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 ProceedingsNUCLEAR REGULATORY COMMISSIONTitle:In the Matter ofFlorida Power & Light CompanyDocket Number:50-250-LA50-251-LAASLBP Number:15-935-02-LA-BD01 Location:Teleconference Date:January 4, 2016Work Order No.:NRC-2119Pages 237-258NEAL R. GROSS AND CO., INC.Court Reporters and Transcribers1323 Rhode Island Avenue, N.W.Washington, D.C. 20005(202) 234-4433 237UNITED STATES OF AMERICA1NUCLEAR REGULATORY COMMISSION2+ + + + +3ATOMIC SAFETY AND LICENSING BOARD PANEL4+ + + + +5HEARING6----------------------x7In the Matter of:  : 8FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA9COMPANY  : 50-251-LA10  : ASLBP No. 15-935-02-LA-BD0111(Turkey Point Nuclear :12Generating, Units 3 :13and 4) :14----------------------x15Monday,16January 4, 20161718Teleconference1920BEFORE:21MICHAEL M. GIBSON, Chairman22DR. MICHAEL F. KENNEDY, Administrative23Judge24DR. WILLIAM W. SAGER, Administrative Judge25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 238APPEARANCES:12On Behalf of the Applicant:3STEVEN C. HAMRICK, ESQ. 4of:Florida Power and Light Company5801 Pennsylvania Avenue, N.W.6Suite 2207Washington, D.C. 200048202-349-34969steven.hamrick@fpl.com1011On Behalf of the Nuclear Regulatory Commission:12BRIAN HARRIS, ESQ. 13CATHERINE KANATAS, ESQ.14DAVID ROTH, ESQ. 15AUDREY KLETT, Project Manager, Turkey Point16of:U.S. Nuclear Regulatory Commission17Office of the General Counsel18Mail Stop O-15 D2119Washington, D.C. 20555-000120301-415-139221brian.harris@nrc.gov22catherine.kanatas@nrc.gov23david.roth@nrc.gov2425NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 239On Behalf of Citizens Allied for Safe Energy,1Inc. (CASE):2BARRY J. WHITE, President3ofCitizens Allied for Safe Energy, Inc. (CASE)410001 Southwest 123rd Terrace 5Miami, Florida 331766305-251-19607bwtamia@bellsouth.net8910ALSO PRESENT:11SARA CULLER, ASLB12NICOLE PEPPERL, Law Clerk, ASLB13JENNIFER SCRO, Law Clerk, ASLB14ANDREW WELKIE, ASLB1516 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 240TABLE OF CONTENTS12FPL3Exhibit No. Mrk'd Rec'd4FPL-001 through FPL-031 -- 8514A through F -- 8617A and 17B -- 8724A through G -- 88FPL-032R -- 890-FPL-033 through 0-FPL-036 -- 810FPL-37 -- 221112NRC13Exhibit No. Mrk'd Rec'd14NRC-001 through NRC-022 -- 915NRC-024 through NRC-049 -- 91617INT18Exhibit No. Mrk'd Rec'd19INT-000 10 1020INT-001 -- 1021INT-002 through INT-006 -- 1522INT-076 10 1023INT-012 -- 1224INT-013 -- 1225NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 241INT-029 -- 121INT-030 -- 122INT-042 -- 123INT-043 -- 1245 6

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910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 242P R O C E E D I N G S110:04 a.m.2CHAIRMAN GIBSON: Good morning, this is3Judge Gibson.4Is our Court Reporter on the line?5COURT REPORTER: Yes, I am.6CHAIRMAN GIBSON: Great.7We are here today on a Pre-Trial8Conference for the evidentiary hearing concerning9United States Regulatory Commission's issuance of10license amendments that increase the ultimate heat11sink water temperature limit for the cooling canal12system at the Turkey Point Nuclear Power Plant.13This evidentiary hearing will begin next14week in Homestead, Florida on Monday, January 11 and15Tuesday, January 12.16With me on the line are the other members17of the Board conducting this evidentiary hearing,18Judge Michael Kennedy and Judge William Sager.19Next, I would like to have announcements20of counsel, beginning first with FPL.21MR. HAMRICK: Yes, good morning.22This is Steven Hamrick, counsel for FPL.23CHAIRMAN GIBSON: Thank you.24Counsel for the Nuclear Regulatory25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 243Commission Staff?1MR. HARRIS: Yes, Your Honor.2This is Brian Harris for the Nuclear3Regulatory Commission Staff. And, with me in the room4is Cathy Kanatas and David Roth, also counsel for the5NRC and Audrey Klett who's the PM for Turkey Point.6CHAIRMAN GIBSON: Thank you.7Representative for CASE?8MR. WHITE: Good morning. Barry White,9Authorized Representative for CASE.10CHAIRMAN GIBSON: All right, did I miss11anyone?12Very well.13Also on the phone with us today are our14two law clerks, Nicole Pepperl and Jennifer Scro as15well as a member of the Board's IT staff, Andy Welkie16who will be attending the hearing and Ms. Sara Culler17as our administrative staff.18I need to tell you all that there, as19about the time this call started, fire engines started20collecting immediately below our office. I think21there's probably some sort of demonstration or test or22something, but hopefully, there's nothing serious. 23But, I just need to let you all know that. It's a24little weird.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 244But, anyway, I'd like to begin with the1admission of evidence.2Counsel for FPL, we have your exhibit list3which indicates that you are offering FPL-001 to FPL-4036 and that you have also filed a revised Exhibit5FPL-032R. Is that correct?6MR. HAMRICK: That is correct, Your Honor.7CHAIRMAN GIBSON: Is there any objection8to the admission of these exhibits?9Very well, hearing none, Applicant's10Exhibits FPL-001-FPL-031 including all subparts which11would be Exhibit 14A through F, 17A and B and 24A12through G as well as FPL-032R and 0-FPL-033 to 0-FLP-13036 are admitted.14(Whereupon, the above-referred to15documents were received into evidence as Applicant's16Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A17and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-18036.)19CHAIRMAN GIBSON: Counsel, for the NRC20Staff, your exhibit list indicates that you are21offering NRC-001 to NRC-022 and NRC-024 to NRC-049. 