Text

License Amendment Request (LAR) 02-11, Revision of Operating License, Appendix B Environmental Protection Plan
	ML023300505
Person / Time
Site:	Comanche Peak
Issue date:	11/19/2002
From:	Walker R; TXU Energy, TXU Generation Co, LP
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	CPSES-200203803, TXX-02198
	Download: ML023300505 (137)
	v • d • e

t TXU Ref: 10CFR50.90 TXU Energy C.Lance Terry Comanche Peak Steam Senior Vice President &

Electric Station Principal Nuclear Officer P.O Box 1002 (E0I)

Glen Rose,TX 76043 Tel. 254 897 8920 Fax.254 897 6652 lance terry@txu com CPSES-200203803 Log # TXX-02198 File # 00236 November 19, 2002 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)

DOCKET NOS. 50-445 AND 50-446 LICENSE AMENDMENT REQUEST (LAR) 02-11 REVISION OF OPERATING LICENSE, APPENDIX B ENVIRONMENTAL PROTECTION PLAN Gentlemen:

Pursuant to 10CFR50.90, TXU Generation Company LP (TXU Energy) hereby requests an amendment to the CPSES Unit 1 Operating License (NPF-87) and CPSES Unit 2 Operating License (NPF-89) by incorporating the attached changes into Appendix B "Environmental Protection Plan". This change request applies to both units.

This license amendment request proposes changes to the CPSES Operating Licenses as follows: revise Appendix B "Environmental Protection Plan" to replace references to the U. S. Environmental Protection Agency's (EPA's) National Pollutant Discharge Elimination System (NPDES) permit. The EPA has delegated environmental controls for CPSES (i.e., the NPDES permit) to the State of Texas, Texas Natural Resource Conservation Commission (currently the Texas Commission on Environmental Quality), in accordance with the rules and regulations of both agencies. The EPA's NPDES permit for CPSES is expired and no longer valid; the NPDES provisions have been incorporated into the current Texas Pollutant Discharge Elimination System (TPDES) permit.

This request also proposes other minor administrative changes to the Environmental Protection Plan to be consistent with the provisions of the current TPDES permit and the Final Environmental Statement - Operating License Stage.

A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway

Comanche Peak

Diablo Canyon

Palo Verde - South Texas Project

Wolf Creek

STXU TXX-02198 Page 2 of 3 provides a detailed description of the proposed changes, a safety analysis of the proposed changes, TXU Energy's determination that the proposed changes do not involve a significant hazard consideration, a regulatory analysis of the proposed changes and an environmental evaluation. Attachment 2 provides the affected pages from the Operating Licenses marked-up to reflect the proposed changes. Attachment 3 provides retyped Operating License pages which incorporate the requested changes. Enclosure 1 provides copies of Attachment 1 references 1,3,5 and 6.

TXU Energy requests approval of the proposed License Amendment by October 15, 2003 to be implemented within 30 days of the issuance of the license amendment.

The approval date was administratively selected to allow for NRC review but the plant does not require this amendment to allow continued operation.

In accordance with 10CFR50.91(b), TXU Energy is providing the State of Texas with a copy of this proposed amendment.

This communication contains no new or revised commitments.

Should you have any questions, please contact Mr. Connie Wilkerson at (254) 897-0144.

I state under penalty of perjury that the foregoing is true and correct.

Executed on November 19, 2002 Sincerely, TXU Generation Company LP By: TXU Generation Management Company LLC Its General Partner C. L. Terry Senior Vice President and Principal Nuclear Officer By: 4 l Roge* . Waiker Regulatory Affairs Manager CLW/clw Attachments 1. Description and Assessment

2. Markup of Operating Licenses (Appendix B pages)

3. Retyped Operating Licenses (Appendix B pages) . Copy of Attachment 1 References 1, 3, 5 and 6

- TXU TXX-02198 Page 3 of 3 c - E. W. Merschoff, Region IV (w/o encl.)

W. D. Johnson, Region IV (w/o encl.)

D. H. Jaffe, NRR Resident Inspectors, CPSES (w/o encl.)

Mr. Authur C. Tate (w/o encl.)

Bureau of Radiation Control Texas Department of Public Health 1100 West 49th Street Austin, Texas .78704

ATTACHMENT 1 to TXX-02198 DESCRIPTION AND ASSESSMENT to TXX-02198 Page 1 of 8 LICENSEE'S EVALUATION

1. DESCRIPTION

2. PROPOSED CHANGE

3. BACKGROUND

4. TECHNICAL ANALYSIS

5. REGULATORY SAFETY ANALYSIS 5.1. No Significant Hazards Consideration 5.2 Applicable Regulatory Requirements/criteria

6. ENVIRONMENTAL CONSIDERATION

7. REFERENCES

8. PRECEDENTS to TXX-02198 Page 2 of 8

1.0 DESCRIPTION

1.1 By this letter, TXU Generation Company LP (TXU Energy) requests an amendment to the Comanche Peak Steam Electric Station (CPSES) Unit I Operating License (NPF-87) and CPSES Unit 2 Operating License (NPF-89) by incorporating the attached changes into Appendix B "Environmental Protection Plan".

License Amendment Request (LAR)-02-11 proposes changes to the Environmental Protection Plan as follows: revise references to the U. S. Environmental Protection Agency's (EPAs) National Pollutant Discharge Elimination System (NPDES) permit; continuing provisions of the EPA's NPDES permit have been incorporated into a Texas Pollutant Discharge Elimination System (TPDES) permit.

This LAR also proposes other minor administrative changes to make the Environmental Protection Plan's description consistent with provisions of the current TPDES Permit and the NRC's Final Environmental Statement - Operating License Stage (FES-OL).

1.2 No changes to the CPSES Final Safety Analysis Report are anticipated as a result of this LAR.

2.0 PROPOSED CHANGE

The proposed changes will revise Operating License Appendix B "Environmental Protection Plan" to revise and replace references to the EPA's NPDES permit. The EPA delegated the provisions of the NPDES permit for CPSES to the State of Texas, Texas Natural Resource Conservation Commission (TNRCC) (currently the Texas Commission on Environmental Quality), in accordance with the rules and regulations of both agencies. The EPA's NPDES permit for CPSES is expired and no longer valid; its continuing provisions are now incorporated into the current State of Texas TPDES permit for CPSES.

