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

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 and issued orders that require a full environmental review of the impacts of operating the aging Turkey Point nuclear reactors through 2050. While this review is conducted, NRDC, Friends of the Earth, and Miami Waterkeeper will continue to be vigilant about the safety of our environment and the risks that climate change poses to vulnerable nuclear plants like Turkey Point.