ML16006A063
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 COMMISSIONTitle:In the Matter of Florida Power & Light CompanyDocket Number:50-250-LA 50-251-LAASLBP Number:15-935-02-LA-BD01 Location:Teleconference Date:January 4, 2016Work Order No.:NRC-2119Pages 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 237UNITED STATES OF AMERICA 1NUCLEAR REGULATORY COMMISSION 2+ + + + +
3ATOMIC SAFETY AND LICENSING BOARD PANEL 4+ + + + +
5HEARING6----------------------x 7In the Matter of: :
8FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA 9COMPANY : 50-251-LA 10 : ASLBP No. 15-935-02-LA-BD01 11(Turkey Point Nuclear :
12Generating, Units 3 :
13and 4) :
14----------------------x 15Monday,16January 4, 2016 1718Teleconference 1920BEFORE:21MICHAEL M. GIBSON, Chairman 22DR. MICHAEL F. KENNEDY, Administrative 23Judge24DR. WILLIAM W. SAGER, Administrative Judge 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Company 5801 Pennsylvania Avenue, N.W.
6Suite 220 7Washington, D.C. 20004 8202-349-3496 9steven.hamrick@fpl.com 1011On Behalf of the Nuclear Regulatory Commission:
12BRIAN HARRIS, ESQ.
13CATHERINE KANATAS, ESQ.
14DAVID ROTH, ESQ.
15AUDREY KLETT, Project Manager, Turkey Point 16of:U.S. Nuclear Regulatory Commission 17Office of the General Counsel 18Mail Stop O-15 D21 19Washington, D.C. 20555-0001 20301-415-1392 21brian.harris@nrc.gov 22catherine.kanatas@nrc.gov 23david.roth@nrc.gov 2425NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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, President 3ofCitizens Allied for Safe Energy, Inc. (CASE) 410001 Southwest 123rd Terrace 5Miami, Florida 33176 6305-251-1960 7bwtamia@bellsouth.net 8910ALSO PRESENT:
11SARA CULLER, ASLB 12NICOLE PEPPERL, Law Clerk, ASLB 13JENNIFER SCRO, Law Clerk, ASLB 14ANDREW WELKIE, ASLB 1516 17 18 19 20 21 22 23 24 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 240TABLE OF CONTENTS 12FPL3Exhibit No.
Mrk'd Rec'd 4FPL-001 through FPL-031 -- 8 514A through F -- 8 617A and 17B -- 8 724A through G -- 8 8FPL-032R -- 8 90-FPL-033 through 0-FPL-036 -- 8 10FPL-37 -- 22 1112NRC13Exhibit No.
Mrk'd Rec'd 14NRC-001 through NRC-022 -- 9 15NRC-024 through NRC-049 -- 9 1617INT18Exhibit No.
Mrk'd Rec'd 19INT-000 10 10 20INT-001 -- 10 21INT-002 through INT-006 -- 15 22INT-076 10 10 23INT-012 -- 12 24INT-013 -- 12 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 241INT-029 -- 12 1INT-030 -- 12 2INT-042 -- 12 3INT-043 -- 12 45 6
7 8
910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 S 110:04 a.m.
2CHAIRMAN GIBSON: Good morning, this is 3Judge Gibson.
4Is our Court Reporter on the line?
5COURT REPORTER: Yes, I am.
6CHAIRMAN GIBSON: Great.
7We are here today on a Pre-Trial 8Conference for the evidentiary hearing concerning 9United States Regulatory Commission's issuance of 10license amendments that increase the ultimate heat 11sink water temperature limit for the cooling canal 12system at the Turkey Point Nuclear Power Plant.
13This evidentiary hearing will begin next 14week in Homestead, Florida on Monday, January 11 and 15Tuesday, January 12.
16With me on the line are the other members 17of the Board conducting this evidentiary hearing, 18Judge Michael Kennedy and Judge William Sager.
19Next, I would like to have announcements 20of 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 Regulatory 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Nuclear 3Regulatory Commission Staff. And, with me in the room 4is Cathy Kanatas and David Roth, also counsel for the 5NRC 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 miss 11anyone?12Very well.
13Also on the phone with us today are our 14two law clerks, Nicole Pepperl and Jennifer Scro as 15well as a member of the Board's IT staff, Andy Welkie 16who will be attending the hearing and Ms. Sara Culler 17as our administrative staff.
18I need to tell you all that there, as 19about the time this call started, fire engines started 20collecting immediately below our office. I think 21there's probably some sort of demonstration or test or 22something, but hopefully, there's nothing serious.
23But, I just need to let you all know that. It's a 24little weird.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 244But, anyway, I'd like to begin with the 1admission of evidence.
