ML020290224

Florida Power and Light Co., Letter Re St. Lucie Units 1 and 2 Proposed License Amendments Environmental Plan Revision

ML020290224
Person / Time
Site:	Saint Lucie
Issue date:	01/25/2002
From:	Jernigan D Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
FOIA/PA-2003-0189, L-2002-04
Download: ML020290224 (30)

Text

Florida Power & Light Company, 6501 South Ocean Drive, Jensen Beach, FL 34957 L

January 25, 2002 F=PL L-2002-04 10 CFR 50.90 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555 RE:

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 Proposed License Amendments Environmental Protection Plan Revision Pursuant to 10 CFR 50.90, Florida Power & Light Company (FPL) requests the following amendments to the Facility Operating Licenses for St. Lucie Units 1 and 2.

The proposed amendments revise the Unit 1 and Unit 2 Environmental Protection Plans (EPP) Section 4.2 to incorporate the revised terms and conditions of the Incidental Take Statement included in the Biological Opinion issued by the National Marine Fisheries Service (NMFS) on May 4, 2001 as clarified by NMFS letter dated October 8, 2001.

FPL agreed to submit a proposed license amendment incorporating the changes issued in the biological opinion by March 31, 2002.

On May 1, 1995, The Florida Department of Environmental Protection (FDEP) was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the National Pollutant Discharge Elimination System (NPDES) permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document. A copy of the FAC 62-620 was submitted to the NRC by FPL letter, L-95-150, on May 16, 1995. The resulting single document Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056-194945.

This change in administrative authority and the NPDES permit requires conforming amendments to Environmental Protection Plans (EPP), Appendix B, Sections 1, 2, and 3 of the St. Lucie Units I and 2 Operating Licenses. These amendments incorporate the administrative revisions necessary to change the reference from the NPDES permit to the Wastewater permit in the EPPs. is a description of the proposed changes to the EPPs and the analysis in support of the proposed changes. Attachment 2 is the "Determination of No Significant Hazards Consideration." Attachment 3 is a marked up copy of the St. Lucie Unit 1 EPP. is a marked up copy of the Unit 2 EPP.

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an FPL Group company

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Page 2 The proposed amendments have been reviewed by the St. Lucie Facility Review Group and the Florida Power & Light Company Nuclear Review Board. In accordance with 10 CFR 50.91(b)(1), copies of the proposed amendments are being forwarded to the State Designee for the State of Florida.

Please contact George Madden at 561-467-7155 if there are any questions about this submitta I ce Ify u der penalty of perjury that the forgoing is true and correct.

'Donald E. Jerk Vice President St. Lucie Plant DEJ/GRM Attachments cc:

Mr. William A. Passetti, Florida Department of Health

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 1 Page 1 ATTACHMENT 1 DESCRIPTION OF THE PROPOSED CHANGES

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 1 Page 2

Background

On November 30, 1999, the NRC formally requested reinitiation of the ESA Section 7(a)

Consultation after the St. Lucie Plant exceeded the NMFS anticipated incidental take of three green turtles per year established in the Incidental Take Statement (ITS) of the 1997 Biological Opinion as incorporated in the St. Lucie Environmental Protection Plans (EPP). On May 4, 2001, the NMFS issued a revised Biological Opinion that states that the continued operation of the circulating seawater cooling system at the St.

Lucie Plant is not likely to jeopardize the continued existence of the five species of sea turtles found at St. Lucie. However, it revised the ITS and modified some of the terms and conditions of the previous Biological Opinion. After discussions among the NRC, NMFS, and FPL and in response to an NRC letter dated June 8, 2001, the NMFS issued a clarification of the issues in the new Biological Opinion and the ITS on October 8, 2001.

On November 6, 2001, NRC issued the clarifications to FPL and requested FPL to revise the EPPs to incorporate the modified terms and conditions of the Biological Opinion and the revised ITS. The proposed amendments would implement the changes to the Biological Opinion and the ITS.

On May 1, 1995, The FDEP was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State issued wastewater permit for each facility were to be combined into one document. A copy of the FAC 62-620 was submitted to the NRC by FPL letter, L-95-150, on May 16, 1995. The resulting single document, Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056-194945. This change in administrative authority and the NPDES permit requires conforming amendments to Environmental Protection Plans (EPP), Appendix B, of the St. Lucie Unit 1 and Unit 2 Operating Licenses. These amendments also incorporate the administrative revisions necessary to change the reference from the NPDES permit to the Wastewater permit in the EPPs.

Description of the Changes

1. On May 1, 1995, The FDEP was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document. A copy of the FAC 62-620 was submitted to the NRC by FPL letter, L-95 150, on May 16, 1995.

The resulting single document, Wastewater Permit No.

FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056-194945. The following conforming changes are required in Sections 1, 2, and 3 of the Unit I and Unit 2 EPPs.

Section 1.0 - Change "NPDES" to "Wastewater."

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 1 Page 3 Section 2 - Add the following paragraph to the end of Section 2.1 of the Unit I EPP and the end of Section 2.0 of the Unit 2 EPP.

