Item O07C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: 0.7
Agenda Item Summary #4689
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Derek Howard (305) 292 -3470
none
AGENDA ITEM WORDING: Authorization for County Attorney to take steps necessary for
County to participate as an Interested Governmental Party (IGP) in the Nuclear Regulatory
Commission's proceeding on Florida Power and Light's application seeking approval of a
Subsequent License Renewal for Turkey Point Units 3 and 4.
ITEM BACKGROUND:
In January 2018, Florida Power and Light (FPL) filed an application with the Nuclear Regulatory
Commission (NRC) seeking approval of a second twenty -year license renewal term ( "Subsequent
License Renewal ") for Units 3 and 4 at the Turkey Point facility in Miami -Dade County. The
current license is scheduled to expire in 2033. If granted, the Subsequent License Renewal would
extend the operational life of Units 3 and 4, as well as the cooling canal system (CCS), until 2053.
As part of the license renewal process, NRC held a "scoping meeting" on May 31, 2018 in
Homestead, Florida. Mayor Pro Tem Murphy and staff attended the scoping meeting, and provided
verbal comments that reiterated the Board's previously stated concerns with the CCS.
By letter to the NRC dated June 21, 2018, the County requested that "any granting of FPL's
requested subsequent license renewal for Units 3 & 4 at Turkey Point by conditioned on the
following: [a] Demonstrated remediation of the existing hypersaline plume within a reasonable
timeframe and with an identified completion date [and] [b] Decommissioning of the CCS and
replacement with new cooling towers to safeguard our water supply and surrounding natural
resources."
By letter to the NRC dated June 7, 2018, the Florida Keys Aqueduct Authority (FKAA) also
expressed its concerns with the Subsequent License Renewal. FKAA noted that data from its
wellfield monitoring program indicates that the current FPL remediation strategy is "1) Not effective
in first halting and then retracting the migration of the existing hypersaline plume, and 2) Continued
use of the CCS is only exacerbating the migration of the existing hypersaline plume." FKAA also
agreed with the Board's proposed conditions.
On June 22, 2018, the National Parks Service (NPS) also filed a letter with the NRC recommending
that the "Draft Environmental Impact Statement (EIS) include `alternative or applicant condition that
proposes to retire the IWF (Industrial Wastewater Facility Cooling Canals) and construct cooling
towers as a condition to extending operation of the facility." The NPS has requested to be a
cooperating federal agency in the development of the EIS.
By letter dated August 15, 2018, the Ocean Reef Community Association agreed with the Board's
position on the Subsequent License Renewal application and requested that the County participate as
an Interested Governmental Party (IGP) in the NRC adjudicatory proceeding on the application
pursuant to 10 C.F.R. § 2.315 (c). This status would allow Monroe County to (a) submit evidence
and proposed findings on claims that have been admitted for a hearing and (b) appeal the NRC
decision if its concerns regarding environmental impacts are not properly considered.
PREVIOUS RELEVANT BOCC ACTION:
Discussion and direction at its June 20, 2018, regular meeting regarding Agenda Item Number MA
( "Approval of submission of letter with the Board's comments to the US Nuclear Regulatory
Commission regarding Florida Power and Light's application for a Subsequent License Renewal for
Turkey Point Units 3 and 4).
February 15, 2017, approval of Resolution 43 -2017 expressing concern for the discovery and
impacts of the eastern and western migration of the hypersaline plume and seeking the
decommissioning of the cooling canal system in favor of a more modern mechanical draft cooling
tower system.
April 20, 2016, approval of Resolution 87 -2016 expressing concern for the eastern and western
migration of the hypersaline plume, support for Miami Dade DERM's issuance of the Notice of
Violation and the Consent Agreement, and support for FKAA to take all steps necessary to protect
the Florida Keys drinking water supply.