2Counsel for FPL, we have your exhibit list 3which indicates that you are offering FPL-001 to FPL-4036 and that you have also filed a revised Exhibit 5FPL-032R. Is that correct?
6MR. HAMRICK: That is correct, Your Honor.
7CHAIRMAN GIBSON: Is there any objection 8to the admission of these exhibits?
9Very well, hearing none, Applicant's 10Exhibits FPL-001-FPL-031 including all subparts which 11would be Exhibit 14A through F, 17A and B and 24A 12through G as well as FPL-032R and 0-FPL-033 to 0-FLP-13036 are admitted.
14(Whereupon, the above-referred to 15documents were received into evidence as Applicant's 16Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A 17and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-18036.)19CHAIRMAN GIBSON: Counsel, for the NRC 20Staff, your exhibit list indicates that you are 21offering NRC-001 to NRC-022 and NRC-024 to NRC-049.
22Is that correct?
23MR. HARRIS: Yes, Your Honor.
24CHAIRMAN GIBSON: Is there any objection 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Staff 2Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are 3admitted.
4(Whereupon, the above-referred to 5documents were received into evidence as NRC Staff 6Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)
7CHAIRMAN GIBSON: Finally, we consider 8Intervenor'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 have 13already been lodged to the exhibits in some Motions 14that have been filed and we will make note of those as 15we go.16However, I need to note initially that the 17Board has a number of issues with several of these 18exhibits.
19First of all, Mr. White, as you're aware, 20some of CASE's submissions were stricken from the 21record in the Board's December 22 Order.
22In the wake of that Order and for the sake 23of clarity, the Board will admit CASE's Statement of 24Position which will be marked as INT-000. And, it 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 246will be done so with appropriate redlining to reflect 1the Board's December 22 decision.
2(Whereupon, the abo ve-referred to document3was marked and received into evidence as Intervenor's 4Exhibit INT-000.)
5CHAIRMAN GIBSON: CASE also filed two 6versions of INT-001, one on October 9, 2015 and the 7second on October 26, 2015 following the Board's Order 8to renumber CASE's exhibits.
9The Board admits CASE's October 26 version 10of INT-001, also with appropriate redlining.
11And, the Board also admits CASE's Rebuttal 12Statement as INT-076 with redlining.
13(Whereupon, the above-referred to document 14was received into evidence as Intervenor's Exhibit 15INT-001 and Intervenor's Exhibit INT-076.)
16CHAIRMAN GIBSON: Now, the redlined 17versions of CASE's Statement of Position which is now 18INT-000 as well as INT-001 and CASE's Rebuttal 19Statement which is now INT-076, the redlined versions 20of 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 lodge 23any addition objections to any of these three 24exhibits, please do so in writing within two business 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 247days of your receipt of the copies that the clerks 1will be emailing you shortly.
2Now, the second item, Mr. White, is that 3a number of the items to which you've assigned exhibit 4numbers are contained within CASE's Statement of 5Position which, as I indicated, we have just marked as 6INT-000 or within INT-001 or within INT-002.
7The Board sees no reason to confuse the 8proceedings further by using separate exhibit numbers 9for these references.
10Therefore, all documents that are 11contained within INT-000, INT-001 or INT-002, and I 12should add and that were not filed as separate 13documents, will be identified by the page number of 14one of those exhibits.
15Let me give an example. CASE quotes from 16an email dated March 1, 2015 in its initial Statement 17of Position at page 47. It also assigned a separate 18exhibit number to that email, INT-027.
19During our hearing next week, instead of 20referring to this email as INT-027, we will refer to 21it as INT-000 at page 47.
22Now to be sure, there are some documents 23that were filed as exhibits but that were not 24contained within INT-000, 001 or 002.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 retain 3their given exhibit number by case.
4Does anyone have any questions about this 5change or fix, I should say?
6Hearing none, is there any objection to 7admitting INT-012, 013, 029, 030, 042 and 043?
8Hearing none, those exhibits are admitted.
9(Whereupon, the above-referred to 10documents were received into evidence as Intervenor's 11Exhibits INT-012, INT-013, INT-029, INT-030, INT-042 12and INT-043.)
13CHAIRMAN GIBSON: Third, now, Mr. White, 14there is an issue with some of CASE's exhibits in that 15CASE references documents that are in ADAMS. But, 16instead of providing the document itself, CASE only 17provides the ADAMS accession number.
18A few of these exhibits have already been 19admitted as NRC or FPL exhibits. I'm going to go 20through 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. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 two 3documents. One is the same document as INT-033 which 4is NRC-020 and the other is the biological assessment 5which is INT-048 which is also listed as NRC-010. So, 6those are basically covered by other exhibits.
