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Item O2BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District 1 „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: 0.2 Agenda Item Summary #3276 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 n/a AGENDA ITEM WORDING: Discussion and direction on submission of comments to the Nuclear Regulatory Commission regarding Florida Power and Light's application for combined licenses to authorize construction and operation of two new nuclear plants at Turkey Point (Units 6 and 7). ITEM BACKGROUND: In Jun. 2009, FPL submitted an application for a combined license ( "COL ") to authorize construction of two new pressurized water nuclear reactors to be located next to Units 1 through 5. The proposed units are referred to as Units 6 and 7, which are located in southeast Miami -Dade County, in close proximity to the northeastern most point in Monroe County. The Nuclear Regulatory Commission (NRC) is convening an evidentiary hearing on October 5, 2017, associated with the application for combined licenses for Units 6 and 7. This hearing had previously been scheduled for February 9, 2017. The NRC's procedures allow for an interested governmental unit to file a written statement regarding any issues or questions that it wants the NRC to consider as part of the mandatory hearing that is scheduled for October 5, 2017. The deadline for submitting that written statement is August 30, 2017. Direction is needed on whether the BOCC wants to file a statement or not. If the BOCC wants to file a statement, direction is needed on what issues the BOCC wants to assert. The Florida Keys Aqueduct Authority has filed a position statement. The NRC proceeding regarding licensing for the new plants (Units 6 & 7) is limited in scope to issues associated with construction of the new plants, not problems associated with the existing plants. The BOCC has not yet taken a position on the proposed construction of the new plants (Units 6 & 7). The BOCC did adopt Resolution 87 -2016 in support of the remedial measures imposed by Miami -Dade County's Division of Environmental Resources Management (DERM) regarding the saltwater plume emanating from the cooling canals serving Units 1 through 5. The BOCC also adopted Resolution 43 -2017 which asked FPL to discontinue use of the cooling canal system serving Units 1 through 5 as soon as possible. Strictly speaking, those issues will not impact the criteria the NRC will consider when considering FPL's application for a COL. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: n/a DOCUMENTATION: NRC Letter Notice of Hearing 5 October 2017 FKAA Written Statement December 29 2016 Resolution 87 2016 Resolution 43 -2017 FINANCIAL IMPACT: Effective Date: n/a Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: n/a h]X TA1 IH11." Bob Shillinger Completed 08/08/2017 1:23 PM Bob Shillinger Completed 08/08/2017 1:23 PM Budget and Finance Skipped 08/08/2017 1:22 PM Maria Slavik Skipped 08/08/2017 1:22 PM Kathy Peters Completed 08/08/2017 2:32 PM Board of County Commissioners Pending 08/16/2017 9:00 AM July 21, 2017 Mr. Doug White Bureau of Emergency Response 3900 Commonwealth Boulevard Mail! Station 659 Tallahassee, Florida 32399i-2400 Dear Mr. White I am writing to provide you information about an upcoming Commission proceeding that may be of interest. The Commission is convening an evidentiary hearing on October 5. 2017, associated with the application for combined licenses to authorize construction and operation of two new nuclear plants, Turkey Point Units 6 and 7, in southeast Miami -Dade County. This hearing had previously been scheduled for February 9, 2017, Enclosed is a Notice of Hearing regarding the mandatory hearing that has been sent to the Office of the Federal Register for publication, The Commission's procedures allow any interested State, local government body, or Federally- recognized Indian Tribe to file with the Commission a statement of any issues or questions that the State, local government body, or Indian tribe wishes the Commission to consider as part of the mandatory hearing, Written statements from interested governmental or Tribal participants are due by August 30, 2017. As provided in the enclosed Notice of Hearing, written statements and supporting documentation (if any) should be submitted to the Commission using the agency's E-filing system. If practicable, we request that written statements be filed by use of the Electronic Information Exchange (EIE), If your staff does not already have a digital certificate for EIE, they will need to visit the NRC website and use the following hyperlink httj2s:�'/IDki.nrc.cio\//ocs/'apps/eie/dcc-eie-adj.htmi, tilled "External Credential Service for the Electronic Submittals - Adjudicatory." It your staff requires assistance in navigating the agency's E-filing system, they should contact the NRC's Electronic Submittals Help Desk by email at Meta- System Help _Desk. Resource @ aLL.