Additional minor administrative changes to the Environmental Protection Plan's description are also proposed to be consistent with provisions of the current TPDES Permit and the FES-OL.

3.0 BACKGROUND

The Environmental Protection Plan (EPP) for CPSES is described in Appendix B to both Unit 1 and Unit 2 Operating Licenses. The purpose of the EPP is to provide for protection of nonradiological environmental values during operation of the nuclear facility. The principal objectives of the EPP are as follows:

Verify that the facility is operated in an environmentally acceptable manner, as established by the Final Environmental Statement - Operating License Stage (FES-OL) and other NRC environmental impact assessments to TXX-02198 Page 3 of 8

° Coordinate NRC requirements and maintain consistency with other Federal, State, and local requirements for environmental protection Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality are regulated by way of the licensee's NPDES permit. For CPSES this regulation has historically been accomplished through the provisions of the EPA's NPDES permit No. TX-0065854.

On September 14, 1998, the EPA approved (Reference 1) the application submitted by the State of Texas to administer and enforce the NPDES program for regulating discharges of pollutants into waters of the State. This approval effectively delegated the EPA's authority to the approved State program, i.e., the Texas Pollutant Discharge Elimination System (TPDES) program administered by the Texas Natural Resource Conservation Commission (TNRCC) (currently the Texas Commission on Environmental Quality).

On April 29, 1999, TU Electric (currently TXU Energy) submitted an application (Reference 2) to the TNRCC, with a copy to the NRC, for renewal of the existing State of Texas Wastewater Discharge Permit No. 01854 for CPSES. The application had the additional purpose of renewing and replacing the existing NPDES permit for CPSES.

On May 18, 2001, the TNRCC approved and made effective (Reference 3) the current TPDES Permit No. 01854 for CPSES under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. This TPDES permit is a renewal of the previously existing State of Texas Wastewater Discharge Permit No. 01854 and also renews and incorporates the continuing provisions of the NPDES Permit for CPSES.

The current TPDES Permit No. 01854 for CPSES expires March 1, 2004. A copy was submitted to the NRC in November, 2001 (Reference 4).

4.0 TECHNICAL ANALYSIS

This proposed revision to Appendix B "Environmental Protection Plan" of the Operating Licenses is an administrative corrective action to replace the outdated references to the EPA's NPDES permit with references to the current State of Texas TPDES permit. Other minor administrative changes to the Environmental Protection Plan's description are proposed to be consistent with the current TPDES permit requirements and the NRC's Final Environmental Statement - Operating License Stage (FES-OL). The other minor changes are as follows:

(1) Replace reference to "U.S. Environmental Protection Agency (Region VI)"

with "Texas Commission on Environmental Quality" (Section 2.1 and 5.4.1);

(2) Delete references to "the State certification" (Table of Contents and Section 3.2). This wording is redundant to "TPDES Permit";

Attachment I to TXX-02198 Page 4 of 8 (3) Delete reference to "the Section 316(b) demonstration requirement" (Section 2.1). This requirement was an issue in the EPA's NPDES Permit last renewed on September 30, 1994; however, the required demonstration study has since been completed and was therefore not incorporated as a requirement in the current TPDES permit for CPSES. Completion of the Section 316(b) demonstration study is documented in a letter from the EPA's Region VI office to TU Electric (Reference 5);

(4) Clarify the reporting of outages of the onsite water treatment facility (Section 4.2.2 (2)). The phrase "if these outages are accompanied by an increase in the monthly average groundwater pumpage to a rate exceeding 30 gpm." is clarified to read "if groundwater is used to supplement the supply of treated surface water during the outage and is accompanied by an increase in the monthly average groundwater pumpage to a rate exceeding 30 gpm." Clarified to indicate that water treatment system outage reporting is only required if groundwater is used to supplement the plant make-up system during these outages. This clarification is consistent with the conditions recommended by the NRC staff in FES-OL Summary Conclusion 9.C (Reference 6).

Environmental concerns identified in the FES-OL which relate to water quality are typically regulated by way of the licensee's NPDES permit. For CPSES this has historically been accomplished through the provisions of the EPA's NPDES Permit No. TX-0065854. This NPDES permit was last renewed on September 30, 1994; however it has since expired and is no longer valid. The provisions of NPDES Permit No. TX-0065854 were renewed and incorporated into the current State of Texas TPDES Permit No. 01854 effective May 18, 2001 (see Background Section discussion above).

The EPA delegated their wastewater monitoring and control authority for CPSES (i.e., the NPDES permit) to the TNRCC under the applicable laws and regulations of both agencies (Reference 1). The TNRCC approved and issued the current TPDES permit for CPSES under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code (Reference 3).

The change in permit authority has no impact on the environmental regulation for CPSES as the continuing provisions contained in the expired EPA NPDES permit are renewed and continued in the current State of Texas TPDES permit.

The other minor changes proposed above to the Environmental Protection Plan's description are administrative in nature. They are proposed to maintain consistency with the provisions of the current State of Texas TPDES permit (items 1-3) and the conclusions stated in the NRC's FES OL (item 4).

to TXX-02198 Page 5 of 8 5.0 REGULATORY SAFETY ANALYSIS 5.1 No Significant Hazards Consideration TXU Generation Company LP (TXU Energy) has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10CFR50.92, "Issuance of amendment," as discussed below:

I1. Do the proposed changes involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No The requested changes involve an administrative correction to the Comanche Peak Steam Electric Station (CPSES) Operating Licenses, Appendix B "Environmental Protection Plan" to replace references to the U. S. Environmental Protection Agency's (EPA's) National Pollutant Discharge Elimination System (NPDES) permit with references to the current Texas Pollutant Discharge Elimination System (TPDES) permit. The continuing environmental regulatory provisions of the NPDES permit are incorporated and renewed in the current State of Texas TPDES permit. The change in permit issuing authority was achieved in a manner consistent with the rules and regulations of both the EPA and the Texas Natural Resource Conservation Commission (TNRCC) (currently the Texas Commission on Environmental Quality).

