Text

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)
	v • d • e

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 237 UNITED STATES OF AMERICA 1 NUCLEAR REGULATORY COMMISSION 2+ + + + +3 ATOMIC SAFETY AND LICENSING BOARD PANEL 4+ + + + +5 HEARING 6----------------------x 7 In the Matter of: :

8 FLORIDA POWER & LIGHT : Docket Nos. 50-250-LA 9 COMPANY : 50-251-LA 10 : ASLBP No. 15-935-02-LA-BD01 11 (Turkey Point Nuclear :

12 Generating, Units 3 :

13 and 4) :

14----------------------x 15 Monday, 16 January 4, 2016 17 18 Teleconference 19 20 BEFORE: 21 MICHAEL M. GIBSON, Chairman 22 DR. MICHAEL F. KENNEDY, Administrative 23 Judge 24 DR. WILLIAM W. SAGER, Administrative Judge 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 238 APPEARANCES:

1 2 On Behalf of the Applicant

3 STEVEN C. HAMRICK, ESQ.

4of:Florida Power and Light Company 5 801 Pennsylvania Avenue, N.W.

6 Suite 220 7 Washington, D.C. 20004 8 202-349-3496 9 steven.hamrick@fpl.com 10 11 On Behalf of the Nuclear Regulatory Commission:

12 BRIAN HARRIS, ESQ.

13 CATHERINE KANATAS, ESQ.

14 DAVID ROTH, ESQ.

15 AUDREY KLETT, Project Manager, Turkey Point 16of:U.S. Nuclear Regulatory Commission 17 Office of the General Counsel 18 Mail Stop O-15 D21 19 Washington, D.C. 20555-0001 20 301-415-1392 21 brian.harris@nrc.gov 22 catherine.kanatas@nrc.gov 23 david.roth@nrc.gov 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 239 On Behalf of Citizens Allied for Safe Energy, 1 Inc. (CASE)

2 BARRY J. WHITE, President 3ofCitizens Allied for Safe Energy, Inc. (CASE) 4 10001 Southwest 123rd Terrace 5 Miami, Florida 33176 6 305-251-1960 7 bwtamia@bellsouth.net 8 9 10 ALSO PRESENT:

11 SARA CULLER, ASLB 12 NICOLE PEPPERL, Law Clerk, ASLB 13 JENNIFER SCRO, Law Clerk, ASLB 14 ANDREW WELKIE, ASLB 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 240 TABLE OF CONTENTS 1 2 FPL 3 Exhibit No.

Mrk'd Rec'd 4 FPL-001 through FPL-031 -- 8 5 14A through F -- 8 6 17A and 17B -- 8 7 24A through G -- 8 8 FPL-032R -- 8 9 0-FPL-033 through 0-FPL-036 -- 8 10 FPL-37 -- 22 11 12 NRC 13 Exhibit No.

Mrk'd Rec'd 14 NRC-001 through NRC-022 -- 9 15 NRC-024 through NRC-049 -- 9 16 17 INT 18 Exhibit No.

Mrk'd Rec'd 19 INT-000 10 10 20 INT-001 -- 10 21 INT-002 through INT-006 -- 15 22 INT-076 10 10 23 INT-012 -- 12 24 INT-013 -- 12 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 241 INT-029 -- 12 1 INT-030 -- 12 2 INT-042 -- 12 3 INT-043 -- 12 4 5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 242 P R O C E E D I N G S 1 10:04 a.m.

2CHAIRMAN GIBSON: Good morning, this is 3 Judge Gibson.

4 Is our Court Reporter on the line?

5 COURT REPORTER: Yes, I am.

6 CHAIRMAN GIBSON: Great.

7 We are here today on a Pre-Trial 8 Conference for the evidentiary hearing concerning 9 United States Regulatory Commission's issuance of 10 license amendments that increase the ultimate heat 11sink water temperature limit for the cooling canal 12 system at the Turkey Point Nuclear Power Plant.

13 This evidentiary hearing will begin next 14 week in Homestead, Florida on Monday, January 11 and 15 Tuesday, January 12.

16 With me on the line are the other members 17 of the Board conducting this evidentiary hearing, 18 Judge Michael Kennedy and Judge William Sager.

