ML15282A248

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FPL Notice to the Board Regarding State Administrative Proceedings
ML15282A248
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 10/09/2015
From: Hamrick S C
Florida Power & Light Co
To: Gibson M M, Kennedy M F, Sager W W
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28368
Download: ML15282A248 (3)


Text

Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220, Washington DC 20004 October 9, 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:

On June 25, 2015, FPL provided a letter to the Board explaining that two relevant administrative hearings in Florida had been continued to allow for settlement discussions among the parties. These included the challenge to the modification of the Conditions of Certification for Turkey Point Units 3-5 to allow Upper Floridan Aquifer wells (the "Site Certification Modification" hearing) and the challenge to the Administrative Order that would require FPL to submit a Salinity Management Plan (the "Administrative Order" hearing). In the past week, several events have occurred affecting these proceedings. On October 2, 2015, Miami-Dade County, through its Department of Regulatory and Economic Resources, Division of Environmental Resources Management issued a "Notice of Violation and Orders for Corrective Action" ("NOV") to FPL. FPL and Miami-Dade County resolved the NOV on October 7 by entering into a Consent Agreement under which FPL agreed to take several actions to address water quality impacts associated with the Cooling Canal System, as alleged in the NOV. As a result of this Consent Agreement, Miami-Dade County also entered into a stipulation to withdraw from both the Administrative Order hearing and the Site Certification Modification hearing.

AdministrativeJudgesGibson,KennedyandSagerOctober9,2015Page2of2 Finally, a hearing is currently scheduled for October 13-16, 2015 on the South Florida Water Management District's approval of FPL's consumptive use permit for withdrawals from the L-31 E Canal. At this point, only one challenger remains to the L-31 E consumptive use permit. Due to the twelve-week continuances, the Administrative Order hearing is currently scheduled for November 2-6, 2015 and the Site Certification Modification hearing is currently scheduled for December 1-4, 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 October 9, 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 9th day of October, 2015 Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220, Washington DC 20004 October 9, 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:

On June 25, 2015, FPL provided a letter to the Board explaining that two relevant administrative hearings in Florida had been continued to allow for settlement discussions among the parties. These included the challenge to the modification of the Conditions of Certification for Turkey Point Units 3-5 to allow Upper Floridan Aquifer wells (the "Site Certification Modification" hearing) and the challenge to the Administrative Order that would require FPL to submit a Salinity Management Plan (the "Administrative Order" hearing). In the past week, several events have occurred affecting these proceedings. On October 2, 2015, Miami-Dade County, through its Department of Regulatory and Economic Resources, Division of Environmental Resources Management issued a "Notice of Violation and Orders for Corrective Action" ("NOV") to FPL. FPL and Miami-Dade County resolved the NOV on October 7 by entering into a Consent Agreement under which FPL agreed to take several actions to address water quality impacts associated with the Cooling Canal System, as alleged in the NOV. As a result of this Consent Agreement, Miami-Dade County also entered into a stipulation to withdraw from both the Administrative Order hearing and the Site Certification Modification hearing.

AdministrativeJudgesGibson,KennedyandSagerOctober9,2015Page2of2 Finally, a hearing is currently scheduled for October 13-16, 2015 on the South Florida Water Management District's approval of FPL's consumptive use permit for withdrawals from the L-31 E Canal. At this point, only one challenger remains to the L-31 E consumptive use permit. Due to the twelve-week continuances, the Administrative Order hearing is currently scheduled for November 2-6, 2015 and the Site Certification Modification hearing is currently scheduled for December 1-4, 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 October 9, 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 9th day of October, 2015