10Now, the Board sees no reason to admit 11duplicate exhibits and so we will disregard INT-009, 12014, 015, 033, 034, 035, 045 and 048.
13If CASE wishes to lodge an objection to 14these exhibits not being admitted, please do so in 15writing within two business days of this call.
16However, there are three ADAMS documents, 17INT-017, INT-028 and INT-039 where CASE did not 18provide the actual document and there are not 19duplicative of either an FPL exhibit or an NRC Staff 20exhibit.21The first is, let's take INT-039 first.
22This is an Environmental Review guidance document for 23licensing actions associated with the Office of 24Nuclear Material Safety and Safeguards, or NMSS.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 250Since this license amendment is not 1associated with or regulated by NMSS, but rather is 2regulated by the Office of Nuclear Reactor Regulation, 3or NRR, the Board fails to see any possible relevance 4of this document to this proceeding.
5Therefore, the Board will not admit 039.
6We do note, however, Mr. White, that the 7staff has provided the Environmental Review Guidance 8for NRR in NRC-027 and NRC-028.
9Nevertheless, if CASE wishes to lodge an 10objection to INT-039 not being admitted, please do so 11in writing within two business days of this hearing, 12of this Pre-Trial call.
13The other two documents are INT-017 and 14INT-028. These appear to be relevant documents and 15the Board's law clerks will provide the parties with 16copies of documents at the end of this Pre-Trial 17Conference.
18We will make a decision on whether to 19admit INT-017 and INT-028 no later than the start of 20our hearing on Monday next week.
21But, in the interim, the parties should 22ensure that their witnesses will be prepared to 23testify as to any issues addressed in these documents 24relevant to this proceeding in the event they are 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 an 2objection to either -- to the admission of either of 3these two exhibits, please do so in writing within two 4business days of your receipt of the copies that the 5clerks will be sending you by email shortly.
6Now, in addition to these INT exhibits, 7INT-008, INT-010 and INT-011 are previous Board Orders 8and filings from this proceeding.
9The Board sees no reason to admit 10pleadings as separate hearing exhibits or Orders as 11hearing exhibits. Nevertheless, if CASE wishes to 12lodge an objection to INT-008, 010 or 011 not being 13admitted, please do so in writing within two business 14days of this hearing.
15So, in summary, INT-000 to INT-006, INT-16012, INT-013, INT-029, INT-030, INT-042, INT-043 and 17INT-076 are admitted.
18(Whereupon, the above-referred to 19documents were received into evidence as Intervenor's 20Exhibits INT-002 through INT-006.)
21As for INT-017 and INT-028, the Board will 22rule on whether to admit either or both no later than 23the start of our hearing on Monday.
24Now, did I miss any exhibits?
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 252Okay, apparently not, so we will proceed 1with the rest of the issues for Pre-Trial.
2Consistent with our December 22 decision, 3we previously ordered -- I want to make sure that you 4all recognize when you do prepare any objections that 5the reliability or hearsay nature of any evidence will 6go not to its admissibility per se but to its 7probative value. So, please consider that if you're 8preparing any objections.
9We anticipate also issuing an Order that 10will memorialize the admission of all these exhibits 11shortly and it'll probably be the second thing you get 12after you get the other emails from the clerks about 13the redline copies of the exhibits and the copies of 14those three exhibits -- two exhibits that were 15admitted or that you all should consider, INT-017 and 16028.17Okay, moving on to other Pre-Trial 18matters, I want to explain our planned schedule for 19the witnesses next week.
20The Board will begin its questions with 21Dr. Stoddard. We will ask the questions of him that 22we deem important.
23But once we have concluded our initial 24examination of Dr. Stoddard, we will recess and we'll 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 253afford the parties an opportunity to submit suggested 1additional questions.
2The Board will consider which, if any, of 3these questions to ask and then Dr. Stoddard will be 4excused for the remainder of the proceeding.
5We expect to finish all questions we have 6for him by 11:00 a.m. on Monday.
7Thereafter, the Board will then empanel 8FPL's three witnesses and the NRC staff's four 9witnesses.
10We would like all of these witnesses to be 11available for the entirety of the proceeding unless 12FPL or the NRC staff inform me otherwise, I will 13assume that all seven of these witnesses will be able 14to attend the hearing all day on Monday, January 11 15and on Tuesday, January 12.
16Finally, and this probably goes more for 17Mr. White than for the other two since he's not a 18lawyer, I want to clarify that this evidentiary 19hearing will be conducted very differently from the 20oral argument that the Board held last January.
21The purpose of this hearing is for the 22Board to ask questions of the witnesses so that we can 23have a clear record for our decision.
24This is not the time for legal or policy 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 254arguments. Rather, this is the time for the Board to 1determine the merits of the admitted contention.