22Is that correct?23MR. HARRIS: Yes, Your Honor.24CHAIRMAN GIBSON: Is there any objection25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 245to the admission of these exhibits?1Very well, hearing none, NRC Staff2Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are3admitted.4(Whereupon, the above-referred to5documents were received into evidence as NRC Staff6Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)7CHAIRMAN GIBSON: Finally, we consider8Intervenor's exhibits.9Mr. White, according to your exhibit list,10you have offered INT-001 to INT-075. Is that correct?11MR. WHITE: Yes, sir.12CHAIRMAN GIBSON: Several objections have13already been lodged to the exhibits in some Motions14that have been filed and we will make note of those as15we go.16However, I need to note initially that the17Board has a number of issues with several of these18exhibits.19First of all, Mr. White, as you're aware,20some of CASE's submissions were stricken from the21record in the Board's December 22 Order.22In the wake of that Order and for the sake23of clarity, the Board will admit CASE's Statement of24Position which will be marked as INT-000. And, it25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 246will be done so with appropriate redlining to reflect1the Board's December 22 decision.2(Whereupon, the above-referred to document3was marked and received into evidence as Intervenor's4Exhibit INT-000.)5CHAIRMAN GIBSON: CASE also filed two6versions of INT-001, one on October 9, 2015 and the7second on October 26, 2015 following the Board's Order8to renumber CASE's exhibits.9The Board admits CASE's October 26 version10of INT-001, also with appropriate redlining.11And, the Board also admits CASE's Rebuttal12Statement as INT-076 with redlining.13(Whereupon, the above-referred to document14was received into evidence as Intervenor's Exhibit15INT-001 and Intervenor's Exhibit INT-076.)16CHAIRMAN GIBSON: Now, the redlined17versions of CASE's Statement of Position which is now18INT-000 as well as INT-001 and CASE's Rebuttal19Statement which is now INT-076, the redlined versions20of those will be sent to the parties after this Pre-21Trial Conference and made available on ADAMS.22If FPL or the NRC Staff wishes to lodge23any addition objections to any of these three24exhibits, please do so in writing within two business25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 247days of your receipt of the copies that the clerks1will be emailing you shortly.2Now, the second item, Mr. White, is that3a number of the items to which you've assigned exhibit4numbers are contained within CASE's Statement of5Position which, as I indicated, we have just marked as6INT-000 or within INT-001 or within INT-002.7The Board sees no reason to confuse the8proceedings further by using separate exhibit numbers9for these references.10Therefore, all documents that are11contained within INT-000, INT-001 or INT-002, and I12should add and that were not filed as separate13documents, will be identified by the page number of14one of those exhibits.15Let me give an example. CASE quotes from16an email dated March 1, 2015 in its initial Statement17of Position at page 47. It also assigned a separate18exhibit number to that email, INT-027.19During our hearing next week, instead of20referring to this email as INT-027, we will refer to21it as INT-000 at page 47.22Now to be sure, there are some documents23that were filed as exhibits but that were not24contained within INT-000, 001 or 002.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 248Specifically, these exhibits are INT-012,1INT-013, INT-029, INT-030, INT-042 and INT-043.2Therefore, these exhibits will retain3their given exhibit number by case.4Does anyone have any questions about this5change or fix, I should say?6Hearing none, is there any objection to7admitting INT-012, 013, 029, 030, 042 and 043?8Hearing none, those exhibits are admitted.9(Whereupon, the above-referred to10documents were received into evidence as Intervenor's11Exhibits INT-012, INT-013, INT-029, INT-030, INT-04212and INT-043.)13CHAIRMAN GIBSON: Third, now, Mr. White,14there is an issue with some of CASE's exhibits in that15CASE references documents that are in ADAMS. But,16instead of providing the document itself, CASE only17provides the ADAMS accession number.18A few of these exhibits have already been19admitted as NRC or FPL exhibits. I'm going to go20through those to make it clear for the record.21INT-009 was also listed as NRC-009.22INT-014 was also listed as FPL-008.23INT-015 was also listed as NRC-022.24INT-033 was also exhibit listed as NRC-25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 249020.1INT-034 is a little more complicated. 