19 Next, I would like to have announcements 20 of counsel, beginning first with FPL.

21 MR. HAMRICK: Yes, good morning.

22 This is Steven Hamrick, counsel for FPL.

23 CHAIRMAN GIBSON: Thank you.

24 Counsel for the Nuclear Regulatory 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 243 Commission Staff?

1 MR. HARRIS: Yes, Your Honor.

2 This is Brian Harris for the Nuclear 3Regulatory Commission Staff. And, with me in the room 4 is Cathy Kanatas and David Roth, also counsel for the 5 NRC and Audrey Klett who's the PM for Turkey Point.

6 CHAIRMAN GIBSON: Thank you.

7 Representative for CASE?

8MR. WHITE: Good morning. Barry White, 9 Authorized Representative for CASE.

10CHAIRMAN GIBSON: All right, did I miss 11 anyone?12 Very well.

13 Also on the phone with us today are our 14 two law clerks, Nicole Pepperl and Jennifer Scro as 15 well as a member of the Board's IT staff, Andy Welkie 16 who will be attending the hearing and Ms. Sara Culler 17 as our administrative staff.

18 I need to tell you all that there, as 19 about the time this call started, fire engines started 20collecting immediately below our office. I think 21 there's probably some sort of demonstration or test or 22 something, but hopefully, there's nothing serious.

23But, I just need to let you all know that. It's a 24 little weird.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 244 But, anyway, I'd like to begin with the 1 admission of evidence.

2 Counsel for FPL, we have your exhibit list 3 which indicates that you are offering FPL-001 to FPL-4036 and that you have also filed a revised Exhibit 5 FPL-032R. Is that correct?

6MR. HAMRICK: That is correct, Your Honor.

7 CHAIRMAN GIBSON: Is there any objection 8 to the admission of these exhibits?

9 Very well, hearing none, Applicant's 10 Exhibits FPL-001-FPL-031 including all subparts which 11 would be Exhibit 14A through F, 17A and B and 24A 12 through G as well as FPL-032R and 0-FPL-033 to 0-FLP-13 036 are admitted.

14 (Whereupon, the above-referred to 15 documents were received into evidence as Applicant's 16 Exhibits FPL-001-FPL-031, Exhibit 14A through F, 17A 17 and B, 24A through G, FPL-032R and 0-FPL-033 to 0-FLP-18 036.)19CHAIRMAN GIBSON: Counsel, for the NRC 20 Staff, your exhibit list indicates that you are 21 offering NRC-001 to NRC-022 and NRC-024 to NRC-049.

22 Is that correct?

23 MR. HARRIS: Yes, Your Honor.

24 CHAIRMAN GIBSON: Is there any objection 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 245 to the admission of these exhibits?

1 Very well, hearing none, NRC Staff 2 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049 are 3 admitted.4 (Whereupon, the above-referred to 5 documents were received into evidence as NRC Staff 6 Exhibits NRC-001 to NRC-022 and NRC-024 to NRC-049.)

7CHAIRMAN GIBSON: Finally, we consider 8 Intervenor's exhibits.

9 Mr. White, according to your exhibit list, 10you have offered INT-001 to INT-075. Is that correct?

11 MR. WHITE: Yes, sir.

12CHAIRMAN GIBSON: Several objections have 13 already been lodged to the exhibits in some Motions 14 that have been filed and we will make note of those as 15 we go.16 However, I need to note initially that the 17 Board has a number of issues with several of these 18 exhibits.19 First of all, Mr. White, as you're aware, 20 some of CASE's submissions were stricken from the 21 record in the Board's December 22 Order.

22 In the wake of that Order and for the sake 23 of clarity, the Board will admit CASE's Statement of 24 Position which will be marked as INT-000. And, it 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 246 will be done so with appropriate redlining to reflect 1 the Board's December 22 decision.

2 (Whereupon, the abo ve-referred to document 3 was marked and received into evidence as Intervenor's 4 Exhibit INT-000.)

5CHAIRMAN GIBSON: CASE also filed two 6versions of INT-001, one on October 9, 2015 and the 7 second on October 26, 2015 following the Board's Order 8 to renumber CASE's exhibits.

9 The Board admits CASE's October 26 version 10 of INT-001, also with appropriate redlining.

11 And, the Board also admits CASE's Rebuttal 12 Statement as INT-076 with redlining.

13 (Whereupon, the above-referred to document 14 was received into evidence as Intervenor's Exhibit 15 INT-001 and Intervenor's Exhibit INT-076.)