On May 1, 1995, The FDEP was granted authority by the U.S.

Environmental Protection Agency (EPA) to administer the NPDES permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document.

A copy of the FAC 62-620 was submitted to the NRC by FPL letter, L-95 150, on May 16, 1995. The resulting single document, Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056-194945.

Section 3.2 - Change "NPDES" to "Wastewater."

2. On November 30, 1999, the NRC formally requested reinitiation of the ESA Section 7(a) Consultation after the St. Lucie Plant exceeded the NMFS anticipated incidental take of three green turtles per year established in the Incidental Take Statement (ITS) of the 1997 Biological Opinion and incorporated in the St. Lucie EPPs.

On May 4, 2001, the NMFS issued a revised Biological Opinion that revised the ITS and modified some of the terms and conditions of the previous Biological Opinion. After discussions among the NRC, NMFS, and FPL and in response to an NRC letter dated June 8, 2001, the NMFS issued a clarification of the issues in the new Biological Opinion and the ITS on October 8, 2001.

On November 6, 2001, NRC issued the clarifications to FPL and requested FPL to revise the EPPs to incorporate the modified terms and conditions of the Biological Opinion and the revised ITS.

The following changes implement the revised ITS and the revised terms and conditions. FPL is adopting generic wording similar to that approved by the NRC for Salem Units 1 and 2. The generic wording refers to the current Biological Opinion and the ITS and the terms and condition in the current Biological Opinion for the specifics. Additionally, the specific requirements and ITS limits will be specified in plant procedures. Replace Section 4.2 with the following.

Section 4.2 Terrestrial/Aquatic Issues The certifications and permits required under the Clean Water Act provide mechanisms for protecting water quality and indirectly, aquatic biota. The NRC will rely on the decisions made by the State of Florida under the authority of the Clean Water Act and, in the case of sea turtles, decisions made by the NMFS under the authority of the Endangered Species Act, for any requirements pertaining to terrestrial and aquatic monitoring.

In accordance with Section 7(a) of the Endangered Species Act, on May 4, 2001, the NMFS issued a revised Biological Opinion that modified the ITS and some of the terms and conditions of the previous Opinion. After discussions among the NRC,

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 1 Page 4 NMFS, and FPL and in response to an NRC letter dated June 8, 2001, the NMFS issued a clarification of the issues in the new Biological Opinion and the ITS on October 8, 2001. The revised Biological Opinion concludes that continued operation of the St. Lucie Plant circulating seawater cooling system is not likely to jeopardize the continued existence of the listed species.

No critical habitat has been designated for the specified species in the action area; therefore, none will be affected.

FPL shall adhere to the specific requirements within the ITS in the current Biological Opinion as clarified by the NMFS and NRC. Changes to the ITS or the terms and conditions must be preceded by consultation between the NRC, as the authorizing agency, and NMFS.

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 2 Page 1 ATTACHMENT 2 DETERMINATION OF NO SIGNIFICANT HAZARDS CONSIDERATION

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 2 Page 2 Determination Of No Significant Hazards Consideration Summary of the Proposed Changes The proposed amendments revise the Unit 1 and Unit 2 Environmental Protection Plans (EPP) Section 4.2, to generically incorporate the proposed terms and conditions of the Incidental Take Statement included in the Biological Opinion issued by the National Marine Fisheries Service (NMFS) on May 4, 2001, as clarified by NMFS letter dated October 8, 2001.

The proposed amendments also revise the Unit 1 and Unit 2 Environmental Protection Plans (EPP) Sections 1, 2, and 3 to incorporate the administrative revisions necessary to change the reference from the NPDES permit to the Wastewater permit in the EPPs. On May 1, 1995, the Florida Department of Environmental Protection (FDEP) was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the National Pollutant Discharge Elimination System (NPDES) permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document. The resulting single document Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056-194945.

This change in administrative authority and the conforming amendments to Environmental Protection Plans (EPP), Appendix B, Sections 1, 2, and 3 of the St. Lucie Units 1 and 2 Operating Licenses.

Determination of No Significant Hazards Consideration The standards used to arrive at a determination that a request for amendment involves a no significant hazards consideration are included in the Commission's regulation, 10 CFR 50.92, which states that no significant hazards considerations are involved if the operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. Each standard is discussed as follows:

(1)

Operation of the facility in accordance with the proposed amendments would not involve a significant increase in the probability or consequences of an accident previously evaluated.

The changes are administrative in nature and would in no way affect the initial conditions, assumptions, or conclusions of the St. Lucie Unit 1 or Unit 2 accident analyses. In addition, the proposed changes would not affect the operation or performance of any equipment assumed in the accident analyses. Based on the above information, we conclude that the proposed changes would not

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 2 Page 3 significantly increase the probability or consequences of an accident previously evaluated.

(2)

Use of the modified specification would not create the possibility of a new or different kind of accident from any previously evaluated.