2This ML number actually pulls up a package of two3documents. One is the same document as INT-033 which4is NRC-020 and the other is the biological assessment5which is INT-048 which is also listed as NRC-010. So,6those are basically covered by other exhibits.7INT-035 is also NRC-018.8INT-045 is also NRC-036.9INT-048 is also NRC-010.10Now, the Board sees no reason to admit11duplicate exhibits and so we will disregard INT-009,12014, 015, 033, 034, 035, 045 and 048.13If CASE wishes to lodge an objection to14these exhibits not being admitted, please do so in15writing within two business days of this call.16However, there are three ADAMS documents,17INT-017, INT-028 and INT-039 where CASE did not18provide the actual document and there are not19duplicative of either an FPL exhibit or an NRC Staff20exhibit.21The first is, let's take INT-039 first. 22This is an Environmental Review guidance document for23licensing actions associated with the Office of24Nuclear Material Safety and Safeguards, or NMSS.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 250Since this license amendment is not1associated with or regulated by NMSS, but rather is2regulated by the Office of Nuclear Reactor Regulation,3or NRR, the Board fails to see any possible relevance4of this document to this proceeding.5Therefore, the Board will not admit 039.6We do note, however, Mr. White, that the7staff has provided the Environmental Review Guidance8for NRR in NRC-027 and NRC-028.9Nevertheless, if CASE wishes to lodge an10objection to INT-039 not being admitted, please do so11in writing within two business days of this hearing,12of this Pre-Trial call.13The other two documents are INT-017 and14INT-028. These appear to be relevant documents and15the Board's law clerks will provide the parties with16copies of documents at the end of this Pre-Trial17Conference.18We will make a decision on whether to19admit INT-017 and INT-028 no later than the start of20our hearing on Monday next week.21But, in the interim, the parties should22ensure that their witnesses will be prepared to23testify as to any issues addressed in these documents24relevant to this proceeding in the event they are25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 251admitted.1If FPL or the NRC staff wishes to lodge an2objection to either -- to the admission of either of3these two exhibits, please do so in writing within two4business days of your receipt of the copies that the5clerks will be sending you by email shortly.6Now, in addition to these INT exhibits,7INT-008, INT-010 and INT-011 are previous Board Orders8and filings from this proceeding.9The Board sees no reason to admit10pleadings as separate hearing exhibits or Orders as11hearing exhibits. Nevertheless, if CASE wishes to12lodge an objection to INT-008, 010 or 011 not being13admitted, please do so in writing within two business14days of this hearing.15So, in summary, INT-000 to INT-006, INT-16012, INT-013, INT-029, INT-030, INT-042, INT-043 and17INT-076 are admitted.18(Whereupon, the above-referred to19documents were received into evidence as Intervenor's20Exhibits INT-002 through INT-006.)21As for INT-017 and INT-028, the Board will22rule on whether to admit either or both no later than23the start of our hearing on Monday.24Now, did I miss any exhibits?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 252Okay, apparently not, so we will proceed1with the rest of the issues for Pre-Trial.2Consistent with our December 22 decision,3we previously ordered -- I want to make sure that you4all recognize when you do prepare any objections that5the reliability or hearsay nature of any evidence will6go not to its admissibility per se but to its7probative value. So, please consider that if you're8preparing any objections.9We anticipate also issuing an Order that10will memorialize the admission of all these exhibits11shortly and it'll probably be the second thing you get12after you get the other emails from the clerks about13the redline copies of the exhibits and the copies of14those three exhibits -- two exhibits that were15admitted or that you all should consider, INT-017 and16028.17Okay, moving on to other Pre-Trial18matters, I want to explain our planned schedule for19the witnesses next week.20The Board will begin its questions with21Dr. Stoddard. We will ask the questions of him that22we deem important.23But once we have concluded our initial24examination of Dr. Stoddard, we will recess and we'll25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 253afford the parties an opportunity to submit suggested1additional questions.2The Board will consider which, if any, of3these questions to ask and then Dr. Stoddard will be4excused for the remainder of the proceeding.5We expect to finish all questions we have6for him by 11:00 a.m. on Monday.7Thereafter, the Board will then empanel8FPL's three witnesses and the NRC staff's four9witnesses.10We would like all of these witnesses to be11available for the entirety of the proceeding unless12FPL or the NRC staff inform me otherwise, I will13assume that all seven of these witnesses will be able14to attend the hearing all day on Monday, January 1115and on Tuesday, January 12.16Finally, and this probably goes more for17Mr. White than for the other two since he's not a18lawyer, I want to clarify that this evidentiary19hearing will be conducted very differently from the20oral argument that the Board held last January.21The purpose of this hearing is for the22Board to ask questions of the witnesses so that we can23have a clear record for our decision.24This is not the time for legal or policy25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 254arguments. Rather, this is the time for the Board to1determine