CONTRACT /AGREEMENT CHANGES:
none
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Letter from Ocean Reef
FINANCIAL IMPACT:
REVIEWED BY:
Bob Shillinger
Completed
09/04/2018 1:47 PM
Bob Shillinger
Completed
09/04/2018 1:47 PM
Budget and Finance
Completed
09/04/2018 1:53 PM
Maria Slavik
Completed
09/04/2018 2:05 PM
Kathy Peters Completed 09/04/2018 4:13 PM
Board of County Commissioners Pending 09/19/2018 9:00 AM
August 15 2018 RECEIVED
Mayor David Rice AUG 2 8 2018
Monroe County Board of County Commissioners
Historic Gato Building MO NROE COUNrYAMRNEY
1100 Simonton Street
Key West, Florida 33040
Dear Mayor Rice,
Florida Power and Light (FPL) has filed an application with the Nuclear
Regulatory Commission (NRC) seeking approval of a second twenty -year license
renewal term (called "Subsequent License Renewal" or "SLR ") for Units 3 and 4
at the Turkey Point facility in Miami Dade County. if granted, the SLR permit
would extend the operational life of Units 3 and 4 as well as the cooling canal
system to the year 2053, allowing an unprecedented total 80 years of operation..
Monroe County and FKAA expressed their serious concerns about the Turkey
Point facility and its license renewal application at the NRC's Environmental
Scoping Meeting on May 31 2018 in Homestead, Florida and also in letters filed
with the NRC dated June 7 2018 (FKAA) and June 21, 2018. (Monroe County)
as did members of the Ocean Reef Community Association (ORCA) and I wrote
a letter similar to the one written by FKAA and Monroe County.
We fully agree with the reasonable and appropriate request set forth in your letter
dated June 21 2018 to the NRC that "any subsequent license renewal for Units
3 and 4 at Turkey Point should be conditioned upon:
1 )Demonstrated remediation of the existing hypersaline plume within
a reasonable timeframe and with an identifled completion date and
2)Decommissioning of the CCS and replacement with new cooling
towers to safeguard our water supply and surrounding natural
resources. "
305,367.3067 -. Fox 305,367.4246 - orca@orcareef.com
Our concern has been heightened by FKAA's letter to the NRC dated June 7 th
2018, which concludes that contrary to groundwater modeling results performed
by FPL in their remediation strategy to comply with both Consent Orders, actual
data gathered to date from the FKAA wellfield monitoring program indicate that:
I. the current FPL remediation strategy is not effective in first halting
and then retracting the migration of the existing hypersaline plume
and
2. the continued use of the CCS is exacerbating the migration of the
existing plume.
The data referred to above have caused the FKAA to also ask the NRC to
require that the damage to the local environment by FPL be fully
remediated before FPL is granted an extension of its license to 2053 in
addition to the conditions for license renewal suggested by Monroe County
in its letter dated June 21 " 2018 and quoted above.
Additionally the letter from the National Parks Service dated June 22 "d , 2018 filed
in the NRC Subsequent License Renewal proceeding recommends that the
"Draft Environmental Impact Statement (EIS) include an 'alternative or
applicant condition that proposes to retire the IWF ( Industrial Wastewater
Facility Cooling Canals ) and construct cooling towers as a condition to
extending operation of the facility. "' The NPS has requested to be a
cooperating federal agency in the development of the EIS.
Miami Dade County DERM which is supervising FPL compliance with the
Consent Order and Decree at the site also filed its scoping letter with the NRC
on June 21 2018 and points out its concerns that 1) " the environmental impacts
of the operations of the CCS have become more significant and widespread over
time; 2) have fallen outside the range of operating experience for the plant given
the decline and continued dysfunction of the CCS and the uncertainty regarding
the impact of proposed solutions; and 3) that changes in the environment around
the plant have been, in some cases, precipitous and unpredictable." DERM
further states that the presence of tritium above background levels as well
as the documented exceedances of ammonia that are in groundwater and
surface water and emanating from the CCS at depth and intermediate
levels indicate a statistically increasing trend and are caused by FPL's
operation of the CCS. Moreover, the ability of the CCS to move water through
the CCS may be negatively affecting the inability of the CCS to dissipate water
temperatures at the point of uptake. DERM also concludes that 1) the site of
the plant is at risk of climate change due to rising sea levels which are
contributing to higher stages in the CCS and also the king tide events that impact
the coastline. 2) Sea level rise may contribute to the surface water to surface
water communication between the water in the CCS and water of the national
park and marine sanctuary and other state aquatic preserve. There is also
disturbing evidence of dramatic decreases in birth and survival rates of crocodile
hatchlings and evidence of deformities and impaired osmoregulation abilities and
the EIS should include a review of data on long term population trends and
monitoring of the American crocodile as well as other listed species that utilize
the facility.