Other minor changes proposed in the Environmental Protection Plan's description are administrative in nature and provide consistency with the provisions of the current TPDES permit and the NRC's Final Environmental Statement - Operating License Stage.

This request involves administrative changes only. No actual plant equipment or accident analyses will be affected by the proposed change. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Do the proposed changes create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No This request involves administrative changes only. No actual plant equipment or accident analyses will be affected by the proposed changes and no failure modes not bounded by previously evaluated accidents will be created. Therefore, the to TXX-02198 Page 6 of 8 proposed changes do not create a new or different kind of accident from any accident previously evaluated.

3. Do the proposed changes involve a significant reduction in a margin of safety?

Response: No Margin of safety is associated with confidence in the ability of the fission product barriers (i.e., fuel and fuel cladding, Reactor Coolant System pressure boundary, and containment structure) to limit the level of radiation dose to the public. This request involves administrative changes only.

No actual plant equipment or accident analyses will be affected by the proposed changes. Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety systems settings, or will not relax the bases for any limiting conditions of operation. Therefore, the proposed changes do not involve a significant reduction in the margin of safety.

Based on the above evaluations, TXU Energy concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10CFR50.92 (c) and, accordingly, a finding of "no significant hazards consideration" is justified.

5.2 Applicable Regulatory Requirements/Criteria The applicable regulatory requirements related to this proposed LAR are as follows:

U. S. Nuclear Regulatory Commission document NUREG-0775 for CPSES: Final Environmental Statement - Operating License Stage (FES-OL), This document was issued in September, 1981 and provides the NRC's final assessment of environmental issues related to the operation of CPSES Units 1 and 2.

U. S. Environmental Protection Agency's (EPA's) National Pollutant Discharge Elimination System (NPDES) Permit No. TX-0065854 for CPSES. This NPDES permit was issued in support of the initial licensing of CPSES and authorized the licensee to treat and dispose of wastes/waste waters from CPSES. This NPDES permit was last renewed on September 30, 1994.

Section 402 "National Pollution Discharge Elimination System" of the Clean Water Act.

The Act establishes the basic structure for regulating discharges of pollutants into the waters of the United States. Section 402 contains provisions for State permitting.

State of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 01854 for CPSES. This TPDES permit was approved/issued by the Texas Natural Resource Conservation Commission (TNRCC) on May 18, 2001 and authorized the licensee to treat

Attachment I to TXX-02198 Page 7 of 8 and dispose of wastes/waste waters from CPSES. The current, renewable TPDES Permit expires on March 1, 2004 and is a renewal and combination of the previously existing TNRCC Waste Water Permit No. 01854 issued July 3, 1995 and NPDES Permit No. TX 0065854 issued September 30, 1994.

Chapter 26"Water Quality Control" of the Texas Water Code. The Texas Water Code, Chapter 26 establishes the basic structure for regulating discharges of pollutants into the waters of the State of Texas including provisions for Texas Pollutant Discharge Elimination System (TPDES) permitting.

Analysis The CPSES Operating Licenses, Appendix B "Environmental Protection Plan" (EPP) refer to the EPA's NPDES permit. The NPDES permit for CPSES (No. TX-0065854) has historically served as the regulatory basis for addressing environmental concerns which relate to water quality matters identified in the FES-OL. The U. S. EPA and the State of Texas have related rules and regulations in effect (i.e., Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code) which conditionally allow the EPA to delegate NPDES permit regulation to cognizant State government agencies.

By application (Reference 2) dated April 29, 1999, TXU Energy applied to the TNRCC to renew the existing Texas Waste Water Permit No. 01854 for CPSES. The application had the additional purpose of renewing and replacing the existing NPDES permit for CPSES.

On May 18, 2001, the TNRCC approved and issued TPDES Permit No. 01854 for CPSES (Reference 3) in accordance with the provisions of the above U. S. and State regulations.

The current TPDES permit for CPSES cross-references prior NPDES Permit No. TX 0065854 and incorporates its continuing provisions.

The other minor changes proposed in this request provide consistency with the provisions of the current TPDES permit and conclusions of the FES-OL.

Conclusion Appropriate environmental regulation for CPSES is maintained by the current provisions of the State of Texas TPDES Permit No. 01854. A change in EPP references from the EPA's NPDES permit to the State's TPDES permit is consistent with U.S. and State regulations and is an administrative correction only. The other minor changes proposed in this request to the EPP's description are administrative in nature as they provide consistency with the current TPDES permit and the FES-OL.

to TXX-02198 Page 8 of 8

6.0 ENVIRONMENTAL CONSIDERATION

The proposed amendment is confined to administrative type changes. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(10). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

7.0 REFERENCES

1. Federal Register, Volume 63, No. 185, p. 51164-51201 dated September 24, 1998.

2. TU Electric letter logged TXX-99108 from James J. Kelley, Jr. to Executive Director, Texas Natural Resource Conservation Commission, dated April 29, 1999 "Application for Renewal of Permit to Discharge, Deposit or Dispose of Waste(s)

Into or Adjacent to Water in the State" 3 Texas Pollutant Discharge Elimination System (TPDES) Permit No. 01854 for Comanche Peak Steam Electric Station approved and issued by the Texas Natural Resource Conservation Commission effective May 18, 2001 and expiring March 1, 2004.

4 TXU Electric letter logged TXX-01 190 from C. L. Terry to U. S. NRC Document Control Desk dated November 19, 2001 "Environmental Protection Plan Renewal/Replacement of CPSES National Pollutant Discharge Elimination System (NPDES) Permit"

5. EPA Region VI letter from Phillip Jennings to TU Electric's James J. Kelly, Jr.

dated December 13, 1995 RE: Comanche Peak Steam Electric Station, NPDES Permit No. TX-0065854, 316(b) Demonstration Report

6. U. S. Nuclear Regulatory Commission document NUREG-0775: Final Environmental Statement related to the operation of Comanche Peak Steam Electric Station, Units 1 and 2, issued September, 1981.