the merits of the admitted contention.2Accordingly, the Board will spend most of3its time directing its questions to the witnesses and4very little time talking to counsel or to, in this5case, CASE's representative, Mr. White.6But, before we end the hearing, we will7give the parties another chance to submit additional8suggested questions for the witnesses. And, other9than, of course, Dr. Stoddard, and then we'll have to10have questions for as soon as he finishes talking.11And so, I would suggest that, as the Board12is interrogating these witnesses on Monday and13Tuesday, it would be a good idea for you to be jotting14down any possible questions as we go through the15hearing rather than trying to come up with them at the16end because we will not be affording you a whole lot17of time to put those together.18You need to basically have them ready by19the time we finish interrogating the witnesses.20MR. HARRIS: Your Honor, this is Brian21Harris for the staff.22CHAIRMAN GIBSON: Yes, Mr. Harris?23MR. HARRIS: Just as a point of24clarification, how do you expect the parties to be25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 255submitting these proposed questions or, you know,1paper or through the EIE system or is there some other2method you're contemplating for the submission of3these proposed questions at the hearing?4CHAIRMAN GIBSON: Well, if you have a5laptop with Internet access, my suggestion would be6that you emailed them to the two law clerks. And, you7will have their email addresses shortly when they send8you this stuff out.9However, if it is not possible for you to10submit them by email, then you will just have them11written down on a piece of paper and we will accept12them that way.13Fair enough?14MR. HARRIS: Thank you, Your Honor.15CHAIRMAN GIBSON: Yes.16Mr. White, if you have any questions about17your role in this hearing, now would be a good time to18ask them. Do you understand what I just told you?19MR. WHITE: Yes, sir, and it was quite20clear. Thank you.21CHAIRMAN GIBSON: Good.22Are there any further administrative23matters that we need to discuss?24Counsel for FPL?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 256MR. HAMRICK: Yes, I have a couple of1questions.2The initial scheduling order mentioned3that the close of discovery would correspond with the4close of the hearing. And, I just wanted to get some5clarification on whether that would be Tuesday the612th at the close of the hearing or whether the7discovery would continue until, you know, the formal8conclusion of the hearing following, you know,9transcript corrections and that kind of thing?10Or, what your expectation is for the end11of mandatory disclosures?12CHAIRMAN GIBSON: Limited appearance13statements could come in until the 15th. So, why14don't we have our disclosures go through that date? 15Fair enough?16MR. HAMRICK: Okay, thank you.17CHAIRMAN GIBSON: Yes. Is there anything18else?19MR. HAMRICK: It sounded like you were not20anticipating or requesting any opening or closing21statements of counsel or representatives as well.22CHAIRMAN GIBSON: You know, we're23definitely -- don't -- won't need any opening. I will24say this, it is possible we may want to have a25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 257closing. If we do, it will be very short and it will1be focused on perhaps a legal issue or an2environmental policy question that we may have3involving the EA. I doubt it will have anything in4terms of the merits of the contention per se, the5factual merits of the contention per se.6But, it's possible, but I wouldn't spend7a lot of time preparing a lengthy opening or closing8because I'm sure it would be scintillating but there's9really not a whole lot to add to what the witnesses10are going to be saying at this point. I think we11understand the issues.12MR. HAMRICK: Thank you.13CHAIRMAN GIBSON: Very well.14Is there anything else?15FPL?16MR. HAMRICK: Well, I don't know if this17is the right time or not, but I wanted to bring this18up to your attention that on the December 31st, the19Administrative Law Judge in the L31 Hearing in Florida20issued an Order following the hearing on that matter.21And, I plan to submit that to the Board22today, but I just wanted to alert you to that23occurrence.24CHAIRMAN GIBSON: Very well, thank you.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 258Hold on just one second.1Okay, recognizing we don't have it in2front of us, what I would like you to do is to submit3that, if you could, as FPL-37 and, unless there's some4objection, that Administrative Order will be admitted5as FPL-37.6(Whereupon, the above-referred to document7was received into evidence as FPL-37.)8MR. HAMRICK: Okay, thank you.9CHAIRMAN GIBSON: Yes, and thank you for10bringing that to our attention, counsel, appreciate11that. Is there anything else from FPL?12MR. HAMRICK: Not at this time.13CHAIRMAN GIBSON: NRC staff, is there14anything you need to raise with us?15MR. HARRIS: Not at this time, Your Honor.16CHAIRMAN GIBSON: Mr. White, is there17anything you need to raise with us?18MR. WHITE: No, sir.19CHAIRMAN GIBSON: Okay, very well. Well,20we thank you so much for your time and we will see you21all next week in Florida. Have a good week. Thank22you so much.23(Whereupon, the above-entitled matter went24off the record at 10:31 a.m.)25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 