%oy or by telephone toil f ree at (866) 672- 7 0 from 9:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday, with the exception of government holidays. Participants who are unable to use the EIE, or who will have difficulty complying with the EIE requirements in the time frame provided, may submit their statements by electronic mail to hearincidocket@nrc.gov. -2- In addition, the staff has provided the Commission a paper regarding this matter entitled "SECY- 16-0136, Staff Statement in Support of the Uncontested Hearing for issuance of Combined Licenses for Turkey Point Units 6 and 7 �Docket Nos. 52-040 and 52-041)," dated December 2, 2016. The paper may be found on the NRC public website at h t r-,C2s/2016/' M� Annette L. Vieth- Cook, Secretary of the Commission Enclosure: Notice of Hearing Federal Register Notice -3- Agreement State Director and State Liaison Officer Ms. Cynthia Becker, M.P.H., Chief Bureau of Radiation Control Florida Department of Health 4052 Bald Cypress Way, SE, Bin C21 Tallahassee, FL 32399-1741 Timothy A. Parsons, Ph.D., RPA Division Director, and State Historic Preservation Officer 500 South Bronough Street Tallahassee, FIL 32399-0250 Mr. Sherrill F. Norman State of Florida Auditor General Claude Pepper Building 111 West Madison Street Tallahassee FL 32399 Mr. Bryan W. oon, Chair Director, Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Commission 8535 Northlake Boulevard West Palm Beach, FIL 33412 Dr. Thomas Eason, Director Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission 620 S. Meridian Street Tallahassee, FL 32399-1600 Ms. Marissa Y. Krueger Biological Scientist IV Office of Conservation Planning Services Florida Fish and Wildlife Conservation Commission 8535 Northlake Blvd. West Palrr Beach, FL 33412 Mr. Doug White Department of Environmental Protection Bureau of Emergency Response 3900 Commonwealth Boulevard Mail Station 659 Tallahassee, Florida 32399-2400 ff 0' Siting Coordination Off ice (SCO) 2600 Blair Stone Road, IVIS 55OU Tallahassee, FIL 32399-2400 Roman Gastesi, County Administrator Monroe County 1100 Simonton Street Key West, FL 33040 Bob Shitlinger, County Attorney Monroe County 1111 12th SL Suite 408 Key West, FL 33040 Mayor Carlos A. Gimenez Stephen P. Clark Center 111 N. W. 1 �' St., 29 Floor Miami, FL 881 8 Mr. Jonathan E. Shaw, PG South Florida Water Management District Resource Evaluation Section, Water Supp 3301 Gun Club Rd, POB 24680 MS. 4230 West Palm Beach, FIL 33416-4680 Mr, Mark Woerner, Chief Planning Division Department of Regulatory and Economic Resources Planning Miami Dade County 111 NW 1 ' Street, 12 Floor Miami, Florida 33128 Mr. John Williamson, Administrator Bureau of Radiation Control, Environmental Radiation Programs PO Box 680069 Orlando, FL 32868-0069 _4_ Victoria M, City Attorney City of Miami 444 SW 2" Avenue, Suite 945 Miami. FL 33130 Ms. Kathlecri Kauffman, Chief Office of Historic Preservation 111 NW First Street, 12t" Floor Miami, FL 33128 Ms. Dona Spain Historic Preservation Officer City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 Dr. Philip K. Stoddard, Mayor City of South Miami 6130 Sunset Drive South Miami, FL 33143 Ms. Megan Cross Schmitt Preservation Officer, City of Miami 444 S, W, 2"-" Avenue-Y' Floor Miami, FL 33130 Mr. Kirk C. Zuelch. Executive Director Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, Florida 33040 Mr. Lee N. Hefty, Director Division of Environmental Resources Management - RER Miami-Dade County 701 NW I st Court, 4 Floor Miami, FIL 33136-3902 Mayor Joseph M. Corradino 12645 Pinecrest Parkway Pinecrest, Florida 33156 111 1 1111 P I AGENCY: Nuclear Regal atOry Commission, ACTION: Combined license application revised notice of hearing. SUMMARY: The U . Nuclear