A Petition to Intervene and a hearing request submitted to the NRC by Southern
Alliance for Clean Energy (SACE) raises the concern that continuing the
environmental damage caused by the Turkey Point cooling system during a
second license renewal term would be unacceptable, and therefore FPL should
replace the cooling canals with mechanical draft cooling towers. SACE's hearing
request includes expert reports documenting the environmental harm caused by
FPL's cooling system and the feasibility and availability of an alternative cooling
tower system.
Based upon the requests stated in the letters by FKAA, Miami Dade DERM,
Monroe County, the National Park Service, and a review of SACE 's Petition
and hearing request and exhibits, we believe it is extremely important for our
Monroe County Commissioners, as our elected representatives, to participate in
the NRC proceeding as an "interested governmental participant" (IGP) in order to
demand conditions on the continued operation of the Turkey Point cooling
system, and to protect public health and the environment. Please note that the
hearing is an adjudication in which FPL and the NRC technical staff will have the
burden of proving that the environmental impacts of the Turkey Point cooling
system are acceptable. (In contrast, the environmental scoping meeting which
you attended in the spring was a meeting, not an adjudicatory hearing; and
therefore you may have no right of appeal if the NRC does not consider your
concerns in the Environmental Impact Statement for the license renewal
application.)
The NRC offers state and local governments the opportunity to seek "interested
governmental participant" (IGP) status under 10 C.F.R. § 2.315(c). IGPs can
submit evidence and proposed findings on any claims that have been admitted
for a hearing.
If SACE and/or the other parties are granted a hearing on the environmental
impacts of FPL's cooling system for Turkey Point and the availability of a feasible
alternative, the County may request IGP status and submit testimony by its own
officials and experts on the admitted issues. The County may also ask for
appropriate environmental conditions on the license renewal permit. We believe
the County can file a request for IGP status any time between now and shortly
after the NRC rules on the pending hearing requests. (A ruling is expected in
September or October.)
Monroe County Commission's direct and continuing involvement through
advocacy as an IGP in the adjudicatory hearing on FPL's subsequent license
renewal application will protect our public health and safety, our water quality,
drinking water supply and the Monroe County coastal environment, as well as
Card Sound and Biscayne Bay National Park. Therefore we ask, as our elected
representatives, to take this powerful and persuasive next step and formally
participate in the NRC proceeding as an "interested party "on behalf of all of the
residents of Monroe County including Ocean Reef.
My Liaison, Attorney Bonnie Rippingille, has spoken with SACE attorney Diane
Curran about the process for participation by Monroe County in the NRC
adjudicatory hearing. Please feel free to contact her for copies of the exhibits
referenced in the Petition by SACE and in the hearing request by Friends of the
Earth, Natural Resources Defense Council, and Miami Waterkeepers. Both
Bonnie and Diane are available to discuss the process described above with the
County Attorney. Their contact information Is listed below.
Diane Curran
Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500
Washington, D.C. 20036
240 - 393 -9285
dcurran(a)-harmoncurran.com
Bonnie Rippinoille
Attorney ! ORC_A Liaison
305- 323 -1243
rippdinger(ftol.com
We appreciate your continuing support and advocacy. Please contact me with
any questions or comments.
Sincerely,
David C. Ritz
President of ORCA
Cc: George Neugent , Monroe County Commissioner
David Rice, Monroe County Commissioner
Heather Carruthers, Monroe County Commissioner
Sylvia Murphy, Monroe County Commissioner
Roman Gastesi, Monroe County Administrator
Bob Shillinger, , Monroe County Attorney
Lisa Tennyson, Public Affairs and Grants
FKAA
J. Robert Dean, FKAA Board of Directors
Richard J. Toppino, FKAA Board of Directors
Antoinette M. Appell, FKAA Board of Directors
Cara Higgins, FKAA Board of Directors