8.0 PRECEDENTS None cited.

ATTACHMENT 2 to TXX-02198 PROPOSED CHANGES to OPERATING LICENSES (MARK-UP)

License No. NPF-87, Appendix B Pages License No. NPF-89, Appendix B Pages

APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-87 TXU GENERATION COMPANY LP COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 DOCKET NO. 50-445 ENVIRONMENTAL PROTECTION PLAN (NON RADIOLOGICAL)

Amendment No. 90

COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL.)

TABLE OF CONTENTS Section Page 1.0 Objectives of the Environmental Protection Plan ............................................. 1-1 2.0 Environmental Protection Issues ..................................................................... 2-1 2.1 Aquatic Issues ........................................................................................... 2-1 2.2 Terrestrial Issues ...................................................................................... 2-1 3.0 Consistency Requirements ......................................................................... 3-1 3.1 Plant Design and Operation .................................................................... 3-1 3.2 Reporting Related to the NPBES TPDES Permit and State Cerifaton .................................................................................... 3-1 3.3 Changes Required for Compliance with Other Environmental Regulations ...................................................................... 3-2 4.0 Environmental Conditions ........................................................................... A-1 4.1 Unusual or Important Environmental Events ........................................ A-1 4.2 Environmental Monitoring .......................................................................... 4-1 5.0 Administrative Procedures ............................................................................... 5-1 5.1 Review and Audit .................................................................................... 5-1 5.2 Records Retention ............................................................................. .5-1 5.3 Changes in Environmental Protection Plan ............................................. 5-1 5.4 Plant Reporting Requirements ................................................................ 5-1

[CPSES/OL, Page 1-11, Original]

1.0 Objectives of the Environmental Protection Plan The purpose of the Environmental Protection Plan (EPP) is to provide for protection of nonradiological environmental values during operation of the nuclear facility. The principal objectives of the EPP are as follows:

(1) Verify that the facility is operated in an environmentally acceptable manner, as established by the Final Environmental Statement - Operating License Stage (FES-OL) and other NRC environmental impact assessments.

(2) Coordinate NRC requirements and maintain consistency with other Federal, State, and local requirements for environmental protection.

(3) Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality matters are regulated by way of the licensee's NPES TPDES permit.

Appendix B - Comanche Peak 1-1

[CPSES/OL, Page 1-12 Original]

2.0 Environmental Protection Issues In the FES-OL, dated September 1981, the staff considered the environmental impacts associated with the operation of the two-unit Comanche Peak Steam Electric Station (CPSES). Certain environmental issues were identified which required study or license conditions to resolve environmental concerns and to assure adequate protection of the environment.

2.1 Aquatic Issues The aquatic issues identified by the State in the FES-OL were as follows:

(1) Effects of the intake structure on aquatic biota during operation (FES-OL Section 5.5.2.3).

(2) Effects of the circulating water chlorination system on aquatic biota during operation (FES OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1).

The second issue above, "Effects of the circulating water chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1)," no longer applies because the service water and circulating water chlorination system is no longer used at CPSES and the EPA NPDES TPDES permit no longer requires that such a study be performed.

Aquatic matters are addressed by the effluent limitations; and monitoring requirements,-and-the Section 316(b) de,,onstraton requrement contained in the effective NP*,E TPDES permit issued by the U. G. Envirnmental *rotection Agency (Rfeg*c VI) Texas Commission on Environmental Quality. The NRC will rely on this agency for regulation of matters involving water quality and aquatic biota.

2.2 Terrestrial Issues The terrestrial issue identified by the staff in the FES-OL was as follows:

(1) Potential impacts resulting from the use of groundwater by the station during operation (FES-OL Section 5.3.1.2).

NRC requirements with regard to the terrestrial issue are specified in Subsection 4.2 of this EPP.

Appendix B - Comanche Peak 2-1

[CPSES/OL, Page 1-13, Original]

3.0 Consistency Requirements 3.1 Plant Design and Operation The licensee may make changes in station design or operation or perform tests or experiments affecting the environment provided such activities do not involve an unreviewed environmental question and do not involve a change in the EPP*. Changes in station design or operation or performance of tests or experiments which do not affect the environment are not subject to the requirements of this EPP. Activities governed by Subsection 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an environmental evaluation of such activity.

Activities are excluded from this requirement if all measurable nonradiological environmental effects are confined to the onsite areas previously disturbed during site preparation and plant construction. When the evaluation indicates that such activity involves an unreviewed environmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval. When such activity involves a change in the EPP, such activity and change to the EPP may be implemented only in accordance with an appropriate license amendment as set forth in Subsection 5.3 of this EPP.

A proposed change, test, or experiment shall be deemed to involve an unreviewed environmental question if it concerns: (1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the FES-OL, in environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level; or (3) a matter, not previously reviewed and evaluated in the documents specified in (1) of this Subsection, which may have a significant adverse environmental impact.

The licensee shall maintain records of changes in facility design or operation and of tests and experiments carried out pursuant to this Subsection. These records shall include written evaluations which provide bases for the determination that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0. The licensee shall include as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests, and experiments.

3.2 Reporting Related to the NPDEG TPDES Permit and State etf-cat"on Changes to, or renewals of, the NPBES TPDES permit or the State cefcation shall be reported to the NRC within 30 days following the date the change or renewal is approved. If a permit o eertifleation, in part or in its entirety, is appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.

This provision does not relieve the licensee of the requirements of 10 CFR 50.59.

Appendix B - Comanche Peak 3-1 Amendment No. 12

[CPSES/01 - Page 111-10, Original]

The licensee shall notify the NRC of changes to the effective N'PDES TPDES permit that are proposed by the licensee by providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The licensee shall provide the NRC with a copy of the application for renewal of the NPDES TPDES permit at the same time the application is submitted to the permitting agency.