Regulatory Commission (NRC) will convene an evidentiary session to receive testimony and exhibits in the uncontestec portion of this proceeding regarding the application of Florida Power and Light Company (FPQ for combined licenses (COLS) to construct and operate two additional units Units 6 and 7) at the Turkey Point site in Miam[-Dade County, Florida, This mandatory hearing will concern safety and environmental matters relating to the requested COLS. DATES: The hearing will be held on October 5, 2017, beginning at 9i99 a-m, Eastern Standard Time. For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section V of the SUPPLEMENTARY INFORMATION section of this document, ADDRESSES: Please refer to Docket ID 52-040 and 52-041 when contacting the NR C about the availability of information regarding this document- You may obtain publicly-available -2- '= 1 2 ovlabc)tjt-nrOpgtidcitoi ti You may obtain publicly-available documents online in the ADAMS Public Documents collection at lotto J/www,nrc qov/readinq-rm/ad@ms.html To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Slela, rch " 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 e-mail to pdr,resourceP_nrc gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is referenced. a NF Cs PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One VWhite Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, , ra 11111111M�� U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-0681 " e -mail. Denise McGovern(w me aov- ITAM. mok 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 -3- 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 f 10 CFR) , to construct and operate two additional units (Units 6 and 7) at the Turkey Point site in Miami-Dade County, Florida (,http://Nww.nrc.qov/reactc)rslnew-reactors/col/turkeV-poitit The Commission had previously scheduled this hearing for February 9, 2017.' 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. The Commission will conduct this hearing beginning at 9.00 a.m. Eastern Standard Time on October 5, 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. The Commission is the presiding officer for this proceeding. ' See 81 FR 89,995 (Dec. 13 21016)_ M The matter at issue in this race din is whether the review of the application by the Commission's staff has been adequate to support the findings found in 10 CFI 52-97 and 10 CFI 51.107. Those findings that must be made for each COL are as follows: 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, 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 N staff has been adequate. 7 11 M No later than September 14, 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 September 14, 2017, unless the Commission directs otherwise, the applicant shall submit its pre-filed written testimony. The NI C staff previously submitted its The Commission may issue written questions to the applicant or the NI C staff before the he@rina, If such questions are issued, an order containing such questions will be issued no unless the Commission directs otherwise, No later than August 30, 2017. any interested State, local government body, or affected, Federalty-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 the deadline indicated above will be The process for acCeSS1T1q and using the agency's E-filing system is described in the June 18, 201t . 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-Safequards Information and Safeguards Information fog Contention Preparation (7• FIR 347771. 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 mall to 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 September 1, 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 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, 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 sucl- proceedings are not available with respect to this uncontested hearing, Participation in the -7- NR C'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 CF R 2.31 5(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 20• day of July, 2017. For the Nuclear Regulatory Commission. Annette L Vietti-Cook, Secretary of the Commission. J. Robert Dean Chairman District 3 December 29, 2016 Annette L. Vietti-Cook, Secretary. US Nuclear Regulatory Commission Washington, D.C. 20555-0001 RE: DOCKETS 52-040 AND 52-041 Issuance of Combined. Licenses for FPL's Turkey Point Units 6 and 7 Dear Secretary