Official Transcript of ProceedingsNUCLEAR REGULATORY COMMISSIONTitle:In the Matter ofFlorida Power & Light CompanyDocket Number:50-250-LA50-251-LAASLBP Number:15-935-02-LA-BD01 Location:Teleconference Date:January 4, 2016Work Order No.:NRC-2119Pages 237-258NEAL R. GROSS AND CO., INC.Court Reporters and Transcribers1323 Rhode Island Avenue, N.W.Washington, D.C. 20005(202) 234-4433 237UNITED STATES OF AMERICA1NUCLEAR REGULATORY COMMISSION2+ + + + +3ATOMIC SAFETY AND LICENSING BOARD PANEL4+ + + + +5HEARING6----------------------x7In the Matter of:  : 8FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA9COMPANY  : 50-251-LA10  : ASLBP No. 15-935-02-LA-BD0111(Turkey Point Nuclear :12Generating, Units 3 :13and 4) :14----------------------x15Monday,16January 4, 20161718Teleconference1920BEFORE:21MICHAEL M. GIBSON, Chairman22DR. MICHAEL F. KENNEDY, Administrative23Judge24DR. WILLIAM W. SAGER, Administrative Judge25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 238APPEARANCES:12On Behalf of the Applicant:3STEVEN C. HAMRICK, ESQ. 4of:Florida Power and Light Company5801 Pennsylvania Avenue, N.W.6Suite 2207Washington, D.C. 200048202-349-34969steven.hamrick@fpl.com1011On Behalf of the Nuclear Regulatory Commission:12BRIAN HARRIS, ESQ. 13CATHERINE KANATAS, ESQ.14DAVID ROTH, ESQ. 15AUDREY KLETT, Project Manager, Turkey Point16of:U.S. Nuclear Regulatory Commission17Office of the General Counsel18Mail Stop O-15 D2119Washington, D.C. 20555-000120301-415-139221brian.harris@nrc.gov22catherine.kanatas@nrc.gov23david.roth@nrc.gov2425NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 239On Behalf of Citizens Allied for Safe Energy,1Inc. (CASE):2BARRY J. WHITE, President3ofCitizens Allied for Safe Energy, Inc. (CASE)410001 Southwest 123rd Terrace 5Miami, Florida 331766305-251-19607bwtamia@bellsouth.net8910ALSO PRESENT:11SARA CULLER, ASLB12NICOLE PEPPERL, Law Clerk, ASLB13JENNIFER SCRO, Law Clerk, ASLB14ANDREW WELKIE, ASLB1516 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 240TABLE OF CONTENTS12FPL3Exhibit No. Mrk'd Rec'd4FPL-001 through FPL-031 -- 8514A through F -- 8617A and 17B -- 8724A through G -- 88FPL-032R -- 890-FPL-033 through 0-FPL-036 -- 810FPL-37 -- 221112NRC13Exhibit No. Mrk'd Rec'd14NRC-001 through NRC-022 -- 915NRC-024 through NRC-049 -- 91617INT18Exhibit No. Mrk'd Rec'd19INT-000 10 1020INT-001 -- 1021INT-002 through INT-006 -- 1522INT-076 10 1023INT-012 -- 1224INT-013 -- 1225NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 241INT-029 -- 121INT-030 -- 122INT-042 -- 123INT-043 -- 1245 6

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910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 242P R O C E E D I N G S110:04 a.m.2CHAIRMAN GIBSON: Good morning, this is3Judge Gibson.4Is our Court Reporter on the line?5COURT REPORTER: Yes, I am.6CHAIRMAN GIBSON: Great.7We are here today on a Pre-Trial8Conference for the evidentiary hearing concerning9United States Regulatory Commission's issuance of10license amendments that increase the ultimate heat11sink water temperature limit for the cooling canal12system at the Turkey Point Nuclear Power Plant.13This evidentiary hearing will begin next14week in Homestead, Florida on Monday, January 11 and15Tuesday, January 12.16With me on the line are the other members17of the Board conducting this evidentiary hearing,18Judge Michael Kennedy and Judge William Sager.19Next, I would like to have announcements20of counsel, beginning first with FPL.21MR. HAMRICK: Yes, good morning.22This is Steven Hamrick, counsel for FPL.23CHAIRMAN GIBSON: Thank you.24Counsel for the Nuclear Regulatory25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 243Commission Staff?1MR. HARRIS: Yes, Your Honor.2This is Brian Harris for the Nuclear3Regulatory Commission Staff. And, with me in the room4is Cathy Kanatas and David Roth, also counsel for the5NRC and Audrey Klett who's the PM for Turkey Point.6CHAIRMAN GIBSON: Thank you.7Representative for CASE?8MR. WHITE: Good morning. Barry White,9Authorized Representative for CASE.10CHAIRMAN GIBSON: All right, did I miss11anyone?12Very well.13Also on the phone with us today are our14two law clerks, Nicole Pepperl and Jennifer Scro as15well as a member of the Board's IT staff, Andy Welkie16who will be attending the hearing and Ms. Sara Culler17as our administrative staff.18I need to tell you all that there, as19about the time this call started, fire engines started20collecting immediately below our office. I think21there's probably some sort of demonstration or test or22something, but hopefully, there's nothing serious. 23But, I just need to let you all know that. It's a24little weird.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 244But, anyway, I'd like to begin with the1admission of evidence.2Counsel for FPL, we have your exhibit list3which indicates that you are offering FPL-001 to FPL-4036 and that you have also filed a revised Exhibit5FPL-032R. Is that correct?6MR. HAMRICK: That is correct, Your Honor.7CHAIRMAN GIBSON: Is there any objection8to the admission of these exhibits?9Very well, hearing none, Applicant's10Exhibits FPL-001-FPL-031 including all subparts which11would be Exhibit 14A through F, 17A and B and 24A12through G as well as FPL-032R and 0-FPL-033 to 0-FLP-13036 are admitted.14(Whereupon, the above-referred to15documents were received into evidence as Applicant's16Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A17and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-18036.)19CHAIRMAN GIBSON: Counsel, for the NRC20Staff, your exhibit list indicates that you are21offering NRC-001 to NRC-022 and NRC-024 to NRC-049. 