[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47689-47693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19282]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-250 and 50-251; NRC-2014-0176]


Florida Power & Light Company; Turkey Point Nuclear Generating 
Units 3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment; issuance, opportunity to request a hearing, 
and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) approved a 
request by Florida Power & Light Company (the licensee) for amendments 
to Renewed Facility Operating License Nos. DPR-31 and DPR-41, issued to 
the licensee for operation of Turkey Point Nuclear Generating Units 3 
and 4 (Turkey Point), located in Miami-Dade County, Florida. The 
amendments revise the ultimate heat sink (UHS) water temperature limit 
in the Turkey Point Technical Specifications (TSs) from 100 to 104 
degrees Fahrenheit ([deg]F) and revise surveillance requirements for 
monitoring the UHS temperature and component cooling water (CCW) heat 
exchangers. The amendments also made editorial changes to the TSs. The 
Staff finds that the application for the license amendments complies 
with the requirements of the Atomic Energy Act of 1954, as amended, and 
the NRC's regulations.

DATES: A requests for a hearing or petition for leave to intervene must 
be filed by October 14, 2014.

ADDRESSES: Please refer to Docket ID NRC-2014-0176 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0176. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, the ADAMS accession numbers for each 
document referenced in this document (if that document is available in 
ADAMS) are provided in a table in the ``Availability of Documents'' 
section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Audrey Klett, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-0489, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC issued amendments to Renewed Facility Operating License 
Nos. DPR-31 and DPR-41, issued to Florida Power & Light Company, for 
operation of the Turkey Point Nuclear Generating Units 3 and 4, located 
in Miami-Dade County, Florida. The

[[Page 47690]]

amendments revise the UHS water temperature limit in the Turkey Point 
TSs from 100 to 104 [deg]F and revise surveillance requirements for 
monitoring the UHS temperature and CCW heat exchangers. The amendments 
also made editorial changes to the TSs. The Staff finds that the 
application for the license amendments complies with the requirements 
of the Atomic Energy Act of 1954, as amended, and the NRC's 
regulations. Copies of the Staff's evaluation may be obtained and 
examined at ADAMS Accession No. ML14199A107.
    In its letters dated July 10, and July 17, 2014, the licensee 
stated that the UHS temperature has approached the current TS limit of 
100 [deg]F. The licensee stated that the UHS temperature has been 
trending higher than historical averages in part because of reduced 
water levels caused by unseasonably dry weather and because of reduced 
cooling efficiency caused by an algae bloom of concentrations higher 
than previously observed. The licensee requested a timely review of its 
application to avoid a dual unit shutdown that could affect grid 
reliability. Therefore, the licensee requested that the NRC process the 
license amendment requests under emergency circumstances in accordance 
with Sec.  50.91(a)(5) of Title 10 of the Code of Federal Regulations 
(10 CFR). The Staff considered the circumstances (i.e. the dry weather, 
UHS temperature, algae concentration, and grid reliability) and found 
exigent circumstances exist, in that a licensee and the Commission must 
act quickly and that time does not permit the Commission to publish a 
Federal Register notice allowing 30 days for prior public comment. The 
Staff also determined that the amendment involves no significant 
hazards considerations. Accordingly, pursuant to 10 CFR 
50.91(a)(6)(i)(A), the Commission published a notice of an opportunity 
for hearing and notice for prior public comment on its proposed 
determination that no significant hazards consideration is involved; 
the notice was published in the Federal Register on July 30, 2014 (79 
FR 44214).
    The licensee's supplements dated July 22, July 24, July 26, and 
July 28, 2014, provided additional information that clarified the 
application, did not expand the scope of the application as originally 
noticed, and did not change the NRC staff's original proposed no 
significant hazards consideration determination as published in the 
Federal Register on July 30, 2014. However, on July 29, 2014, the 
licensee supplemented its amendment request with a proposed change that 
did increase the scope of the request and affected the proposed no 
significant hazards consideration published in the Federal Register on 
July 30, 2014. Therefore, after considering the continued exigent 
circumstances related to the dry weather, UHS temperature, algae 
concentration, and grid reliability, and pursuant to 10 CFR 
50.91(a)(6)(i)(B), the Staff used local media to provide reasonable 
notice to the public in the area surrounding the licensee's facility of 
the amendment request and the proposed determination that no 
significant hazards consideration is involved, and provided a shortened 
comment period. The licensee's supplement dated August 4, 2014, 
provided additional information that clarified the application, did not 
expand the scope of the application as noticed in the newspapers, and 
did not change the NRC staff's revised proposed no significant hazards 
consideration determination as published in the newspapers local to the 
Turkey Point site. No comments have been received.
    Because of the unpredictable nature of the dry weather, the UHS 
temperature, algae concentration, and grid reliability, the NRC 
determined that the exigent circumstances remain. Therefore, the NRC is 
issuing the amendments prior to the expiration of the superseded 14-day 
comment period published in the initial Federal Register notice (FRN) 
(79 FR 44214, July 30, 2014). No request for a hearing or petition for 
leave to intervene was filed based on the superseded FRN. To prevent 
any confusion about the time to request a hearing, which may have been 
caused by the original (superseded) FRN, the NRC is now resetting the 
period to request a hearing or petition for leave to intervene.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. A request for hearing or petition for 
leave to intervene must state: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions,

[[Page 47691]]

including the opportunity to present evidence and to submit a cross-
examination plan for cross-examination of witnesses, consistent with 
NRC regulations, policies, and procedures. The Atomic Safety and 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Hearing requests or petitions for leave to intervene must be filed 
no later than 60 days from the date of publication of this notice. 
Requests for hearing, petitions for leave to intervene, and motions for 
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including

[[Page 47692]]

information on local residence in order to demonstrate a proximity 
assertion of interest in the proceeding. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their submission.