Vietti-Cook: Antoinette M, Appel Vice-Chairman District 4 David G. Ritz Secretary[Treasure District 5 Cara Higgins District 1 Richard J. Toppino District 2 Kirk G. welch Executive Director J'his letter is to present issues for consideration at your Evidentiary Hearing on February 9, 2017 regarding the application to construct and operate two new nuclear plants in southeast Miami -Dade County. The Florida Keys Aqueduct Authority is an Independent Special District of the State of Florida with the responsibility oi' supplying the entire group of islands known as the Florida Keys with drinking water frorn the Class I Biscayne Aquifer located in southeast Miami-Dade County. Our Board of Directors is appointed by the Governor of the State of Florida and has directed staff to prepare this letter in accordance with your correspondence, dated December 8, 2016. For more than a decade, Florida Power & Light Company (Fllf) has been out of compliance with operating requirements of its cooling canal system (CCS). The salinity values in the CCS have risen to concentrations higher than found in seawater. These high concentrations were not contained to acceptable levels as required by FPL's interceptor canal, and as a result, hypersaline conditions have migrated more than two miles beyond FPL's property and a plume of hypersaline has contaminated a large portion of the Biscayne Aquifer. This hypersaline plume and its influence on the movement of saline water as much as four miles westward toward critical drinking water supplies has been an issue that FPL has ignored for years. In 2014, the CCS temperature increased above the permitted range and emergency provisions were granted to allow higher operating temperatures and to tap into unpermitted surface water supplies to reduce temperatures. The CCS experienced increased salinity, regulated nutrients, and other constituents during this emergency. It was later determined, that the CCS had not been properly maintained for many years resulting in sediment accumulation that limited the volume of cooling water and restricted the water flow regime between the canals and the groundwater below and adjacent to the CCS. The primary impact to the Florida Keys from the failure of FPL to conduct the operation of its plant appropriately is to have put at risk the source of all the potable water we provide to our customers. If our wells, which are located approximately ten miles from the FPL plant, are contaminated by the 1`1 created high salinity plume, the entire water supply to the Florida Keys is gone. After these F1 failures were discovered, both the State of Florida and Miami -fade County found FPL in violation of their operating conditions. Both the State and Miami-Dade County filed regulatory and permit violations against FPL. FPL entered into Consent Orders with both entities rather than contest the violations in court. The primary element of both orders is to reduce the salinities in the groundwater aquifer which have been contaminated by FPL.. Secondary impacts include nutrient loading from the CCS into Biscayne Bay. Because of the magnitude of these problems and the sensitivity of adjacent, environmentally-sensitive areas, the improvements will take many years to achieve even under favorable conditions. There are serious concerns expressed by agency, university, and private sector experts that the plan proposed by FPI. to fix the hypersaline problem is based on assumptions and analyses that are incorrect and/or inadequate and therefore will not provide the needed scope, capacities, and cost commitments to bring the aquifer back to pre - existing conditions. Past and current operational issues caused by FPl. have led to the environmental degradation of a sole- source aquifer and Biscayne Bay. FP1. had shown little interest in dealing with these unpern consequences of its operation until enforcement action was taken. Even with consent orders in place, there is no clear evidence that FPL, can resolve the issues they have caused by using the CCS over many years nor can they prove that the CCS is still a viable option to handle thermal loads front the existing nuclear reactors. FKAA believes that the existing damage to the local environment must be fully reversed before FPL is granted any additional increase to thermal load capacity at its "turkey Point power plant. It makes