22Is that correct?23MR. HARRIS: Yes, Your Honor.24CHAIRMAN GIBSON: Is there any objection25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 245to the admission of these exhibits?1Very well, hearing none, NRC Staff2Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are3admitted.4(Whereupon, the above-referred to5documents were received into evidence as NRC Staff6Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)7CHAIRMAN GIBSON: Finally, we consider8Intervenor's exhibits.9Mr. White, according to your exhibit list,10you have offered INT-001 to INT-075. Is that correct?11MR. WHITE: Yes, sir.12CHAIRMAN GIBSON: Several objections have13already been lodged to the exhibits in some Motions14that have been filed and we will make note of those as15we go.16However, I need to note initially that the17Board has a number of issues with several of these18exhibits.19First of all, Mr. White, as you're aware,20some of CASE's submissions were stricken from the21record in the Board's December 22 Order.22In the wake of that Order and for the sake23of clarity, the Board will admit CASE's Statement of24Position which will be marked as INT-000. And, it25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 246will be done so with appropriate redlining to reflect1the Board's December 22 decision.2(Whereupon, the above-referred to document3was marked and received into evidence as Intervenor's4Exhibit INT-000.)5CHAIRMAN GIBSON: CASE also filed two6versions of INT-001, one on October 9, 2015 and the7second on October 26, 2015 following the Board's Order8to renumber CASE's exhibits.9The Board admits CASE's October 26 version10of INT-001, also with appropriate redlining.11And, the Board also admits CASE's Rebuttal12Statement as INT-076 with redlining.13(Whereupon, the above-referred to document14was received into evidence as Intervenor's Exhibit15INT-001 and Intervenor's Exhibit INT-076.)16CHAIRMAN GIBSON: Now, the redlined17versions of CASE's Statement of Position which is now18INT-000 as well as INT-001 and CASE's Rebuttal19Statement which is now INT-076, the redlined versions20of those will be sent to the parties after this Pre-21Trial Conference and made available on ADAMS.22If FPL or the NRC Staff wishes to lodge23any addition objections to any of these three24exhibits, please do so in writing within two business25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 247days of your receipt of the copies that the clerks1will be emailing you shortly.2Now, the second item, Mr. White, is that3a number of the items to which you've assigned exhibit4numbers are contained within CASE's Statement of5Position which, as I indicated, we have just marked as6INT-000 or within INT-001 or within INT-002.7The Board sees no reason to confuse the8proceedings further by using separate exhibit numbers9for these references.10Therefore, all documents that are11contained within INT-000, INT-001 or INT-002, and I12should add and that were not filed as separate13documents, will be identified by the page number of14one of those exhibits.15Let me give an example. CASE quotes from16an email dated March 1, 2015 in its initial Statement17of Position at page 47. It also assigned a separate18exhibit number to that email, INT-027.19During our hearing next week, instead of20referring to this email as INT-027, we will refer to21it as INT-000 at page 47.22Now to be sure, there are some documents23that were filed as exhibits but that were not24contained within INT-000, 001 or 002.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 248Specifically, these exhibits are INT-012,1INT-013, INT-029, INT-030, INT-042 and INT-043.2Therefore, these exhibits will retain3their given exhibit number by case.4Does anyone have any questions about this5change or fix, I should say?6Hearing none, is there any objection to7admitting INT-012, 013, 029, 030, 042 and 043?8Hearing none, those exhibits are admitted.9(Whereupon, the above-referred to10documents were received into evidence as Intervenor's11Exhibits INT-012, INT-013, INT-029, INT-030, INT-04212and INT-043.)13CHAIRMAN GIBSON: Third, now, Mr. White,14there is an issue with some of CASE's exhibits in that15CASE references documents that are in ADAMS. But,16instead of providing the document itself, CASE only17provides the ADAMS accession number.18A few of these exhibits have already been19admitted as NRC or FPL exhibits. I'm going to go20through those to make it clear for the record.21INT-009 was also listed as NRC-009.22INT-014 was also listed as FPL-008.23INT-015 was also listed as NRC-022.24INT-033 was also exhibit listed as NRC-25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 249020.1INT-034 is a little more complicated. 