IV. Availability of Documents

    The following table identifies the documents cited in this document 
and related to the issuance of the amendments. These documents are 
available for public inspection online through ADAMS at http://www.nrc.gov/reading-rm/adams.html or in person at the NRC's PDR as 
described previously.

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                   Document                       Adams  accession No.
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U.S. Nuclear Regulatory Commission:
    Turkey Point Nuclear Plant, Units 3 and    ML14199A107
     4--UHS Amendment. Dated August 8, 2014.
Florida Power & Light Company:
    License Amendment Request No. 231,         ML14196A006
     Application to Revise Technical
     Specifications to Revise Ultimate Heat
     Sink Temperature Limit. Dated July 10,
     2014.
Florida Power & Light Company:
    License Amendment Request No. 231,         ML14202A392
     Application to Revise Ultimate Heat Sink
     Temperature Limit--Request for Emergency
     Approval. Dated July 17, 2014.
Florida Power & Light Company:
    License Amendment Request No. 231,         ML14204A367
     Application to Revise Ultimate Heat Sink
     Temperature Limit--Supplement 1, and
     Response to Request for Additional
     Information. Dated July 22, 2014.
Florida Power & Light Company:
    Response to Request for Additional         ML14204A368
     Information Regarding License Amendment
     Request No. 231, Application to Revise
     Technical Specifications to Revise
     Ultimate Heat Sink Temperature Limit.
     Dated July 22, 2014.
Florida Power & Light Company:
    Response to Containment and Ventilation    ML14206A853
     Branch Request for Additional
     Information, Regarding License Amendment
     Request No. 231, Application to Revise
     Ultimate Heat Temperature Limit. Dated
     July 24, 2014.
Florida Power & Light Company:
    Response to Request for Additional         ML14210A374
     Information Regarding License Amendment
     Request No. 231, Application to Revise
     Technical Specifications to Revise
     Ultimate Heat Sink Temperature Limit.
     Dated July 26, 2014.
Florida Power & Light Company:
    Response to Request for Additional         ML14211A507
     Information Regarding License Amendment
     Request No. 231, Application to Revise
     Technical Specifications to Revise
     Ultimate Heat Sink Temperature Limit.
     Dated July 28, 2014.
Florida Power & Light Company:
    License Amendment Request No. 231,         ML14211A508
     Application to Revise Ultimate Heat Sink
     Temperature Limit--Supplement 2, and
     Response to Request for Additional
     Information (RAI-5 and BOP RAIs 5 and
     5.1) Dated July 29, 2014.
Florida Power & Light Company:
    Response to Containment and Ventilation    ML14217A341
     Branch Request for Additional
     Information (RAI-5), Regarding License
     Amendment Request No. 231, Application
     to Revise Ultimate Heat Sink Temperature
     Limit Dated August 4, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14203A614
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). [1 of 2] Dated July
     18, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14203A618
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). [2 of 2] Dated July
     18, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14203A620
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated July 21, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14204A814
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated July 22, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14208A010
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated July 25, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14208A011
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated July 26, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14216A072
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated July 28, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point 3 and 4 Request for           ML14217A004
     Additional Information--LAR231 (TAC
     MF4392 and MF4393). Dated August 3, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point Nuclear Generating Unit Nos.  ML14204A129 *
     3 and 4--Individual Notice of             ML14199A111 **
     Consideration of Issuance of Amendments
     to Renewed Facility Operating Licenses,
     Proposed No Significant Hazards
     Consideration Determination, and
     Opportunity for Hearing (Exigent
     Circumstances) (TAC Nos. MF4392 and
     MF4293). Dated July 24, 2014.
U.S. Nuclear Regulatory Commission:
    Public Notice NRC Staff Proposes to Amend  ML14211A266
     Renewed Facility Operating Licenses at
     the Turkey Point Nuclear Generating Unit
     Nos. 3 and 4. Dated July 31, 2014.
U.S. Nuclear Regulatory Commission:
    Turkey Point, Units 3 and 4,               ML14209A031 *
     Environmental Assessment and Finding of   ML14205A548 **
     No Significant Impact Related to the
     Ultimate Heat Sink Temperature Limit
     (TAC NOS. MF4392 and MF4393). Dated July
     28, 2014.
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* Letter.
** Enclosure.



[[Page 47693]]

    Dated at Rockville, Maryland, this 8th day of August 2014.

    For the Nuclear Regulatory Commission.
Lisa M. Regner,
Acting Chief, Plant Licensing Branch II-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2014-19282 Filed 8-13-14; 8:45 am]
BILLING CODE 7590-01-P