no sense to allow this expansion when ITIL, has such a poor track record operating the existing system. FKAA also requests the USNRC require cooling towers be built for use with the existing operation and the closure of the existing CCS. Once built, the towers would alleviate the thermal loads being imposed by the CCS, leading to recovery of the Biscayne Aquifer and Bay with proven technology, We appreciate the opportunity to provide these comments to your Commission. If there are any questions regarding our comments, please let me know at your earliest convenience. Sincerely, h F.xecuti Director cc: J. Robert Dean, FKAA Board off Directors Antoinette M. Appell, FKAA Board of Directors David C, Ritz, FKAA Board of Directors Cara Higgins, FKAA Board of Directors Richard J. Toppino, FKAA Board of Directors George Neugent, Monroe County Commissioner David Rice, Monroe County Commissioner Danny Kolliage, Monroe County Commissioner Heather Carruthers, Monroe County Commissioner Sylvia Murphy, Monroe County Commissioner Roman Gastesi, Monroe County Administrator Mayor Carruthers A RESOLUTION OFTHE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXPRESSING ITS CONCERN OVER THE THREAT FLORIDA POWER & LIGHT COMPANY'S TURKEY POINT FACILITY'S COOLING CANAL SYSTEM POSES TO MONROE COUNTY'S SOURCE OF POTABLE WATER AND BISCVANE BAY; EXPRESSING A DESIRE TO WORK COOPERATIVELY WITH MIAMI-DADE COUNTY AND OTHER AGENCIES WITH JURISDICTION TO PROTECT THE FLORIDA KEYS POTABLE WATER SUPPLY; ENCOURATING THE FLORIDA KEYS AQUEDCUT AUTHORITY TO TAKE ALL STEPS NECESSARY TO PROTECT ITS WELLFIELDS IN FLORIDA CITY; DIRECTING THE CLERK TO DISTRIBUTE THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County IS the SOUtherillijost county in the State of Florida and horne to the world renown Florida Keys; and WHEREAS, Monroe County shares a common boundary with Miarni-Dade County which is approximately 152 rnfles long and WHEREAS, the Florida Keys is home to approximately 75,000 full time residents his several thousand part time residents many of whorn reside full time in Miami-Dade County; and WHEREAS, the Florida Keys Aqueduct AL.1111101 (FKAA) is the pUblic entity created by the Legislature which has been vested with the responsibility for providing potable water to residents and businesses in the Florida Keys; and WHEREAS, the FKAA draws potable water primarily firom the Biscayne Aquifer through a wellfield located west of Florida City"' within Mlarni-Dada County; and WHEREAS, Florida Power & Light Cornpany (FPI.) is the third-largest electric utility in the United States and provides powers to over 4.8 million customers'` in the state, and WHEREAS, FPL owns and operates it's Turkey Point facility in southeast Miarni-Dade County comprised of multiple power generating units all(] WHEREAS, the Turkey Point facility includes all approximately 5,900 ­acre network of unlined canals and all interceptor ditch on the western side of the network, or collectively the cooling canal system' (CCS), which dissipates heat from tile water used in the operation of FPL's IlLiclear Units 3 and 4, as well as Unit I when in operation; and WHEREAS, FPL's CCS is located at its closest point less than two miles from the Miarni-Dadc/Monroc County line and approxiillately 9.5 miles f"•om the FKA.A's wellfield in Florida City; and Page I of 4 Mayor Carruthers WHEREAS, that while the CCS has no direct surface water discharges, data shows that water from the CCS has moved beyond its boundaries. and WHEREAS, the hypersaline plume extends two or three miles west of the CCS and continues to move westward and the plume is pushing the saline water interface, which is now i four or five miles west of the CCS, at the rate of 400 to 600 feet per year.' , and WHEREAS, Monroe County supports Miarni-Dade County's Division of Environmental Resources Management (DERM) for issuing a Notice of Violation and Orders for Corrective Action (October 2, 2015) against FPL to redress alleged violations of the Miann-Dade County Code involving the CCS and entering, into as Consent Agreement with FPL on October 6, 2015 to resolve those violations; and WHEREAS, Miami -Dade County recently issue,(] a Report ' on March 7, 2016 indicating that: a. the long terra water quality in the CCS is degrading - ,"" I b. water from the CCS is migrating outside its boundaries away from tile