Daily Rules, Proposed Rules, and Notices of the Federal Government
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. During the course of this adjudicatory proceeding the Board may also hear oral arguments as provided in 10 CFR 2.331 and may hold various prehearing conferences pursuant to 10 CFR 2.329. These may be held via teleconference, video-conference, and/or in person. Except where certain legally privileged documents or testimony are being heard, all of the proceedings will be open to the public.
Contention 4A, as it will be litigated during the October 31, 2012 evidentiary hearing,
The Final Environmental Impact Statement (FEIS) fails to comply with 10 CFR Part 51 and the National Environmental Policy Act because it fails to specifically and adequately address, and inappropriately characterizes as SMALL, certain direct, indirect, and cumulative impacts, onsite and offsite, of constructing and operating the proposed LNP facility:
A. Impacts to wetlands, floodplains, special aquatic sites, and other waters, associated with dewatering, specifically:
1. Impacts resulting from active and passive dewatering;
2. Impacts resulting from the connection of the site to the underlying Floridan aquifer system;
3. Impacts on Outstanding Florida Waters such as the Withlacoochee and Waccasassa Rivers;
4. Impacts on water quality and the aquatic environment due to alterations and increases in nutrient concentrations caused by the removal of water; and
5. Impacts on water quality and the aquatic environment due to increased nutrients resulting from destructive wildfires resulting from dewatering.
B. Impacts to wetlands, floodplains, special aquatic sites, and other waters, associated with salt drift and salt deposition resulting from cooling towers (that use salt water) being situated in an inland, freshwater wetland area of the LNP site.
C. As a result of the omissions and inadequacies described above, the Draft Environmental Impact Statement also failed to adequately identify, and inappropriately characterizes as SMALL, the proposed project's zone of:
1. Environmental impacts;
2. Impact on Federally listed species;
3. Irreversible and irretrievable environmental impacts; and
4. Appropriate mitigation measures.
The Board will convene the evidentiary hearing on Wednesday, October 31, 2012, at 9:00 a.m. e.d.t., in the Levy County Courthouse. The courthouse is located at 355 South Court Street, Bronson, Florida. If the evidentiary hearing lasts longer than one day, we will adjourn at approximately 5:00 p.m. on October 31 and will reconvene and continue at 9:00 a.m. e.d.t. on Thursday, November 1, 2012. We anticipate that the evidentiary hearing will not take more than two days.
Members of the public and media are welcome to attend and observe the evidentiary hearing. Actual participation in the hearing will be limited to the parties and their lawyers and witnesses.
The purpose of limited appearance statements is to allow members of the public who are not parties to the adjudication to provide the Board with statements setting forth their positions or concerns on matters relating to the admitted contentions. This Board already conducted two oral limited appearance statement sessions regarding Contention 4A in Crystal River, Florida, on Thursday, January 12, 2012.
In addition, using the same method of service, a copy of the written limited appearance statement should be sent to the Chairman of this Licensing Board as follows:
Documents relating to this Atomic Safety and Licensing Board adjudicatory proceeding such as the parties' statements of position, pre-filed testimony, pre-filed evidentiary exhibits, transcripts of prior conferences and oral arguments, and copies or prior orders and rulings issued by this Board in this case, are available for public inspection at the Nuclear Regulatory Commission's "Electronic Hearing Docket" (EHD). The EHD is located at
In addition, the broader category of all of NRC's public documents related to PEF's application and the responses, questions, and other documents generated by the NRC Staff (such as PEF's Combined License Application and the NRC's Environmental Impact Statements) may be accessed via the publicly available records component of NRC's document system (ADAMS). ADAMS can be accessed via the NRC Web site at
Persons who have difficulty in conducting useful searches in ADAMS or who otherwise encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room (PDR) reference staff by telephone at (800) 397-4209 or (301) 415-4737, or by e-mail at
In addition, hard copies of Board orders, notices and/or memoranda are also available at the NRC PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland.
Finally, the public is advised that the Secretary of the Commission will give notice of filings and other events in this proceeding to any member of the public who requests it.