3.3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation and performance of tests or experiments which are required to achieve compliance with other Federal, State, and local environmental regulations are not subject to the requirements of Subsection 3.1.

Appendix B - Comanche Peak 3-2

[CPSES/OL, Page 1-15, Original]

4.0 Environmental Conditions 4.1 Unusual or Important Environmental Events Any occurrence of an unusual or important event that indicates or could result in significant environmental impact causally related to plant operation shall be recorded and reported to the NRC within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months , followed by a written report per Subsection 5.4.2. The following are examples of such events: excessive bird impaction events, onsite plant or animal disease outbreaks, mortality or unusual occurrence of any species protected by the Endangered Species Act of 1973, fish kills, increase in nuisance organisms or conditions, and unanticipated or emergency discharge of waste water or chemical substances.

No routine monitoring programs are required to implement this condition.

4.2 Environmental Monitoring 4.2.1 Groundwater Levels and Station Water Use Monitoring Groundwater levels in the onsite observation wells identified as OB-3 and OB-4 in the FES-OL (Figure 4-3) shall be monitored and recorded monthly when the groundwater pumpage rate by CPSES is less than or equal to 30 gallons per minute (gpm) and weekly when the CPSES average monthly rate exceeds 30 gpm for the previous month. Water levels shall be read and recorded on approximately the same day of the month when monitoring monthly and on the same day of the week when monitoring weekly (an aid in interpreting the results by minimizing the influence of cyclic water use patterns of the aquifer by others on the observed water levels).

A monthly record of the total number of gallons pumped from each of the onsite production wells shall be maintained, including an average monthly pumpage rate in gpm.

A monthly record showing the rate and total amount of surface water processed by the onsite water treatment facility shall be maintained by the licensee on a monthly basis. This record shall include the process rate in gallons per minute and the total amount in gallons.

The licensee shall include the results of this monitoring program as part of the Annual Operating Report (see Subsection 5.4.1).

4.2.2 Water Treatment Facility Outages Impact Assessment and Reporting The following outages of the onsite water treatment facility shall be reported to the NRC:

(1) Routine or unplanned outages that exceed 30 consecutive days.

(2) Any outage of at least 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months duration, beginning with the third such outage in a calendar year, if these outages are groundwater is used to supplement the supply of treated surface water during the outage and is accompanied by an increase in the monthly average groundwater pumpage to a rate exceeding 30 gpm. When it is determined that either routine or unplanned outages will exceed 30 consecutive days and when the groundwater pumpage rate will be greater than 30 gpm when averaged over the outage period, the licensee will prepare and submit a report to the NRC within 15 days Appendix B - Comanche Peak 4-1

[CPSES/OL Page 1-16, Original]

after a determination of the extended outage is made. This report shall include (1) a discussion of the reason for the extended outage, (2) the expected duration of the outage, (3) an estimate of the date or the time required to return the onsite water treatment facility to operation, (4) a determination of the potential for lowering the groundwater levels in offsite wells, (5) an assessment of the impact of the projected groundwater level decline, and (6) a proposed course of action to mitigate any adverse effects.

Appendix B - Comanche Peak 4-2

[CPSES/OL, Page 1-17, Original]

5.0 Administrative Procedures 5.1 Review and Audit The licensee shall provide for review and audit of compliance with the EPP. The audits shall be conducted independently of the individual or groups responsible for performing the specific activity.

A description of the organization structure utilized to achieve the independent review and audit function and the results of audit activities shall be maintained and made available for inspection.

5.2 Records Retention Records and logs relative to the environmental aspects of station operation shall be made and retained in a manner convenient for review and inspection. These records and logs shall be made available to NRC on request.

Records of modifications to station structures, systems, and components determined to potentially affect the continued protection of the environment shall be retained for the life of the station. All other records, data and logs relating to this EPP shall be retained for 5 years or, where applicable, in accordance with the requirements of other agencies.

5.3 Changes in Environmental Protection Plan Requests for changes in the EPP shall include an assessment of the environmental impact of the proposed change and a supporting justification. Implementation of such changes in the EPP shall not commence prior to NRC aproval of the proposed changes in the form of a license amendment incorporating the appropriate revision to the EPP.

5.4 Plant Reporting Requirements 5.4.1 Routine Reports An Annual Environmental Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May 1 of each year. The initial report shall be submitted prior to May 1 of the year following issuance of the operating license. The period of the first report shall begin with the date of issuance of the operating license.

The report shall include summaries and analyses of the results of the environmental protection activities required by Subsection 4.2 of this EPP for the report period, including a comparison with related preoperational studies, operational controls (as appropriate), and previous nonradiological environmental monitoring reports, and an assessment of the observed impacts of plant operation on the environment. If harmful effects or evidence of trends toward irreversible damage to the environment are observed, the licensee shall provide a detailed analysis of the data and a proposed course of mitigating action.

Appendix B - Comanche Peak 5-1

[CPSES/01- Page 1-18, Original]

The Annual Environmental Operating Report shall also include:

(1) A list of EPP noncompliances and the corrective actions taken to remedy them.

(2) A list of all changes in station design or operation, tests, and experiments made in accordance with Subsection 3.1 which involved a potentially significant unreviewed environmental question.

(3) A list of nonroutine reports submitted in accordance with Subsection 5.4.2.

(4) A summary list of NPBEG TPDES permit-related reports relative to matters identified in Subsection 2.1 which were sent to the U. ,. E.nvironmental Protection Agency Region V1 Texas Commission on Environmental Quality during the report period.

In the event that some results are not available by the report due date, the report shall be submitted noting and explaining the missing results. The missing results shall be submitted as soon as possible in a supplementary report.

5.4.2 Nonroutine Reports A written report shall be submitted to the NRC within 30 days of occurrence of a nonroutine event.