Turkey Point facility property with impacts measured in both surface and groundwater; ix c. monitoring data indicate that a hyper-saline groundwater plUme originating frorn the CCS has migrated landward and is impacting water quality;' & results for recent tritium sampling (an isotope of hydrogen that is frequently associated with the operation of nuclear power plants) provide the most compelling evidence that water originating from the CCS is reaching tidal surface waters connected to Biscayne Bay and c. rainfall, pumping additional water into the CCS and operations of the CCS Interceptor Ditch lead to record high water stage in the CCS which would be expected to result in increased seepage of water fi the CCS into Surrounding ground waters and perhaps surface waters.` WHEREAS, Monroe County is concerned that the westward migrating, hypersaline plume in the Biscayne Aquifer places the Florida Keys' Source of potable water in jeopardy; and WHEREAS, Monroe County is also concerned that the eastern migration of the hypersaline plurne, into the tidal surface waters connected to Biscayne Bay (and potentially the Biscayne Bay Aquatic Preserve) places these water resources in jeopardy where Monroe County citizens fish and recreate and WHEREAS, M County is working to gain a full understanding of all the solutions being proposed by DERM and the other agencies with jurisdiction over Turkey Point and the CCS including,, but not limited to, tile Florida Department of Environmental Protection (DEP), the South Florida Water Management District (SFWMD) and the Nuclear Regulatory (,'orrirnission (NRC); and WHEREAS, Monroe County desires to work cooperatively with Miami-Dade County leadership and other agencies with Jurisdiction over Turkey Point and the CCS to ensure that the FXAA's wellfields are protected to the maximum extent possible now and in the future; and Page 2 of 4 Mayor Carruthers WHEREAS, as comprehensive approach is needed to 1) stop tile western movement of the hypersaline plunge immediately, 2) reiii(. the CC'S dischar—ees into the Biscayne Aquifer in an expedited manner and 3) address any impacts to Biscayne Bay; and WHEREAS, Monroe County calls upon its partners at the FKAA to take all steps necessary to protect the Florida Key's supply of potable water, including potential partnering oil the development of now technical data to better understand the extent of the hypersaline Plume and potential threat to the FKAA's wellfields; and WHEREAS, Monroe County reserves its right to initiate tile conflict resolution provisions of the Florida Governmental Conflict Resolution Act""' and to bring an action under the Florida Environmental Protection Act' iv or any other available Federal or State legal remedy at a later date should the Board deem such action appropriate; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: 1. Tile above recitals are hereby Incorporated Into this resolution as restated herein constitute the legislative findings and intent of the Board of County Commissioners of Monroc County, Florida. 1 The Mian County leadership, the SFWMD and DEP are invited to open a dialog with Monroe County it' SUPPol-t of finding comprehensive Solutions to combat the western migration of the hypersaline PlUnle stemming from FPL's Turkey Point CCS; remove the CCS discharges into the Biscayne Aquifer in all expedited manner, and address any impacts to Biscayne Bay. 3. Monroe County encourages the FKAA to take all steps necessary to protect the potable water supply for the Florida Keys Including its wellfields In Florida City. 4. Monroe C is willing to provide material Support to tile FKAA to enhance its current of f"orts tea protect the Florida City welifields. 5. The Clerk far this Board shall furnish copies of this resolution to! • US. Senator Bill Nelson • U.S. Senator Marco Rubio • U,S. Representative Carlos Curbelo, District 26 • Florida Governor Rick Scott • Florida Senate President Andy Gardiner • Florida House Speaker Steve Crisafulli • State Senator Dwight Bullard, District 39 • State Senator Anitere Flores, District 37 • State Representative Holly Raschein, District 120 • Chairman of the Nuclear Regulatory Commission Stephen G Burns • Chair, South Florida Water Management District Governing Board, Daniel O'Keefe • Executive Director, South Florida Water Management District Peter Antonacci • Secretary, Florida Department of Environmental Protection, Jon Steverson Page 3 of 4 Mayor Carruthers Miami Dade County Mayor Carlos Girnenez Chair, Florida Keys Aqueduct Authority Robert Dean Executive Director, Florida Keys Aqueduct Authority Kirk Zuelch 6. 