[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Page 27297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12358]
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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board
[Docket Nos. 52-040-COL and 52-041-COL; ASLBP No. 10-903-02-COL-BD01]
In the Matter of Florida Power & Light Company (Turkey Point
Units 6 and 7)
June 8, 2017.
Before Administrative Judges: E. Roy Hawkens, Chairman, Dr. Michael
F. Kennedy, Dr. William C. Burnett
Notice and Order
(Scheduling and Providing Instructions for Oral Argument)
Pending before this Licensing Board is a request for a hearing and
petition to intervene submitted on April 18, 2017 by the City of Miami,
the Village of Pinecrest, and the City of South Miami (Petitioners).\1\
Petitioners' proffered contention alleges that:
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\1\ See Petition for Leave to Intervene in a Hearing on [FPL's]
Combined Construction and Operating License Application for Turkey
Point Units 6 & 7 and File a New Contention (Apr. 18, 2017)
[hereinafter Petition].
The [Final Safety Evaluation Report (FSER)] is deficient in
concluding that [Florida Power & Light Company (FPL)] has
demonstrated that it possesses or has reasonable assurance of
obtaining the funds necessary to cover estimated construction costs
and related fuel cycle costs and FPL has failed to indicate
source(s) of funds to cover these costs.\2\
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\2\ Petition at 7.
After reviewing the petition and the subsequently filed related
pleadings,\3\ the Board has determined that oral argument will assist
it in resolving the issues presented. The Board will hold a telephonic
oral argument concerning contention admissibility on Tuesday, June 20,
2017, at 2:00 p.m. EDT.
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\3\ See NRC Staff's Response to New Arguments Raised in
Petitioners' Reply (June 1, 2017); Petitioners' Reply to NRC Staff
and FPL's Answers to Petition for Leave to Intervene in a Hearing on
[FPL's] Combined Construction and Operating License Application for
Turkey Point Units 6 & 7 and File a New Contention (May 22, 2017);
NRC Staff Answer to Petition for Leave to Intervene and [File] New
Contention (May 15, 2017); [FPL's] Answer Opposing [Petitioners']
Petition to Intervene and Request for Hearing Regarding the Combined
Construction and Operating License Application for Turkey Point
Units 6 & 7 (May 15, 2017).
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The Board will hear argument from counsel for the parties in the
following order: (1) Petitioners; (2) FPL; and (3) the NRC Staff.
Petitioners will have 60 minutes of argument time, and they may reserve
up to 20 minutes of that time for rebuttal. FPL and the NRC Staff will
each have 30 minutes of argument time.
The following list includes topics the parties should address
during oral argument. This list is not intended to be exclusive.
Whether Westinghouse's bankruptcy filing, the resulting
alleged termination of its Reservation Agreement with FPL, or the
lack of a construction agreement between Westinghouse and FPL raise
a genuine dispute on a material issue of law or fact with FPL's
application for a combined license
Whether FPL's ability to recover costs is material to the
NRC Staff's determination of FPL's financial qualifications
Whether Westinghouse's bankruptcy raises a genuine dispute
on a material issue if FPL's ability to recover costs is not
material to the NRC Staff's determination of FPL's financial
qualifications
The extent of the NRC Staff's review of an applicant's
financial qualifications and the degree to which an applicant must
be financially qualified to engage in construction of new nuclear
units
The feasibility of the Turkey Point project following
Westinghouse's bankruptcy
The effect on the petition of FPL's May 1 filing to the
Florida Public Service Commission to request a deferral of nuclear
cost recovery
The effect on the petition of FPL's May 1 representation to
the Florida Public Service Commission that the Turkey Point project
is on a ``pause''
On or before Friday, June 16, parties shall provide by email to the
Board and the service list the name of the attorney who will present
oral argument. The Board's law clerk, Kimberly Hsu, will provide the
dial-in number and passcode to be used by counsel for the oral
argument. No witnesses, other representatives of the parties, or
members of the public will be heard during the argument. However,
individuals who wish to hear the oral argument live on the listen-only
telephone line may do so, and should contact Ms. Hsu at
[email protected] or (301) 415-5939 for the dial-in number and
passcode.
It is so ordered.
Rockville, Maryland.
Dated: June 8, 2017.
For the Atomic Safety and Licensing Board.
E. Roy Hawkens,
Chairman, Administrative Judge.
[FR Doc. 2017-12358 Filed 6-13-17; 8:45 am]
BILLING CODE 7590-01-P