[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16241-16242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06502]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040-COL and 52-041-COL; ASLBP No. 10-903-02-COL-BD01]


Atomic Safety and Licensing Board; Notice of Hearing

 March 28, 2017.

Before Administrative Judges: E. Roy Hawkens, Chairman, Dr. Michael 
F. Kennedy, Dr. William C. Burnett.
In the Matter of FLORIDA POWER & LIGHT COMPANY (Turkey Point Units 6 
and 7)

    Pursuant to 10 CFR 2.312, this Atomic Safety and Licensing Board 
gives notice that it will convene an evidentiary hearing with regard to 
a challenge by Mark Oncavage, Dan Kipnis, Southern Alliance for Clean 
Energy, and National Parks Conservation Association (Joint Intervenors) 
to an application by Florida Power & Light Company (FPL) to construct 
and operate two new nuclear power reactors, Units 6 and 7, at the FPL 
Turkey Point facility near Homestead, Florida.\1\
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    \1\ See LBP-16-03, 83 NRC 169, 186 (2016); LBP-11-06, 73 NRC 
149, 251 (2011).
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A. Date, Time, and Location of Evidentiary Hearing

    The Board will convene the evidentiary hearing on Tuesday, May 2, 
2017 at 9:30 a.m. EDT, in the Council Chambers of the Homestead City 
Hall. The City Hall is located at 100 Civic Court, Homestead, Florida 
33033. If the evidentiary hearing lasts longer than one day, we will 
adjourn on Tuesday afternoon and will reconvene and continue at 9:30 
a.m. EDT on Wednesday, May 3, 2017. We anticipate that the evidentiary 
hearing will not take more than two days.
    The evidentiary hearing will be held under the authority of the 
Atomic Energy Act, 42 U.S.C. 2231, 2239, and 2241. It will be conducted 
pursuant to the NRC hearing procedures set forth in 10 CFR part 2, 
subpart L, 10 CFR 2.1200-2.1213.
    Members of the public and media are welcome to attend and observe 
the evidentiary hearing.\2\ Actual participation in the hearing will be 
limited to the parties, interested local governmental bodies, and their 
lawyers and witnesses.\3\ Please be aware that security measures may be 
employed at the entrance to the facility, including searches of hand-
carried items such as briefcases or backpacks. No signs will be 
permitted in the Council Chambers.
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    \2\ The Council Chambers of the Homestead City Hall can 
accommodate approximately 100 attendees in the audience.
    \3\ The parties consist of (1) Joint Intervenors; (2) FPL; and 
(3) the NRC Staff. The interested local governmental bodies in this 
proceeding are (1) the Village of Pinecrest, Florida; and (2) the 
City of Miami, Florida. See LBP-15-19, 81 NRC 815, 828 (2015); LBP-
11-06, 73 NRC at 251.

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[[Page 16242]]

B. Matters To Be Considered

    Joint Intervenors advance the following challenge (i.e., Contention 
2.1) that will be litigated during the May 2, 2017 evidentiary hearing:

    The [Final Environmental Impact Statement (FEIS)] is deficient 
in concluding that the environmental impacts from FPL's proposed 
deep injection wells will be ``small.'' The chemical concentrations 
of ethylbenzene, heptachlor, tetrachloroethylene, and toluene in the 
wastewater injections, see FEIS Table 3-5, may adversely impact the 
groundwater should they migrate from the Boulder Zone to the Upper 
Floridan Aquifer.\4\
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    \4\ See LBP-16-03, 83 NRC at 186. In LBP-16-03, we formulated 
Contention 2.1 as a challenge to the Draft EIS. When the NRC Staff 
issued the FEIS in October 2016, Contention 2.1 automatically 
converted to a challenge to the FEIS.
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C. Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person (other than a party or 
the representative of a party to this proceeding) may submit a written 
statement, known as a written limited appearance statement, setting 
forth a position on matters of concern related to this proceeding. 
Although these statements are not considered testimony or evidence in 
this proceeding, they nonetheless may assist this Licensing Board or 
the parties in considering the matters at issue. Anyone who submits a 
written limited appearance statement should be aware that the 
jurisdiction of this Licensing Board and the scope of this proceeding 
are limited solely to the specific matters described in Contention 2.1.
    Written limited appearance statements may be submitted at any time, 
and should be sent by mail, fax, or email to the Office of the 
Secretary and also to the Chairman of this Licensing Board:

Office of the Secretary

    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966).
    Email: [email protected].

Chairman of the Licensing Board

    Mail: Chief Administrative Judge E. Roy Hawkens, c/o Jennifer Scro 
& Kimberly Hsu, Board Law Clerks, Atomic Safety and Licensing Board 
Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-4128).
    Email: [email protected] & [email protected].

D. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding (including any updated or 
revised scheduling information regarding the evidentiary hearing) are 
available for public inspection electronically on the NRC's Electronic 
Hearing Docket (EHD). EHD is accessible from the NRC Web site at 
https://adams.nrc.gov/ehd. For additional information regarding the EHD 
please see http://www.nrc.gov/about-nrc/regulatory/adjudicatory.html#ehd. Persons who do not have access to the internet 
or who encounter problems in accessing the documents located on the 
NRC's Web site may contact the NRC Public Document Room reference staff 
by email to [email protected] or by telephone at (800) 397-4209 or (301) 415-
4737. Reference staff are available Monday through Friday between 8:00 
a.m. and 4:00 p.m. ET, except federal holidays. For additional 
information regarding the NRC Public Document Room please see http://www.nrc.gov/reading-rm/pdr.html.

    It is so ordered.
    For The Atomic Safety and Licensing Board. Rockville, Maryland.

    Dated: March 28, 2017.
E. Roy Hawkens,
Chairman, Administrative Judge.
[FR Doc. 2017-06502 Filed 3-31-17; 8:45 am]
 BILLING CODE 7590-01-P