The report shall (a) describe, analyze, and evaluate the event, including extent and magnitude of the impact and plant operating characteristics; (b) describe the probable cause of the event; (c) indicate the action taken to correct the reported event; (d) indicate the corrective action taken to preclude repetition of the event and to prevent similar occurrences involving similar components or systems; and (e) indicate the agencies notified and their preliminary responses.

Events reportable under this subsection which also require reports to other Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of the requirements of this subsection. The NRC shall be provided with a copy of such a report at the same time it is submiffed to the other agency.

Appendix B - Comanche Peak 5-2

[CPSES/OL Page 1-19, Original]

APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-89 TXU GENERATION COMPANY LP COMANCHE PEAK STEAM ELECTRIC STATION UNITS 1 & 2 DOCKET NOS. 50-445 AND 50-446 ENVIRONMENTAL PROTECTION PLAN (NON RADIOLOGICAL)

APRIL 6,1993 Amendment No. 90

COMANCHE PEAK STEAM ELECTRIC STATION UNITS 1 AND 2 ENVIRONMENTAL PROTECTION PLAN (NON-RADIOLOGICAL)

TABLE OF CONTENTS Section age 1.0 Objectives of the Environmental Protection Plan ........................ 1-1 2.0 Environmental Protection Issues .................................... 2-1 2.1 Aquatic Issues ............................................ 2-1 2.2 Terrestrial Issues ........................................... 2-1 3.0 Consistency Requirements ........................................... 3-1 3.1 Plant Design and Operation ................................... 3-1 3.2 Reporting Related to the NPBES TPDES Permit "afd State C3erfification........................................ 3-1 3.3 Changes Required for Compliance with Other Environmental Regulations .................................... 3-2 4.0 Environmental Conditions .......................................... 4-1 4.1 Unusual or Important Environmental Events ......................... 4-1 4.2 Environmental Monitoring ....................................... 4-1 5.0 Administrative Procedures ......................................... 5-1 5.1 Review and Audit............................................ 5-1 5.2 Records Retention ....................................... 5-1 5.3 Changes in Environmental Protection Plan .................... 5-1 5.4 Plant Reporting Requirements .............................. 5-1

[CPSES/OL, Page 1-38, Original]

1.0 Objectives of the Environmental Protection Plan The purpose of the Environmental Protection Plan (EPP) is to provide for protection of nonradiological environmental values during operation of the nuclear facility. The principal objectives of the EPP are as follows:

(1) Verify that the facility is operated in an environmentally acceptable manner, as established by the Final Environmental Statement - Operating License Stage (FES-OL) and other NRC environmental impact assessments.

(2) Coordinate NRC requirements and maintain consistency with other Federal, State, and local requirements for environmental protection.

(3) Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality matters are regulated by way of the licensee's NPBES TPDES permit.

Appendix B - Comanche Peak 1-1

[CPSES/OL Page 1-39, Original]

2.0 Environmental Protection Issues In the FES-OL, dated September 1981, the staff considered the environmental impacts associated with the operation of the two-unit Comanche Peak Steam Electric Station (CPSES). Certain environmental issues were identified which required study or license conditions to resolve environmental concerns and to assure adequate protection of the environment.

2.1 Aquatic Issues The aquatic issues identified by the State in the FES-OL were as follows:

(1) Effects of the intake structure on aquatic biota during operation (FES-OL Section 5.5.2.3).

(2) Effects of the circulating water chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1).

The second issue above, "Effects of the circulating water chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1)," no longer applies because the EPA, PjDeE-G TPDES permit no longer requires that such a study be performed.

Aquatic matters are addressed by the effluent limitations; and monitoring requirements, and the Section 316(b) de..nstration "e..ui .emen. contained in the effective NP)'ES TPDES permit issued by the U.S. Environmental Protection Agency (Region VI)Texas Commission on Environmental Quality. The NRC will rely on this agency for regulation of matters involving water quality and aquatic biota.

2.2 Terrestrial Issues The terrestrial issue identified by the staff in the FES-OL was as follows:

(1) Potential impacts resulting from the use of groundwater by the station during operation (FES-OL Section 5.3.1.2).

NRC requirements with regard to the terrestrial issue are specified in Subsection 4.2 of this EPP.

Appendix B - Comanche Peak 2-1

[CPSES/OL Page 1-40, Original]

3.0 Consistency Requirements 3.1 Plant Design and Operation The licensee may make changes in station design or operation or perform tests or experiments affecting the environment provided such activities do not involve an unreviewed environmental question and do not involve a change in the EPP*. Changes in station design or operation or performance of tests or experiments which do not affect the environment are not subject to the requirements of this EPP. Activities governed by Subsection 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an environmental evaluation of such activity.

Activities are excluded from this requirement if all measurable nonradiological environmental effects are confined to the onsite areas previously disturbed during site preparation and plant construction. When the evaluation indicates that such activity involves an unreviewed environmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval. When such activity involves a change in the EPP, such activity and change to the EPP may be implemented only in accordance with an appropriate license amendment as set forth in Subsection 5.3 of this EPP.

A proposed change, test, or experiment shall be deemed to involve an unreviewed environmental question if it concerns: (1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the FES-OL, in environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level; or (3) a matter, not previously reviewed and evaluated in the documents specified in (1) of this Subsection, which may have a significant adverse environmental impact.

The licensee shall maintain records of changes in facility design or operation and of tests and experiments carried out pursuant to this Subsection. These records shall include written evaluations which provide bases for the determination that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0. The licensee shall include as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests, and experiments.

3.2 Reporting Related to the NP1DES TPDES Permit and State . ert"fication Changes to, or renewals of, the NP.-ES TPDES permit or the State ceriification shall be reported to the NRC within 30 days following the date the change or renewal is approved. If a permit oi certification, in part or in its entirety, is appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.

This provision does not relieve the licensee of the requirements of 10 CFR 50.59.

Appendix B - Comanche Peak 3-1

[CPSES/OL Page 1-41, Original]

The licensee shall notify the NRC of changes to the effective NPEE TPDES permit that are proposed by the licensee by providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The licensee shall provide the NRC with a copy of the application for renewal of the NPES TPDES permit at the same time the application is submitted to the permitting agency.

