ML15125A508

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FPL Letter to Board Regarding Scheduling
ML15125A508
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 05/05/2015
From: Hamrick S
Florida Power & Light Co
To: Michael Gibson, Kennedy M, William Sager
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 27702
Download: ML15125A508 (3)


Text

May 5, 2015 Michael M. Gibson, Esq. Dr. Michael F. Kennedy Chair Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Dr. William W. Sager Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 In the Matter of Florida Power & Light Company (Turkey Point Units 3 and 4)

Docket Nos. 50-250-LA and 50-251-LA

Dear Administrative Judges:

At the prehearing teleconference held in this matter on April 29, 2015, FPL committed to provide additional information regarding the scheduling of the ongoing administrative proceedings in Florida. The following represents FPLs current understanding of the schedules for those proceedings and best estimates of the timeframe for expected decisions.

On September 5, 2014, FPL requested the Florida Department of Environmental Protection (FDEP) modify the Conditions of Certification for Turkey Point Units 3-5 to authorize construction and operation of wells in the Upper Floridan Aquifer to obtain water for use in the cooling canal system. On January 7, 2015, FDEP published a public notice of its intent to approve FPLs requested modification. Three parties filed written objections to portions of this modification, Tropical Audobon Society Inc., Miami-Dade County, and Atlantic Civil, Inc.

(Florida Division of Administrative Hearings, Case No: 15-1559EPP). On April 27, 2015, the Administrative Law Judge (ALJ) approved a hearing date of July 13-17, 2015, with an expected Recommended Order issued by September 12. The ALJs Recommend Order must be approved by the Power Plant Siting Board (Governor and Cabinet), in a Final Order, prior to

Administrative Judges Gibson, Kennedy and Sager May 5, 2015 Page 2 of 2 final agency action. For the purpose of scheduling the NRC hearing, the ALJs Recommended Order should be sufficient to delineate the relevant issues.

On December 23, 2014, the FDEP issued an Administrative Order that requires FPL to submit a Salinity Management Plan that would reduce salinity in the cooling canal system. Four parties have challenged this Administrative Order, Tropical Audubon Society, Inc., Miami-Dade County, Atlantic Civil, Inc., and the City of Miami. (Florida Division of Administrative Hearings, Consolidated Case Nos: 15-1744, 15-1745, 15-1746, and 15-1747). The Administrative Order is stayed pending the outcome of the hearing. On April 30, 2015, the ALJ set a hearing date of August 4-7, 2015. A reasonable estimate for a decision of the ALJ in this proceeding is October 1, 2015.

Finally, on January 26, 2015, FPL submitted a consumptive use permit application to the South Florida Water Management District (SFWMD), seeking authorization to divert and use non-reserved water from the L-31E canal, which would otherwise be discharged to Biscayne Bay.

On April 9, 2015 the SFWMD granted the authorization for withdrawals of excess water during the rainy season (June 1 to November 30) in 2015 and 2016. The deadline for requesting a hearing on this permit was May 4, 2015. Atlantic Civil, Inc., City of Miami and Tropical Audubon Society, Inc. all timely filed petitions for administrative hearing with the SFWMD.

These petitions stayed the effectiveness of the SFWMD permit. No date for this hearing has been set, but a reasonable estimate for its completion and issuance of a Recommended Order is December 15, 2015.

Respectfully submitted, Signed (electronically) by Steven Hamrick

_________________________

Steven C. Hamrick Florida Power & Light Company 801 Pennsylvania Ave. NW, Suite 220 Washington, D.C. 20004 Office: 202-349-3496 Email: Steven.Hamrick@fpl.com cc: Service List

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

)

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

) 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 Letter to the Atomic Safety and Licensing Board dated May 5, 2015 was provided to the Electronic Information Exchange for service and via e-mail to CASE.

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 Dated at Washington, DC this 5th day of May, 2015