

proceeding. Moreover, the portion excerpted by CASE does not address the NRCs ultimate heat sink license amendment at all.

As discussed above, FPL objects to the admission of Exhibits INT-000, INT-001, and INT-076 for the reasons outlined in its and the NRC Staffs motions to strike. FPL further objects to the admission of Exhibits INT-017 and INT-028 because they were not properly served on the parties and are irrelevant to this proceeding.

Respectfully Submitted, Signed (electronically) by Steven Hamrick Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Avenue, N.W. Suite 220 Washington, DC 20004 steven.hamrick@fpl.com 202-349-3496 January 6, 2015 COUNSEL FOR FLORIDA POWER & LIGHT COMPANY 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-250-LA Florida Power & Light Company ) 50-251-LA

)

(Turkey Point Units 3 and 4) ) ASLBP No. 15-935-02-LA-BD01 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Florida Power & Light Companys Objection to Admission of Certain CASE Exhibits were provided to the E-Filing system for service to those individuals on the service list in this proceeding.

Signed (electronically) by, Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Avenue, N.W. Suite 220 Washington, DC 20004 steven.hamrick@fpl.com 202-349-3496 Dated at Washington, DC this 6th day of January, 2015