2Accordingly, the Board will spend most of 3its time directing its questions to the witnesses and 4very little time talking to counsel or to, in this 5case, CASE's representative, Mr. White.
6But, before we end the hearing, we will 7give the parties another chance to submit additional 8suggested questions for the witnesses. And, other 9than, of course, Dr. Stoddard, and then we'll have to 10have questions for as soon as he finishes talking.
11And so, I would suggest that, as the Board 12is interrogating these witnesses on Monday and 13Tuesday, it would be a good idea for you to be jotting 14down any possible questions as we go through the 15hearing rather than trying to come up with them at the 16end because we will not be affording you a whole lot 17of time to put those together.
18You need to basically have them ready by 19the time we finish interrogating the witnesses.
20MR. HARRIS: Your Honor, this is Brian 21Harris for the staff.
22CHAIRMAN GIBSON: Yes, Mr. Harris?
23MR. HARRIS: Just as a point of 24clarification, how do you expect the parties to be 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 other 2method you're contemplating for the submission of 3these proposed questions at the hearing?
4CHAIRMAN GIBSON: Well, if you have a 5laptop with Internet access, my suggestion would be 6that you emailed them to the two law clerks. And, you 7will have their email addresses shortly when they send 8you this stuff out.
9However, if it is not possible for you to 10submit them by email, then you will just have them 11written down on a piece of paper and we will accept 12them that way.
13Fair enough?
14MR. HARRIS: Thank you, Your Honor.
15CHAIRMAN GIBSON: Yes.
16Mr. White, if you have any questions about 17your role in this hearing, now would be a good time to 18ask them. Do you understand what I just told you?
19MR. WHITE: Yes, sir, and it was quite 20clear. Thank you.
21CHAIRMAN GIBSON: Good.
22Are there any further administrative 23matters that we need to discuss?
24Counsel for FPL?
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 256MR. HAMRICK: Yes, I have a couple of 1questions.
2The initial scheduling order mentioned 3that the close of discovery would correspond with the 4close of the hearing. And, I just wanted to get some 5clarification on whether that would be Tuesday the 612th at the close of the hearing or whether the 7discovery would continue until, you know, the formal 8conclusion of the hearing following, you know, 9transcript corrections and that kind of thing?
10Or, what your expectation is for the end 11of mandatory disclosures?
12CHAIRMAN GIBSON: Limited appearance 13statements could come in until the 15th. So, why 14don't we have our disclosures go through that date?
15Fair enough?
16MR. HAMRICK: Okay, thank you.
17CHAIRMAN GIBSON: Yes. Is there anything 18else?19MR. HAMRICK: It sounded like you were not 20anticipating or requesting any opening or closing 21statements of counsel or representatives as well.
22CHAIRMAN GIBSON: You know, we're 23definitely -- don't -- won't need any opening. I will 24say this, it is possible we may want to have a 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 will 1be focused on perhaps a legal issue or an 2environmental policy question that we may have 3involving the EA. I doubt it will have anything in 4terms of the merits of the contention per se, the 5factual merits of the contention per se.
6But, it's possible, but I wouldn't spend 7a lot of time preparing a lengthy opening or closing 8because I'm sure it would be scintillating but there's 9really not a whole lot to add to what the witnesses 10are going to be saying at this point. I think we 11understand the issues.
12MR. HAMRICK: Thank you.
13CHAIRMAN GIBSON: Very well.
14Is there anything else?
15FPL?16MR. HAMRICK: Well, I don't know if this 17is the right time or not, but I wanted to bring this 18up to your attention that on the December 31st, the 19Administrative Law Judge in the L31 Hearing in Florida 20issued an Order following the hearing on that matter.
21And, I plan to submit that to the Board 22today, but I just wanted to alert you to that 23occurrence.
24CHAIRMAN GIBSON: Very well, thank you.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 in 2front of us, what I would like you to do is to submit 3that, if you could, as FPL-37 and, unless there's some 4objection, that Administrative Order will be admitted 5as FPL-37.
6(Whereupon, the above-referred to document 7was received into evidence as FPL-37.)
8MR. HAMRICK: Okay, thank you.
9CHAIRMAN GIBSON: Yes, and thank you for 10bringing that to our attention, counsel, appreciate 11that. Is there anything else from FPL?
12MR. HAMRICK: Not at this time.
13CHAIRMAN GIBSON: NRC staff, is there 14anything you need to raise with us?
15MR. HARRIS: Not at this time, Your Honor.
16CHAIRMAN GIBSON: Mr. White, is there 17anything 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 you 21all next week in Florida. Have a good week. Thank 22you so much.
23(Whereupon, the abo ve-entitled matter went 24off the record at 10:31 a.m.)