'rhis resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Board of County Conitnissioners of Monroe County Florida, at a regular meeting of said Board held on the "?V' day of April, 2016. Mayor Heather Carruthers Yes Mayor pro tear George Ncuaent Not Present T, Commissioner Danny L. Kolhage Yes Commissioner David Rice Mes Commissioner Sylvia Murphy Yes BOARD OF COU COMMISSIONERS OF MONROE IF By: Ma. r He er Carruthers Per Brian Davisson, Monroe County GIS planner. See, cL 76 -441. Laws offlorida, water a er et Ltqht Co., dated October 7, 201 55. v v. Floid Pow Consent Agreernent in AJicn0-Do(1( Count ' r Tropical Audubon Sociel ' v v FII&L oncISPIViIII). Case 15-3845. J; 46 (DOAH Recd Order Dec. 31, 201-5); last ps:'I'.'Nvww.doah. state. fl. us/ROSI/2 15/ 1 5003845.pdf "' Report on Recent Biscayne Bay Water Quality Observalions Associated with Florida Power and I ight'Furkey Point Cooling Canal systems Operations Directive 152884. dated March 7, 2016 (Miami-Dade Report). v ... Miami-Dade Report pg. 1, Miann-Dade Report, po. 5. M iam i-Dade Report pv, a. Miami-Dade Report pg. 4. "'Miarni Dade Report pg. 4 F.S. 1 64.10 et seq. rTt F, S 403A1 -. C—D Page 4 of 4 PA) 0 1 a WHEREAS, The Florida Power and Light Turkey Point Nuclear Power Plant, located in south Miami-Dade County, utilizes a cooling canal system which consists of a network of approximately 5 acres of unlined canals; and WHEREAS, The Florida Power and Light Turkey Point Nuclear Power Plant is the only facility in the world that uses a cooling canal system instead of mechanical draft cooling towers; and WHEREAS, water from this cooling canal system communicates with the surrounding groundwater, and long-term monitoring data has shown that a bypersaline plume of water from the cooling canals has been migrating into and contaminating the groundwater, beyond the boundaries of the cooling canals; and WHEREAS, Miarni-Dade County took action to address this issue, including, but not limited to issuing a Notice of Violation in 2015 to Florida Power and Light for certain water quality violations in the groundwater, and requiring, through an administrative consent agreement, the Florida Power and Light take certain remedial actions to retract and contain the hypersaline ground water plume; and WHEREAS, at that time, the issues were focused on the westward migration of the hypersaline ground water plume from the cooling canals, more recent water quality sampling has detected exceedances of water quality standards in certain surface water locations in or connected to Biscayne Bay, adjacent to and cast of the cooling canal system; and WHEREAS, this Board, the residents of Monroe County and members of the general public are concerned about these recent discoveries and potential impacts on Card Sound, Biscayne Bay, and the Florida Keys' drinking water supply, and such discoveries serve to highlight the challenges posed by the continued operation of the cooling canal system; and WHEREAS, Florida Power and Light has a license from the federal government to operate the Turkey Point Power Plant units that use the cooling canal system until 2033; and WHEREAS, this Board is seeking a commitment from Florida Power and Light to discontinue the use of the cooling canal system in favor of a more modem mechanical draft cooling tower system that would remove all future interactions with ground water and make use of Miami- Dade County's reuse water; Page 1 oft NOW THEREFORE, BE IT RESOLVED BY T)"IE BOARD OF COiUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that& 1. The Monroe County Board of County Commissioners seeks a commitment from Florida Power and Light to discontinue the use of the cooling canal system at its Turkey Point Nuclear Power Plant, as soon as possible, in favor of mechanical draft cooling towers, 2. This resolution shall take effect upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15' day of February, 2017. MayorGeorge Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes MADOK, Clerk If' y Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF �OUNTY, FLORIDA By: Mayor rya EMIM