3.3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation and performance of tests or experiments which are required to achieve compliance with other Federal, State, and local environmental regulations are not subject to the requirements of Subsection 3.1.

Appendix B - Comanche Peak 3-2

[CPSES/OL, Page 1-42, Original]

4.0 Environmental Conditions 4.1 Unusual or Important Environmental Events Any occurrence of an unusual or important event that indicates or could result in significant environmental impact causally related to plant operation shall be recorded and reported to the NRC within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months , followed by a written report per Subsection 5.4.2. The following are examples of such events: excessive bird impaction events, onsite plant or animal disease outbreaks, mortality or unusual occurrence of any species protected by the Endangered Species Act of 1973, fish kills, increase in nuisance organisms or conditions, and unanticipated or emergency discharge of waste water or chemical substances.

No routine monitoring programs are required to implement this condition.

4.2 Environmental Monitoring 4.2.1 Groundwater Levels and Station Water Use Monitoring Groundwater levels in the onsite observation wells identified as OB-3 and OB-4 in the FES-OL (Figure 4-3) shall be monitored and recorded monthly when the groundwater pumpage rate by CPSES is less than or equal to 30 gallons per minute (gpm) and weekly when the CPSES average monthly rate exceeds 30 gpm for the previous month. Water levels shall be read and recorded on approximately the same day of the month when monitoring monthly and on the same day of the week when monitoring weekly (an aid in interpreting the results by minimizing the influence of cyclic water use patterns of the aquifer by others on the observed water levels).

A monthly record of the total number of gallons pumped from each of the onsite production wells shall be maintained, including an average monthly pumpage rate in gpm.

A monthly record showing the rate and total amount of surface water processed by the onsite water treatment facility shall be maintained by the licensee on a monthly basis. This record shall include the process rate in gallons per minute and the total amount in gallons.

The licensee shall include the results of this monitoring program as part of the Annual Operating Report (see Subsection 5.4.1).

4.2.2 Water Treatment Facility Outages Impact Assessment and Reporting The following outage of the onsite water treatment facility shall be reported to the NRC:

(1) Routine or unplanned outages that exceed 30 consecutive days.

(2) Any outage of at least 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months duration, beginning with the third such outage in a calendar year, if these eutages are groundwater is used to supplement the supply of treated surface water during the outage and is accompanied by an increase in the monthly average groundwater pumpage to a rate exceeding Appendix B - Comanche Peak 4-1

[CPSES/OL Page 1-43, Original]

30 gpm. When it is determined that either routine or unplanned outages will exceed 30 consecutive days and when the groundwater pumpage rate will be greater than 30 gpm when averaged over the outage period, the licensee will prepare and submit a report to the NRC within 15 days after a determination of the extended outage is made. This report shall include (1) a discussion of the reason for the extended outage, (2) the expected duration of the outage, (3) an estimate of the date or the time required to return the onsite water treatment facility to operation, (4) a determination of the potential for lowering the groundwater levels in offsite wells, (5) an assessment of the impact of the projected groundwater level decline, and (6) a proposed course of action to mitigate any adverse effects.

Appendix B - Comanche Peak 4-2

[CPSES/OL Page 1-44, Original]

5.0 Administrative Procedures 5.1 Review and Audit The licensee shall provide for review and audit of compliance with the EPP. The audits shall be conducted independently of the individual or groups responsible for performing the specific activity.

A description of the organization structure utilized to achieve the independent review and audit function and the results of audit activities shall be maintained and made available for inspection.

5.2 Records Retention Records and logs relative to the environmental aspects of station operation shall be made and retained in a manner convenient for review and inspection. These records and logs shall be made available to NRC on request.

Records of modifications to station structures, systems, and components determined to potentially affect the continued protection of the environment shall be retained for the life of the station. All other records, data and logs relating to this EPP shall be retained for 5 years or, where applicable, in accordance with the requirements of other agencies.

5.3 Changes in Environmental Protection Plan Requests for changes in the EPP shall include an assessment of the environmental impact of the proposed change and a supporting justification. Implementation of such changes in the EPP shall not commence prior to NRC approval of the proposed changes in the form of a license amendment incorporating the appropriate revision to the EPP.

5.4 Plant Reporting Requirements 5.4.1 Routine Reports An Annual Environmental Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May 1 of each year. The initial report shall be submitted prior to May 1 of the year following issuance of the operating license. The period of the first report shall begin with the date of issuance of the operating license.

The report shall include summaries and analyses of the results of the environmental protection activities required by Subsection 4.2 of this EPP for the report period, including a comparison with related preoperational studies, operational controls (as appropriate), and previous nonradiological environmental monitoring reports, and an assessment of the observed impacts of plant operation on the environment. If harmful effects or evidence of trends toward irreversible damage to the environment are observed, the licensee shall provide a detailed analysis of the data and a proposed course of mitigating action.

Appendix B - Comanche Peak 5-1

[CPSES/01- Page 1-45, Original]

The Annual Environmental Operating Report shall also include:

(1) A list of EPP noncompliances and the corrective actions taken to remedy them.

(2) A list of all changes in station design or operation, tests, and experiments made in accordance with Subsection 3.1 which involved a potentially significant unreviewed environmental question.

(3) A list of nonroutine reports submitted in accordance with Subsection 5.4.2.

(4) A summary list of NPBES TPDES permit-related reports relative to matters identified in Subsection 2.1 which were sent to the U.S. Environmental Protection Agency Region VI Texas Commission on Environmental Quality during the report period.

In the event that some results are not available by the report due date, the report shall be submitted noting and explaining the missing results. The missing results shall be submitted as soon as possible in a supplementary report.

5.4.2 Nonroutine Reports A written report shall be submitted to the NRC within 30 days of occurrence of a nonroutine event.

The report shall (a) describe, analyze, and evaluate the event, including extent and magnitude of the impact and plant operating characteristics; (b) describe the probable cause of the event; (c) indicate the action taken to correct the reported event; (d) indicate the corrective action taken to preclude repetition of the event and to prevent similar occurrences involving similar components or systems; and (e) indicate the agencies notified and their preliminary responses.