16CHAIRMAN GIBSON: Now, the redlined 17 versions of CASE's Statement of Position which is now 18 INT-000 as well as INT-001 and CASE's Rebuttal 19 Statement which is now INT-076, the redlined versions 20 of those will be sent to the parties after this Pre-21 Trial Conference and made available on ADAMS.

22 If FPL or the NRC Staff wishes to lodge 23 any addition objections to any of these three 24 exhibits, please do so in writing within two business 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 247 days of your receipt of the copies that the clerks 1 will be emailing you shortly.

2 Now, the second item, Mr. White, is that 3 a number of the items to which you've assigned exhibit 4 numbers are contained within CASE's Statement of 5 Position which, as I indicated, we have just marked as 6 INT-000 or within INT-001 or within INT-002.

7 The Board sees no reason to confuse the 8 proceedings further by using separate exhibit numbers 9 for these references.

10 Therefore, all documents that are 11 contained within INT-000, INT-001 or INT-002, and I 12 should add and that were not filed as separate 13 documents, will be identified by the page number of 14 one of those exhibits.

15Let me give an example. CASE quotes from 16 an email dated March 1, 2015 in its initial Statement 17 of Position at page 47. It also assigned a separate 18 exhibit number to that email, INT-027.

19 During our hearing next week, instead of 20 referring to this email as INT-027, we will refer to 21 it as INT-000 at page 47.

22 Now to be sure, there are some documents 23 that were filed as exhibits but that were not 24 contained within INT-000, 001 or 002.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 248 Specifically, these exhibits are INT-012, 1 INT-013, INT-029, INT-030, INT-042 and INT-043.

2 Therefore, these exhibits will retain 3 their given exhibit number by case.

4 Does anyone have any questions about this 5 change or fix, I should say?

6 Hearing none, is there any objection to 7 admitting INT-012, 013, 029, 030, 042 and 043?

8 Hearing none, those exhibits are admitted.

9 (Whereupon, the above-referred to 10 documents were received into evidence as Intervenor's 11 Exhibits INT-012, INT-013, INT-029, INT-030, INT-042 12 and INT-043.)

13 CHAIRMAN GIBSON: Third, now, Mr. White, 14 there is an issue with some of CASE's exhibits in that 15CASE references documents that are in ADAMS. But, 16 instead of providing the document itself, CASE only 17 provides the ADAMS accession number.

18 A few of these exhibits have already been 19admitted as NRC or FPL exhibits. I'm going to go 20 through those to make it clear for the record.

21 INT-009 was also listed as NRC-009.

22 INT-014 was also listed as FPL-008.

23 INT-015 was also listed as NRC-022.

24 INT-033 was also exhibit listed as NRC-25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 249 020.1 INT-034 is a little more complicated.

2 This ML number actually pulls up a package of two 3documents. One is the same document as INT-033 which 4 is NRC-020 and the other is the biological assessment 5which is INT-048 which is also listed as NRC-010. So, 6 those are basically covered by other exhibits.

7 INT-035 is also NRC-018.

8 INT-045 is also NRC-036.

9 INT-048 is also NRC-010.

10 Now, the Board sees no reason to admit 11 duplicate exhibits and so we will disregard INT-009, 12 014, 015, 033, 034, 035, 045 and 048.

13 If CASE wishes to lodge an objection to 14 these exhibits not being admitted, please do so in 15 writing within two business days of this call.

16 However, there are three ADAMS documents, 17 INT-017, INT-028 and INT-039 where CASE did not 18 provide the actual document and there are not 19 duplicative of either an FPL exhibit or an NRC Staff 20 exhibit.21 The first is, let's take INT-039 first.

22 This is an Environmental Review guidance document for 23 licensing actions associated with the Office of 24 Nuclear Material Safety and Safeguards, or NMSS.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 250 Since this license amendment is not 1 associated with or regulated by NMSS, but rather is 2 regulated by the Office of Nuclear Reactor Regulation, 3 or NRR, the Board fails to see any possible relevance 4 of this document to this proceeding.

5 Therefore, the Board will not admit 039.

6 We do note, however, Mr. White, that the 7 staff has provided the Environmental Review Guidance 8 for NRR in NRC-027 and NRC-028.