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSIONTitle:In the Matter of Florida Power & Light CompanyDocket Number:50-250-LA 50-251-LAASLBP Number:15-935-02-LA-BD01 Location:Teleconference Date:January 4, 2016Work Order No.:NRC-2119Pages 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 237UNITED STATES OF AMERICA 1NUCLEAR REGULATORY COMMISSION 2+ + + + +
3ATOMIC SAFETY AND LICENSING BOARD PANEL 4+ + + + +
5HEARING6----------------------x 7In the Matter of: :
8FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA 9COMPANY : 50-251-LA 10 : ASLBP No. 15-935-02-LA-BD01 11(Turkey Point Nuclear :
12Generating, Units 3 :
13and 4) :
14----------------------x 15Monday,16January 4, 2016 1718Teleconference 1920BEFORE:21MICHAEL M. GIBSON, Chairman 22DR. MICHAEL F. KENNEDY, Administrative 23Judge24DR. WILLIAM W. SAGER, Administrative Judge 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Company 5801 Pennsylvania Avenue, N.W.
6Suite 220 7Washington, D.C. 20004 8202-349-3496 9steven.hamrick@fpl.com 1011On Behalf of the Nuclear Regulatory Commission:
12BRIAN HARRIS, ESQ.
13CATHERINE KANATAS, ESQ.
14DAVID ROTH, ESQ.
15AUDREY KLETT, Project Manager, Turkey Point 16of:U.S. Nuclear Regulatory Commission 17Office of the General Counsel 18Mail Stop O-15 D21 19Washington, D.C. 20555-0001 20301-415-1392 21brian.harris@nrc.gov 22catherine.kanatas@nrc.gov 23david.roth@nrc.gov 2425NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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, President 3ofCitizens Allied for Safe Energy, Inc. (CASE) 410001 Southwest 123rd Terrace 5Miami, Florida 33176 6305-251-1960 7bwtamia@bellsouth.net 8910ALSO PRESENT:
11SARA CULLER, ASLB 12NICOLE PEPPERL, Law Clerk, ASLB 13JENNIFER SCRO, Law Clerk, ASLB 14ANDREW WELKIE, ASLB 1516 17 18 19 20 21 22 23 24 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 240TABLE OF CONTENTS 12FPL3Exhibit No.
Mrk'd Rec'd 4FPL-001 through FPL-031 -- 8 514A through F -- 8 617A and 17B -- 8 724A through G -- 8 8FPL-032R -- 8 90-FPL-033 through 0-FPL-036 -- 8 10FPL-37 -- 22 1112NRC13Exhibit No.
Mrk'd Rec'd 14NRC-001 through NRC-022 -- 9 15NRC-024 through NRC-049 -- 9 1617INT18Exhibit No.
Mrk'd Rec'd 19INT-000 10 10 20INT-001 -- 10 21INT-002 through INT-006 -- 15 22INT-076 10 10 23INT-012 -- 12 24INT-013 -- 12 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 241INT-029 -- 12 1INT-030 -- 12 2INT-042 -- 12 3INT-043 -- 12 45 6
7 8
910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 S 110:04 a.m.
2CHAIRMAN GIBSON: Good morning, this is 3Judge Gibson.
4Is our Court Reporter on the line?
5COURT REPORTER: Yes, I am.
6CHAIRMAN GIBSON: Great.
7We are here today on a Pre-Trial 8Conference for the evidentiary hearing concerning 9United States Regulatory Commission's issuance of 10license amendments that increase the ultimate heat 11sink water temperature limit for the cooling canal 12system at the Turkey Point Nuclear Power Plant.
13This evidentiary hearing will begin next 14week in Homestead, Florida on Monday, January 11 and 15Tuesday, January 12.
16With me on the line are the other members 17of the Board conducting this evidentiary hearing, 18Judge Michael Kennedy and Judge William Sager.
19Next, I would like to have announcements 20of 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 Regulatory 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Nuclear 3Regulatory Commission Staff. And, with me in the room 4is Cathy Kanatas and David Roth, also counsel for the 5NRC 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 miss 11anyone?12Very well.
13Also on the phone with us today are our 14two law clerks, Nicole Pepperl and Jennifer Scro as 15well as a member of the Board's IT staff, Andy Welkie 16who will be attending the hearing and Ms. Sara Culler 17as our administrative staff.
18I need to tell you all that there, as 19about the time this call started, fire engines started 20collecting immediately below our office. I think 21there's probably some sort of demonstration or test or 22something, but hopefully, there's nothing serious.
23But, I just need to let you all know that. It's a 24little weird.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 244But, anyway, I'd like to begin with the 1admission of evidence.
