ML24254A012

Office of Nuclear Reactor Regulation Notification of Significant Licensing Action

ML24254A012
Person / Time
Site:	Turkey Point
Issue date:	09/10/2024
From:	NRC/OGC
To:	NRC/OCM
SECY RAS
References
ASLBP 24-981-01-SLR-BD01, RAS 57100, 50-250-SLR-2, 50-251-SLR-2
Download: ML24254A012 (0)

Text

September 9, 2024 OFFICE OF NUCLEAR REACTOR REGULATION NOTIFICATION OF SIGNIFICANT LICENSING ACTION LICENSEE:

Florida Power & Light Company Turkey Point Nuclear Generating Unit Nos. 3 and 4 License Nos. DPR-31 and DPR-41 Docket Nos. 50-250 and 50-251

SUBJECT:

TURKEY POINT NUCLEAR GENERATING UNIT NOS. 3 AND 4 COMPLETION OF SUBSEQUENT LICENSE RENEWAL SITE-SPECIFIC ENVIRONMENTAL REVIEW AND MODIFICATION OF SUBSEQUENT RENEWED FACILITY OPERATING LICENSE NOS. DPR-31 AND DPR-41 IN ACCORDANCE WITH COMMISSION MEMORANDUM AND ORDER CLI-22-02 (EPID L-2022-SLE-0002)

This notification is to inform the Commission that as directed by CLI-22-02, CLI-22-03, and CLI-22-06, the U.S. Nuclear Regulatory Commission (NRC) staff has completed the environmental review of the subsequent license renewal (SLR) application for Turkey Point Nuclear Generating Unit Nos. 3 and 4 (Turkey Point, Turkey Point Units 3 and 4). Specifically, the staff has supplemented the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Second Renewal, Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4 (NUREG-1437), Final Report, dated October 31, 2019 (Agencywide Documents Access and Management System Accession No. ML19290H346) (2019 FSEIS), with the Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5a, Second Renewal, Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4 (NUREG-1437), Final Report, dated March 2024 (ML24087A061) (site-specific EIS). Accordingly, on or about September 17, 2024, the staff will modify the expiration dates of Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41 for Turkey Point Units 3 and 4 to July 19, 2052, and April 10, 2053, respectively.

The background regarding this NRC staff action is as follows. By letter dated December 4, 2019 (ML19305C879), the NRC issued Subsequent Renewed Facility Operating License Nos.

DPR-31 and DPR-41 to Florida Power & Light Company (FPL) for Turkey Point Units 3 and 4, with the expiration dates of July 19, 2052, and April 10, 2053, respectively. The results of the NRCs environmental review related to the issuance of those licenses were summarized in a Record of Decision (ML19309F859) and were detailed in the 2019 FSEIS.

CONTACT:

Jessica Hammock, NRR/DNRL (301) 415-0740 On February 24, 2022, the Commission issued CLI-22-02 (ML22055A496) and CLI-22-03 (ML22055A527). In CLI-22-02, the Commission concluded that NUREG-1437, Revision 1, Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Final Report (LR GEIS), on which the NRC staff had relied, in part, to meet its obligations under Title 10 of the Code of Federal Regulations (10 CFR) Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, and the National Environmental Policy Act of 1969, as amended (NEPA), for its environmental review of the SLR application for Turkey Point, did not consider SLR. Therefore, the Commission determined that the staffs environmental review of the Turkey Point SLR application was inadequate. Accordingly, the Commission directed the staff to leave the Turkey Point subsequent renewed facility operating licenses in place but to modify their expiration dates to reflect the expiration dates of the initial renewed facility operating licenses (i.e., July 19, 2032, for Turkey Point Unit 3 and April 10, 2033, for Turkey Point Unit 4), which the staff did by letter dated March 25, 2022 (ML22073A122). The Commission affirmed this direction in CLI-22-06 (ML22154A215).

In CLI-22-03, the Commission explained that affected SLR applicants could submit a revised environmental report (ER) providing additional information about environmental impacts during the SLR period, in which they evaluate, on a site-specific basis, the environmental impacts that were dispositioned in Table B-1 in Appendix B to Subpart A of 10 CFR Part 51 and the LR GEIS as Category 1 issues (i.e., issues generic to all or a distinct subset of nuclear power plants). For SLR applicants that chose to provide such information, the NRC staff was directed to address the environmental impacts of these issues in site-specific environmental impact statements.