9 Nevertheless, if CASE wishes to lodge an 10 objection to INT-039 not being admitted, please do so 11 in writing within two business days of this hearing, 12 of this Pre-Trial call.

13 The other two documents are INT-017 and 14INT-028. These appear to be relevant documents and 15 the Board's law clerks will provide the parties with 16 copies of documents at the end of this Pre-Trial 17 Conference.

18 We will make a decision on whether to 19 admit INT-017 and INT-028 no later than the start of 20 our hearing on Monday next week.

21 But, in the interim, the parties should 22 ensure that their witnesses will be prepared to 23 testify as to any issues addressed in these documents 24 relevant to this proceeding in the event they are 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 251 admitted.1 If FPL or the NRC staff wishes to lodge an 2 objection to either -- to the admission of either of 3 these two exhibits, please do so in writing within two 4 business days of your receipt of the copies that the 5 clerks will be sending you by email shortly.

6 Now, in addition to these INT exhibits, 7 INT-008, INT-010 and INT-011 are previous Board Orders 8 and filings from this proceeding.

9 The Board sees no reason to admit 10 pleadings 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 13 admitted, please do so in writing within two business 14 days of this hearing.

15 So, in summary, INT-000 to INT-006, INT-16 012, INT-013, INT-029, INT-030, INT-042, INT-043 and 17 INT-076 are admitted.

18 (Whereupon, the above-referred to 19 documents were received into evidence as Intervenor's 20 Exhibits INT-002 through INT-006.)

21 As for INT-017 and INT-028, the Board will 22 rule on whether to admit either or both no later than 23 the start of our hearing on Monday.

24 Now, did I miss any exhibits?

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 252 Okay, apparently not, so we will proceed 1 with the rest of the issues for Pre-Trial.

2 Consistent with our December 22 decision, 3 we previously ordered -- I want to make sure that you 4 all recognize when you do prepare any objections that 5 the reliability or hearsay nature of any evidence will 6 go not to its admissibility per se but to its 7 probative value. So, please consider that if you're 8 preparing any objections.

9 We anticipate also issuing an Order that 10 will memorialize the admission of all these exhibits 11 shortly and it'll probably be the second thing you get 12 after you get the other emails from the clerks about 13 the redline copies of the exhibits and the copies of 14 those three exhibits -- two exhibits that were 15 admitted or that you all should consider, INT-017 and 16 028.17 Okay, moving on to other Pre-Trial 18 matters, I want to explain our planned schedule for 19 the witnesses next week.

20 The Board will begin its questions with 21 Dr. Stoddard. We will ask the questions of him that 22 we deem important.

23 But once we have concluded our initial 24 examination of Dr. Stoddard, we will recess and we'll 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 253 afford the parties an opportunity to submit suggested 1 additional questions.

2 The Board will consider which, if any, of 3 these questions to ask and then Dr. Stoddard will be 4 excused for the remainder of the proceeding.

5 We expect to finish all questions we have 6 for him by 11:00 a.m. on Monday.

7 Thereafter, the Board will then empanel 8 FPL's three witnesses and the NRC staff's four 9 witnesses.

10 We would like all of these witnesses to be 11available for the entirety of the proceeding unless 12 FPL or the NRC staff inform me otherwise, I will 13 assume that all seven of these witnesses will be able 14 to attend the hearing all day on Monday, January 11 15 and on Tuesday, January 12.

16 Finally, and this probably goes more for 17 Mr. White than for the other two since he's not a 18 lawyer, I want to clarify that this evidentiary 19 hearing will be conducted very differently from the 20 oral argument that the Board held last January.

21 The purpose of this hearing is for the 22 Board to ask questions of the witnesses so that we can 23 have a clear record for our decision.

24 This is not the time for legal or policy 25 NEAL 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 1 determine the merits of the admitted contention.

2 Accordingly, the Board will spend most of 3 its time directing its questions to the witnesses and 4very little time talking to counsel or to, in this 5 case, CASE's representative, Mr. White.

6 But, before we end the hearing, we will 7 give the parties another chance to submit additional 8suggested questions for the witnesses. And, other 9 than, of course, Dr. Stoddard, and then we'll have to 10 have questions for as soon as he finishes talking.

11 And so, I would suggest that, as the Board 12 is interrogating these witnesses on Monday and 13 Tuesday, it would be a good idea for you to be jotting 14 down any possible questions as we go through the 15 hearing rather than trying to come up with them at the 16 end because we will not be affording you a whole lot 17 of time to put those together.