2Counsel for FPL, we have your exhibit list 3which indicates that you are offering FPL-001 to FPL-4036 and that you have also filed a revised Exhibit 5FPL-032R. Is that correct?
6MR. HAMRICK: That is correct, Your Honor.
7CHAIRMAN GIBSON: Is there any objection 8to the admission of these exhibits?
9Very well, hearing none, Applicant's 10Exhibits FPL-001-FPL-031 including all subparts which 11would be Exhibit 14A through F, 17A and B and 24A 12through G as well as FPL-032R and 0-FPL-033 to 0-FLP-13036 are admitted.
14(Whereupon, the above-referred to 15documents were received into evidence as Applicant's 16Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A 17and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-18036.)19CHAIRMAN GIBSON: Counsel, for the NRC 20Staff, your exhibit list indicates that you are 21offering NRC-001 to NRC-022 and NRC-024 to NRC-049.
22Is that correct?
23MR. HARRIS: Yes, Your Honor.
24CHAIRMAN GIBSON: Is there any objection 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 Staff 2Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are 3admitted.
4(Whereupon, the above-referred to 5documents were received into evidence as NRC Staff 6Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)
7CHAIRMAN GIBSON: Finally, we consider 8Intervenor'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 have 13already been lodged to the exhibits in some Motions 14that have been filed and we will make note of those as 15we go.16However, I need to note initially that the 17Board has a number of issues with several of these 18exhibits.
19First of all, Mr. White, as you're aware, 20some of CASE's submissions were stricken from the 21record in the Board's December 22 Order.
22In the wake of that Order and for the sake 23of clarity, the Board will admit CASE's Statement of 24Position which will be marked as INT-000. And, it 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 246will be done so with appropriate redlining to reflect 1the Board's December 22 decision.
2(Whereupon, the abo ve-referred to document3was marked and received into evidence as Intervenor's 4Exhibit INT-000.)
5CHAIRMAN GIBSON: CASE also filed two 6versions of INT-001, one on October 9, 2015 and the 7second on October 26, 2015 following the Board's Order 8to renumber CASE's exhibits.
9The Board admits CASE's October 26 version 10of INT-001, also with appropriate redlining.
11And, the Board also admits CASE's Rebuttal 12Statement as INT-076 with redlining.
13(Whereupon, the above-referred to document 14was received into evidence as Intervenor's Exhibit 15INT-001 and Intervenor's Exhibit INT-076.)
16CHAIRMAN GIBSON: Now, the redlined 17versions of CASE's Statement of Position which is now 18INT-000 as well as INT-001 and CASE's Rebuttal 19Statement which is now INT-076, the redlined versions 20of 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 lodge 23any addition objections to any of these three 24exhibits, please do so in writing within two business 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 247days of your receipt of the copies that the clerks 1will be emailing you shortly.
2Now, the second item, Mr. White, is that 3a number of the items to which you've assigned exhibit 4numbers are contained within CASE's Statement of 5Position which, as I indicated, we have just marked as 6INT-000 or within INT-001 or within INT-002.
7The Board sees no reason to confuse the 8proceedings further by using separate exhibit numbers 9for these references.
10Therefore, all documents that are 11contained within INT-000, INT-001 or INT-002, and I 12should add and that were not filed as separate 13documents, will be identified by the page number of 14one of those exhibits.
15Let me give an example. CASE quotes from 16an email dated March 1, 2015 in its initial Statement 17of Position at page 47. It also assigned a separate 18exhibit number to that email, INT-027.
19During our hearing next week, instead of 20referring to this email as INT-027, we will refer to 21it as INT-000 at page 47.
22Now to be sure, there are some documents 23that were filed as exhibits but that were not 24contained within INT-000, 001 or 002.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 retain 3their given exhibit number by case.
4Does anyone have any questions about this 5change or fix, I should say?
6Hearing none, is there any objection to 7admitting INT-012, 013, 029, 030, 042 and 043?
8Hearing none, those exhibits are admitted.
9(Whereupon, the above-referred to 10documents were received into evidence as Intervenor's 11Exhibits INT-012, INT-013, INT-029, INT-030, INT-042 12and INT-043.)
13CHAIRMAN GIBSON: Third, now, Mr. White, 14there is an issue with some of CASE's exhibits in that 15CASE references documents that are in ADAMS. But, 16instead of providing the document itself, CASE only 17provides the ADAMS accession number.
18A few of these exhibits have already been 19admitted as NRC or FPL exhibits. I'm going to go 20through 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. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 two 3documents. One is the same document as INT-033 which 4is NRC-020 and the other is the biological assessment 5which is INT-048 which is also listed as NRC-010. So, 6those are basically covered by other exhibits.