Consistent with CLI-22-03, by Subsequent License Renewal Application - Appendix E Environmental Report Supplement 2|letter dated June 9, 2022]] (ML22160A301), FPL submitted ER, Supplement 2, which provided a site-specific analysis of the environmental impacts of the continued operation of Turkey Point during the SLR period. That analysis supplemented the ER and ER Supplement 1 that were included as part of FPLs SLR application and addressed, on a site-specific basis, each environmental issue that was previously dispositioned as a Category 1 issue in the ER and ER Supplement 1.

The NRC staff completed its review of ER Supplement 2 and documented its findings in the site-specific EIS. As discussed in Chapter 3 of the site-specific EIS, that EIS, together with the 2019 FSEIS, contains the staffs environmental review of the SLR application for Turkey Point.

The site-specific EIS supplemented the 2019 FSEIS evaluation of the environmental issues that were dispositioned as Category 1 issues in the 2019 FSEIS. Through the consideration of any significant new information, the site-specific EIS also updated the 2019 FSEIS evaluation of the environmental issues that were dispositioned as Category 2 issues (i.e., issues specific to individual nuclear power plants) in the 2019 FSEIS. Together, the site-specific EIS and the 2019 FSEIS evaluated, on a site-specific basis, all of the environmental impacts of continued operation during the SLR term of Turkey Point Unit 3 from July 19, 2032, to July 19, 2052, and Turkey Point Unit 4 from April 10, 2033, to April 10, 2053.

The NRC staffs recommendation resulting from its comprehensive environmental review documented in the 2019 FSEIS, as supplemented by the site-specific EIS, is that the adverse environmental impacts of SLR for Turkey Point for an additional 20 years beyond the expiration dates of the initial renewed facility operating licenses are not so great that preserving the option of SLR for energy-planning decision-makers would be unreasonable. This recommendation is based on: (1) FPLs environmental report, as supplemented; (2) the NRC staffs consultations with Federal, State, Tribal, and local government agencies; (3) the NRC staffs independent environmental review, which is documented in the site-specific EIS and the 2019 FSEIS; and (4) the NRC staffs consideration of public comments. As stated in CLI-22-06, the Commissions ruling in CLI-22-02 did not disturb the safety review and neither did the site-specific EIS.

As also required by CLI-22-03, after the completion of the draft of the site-specific EIS, the NRC staff issued a new notice of opportunity for hearing limited to contentions based on new information in the site-specific EIS. In response, Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper requested a hearing on five proposed contentions. On August 27, 2024, the Atomic Safety and Licensing Board issued a memorandum and order terminating that proceeding. This Board decision can be appealed to the Commission within 25 days of its issuance and any such appeal will not be completed prior to the staffs modification of the expiration dates of the Turkey Point licenses. Additionally, the staff solicited public comments on the draft of the site-specific EIS through notice in the Federal Register and through two public meetings, which were transcribed (88 FR 62110). Comments were received at the public meetings, from letters and emails, and through Regulations.gov. The staff responses to all comments are provided in Appendix A to the final site-specific EIS.

Pursuant to 10 CFR 51.102, Requirement to provide a record of decision; preparation, and 10 CFR 51.103, Record of decisiongeneral, the NRC staff is preparing a new record of decision related to the environmental review of the Turkey Point SLR application, as supplemented. The record of decision will consider information available since the issuance of the final site-specific EIS, as well as comments on the final site-specific EIS by the U.S.

Environmental Protection Agency. The record of decision will be issued along with the issuance of the modified pages of the Turkey Point licenses.

In sum, the NRC staff has completed all of the environmental review requirements related to the Turkey Point SLR application. Therefore, the staff will modify the expiration dates of Subsequent Renewed Facility Operating License Nos. DPR-31 and DPR-41 for Turkey Point Units 3 and 4 to July 19, 2052, and April 10, 2053, respectively.

NOTE: Information to be added after the modified license pages are issued.

Date modified license pages issued:

Date received by licensee:

Date the parties to the proceeding were notified:

ML24158A008 OFFICE PM: DNRL: NLRP LA: DNRL: NLRP BC: NMSS: REFS BC: NMSS: REFS NAME JHammock KBratcher LRakovan SKoenick DATE 08/19/2024 08/28/2024 08/28/2024 08/29/2024 OFFICE BC: DNRL: NLRP OGC-NLO D: DNRL OD: NRR NAME LGibson JWachutka MSampson AVeil DATE 09/03/2024 08/30/2024 09/03/2024 09/04/2024 OFFICE EDO NAME RFurstenau for MGavrilas DATE 09/09/2024