2This ML number actually pulls up a package of two3documents. One is the same document as INT-033 which4is NRC-020 and the other is the biological assessment5which is INT-048 which is also listed as NRC-010. So,6those are basically covered by other exhibits.7INT-035 is also NRC-018.8INT-045 is also NRC-036.9INT-048 is also NRC-010.10Now, the Board sees no reason to admit11duplicate exhibits and so we will disregard INT-009,12014, 015, 033, 034, 035, 045 and 048.13If CASE wishes to lodge an objection to14these exhibits not being admitted, please do so in15writing within two business days of this call.16However, there are three ADAMS documents,17INT-017, INT-028 and INT-039 where CASE did not18provide the actual document and there are not19duplicative of either an FPL exhibit or an NRC Staff20exhibit.21The first is, let's take INT-039 first. 22This is an Environmental Review guidance document for23licensing actions associated with the Office of24Nuclear Material Safety and Safeguards, or NMSS.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 250Since this license amendment is not1associated with or regulated by NMSS, but rather is2regulated by the Office of Nuclear Reactor Regulation,3or NRR, the Board fails to see any possible relevance4of this document to this proceeding.5Therefore, the Board will not admit 039.6We do note, however, Mr. White, that the7staff has provided the Environmental Review Guidance8for NRR in NRC-027 and NRC-028.9Nevertheless, if CASE wishes to lodge an10objection to INT-039 not being admitted, please do so11in writing within two business days of this hearing,12of this Pre-Trial call.13The other two documents are INT-017 and14INT-028. These appear to be relevant documents and15the Board's law clerks will provide the parties with16copies of documents at the end of this Pre-Trial17Conference.18We will make a decision on whether to19admit INT-017 and INT-028 no later than the start of20our hearing on Monday next week.21But, in the interim, the parties should22ensure that their witnesses will be prepared to23testify as to any issues addressed in these documents24relevant to this proceeding in the event they are25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 251admitted.1If FPL or the NRC staff wishes to lodge an2objection to either -- to the admission of either of3these two exhibits, please do so in writing within two4business days of your receipt of the copies that the5clerks will be sending you by email shortly.6Now, in addition to these INT exhibits,7INT-008, INT-010 and INT-011 are previous Board Orders8and filings from this proceeding.9The Board sees no reason to admit10pleadings as separate hearing exhibits or Orders as11hearing exhibits. Nevertheless, if CASE wishes to12lodge an objection to INT-008, 010 or 011 not being13admitted, please do so in writing within two business14days of this hearing.15So, in summary, INT-000 to INT-006, INT-16012, INT-013, INT-029, INT-030, INT-042, INT-043 and17INT-076 are admitted.18(Whereupon, the above-referred to19documents were received into evidence as Intervenor's20Exhibits INT-002 through INT-006.)21As for INT-017 and INT-028, the Board will22rule on whether to admit either or both no later than23the start of our hearing on Monday.24Now, did I miss any exhibits?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 252Okay, apparently not, so we will proceed1with the rest of the issues for Pre-Trial.2Consistent with our December 22 decision,3we previously ordered -- I want to make sure that you4all recognize when you do prepare any objections that5the reliability or hearsay nature of any evidence will6go not to its admissibility per se but to its7probative value. So, please consider that if you're8preparing any objections.9We anticipate also issuing an Order that10will memorialize the admission of all these exhibits11shortly and it'll probably be the second thing you get12after you get the other emails from the clerks about13the redline copies of the exhibits and the copies of14those three exhibits -- two exhibits that were15admitted or that you all should consider, INT-017 and16028.17Okay, moving on to other Pre-Trial18matters, I want to explain our planned schedule for19the witnesses next week.20The Board will begin its questions with21Dr. Stoddard. We will ask the questions of him that22we deem important.23But once we have concluded our initial24examination of Dr. Stoddard, we will recess and we'll25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 253afford the parties an opportunity to submit suggested1additional questions.2The Board will consider which, if any, of3these questions to ask and then Dr. Stoddard will be4excused for the remainder of the proceeding.5We expect to finish all questions we have6for him by 11:00 a.m. on Monday.7Thereafter, the Board will then empanel8FPL's three witnesses and the NRC staff's four9witnesses.10We would like all of these witnesses to be11available for the entirety of the proceeding unless12FPL or the NRC staff inform me otherwise, I will13assume that all seven of these witnesses will be able14to attend the hearing all day on Monday, January 1115and on Tuesday, January 12.16Finally, and this probably goes more for17Mr. White than for the other two since he's not a18lawyer, I want to clarify that this evidentiary19hearing will be conducted very differently from the20oral argument that the Board held last January.21The purpose of this hearing is for the22Board to ask questions of the witnesses so that we can23have a clear record for our decision.24This is not the time for legal or policy25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 254arguments. Rather, this is the time for the Board to1determine the merits of the