Events reportable under this subsection which also require reports to other Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of the requirements of this subsection. The NRC shall be provided with a copy of such a report at the same time it is submitted to the other agency.

Appendix B - Comanche Peak 5-2

[CPSES/OL Page 1-46, Original]

ATTACHMENT 3 to TXX-02198 RETYPED PAGES FOR OPERATING LICENSES License No. NPF-87, Appendix B Pages License No. NPF-89, Appendix B Pages

APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-87 TXU GENERATION COMPANY LP COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 DOCKET NO. 50-445 ENVIRONMENTAL PROTECTION PLAN (NON RADIOLOGICAL)

Amendment No. 90

COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL.)

TABLE OF CONTENTS Section Page 1.0 Objectives of the Environmental Protection Plan ............................................. 1-1 2.0 Environmental Protection Issues ..................................................................... 2-1 2.1 Aquatic Issues ........................................................................................... 2-1 2.2 Terrestrial Issues ...................................................................................... 2-1 3.0 Consistency Requirements ............................................................................. 3-1 3.1 Plant Design and Operation .................................................................... 3-1 3.2 Reporting Related to the TPDES Permit ................................................ 3-1 3.3 Changes Required for Compliance with Other Environmental Regulations ...................................................................... 3-2 4.0 Environmental Conditions ............................................................................... 4-1 4.1 Unusual or Important Environmental Events ............................................. 4-1 4.2 Environmental Monitoring .......................................................................... 4-1 5.0 Administrative Procedures ............................................................................... 5-1 5.1 Review and Audit .................................................................................... 5-1 5.2 Records Retention .................................................................................. 5-1 5.3 Changes in Environmental Protection Plan ............................................. 5-1 5.4 Plant Reporting Requirements ................................................................ 5-1

[CPSES/OL, Page 1-11, Original]

1.0 Objectives of the Environmental Protection Plan The purpose of the Environmental Protection Plan (EPP) is to provide for protection of nonradiological environmental values during operation of the nuclear facility. The principal objectives of the EPP are as follows:

(1) Verify that the facility is operated in an environmentally acceptable manner, as established by the Final Environmental Statement - Operating License Stage (FES-OL) and other NRC environmental impact assessments.

(2) Coordinate NRC requirements and maintain consistency with other Federal, State, and local requirements for environmental protection.

(3) Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality matters are regulated by way of the licensee's TPDES permit. I Appendix B - Comanche Peak 1-1

[CPSES/OL, Page 1-12 Original]

2.0 Environmental Protection Issues In the FES-OL, dated September 1981, the staff considered the environmental impacts associated with the operation of the two-unit Comanche Peak Steam Electric Station (CPSES). Certain environmental issues were identified which required study or license conditions to resolve environmental concerns and to assure adequate protection of the environment.

2.1 Aquatic Issues The aquatic issues identified by the State in the FES-OL were as follows:

(1) Effects of the intake structure on aquatic biota during operation (FES-OL Section 5.5.2.3).

(2) Effects of the circulating water chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1).

The second issue above, "Effects of the circulating water chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1, 5.3.4.1, and 5.11.3.1)," no longer applies because the service water and circulating water chlorination system is no longer used at CPSES and the TPDES permit no longer requires that such a study be performed.

Aquatic matters are addressed by the effluent limitations and monitoring requirements contained in the effective TPDES permit issued by the Texas Commission on Environmental Quality. The NRC will rely on this agency for regulation of matters involving water quality and aquatic biota.

2.2 Terrestrial Issues The terrestrial issue identified by the staff in the FES-OL was as follows:

(1) Potential impacts resulting from the use of groundwater by the station during operation (FES OL Section 5.3.1.2).

NRC requirements with regard to the terrestrial issue are specified in Subsection 4.2 of this EPP.

Appendix B - Comanche Peak 2-1

[CPSES/OL, Page 1-13, Original]

3.0 Consistency Requirements 3.1 Plant Design and Operation The licensee may make changes in station design or operation or perform tests or experiments affecting the environment provided such activities do not involve an unreviewed environmental question and do not involve a change in the EPP*. Changes in station design or operation or performance of tests or experiments which do not affect the environment are not subject to the requirements of this EPP. Activities governed by Subsection 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an environmental evaluation of such activity.

Activities are excluded from this requirement if all measurable nonradiological environmental effects are confined to the onsite areas previously disturbed during site preparation and plant construction.

When the evaluation indicates that such activity involves an unreviewed environmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval. When such activity involves a change in the EPP, such activity and change to the EPP may be implemented only in accordance with an appropriate license amendment as set forth in Subsection 5.3 of this EPP.

A proposed change, test, or experiment shall be deemed to involve an unreviewed environmental question if it concerns: (1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the FES-OL, in environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level; or (3) a matter, not previously reviewed and evaluated in the documents specified in (1) of this Subsection, which may have a significant adverse environmental impact.

The licensee shall maintain records of changes in facility design or operation and of tests and experiments carried out pursuant to this Subsection. These records shall include written evaluations which provide bases for the determination that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0. The licensee shall include as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests, and experiments.

3.2 Reporting Related to the TPDES Permit Changes to, or renewals of, the TPDES permit shall be reported to the NRC within 30 days following the date the change or renewal is approved. If a permit, in part or in its entirety, is appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.

This provision does not relieve the licensee of the requirements of 10 CFR 50.59.

Appendix B - Comanche Peak 3-1 Amendment No. 12

[CPSES/01- Page 111-10, Original]

The licensee shall notify the NRC of changes to the effective TPDES permit that are proposed by the I licensee by providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The licensee shall provide the NRC with a copy of the application for renewal of the TPDES permit at the same time the application is submitted to the permitting agency. I 3.3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation and performance of tests or experiments which are required to achieve compliance with other Federal, State, and local environmental regulations are not subject to the requirements of Subsection 3.1.