10Now, the Board sees no reason to admit 11duplicate exhibits and so we will disregard INT-009, 12014, 015, 033, 034, 035, 045 and 048.
13If CASE wishes to lodge an objection to 14these exhibits not being admitted, please do so in 15writing within two business days of this call.
16However, there are three ADAMS documents, 17INT-017, INT-028 and INT-039 where CASE did not 18provide the actual document and there are not 19duplicative of either an FPL exhibit or an NRC Staff 20exhibit.21The first is, let's take INT-039 first.
22This is an Environmental Review guidance document for 23licensing actions associated with the Office of 24Nuclear Material Safety and Safeguards, or NMSS.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 250Since this license amendment is not 1associated with or regulated by NMSS, but rather is 2regulated by the Office of Nuclear Reactor Regulation, 3or NRR, the Board fails to see any possible relevance 4of this document to this proceeding.
5Therefore, the Board will not admit 039.
6We do note, however, Mr. White, that the 7staff has provided the Environmental Review Guidance 8for NRR in NRC-027 and NRC-028.
9Nevertheless, if CASE wishes to lodge an 10objection to INT-039 not being admitted, please do so 11in writing within two business days of this hearing, 12of this Pre-Trial call.
13The other two documents are INT-017 and 14INT-028. These appear to be relevant documents and 15the Board's law clerks will provide the parties with 16copies of documents at the end of this Pre-Trial 17Conference.
18We will make a decision on whether to 19admit INT-017 and INT-028 no later than the start of 20our hearing on Monday next week.
21But, in the interim, the parties should 22ensure that their witnesses will be prepared to 23testify as to any issues addressed in these documents 24relevant to this proceeding in the event they are 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 an 2objection to either -- to the admission of either of 3these two exhibits, please do so in writing within two 4business days of your receipt of the copies that the 5clerks will be sending you by email shortly.
6Now, in addition to these INT exhibits, 7INT-008, INT-010 and INT-011 are previous Board Orders 8and filings from this proceeding.
9The Board sees no reason to admit 10pleadings as separate hearing exhibits or Orders as 11hearing exhibits. Nevertheless, if CASE wishes to 12lodge an objection to INT-008, 010 or 011 not being 13admitted, please do so in writing within two business 14days of this hearing.
15So, in summary, INT-000 to INT-006, INT-16012, INT-013, INT-029, INT-030, INT-042, INT-043 and 17INT-076 are admitted.
18(Whereupon, the above-referred to 19documents were received into evidence as Intervenor's 20Exhibits INT-002 through INT-006.)
21As for INT-017 and INT-028, the Board will 22rule on whether to admit either or both no later than 23the start of our hearing on Monday.
24Now, did I miss any exhibits?
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 252Okay, apparently not, so we will proceed 1with the rest of the issues for Pre-Trial.
2Consistent with our December 22 decision, 3we previously ordered -- I want to make sure that you 4all recognize when you do prepare any objections that 5the reliability or hearsay nature of any evidence will 6go not to its admissibility per se but to its 7probative value. So, please consider that if you're 8preparing any objections.
9We anticipate also issuing an Order that 10will memorialize the admission of all these exhibits 11shortly and it'll probably be the second thing you get 12after you get the other emails from the clerks about 13the redline copies of the exhibits and the copies of 14those three exhibits -- two exhibits that were 15admitted or that you all should consider, INT-017 and 16028.17Okay, moving on to other Pre-Trial 18matters, I want to explain our planned schedule for 19the witnesses next week.
20The Board will begin its questions with 21Dr. Stoddard. We will ask the questions of him that 22we deem important.
23But once we have concluded our initial 24examination of Dr. Stoddard, we will recess and we'll 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 253afford the parties an opportunity to submit suggested 1additional questions.
2The Board will consider which, if any, of 3these questions to ask and then Dr. Stoddard will be 4excused for the remainder of the proceeding.
5We expect to finish all questions we have 6for him by 11:00 a.m. on Monday.
7Thereafter, the Board will then empanel 8FPL's three witnesses and the NRC staff's four 9witnesses.
10We would like all of these witnesses to be 11available for the entirety of the proceeding unless 12FPL or the NRC staff inform me otherwise, I will 13assume that all seven of these witnesses will be able 14to attend the hearing all day on Monday, January 11 15and on Tuesday, January 12.
16Finally, and this probably goes more for 17Mr. White than for the other two since he's not a 18lawyer, I want to clarify that this evidentiary 19hearing will be conducted very differently from the 20oral argument that the Board held last January.
21The purpose of this hearing is for the 22Board to ask questions of the witnesses so that we can 23have a clear record for our decision.
24This is not the time for legal or policy 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 254arguments. Rather, this is the time for the Board to 1determine the merits of the admitted contention.