admitted contention.2Accordingly, the Board will spend most of3its time directing its questions to the witnesses and4very little time talking to counsel or to, in this5case, CASE's representative, Mr. White.6But, before we end the hearing, we will7give the parties another chance to submit additional8suggested questions for the witnesses. And, other9than, of course, Dr. Stoddard, and then we'll have to10have questions for as soon as he finishes talking.11And so, I would suggest that, as the Board12is interrogating these witnesses on Monday and13Tuesday, it would be a good idea for you to be jotting14down any possible questions as we go through the15hearing rather than trying to come up with them at the16end because we will not be affording you a whole lot17of time to put those together.18You need to basically have them ready by19the time we finish interrogating the witnesses.20MR. HARRIS: Your Honor, this is Brian21Harris for the staff.22CHAIRMAN GIBSON: Yes, Mr. Harris?23MR. HARRIS: Just as a point of24clarification, how do you expect the parties to be25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 255submitting these proposed questions or, you know,1paper or through the EIE system or is there some other2method you're contemplating for the submission of3these proposed questions at the hearing?4CHAIRMAN GIBSON: Well, if you have a5laptop with Internet access, my suggestion would be6that you emailed them to the two law clerks. And, you7will have their email addresses shortly when they send8you this stuff out.9However, if it is not possible for you to10submit them by email, then you will just have them11written down on a piece of paper and we will accept12them that way.13Fair enough?14MR. HARRIS: Thank you, Your Honor.15CHAIRMAN GIBSON: Yes.16Mr. White, if you have any questions about17your role in this hearing, now would be a good time to18ask them. Do you understand what I just told you?19MR. WHITE: Yes, sir, and it was quite20clear. Thank you.21CHAIRMAN GIBSON: Good.22Are there any further administrative23matters that we need to discuss?24Counsel for FPL?25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 256MR. HAMRICK: Yes, I have a couple of1questions.2The initial scheduling order mentioned3that the close of discovery would correspond with the4close of the hearing. And, I just wanted to get some5clarification on whether that would be Tuesday the612th at the close of the hearing or whether the7discovery would continue until, you know, the formal8conclusion of the hearing following, you know,9transcript corrections and that kind of thing?10Or, what your expectation is for the end11of mandatory disclosures?12CHAIRMAN GIBSON: Limited appearance13statements could come in until the 15th. So, why14don't we have our disclosures go through that date? 15Fair enough?16MR. HAMRICK: Okay, thank you.17CHAIRMAN GIBSON: Yes. Is there anything18else?19MR. HAMRICK: It sounded like you were not20anticipating or requesting any opening or closing21statements of counsel or representatives as well.22CHAIRMAN GIBSON: You know, we're23definitely -- don't -- won't need any opening. I will24say this, it is possible we may want to have a25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 257closing. If we do, it will be very short and it will1be focused on perhaps a legal issue or an2environmental policy question that we may have3involving the EA. I doubt it will have anything in4terms of the merits of the contention per se, the5factual merits of the contention per se.6But, it's possible, but I wouldn't spend7a lot of time preparing a lengthy opening or closing8because I'm sure it would be scintillating but there's9really not a whole lot to add to what the witnesses10are going to be saying at this point. I think we11understand the issues.12MR. HAMRICK: Thank you.13CHAIRMAN GIBSON: Very well.14Is there anything else?15FPL?16MR. HAMRICK: Well, I don't know if this17is the right time or not, but I wanted to bring this18up to your attention that on the December 31st, the19Administrative Law Judge in the L31 Hearing in Florida20issued an Order following the hearing on that matter.21And, I plan to submit that to the Board22today, but I just wanted to alert you to that23occurrence.24CHAIRMAN GIBSON: Very well, thank you.25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 258Hold on just one second.1Okay, recognizing we don't have it in2front of us, what I would like you to do is to submit3that, if you could, as FPL-37 and, unless there's some4objection, that Administrative Order will be admitted5as FPL-37.6(Whereupon, the above-referred to document7was received into evidence as FPL-37.)8MR. HAMRICK: Okay, thank you.9CHAIRMAN GIBSON: Yes, and thank you for10bringing that to our attention, counsel, appreciate11that. Is there anything else from FPL?12MR. HAMRICK: Not at this time.13CHAIRMAN GIBSON: NRC staff, is there14anything you need to raise with us?15MR. HARRIS: Not at this time, Your Honor.16CHAIRMAN GIBSON: Mr. White, is there17anything you need to raise with us?18MR. WHITE: No, sir.19CHAIRMAN GIBSON: Okay, very well. Well,20we thank you so much for your time and we will see you21all next week in Florida. Have a good week. Thank22you so much.23(Whereupon, the above-entitled matter went24off the record at 10:31 a.m.)25NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433