[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89995-89997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29777]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040 and 52-041; NRC-2009-0337]


Florida Power and Light Company; Turkey Point, Units 6 and 7

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license application; hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will convene an 
evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding the application of 
Florida Power and Light Company (FPL) for combined licenses (COLs) to 
construct and operate two additional units (Units 6 and 7) at the 
Turkey Point site in Miami-Dade County, Florida. This mandatory hearing 
will concern safety and environmental matters relating to the requested 
COLs.

DATES: The hearing will be held on February 9, 2017, beginning at 9:00 
a.m. Eastern Standard Time. For the schedule for submitting pre-filed 
documents and deadlines affecting Interested Government Participants, 
see

[[Page 89996]]

Section V of the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Please refer to Docket ID 52-040 and 52-041 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: NRC's Electronic Hearing Docket: 
You may obtain publicly available documents related to this hearing 
online at http://www.nrc.gov/about-nrc/regulatory/adjudicatory.html.
     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]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is referenced.
     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: Denise McGovern, Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-0681; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission hereby gives notice that, pursuant to Section 189a 
of the Atomic Energy Act of 1954, as amended (the Act), it will convene 
an evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding FPL's June 30, 2009, 
application for COLs under part 52 of title 10 of the Code of Federal 
Regulations (10 CFR), to construct and operate two additional units 
(Units 6 and 7) at the Turkey Point site in Miami-Dade County, Florida 
(http://www.nrc.gov/reactors/new-reactors/col/turkey-point.html). This 
mandatory hearing will concern safety and environmental matters 
relating to the requested COLs, as more fully described below. 
Participants in the hearing are not to address any contested issues in 
their written filings or oral presentations.

II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m. 
Eastern Standard Time on February 9, 2017, at the U.S. Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852. The hearing on these issues will continue on 
subsequent days, if necessary.

III. Presiding Officer

    The Commission is the presiding officer for this proceeding.

IV. Matters To Be Considered

    The matter at issue in this proceeding is whether the review of the 
application by the Commission's staff has been adequate to support the 
findings found in 10 CFR 52.97 and 10 CFR 51.107. Those findings that 
must be made for each COL are as follows:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended

    The Commission will determine whether (1) the applicable standards 
and requirements of the Act and the Commission's regulations have been 
met; (2) any required notifications to other agencies or bodies have 
been duly made; (3) there is reasonable assurance that the facility 
will be constructed and will operate in conformity with the license, 
the provisions of the Act, and the Commission's regulations; (4) the 
applicant is technically and financially qualified to engage in the 
activities authorized; and (5) issuance of the license will not be 
inimical to the common defense and security or the health and safety of 
the public.

Issues Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as Amended

    The Commission will (1) determine whether the requirements of 
Sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations 
in 10 CFR part 51 have been met; (2) independently consider the final 
balance among conflicting factors contained in the record of the 
proceeding with a view to determining the appropriate action to be 
taken; (3) determine, after weighing the environmental, economic, 
technical, and other benefits against environmental and other costs, 
and considering reasonable alternatives, whether the combined licenses 
should be issued, denied, or appropriately conditioned to protect 
environmental values; and (4) determine whether the NEPA review 
conducted by the NRC staff has been adequate.

V. Schedule for Submittal of Pre-Filed Documents

    No later than January 19, 2017, unless the Commission directs 
otherwise, the NRC staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than January 19, 2017, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The NRC staff previously submitted its testimony on December 2, 2016.
    The Commission may issue written questions to the applicant or the 
NRC staff before the hearing. If such questions are issued, an order 
containing such questions will be issued no later than January 6, 2017. 
Responses to such questions are due January 19, 2017, unless the 
Commission directs otherwise.

VI. Interested Government Participants

    No later than January 4, 2017, any interested State, local 
government body, or affected, Federally-recognized Indian Tribe may 
file with the Commission a statement of any issues or questions to 
which the State, local government body, or Indian Tribe wishes the 
Commission to give particular attention as part of the uncontested 
hearing process. Such statement may be accompanied by any supporting 
documentation that the State, local government body, or Indian Tribe 
sees fit to provide. Any statements and supporting documentation (if 
any) received by the Commission using the agency's E-filing system \1\ 
by the deadline indicated above will be made part of the record of the 
proceeding. The Commission will use such statements and documents as 
appropriate to inform its pre-hearing questions to the NRC staff and 
applicant, its inquiries at the oral hearing and its decision following 
the hearing. The Commission may also request, prior to January 26, 
2017, that one or more particular States, local government bodies, or 
Indian Tribes send one representative each to the evidentiary hearing 
to answer Commission questions and/or make a

[[Page 89997]]

statement for the purpose of assisting the Commission's exploration of 
one or more of the issues raised by the State, local government body, 
or Indian Tribe in the pre-hearing filings described above. The 
decision of whether to request the presence of a representative of a 
State, local government body, or Indian Tribe at the evidentiary 
hearing to make a statement and/or answer Commission questions is 
solely at the Commission's discretion. The Commission's request will 
specify the issue or issues that the representative should be prepared 
to address.
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    \1\ The process for accessing and using the agency's E-filing 
system is described in the June 18, 2010, notice of hearing that was 
issued by the Commission for this proceeding. See Florida Power and 
Light Company; Combined License Application for the Turkey Point 
Units 6 and 7; Notice of Hearing, Opportunity To Petition for Leave 
To Intervene and Associated Order Imposing Procedures for Access to 
Sensitive Unclassified Non-Safeguards Information and Safeguards 
Information for Contention Preparation (75 FR 34777). Participants 
who are unable to use the electronic information exchange (EIE), or 
who will have difficulty complying with EIE requirements in the time 
frame provided for submission of written statements, may provide 
their statements by electronic mail to [email protected].
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    States, local governments, or Indian Tribes should be aware that 
this evidentiary hearing is separate and distinct from the NRC's 
contested hearing process. Issues within the scope of contentions that 
have been admitted or contested issues pending before the Atomic Safety 
and Licensing Board or the Commission in a contested proceeding for a 
COL application are outside the scope of the uncontested proceeding for 
that COL application. In addition, although States, local governments, 
or Indian Tribes participating as described above may take any position 
they wish, or no position at all, with respect to issues regarding the 
COL application or the NRC staff's associated environmental review that 
do fall within the scope of the uncontested proceeding (i.e., issues 
that are not within the scope of admitted contentions or pending 
contested issues), they should be aware that many of the procedures and 
rights applicable to the NRC's contested hearing process due to the 
inherently adversarial nature of such proceedings are not available 
with respect to this uncontested hearing. Participation in the NRC's 
contested hearing process is governed by 10 CFR 2.309 (for persons or 
entities, including States, local governments, or Indian Tribes, 
seeking to file contentions of their own) and 10 CFR 2.315(c) (for 
interested States, local governments, and Indian Tribes seeking to 
participate with respect to contentions filed by others). Participation 
in this uncontested hearing does not affect the right of a State, local 
government, or Indian Tribe to participate in the separate contested 
hearing process.

    Dated at Rockville, Maryland, this 7th day of December, 2016.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2016-29777 Filed 12-12-16; 8:45 am]
 BILLING CODE 7590-01-P