2Accordingly, the Board will spend most of 3its time directing its questions to the witnesses and 4very little time talking to counsel or to, in this 5case, CASE's representative, Mr. White.
6But, before we end the hearing, we will 7give the parties another chance to submit additional 8suggested questions for the witnesses. And, other 9than, of course, Dr. Stoddard, and then we'll have to 10have questions for as soon as he finishes talking.
11And so, I would suggest that, as the Board 12is interrogating these witnesses on Monday and 13Tuesday, it would be a good idea for you to be jotting 14down any possible questions as we go through the 15hearing rather than trying to come up with them at the 16end because we will not be affording you a whole lot 17of time to put those together.
18You need to basically have them ready by 19the time we finish interrogating the witnesses.
20MR. HARRIS: Your Honor, this is Brian 21Harris for the staff.
22CHAIRMAN GIBSON: Yes, Mr. Harris?
23MR. HARRIS: Just as a point of 24clarification, how do you expect the parties to be 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 other 2method you're contemplating for the submission of 3these proposed questions at the hearing?
4CHAIRMAN GIBSON: Well, if you have a 5laptop with Internet access, my suggestion would be 6that you emailed them to the two law clerks. And, you 7will have their email addresses shortly when they send 8you this stuff out.
9However, if it is not possible for you to 10submit them by email, then you will just have them 11written down on a piece of paper and we will accept 12them that way.
13Fair enough?
14MR. HARRIS: Thank you, Your Honor.
15CHAIRMAN GIBSON: Yes.
16Mr. White, if you have any questions about 17your role in this hearing, now would be a good time to 18ask them. Do you understand what I just told you?
19MR. WHITE: Yes, sir, and it was quite 20clear. Thank you.
21CHAIRMAN GIBSON: Good.
22Are there any further administrative 23matters that we need to discuss?
24Counsel for FPL?
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 256MR. HAMRICK: Yes, I have a couple of 1questions.
2The initial scheduling order mentioned 3that the close of discovery would correspond with the 4close of the hearing. And, I just wanted to get some 5clarification on whether that would be Tuesday the 612th at the close of the hearing or whether the 7discovery would continue until, you know, the formal 8conclusion of the hearing following, you know, 9transcript corrections and that kind of thing?
10Or, what your expectation is for the end 11of mandatory disclosures?
12CHAIRMAN GIBSON: Limited appearance 13statements could come in until the 15th. So, why 14don't we have our disclosures go through that date?
15Fair enough?
16MR. HAMRICK: Okay, thank you.
17CHAIRMAN GIBSON: Yes. Is there anything 18else?19MR. HAMRICK: It sounded like you were not 20anticipating or requesting any opening or closing 21statements of counsel or representatives as well.
22CHAIRMAN GIBSON: You know, we're 23definitely -- don't -- won't need any opening. I will 24say this, it is possible we may want to have a 25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 will 1be focused on perhaps a legal issue or an 2environmental policy question that we may have 3involving the EA. I doubt it will have anything in 4terms of the merits of the contention per se, the 5factual merits of the contention per se.
6But, it's possible, but I wouldn't spend 7a lot of time preparing a lengthy opening or closing 8because I'm sure it would be scintillating but there's 9really not a whole lot to add to what the witnesses 10are going to be saying at this point. I think we 11understand the issues.
12MR. HAMRICK: Thank you.
13CHAIRMAN GIBSON: Very well.
14Is there anything else?
15FPL?16MR. HAMRICK: Well, I don't know if this 17is the right time or not, but I wanted to bring this 18up to your attention that on the December 31st, the 19Administrative Law Judge in the L31 Hearing in Florida 20issued an Order following the hearing on that matter.
21And, I plan to submit that to the Board 22today, but I just wanted to alert you to that 23occurrence.
24CHAIRMAN GIBSON: Very well, thank you.
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 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 in 2front of us, what I would like you to do is to submit 3that, if you could, as FPL-37 and, unless there's some 4objection, that Administrative Order will be admitted 5as FPL-37.
6(Whereupon, the above-referred to document 7was received into evidence as FPL-37.)
8MR. HAMRICK: Okay, thank you.
9CHAIRMAN GIBSON: Yes, and thank you for 10bringing that to our attention, counsel, appreciate 11that. Is there anything else from FPL?
12MR. HAMRICK: Not at this time.
13CHAIRMAN GIBSON: NRC staff, is there 14anything you need to raise with us?
15MR. HARRIS: Not at this time, Your Honor.
16CHAIRMAN GIBSON: Mr. White, is there 17anything 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 you 21all next week in Florida. Have a good week. Thank 22you so much.
23(Whereupon, the abo ve-entitled matter went 24off the record at 10:31 a.m.)
25NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433