ML14335A434

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Notice and Order (Scheduling Oral Argument)
ML14335A434
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 12/01/2014
From: Gibson M M
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 26964
Download: ML14335A434 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Michael M. Gibson, Chairman Dr. Michael F. Kennedy Dr. William W. Sager In the Matter of FLORIDA POWER & LIGHT COMPANY

(Turkey Point Nuclear Generating, Units 3 and 4)

Docket Nos. 50-250-LA and 50-251-LA ASLBP No. 15-935-02-LA-BD01

December 1, 2014 NOTICE AND ORDER (Scheduling Oral Argument)

On October 14, 2014, petitioner Citizens Allied for Safe Energy, Inc. (CASE) filed a petition requesting a hearing on license amendments issued to the Florida Power & Light Company's (FPL) Turkey Point Nuclear Generating Units 3 and 4 that increased the ultimate heat sink water temperature limit for the plant's cooling canal system (CCS).

1 CASE's petition includes four proposed contentions, which read as follows: Contention 1 - The uprate of Turkey Point reactors 3 & 4 has been concurrent with alarming increases in salinity, temperature, tritium and chloride in the CCS

area.

Contention 2 - The exigent CCS problems started years before July, 2014 and were being addressed in 2013 and earlier.

Contention 3 - The measures being used to control the CCS conditions are extraordinarily invasive, environmentally usurious and some untested.

Contention 4 - The CCS is aging, old technology and FPL has no redundancy for Units 3 & 4 limiting corrective actions.

2 1 Citizens Allied for Safe Energy, Inc. Petition to Intervene and Request for a Hearing (Oct. 14, 2014). 2 Id. at 5. On November 10, 2014, the NRC Staff and FPL filed answers arguing that CASE fails to meet the NRC's standing and contention admissibility requirements.

3 On November 17, 2014, CASE submitted a consolidated reply to the NRC Staff and FPL answers.

4 The Board hereby schedules an oral argument on standing and contention admissibility to be held on January 14, 2015, at the Hampton Inn and Suites, 2855 NE 9th Street, Homestead, FL 33033, in the Reef Room. The argument will commence at 9:00 AM EST. The Board anticipates that the argument will be completed by 5:00 PM EST on January 14. Only authorized representatives or counsel for CASE, FPL, and the NRC Staff who have entered written notice of appearance pursuant to 10 C.F.R. § 2.314(b) will be entitled to participate. The sole purpose of the oral argument is to enable the Board to obtain the necessary factual and legal information to determine whether CASE has standing and whether its proffered contentions are admissible. Participants should be prepared to answer the Board's questions concerning all factual and legal issues raised in the pleadings. While this oral argument will be open to the public, no witnesses, other representatives of the parties, or members of the public will be heard during the argument. It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD

_________________________

Michael M. Gibson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 1, 2014 3 NRC Staff's Answer to Citizens Allied for Safe Energy, Inc.'s Petition for Leave to Intervene and Request for Hearing (Nov. 10, 2014); FPL's Answer to Citizens Allied for Safe Energy, Inc.'s Petition to Intervene and Request for a Hearing (Nov. 10, 2014);

4 Citizens Allied for Safe Energy, Inc.'s Reply to FPL and to NRC Staff Answers to Its Petition to Intervene and Request for a Hearing (Nov. 17, 2014).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 and 50-251-LA

) ) (Turkey Point Nuclear Generating )

Units 3 & 4)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE AND ORDER (Scheduling Oral Argument) have been served upon the following persons by Electronic Information Exchange or via electronic mail as indicated by an asterisk.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board

Mail Stop: T-3 F23 Washington, DC 20555-0001 Michael M. Gibson, Chair

Administrative Judge

E-mail: michael.gibson@nrc.gov Dr. Michael F. Kennedy Administrative Judge

E-mail: michael.kennedy@nrc.gov Dr. William W. Sager

Administrative Judge E-mail: william.sager@nrc.gov Matthew Zogby, Law Clerk

E-mail: matthew.zogby@nrc.gov

U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication

Mail Stop: O-7H4 Washington, DC 20555-0001 ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission

Mail Stop: O-16C1 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001

Brian Harris, Esq.

David Roth, Esq.

Edward Williamson, Esq.

Christina England, Esq. John Tibbetts, Paralegal E-mail: brian.harris@nrc.gov david.roth@nrc.gov edward.williamson@nrc.gov christina.england@nrc.gov john.tibbetts@nrc.gov

Turkey Point, Units 3 & 4, Docket Nos. 50-250 and 50-251-LA NOTICE AND ORDER (Scheduling Oral Argument) 2 Florida Power & Light Company 700 Universe Blvd.

Juno Beach, Florida 33408 Nextera Energy Resources William Blair, Esq.

E-mail: william.blair@fpl.com Florida Power & Light Company 801 Pennsylvania Ave. NW Suite 220 Washington, DC 20004 Steven C. Hamrick, Esq.

E-mail: steven.hamrick@fpl.com

Citizens Allied for Safe Energy, Inc. (CASE)* 10001 SW 129 Terrace

Miami, FL 33176

Barry J. White

E-mail: bwtamia@bellsouth.net

[Original signed by Herald M. Speiser ] Office of the Secretary of the Commission

Dated at Rockville, Maryland, this 1 st day of December, 2014