NRDC - Natural Resources Defense Council

08/06/2024 | Press release | Distributed by Public on 08/06/2024 10:04

Friends of the Earth et al. v. Nuclear Regulatory Commission

Turkey Point Nuclear Power Plant in Miami-Dade County, Florida

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Jeffery Salter/Redux

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The Turkey Point Nuclear Power Plant is located just 25 miles south of Miami, Florida. The plant sits in the middle of a fragile ecosystem between two national treasures-Biscayne Bay and Everglades National Park-and atop the Biscayne aquifer, the major public water supply for Miami-Dade County and the Florida Keys. It's also the only plant in the United States that cools its reactors by using cooling canals-miles of canals that circulate the same water in and out of the plant. These canals have had serious problems, and in recent years, it has become apparent that they are leaking and contaminating the Biscayne aquifer.

Even so, in 2018, Turkey Point's owner, Florida Power & Light Company, became the first nuclear operator to take the unprecedented step of seeking to extend its operating license to a total of 80 years (called a subsequent license renewal)-doubling the plant's original operating time and extending it into the 2050s.

NRDC, along with Friends of the Earth and Miami Waterkeeper, filed contentions raising the requisite scope of environmental review for subsequent license renewal under U.S. Nuclear Regulatory Commission (NRC) regulations and identifying flaws in the analysis of sea level rise, groundwater impacts, and endangered species.

The Atomic Safety and Licensing Board ultimately rejected NRDC's contentions, with the dissenting opinion disputing the majority's view. NRDC appealed the board's decision to the commission-but without addressing NRDC's appeals, the NRC issued Florida Power & Light the subsequent renewed licenses on December 5, 2019. The licenses became effective immediately.

But on February 24, 2022, in a major victory, the NRC reversed this decision. The NRC issued orders requiring both a full environmental review of the impacts of operating the aging Turkey Point nuclear reactors through 2050 and assessment of the environmental implications of all such subsequent license renewals of nuclear power plants.

Case Documents

Environmental organizations' request for hearing (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionAtomic Safety and Licensing Board's first order and Jude Abreu's dissent (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionAtomic Safety and Licensing Board's second order (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionEnvironmental organizations' first petition to the NRC for review (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionAtomic Safety and Licensing Board's third order (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionEnvironmental organizations' second petition to the NRC for review (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionNuclear Regulatory Commission's order extending time for review of environmental organizations' first petition (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionNuclear Regulatory Commission's order extending time for review of environmental organizations' second petition (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionNuclear Regulatory Commission's order and Commissioner Baran's dissent regarding Atomic Safety and Licensing Board's first order (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionEnvironmental organizations' brief for D.C. Circuit (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionD.C. Circuit's order dismissing (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionNuclear Regulatory Commission's order reversing its April 23, 2020 order (PDF) Friends of the Earth et al. v. Nuclear Regulatory CommissionNuclear Regulatory Commission's general order on subsequent license renewals (PDF) Friends of the Earth et al. v. Nuclear Regulatory Commission

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