18 You need to basically have them ready by 19 the time we finish interrogating the witnesses.

20MR. HARRIS: Your Honor, this is Brian 21 Harris for the staff.

22 CHAIRMAN GIBSON: Yes, Mr. Harris?

23MR. HARRIS: Just as a point of 24 clarification, how do you expect the parties to be 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 255 submitting these proposed questions or, you know, 1 paper or through the EIE system or is there some other 2 method you're contemplating for the submission of 3 these 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 7 will have their email addresses shortly when they send 8 you this stuff out.

9 However, if it is not possible for you to 10 submit them by email, then you will just have them 11 written down on a piece of paper and we will accept 12 them that way.

13 Fair enough?

14 MR. HARRIS: Thank you, Your Honor.

15 CHAIRMAN GIBSON: Yes.

16 Mr. White, if you have any questions about 17 your role in this hearing, now would be a good time to 18 ask them. Do you understand what I just told you?

19MR. WHITE: Yes, sir, and it was quite 20 clear. Thank you.

21 CHAIRMAN GIBSON: Good.

22 Are there any further administrative 23 matters that we need to discuss?

24 Counsel for FPL?

25 NEAL 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 1 questions.

2 The initial scheduling order mentioned 3 that 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 7 discovery would continue until, you know, the formal 8 conclusion of the hearing following, you know, 9 transcript corrections and that kind of thing?

10 Or, what your expectation is for the end 11 of mandatory disclosures?

12CHAIRMAN GIBSON: Limited appearance 13statements could come in until the 15th. So, why 14 don't we have our disclosures go through that date?

15 Fair enough?

16 MR. HAMRICK: Okay, thank you.

17CHAIRMAN GIBSON: Yes. Is there anything 18 else?19MR. HAMRICK: It sounded like you were not 20 anticipating or requesting any opening or closing 21 statements of counsel or representatives as well.

22CHAIRMAN GIBSON: You know, we're 23definitely -- don't -- won't need any opening. I will 24 say this, it is possible we may want to have a 25 NEAL 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 1 be focused on perhaps a legal issue or an 2 environmental policy question that we may have 3involving the EA. I doubt it will have anything in 4 terms of the merits of the contention per se, the 5 factual merits of the contention per se.

6 But, it's possible, but I wouldn't spend 7 a lot of time preparing a lengthy opening or closing 8 because I'm sure it would be scintillating but there's 9 really not a whole lot to add to what the witnesses 10 are going to be saying at this point. I think we 11 understand the issues.

12 MR. HAMRICK: Thank you.

13 CHAIRMAN GIBSON: Very well.

14 Is there anything else?

15 FPL?16 MR. HAMRICK: Well, I don't know if this 17 is the right time or not, but I wanted to bring this 18 up to your attention that on the December 31st, the 19 Administrative Law Judge in the L31 Hearing in Florida 20 issued an Order following the hearing on that matter.

21 And, I plan to submit that to the Board 22today, but I just wanted to alert you to that 23 occurrence.

24 CHAIRMAN GIBSON: Very well, thank you.

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 258 Hold on just one second.

1 Okay, recognizing we don't have it in 2 front of us, what I would like you to do is to submit 3 that, if you could, as FPL-37 and, unless there's some 4 objection, that Administrative Order will be admitted 5 as FPL-37.

6 (Whereupon, the above-referred to document 7 was received into evidence as FPL-37.)

8 MR. HAMRICK: Okay, thank you.

9 CHAIRMAN GIBSON: Yes, and thank you for 10 bringing that to our attention, counsel, appreciate 11 that. Is there anything else from FPL?

12 MR. HAMRICK: Not at this time.

13CHAIRMAN GIBSON: NRC staff, is there 14 anything you need to raise with us?

15MR. HARRIS: Not at this time, Your Honor.

16CHAIRMAN GIBSON: Mr. White, is there 17 anything you need to raise with us?

18 MR. WHITE: No, sir.

19CHAIRMAN GIBSON: Okay, very well. Well, 20 we thank you so much for your time and we will see you 21all next week in Florida. Have a good week. Thank 22 you so much.

23 (Whereupon, the abo ve-entitled matter went 24 off the record at 10:31 a.m.)

25 NEAL 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.