The changes are administrative in nature and would in no way impact or alter the configuration or operation of the facilities and would create no new modes of operation. We conclude that the proposed changes would not create the possibility of a new or different kind of accident.

(3)

Use of the modified specification would not involve a significant reduction in a margin of safety.

The changes are administrative in nature and would in no way affect plant or equipment operation or the accident analysis. We conclude that the proposed changes would not result in a significant reduction in a margin of safety.

Based on the above, we have determined that the proposed amendments do not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, (2) create the probability of a new or different kind of accident from any previously evaluated, or (3) involve a significant reduction in a margin of safety; and therefore, does not involve a significant hazards consideration.

Environmental Consideration 10 CFR 51.22(c)(10) provides criteria for identification of licensing and regulatory actions eligible for categorical exclusion from performing an environmental assessment.

Issuance of an amendment to a permit or license pursuant to Part 50 is eligible for categorical exclusion if (1) it changes surety, insurance, and/or indemnity requirements, or (2) it changes recordkeeping, reporting, or administrative procedures or requirements.

The proposed license amendments revise the St. Lucie Units 1 and 2 facility operating licenses to implement the revised requirements in the NMFS Biological Opinion dated May 4, 2001. The proposed license amendments change administrative requirements and therefore, meet the criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10).

FPL has determined, pursuant to 10 CFR 51.22(b), that an environmental impact statement or environmental assessment need not be prepared in connection with issuance of the amendments.

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 1 ATTACHMENT 3 MARK UP OF THE UNIT 1 ENVIRONMENTAL PROTECTION PLAN

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 2 Insert I On May 1, 1995, the FDEP was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document.

The resulting single document, Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056 194945.

Insert 2 Section 4.2 Terrestrial/Aquatic Issues The certifications and permits required under the Clean Water Act provide mechanisms for protecting water quality and indirectly, aquatic biota.

The NRC will rely on the decisions made by the State of Florida under the authority of the Clean Water Act and, in the case of sea turtles, decisions made by the NMFS under the authority of the Endangered Species Act, for any requirements pertaining to terrestrial and aquatic monitoring.

In accordance with Section 7(a) of the Endangered Species Act, on May 4, 2001, the NMFS issued a revised Biological Opinion that revised the ITS and modified some of the terms and conditions of the previous Opinion. After discussions among the NRC, NMFS, and FPL and in response to an NRC letter dated June 8, 2001, the NMFS issued a clarification of the issues in the new Biological Opinion and the ITS on October 8, 2001. The revised Biological Opinion concludes that continued operation of the St.

Lucie Plant circulating seawater cooling system is not likely to jeopardize the continued existence of the listed species. No critical habitat has been designated for the specified species in the action area; therefore, none will be affected.

FPL shall adhere to the specific requirements within the ITS in the Biological Opinion as clarified by the NMFS and NRC. Changes to the ITS or the terms and conditions must be preceded by consultation between the NRC, as the authorizing agency, and NMFS.

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 3 1.0 Objectives of the Environmental Protection Plan The Environmental Protection Plan (EPP) is to provide for protection of the local area environment of the St. Lucie Nuclear Plant during construction and operation.

The principle objectives of the EPP are to:

1.

Verify that the plant is operated in an environmentally acceptable manner as established by the FES 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 Unit 1 FES which relate to water quality matters are to be regulated by way of the licensee's NPBE-permit 2.0 Environmental Protection Issues In the FES-OL dated June 1973, NRC staff considered the environmental impacts associated with the operation of the St. Lucie Plant Unit 1. Certain environmental issues were identified which required study or license conditions for resolution of environmental concerns and to assure adequate environmental protection. The Unit 1 Appendix B Environmental Technical Specifications accompanying license DPR-67 included discharge restrictions and monitoring Amendment No. 50

-1I-

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 4 1982, NRC will rely on EPA for resolution of issues involving the monitoring of water quality and aquatic biota.

2.2 Terrestrial issues raised have led to programs on sea turtles that:

1.

Document the nesting at the site and vicinity; determine effects of the discharge thermal plume on nesting patterns and hatchllng migration; and Investigate thermal stress on hatching and rearing factors by using turtle eggs from displaced nests

2.

Minimize turtle hatchling disorientation by planting a light screen along the beach The above programs specifically addressed as conditions in the Unit 1 FES, Operating License and Technical Specifications have been completed and the requirements have been satisfied.

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 changes, tests or experiments do not involve an unreviewed environmental question. Changes in plant design or operation or performance of tests or experiments which do not affect the environment are not subject to this requirement.

Amendment No. 50 St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 5 Activities governed by Section 3.3 of this EPP are not subject to the requirements of this section.

3.2 Reporting related to th Permit and State Certification (pursuant to Section 401 of the Clean Water Act) 1.

Violations of the #4PB~ Permit or the State 401 cert~ificatrion concdritiions shall be reported to the NRC by submittal of copies of the reports required by the 4r&

Permit or State 401 Certification.

2.

The licensee shall provide the NRC with a copy of any 316(b) studies and/or related documentation at the same time it is submitted to the permitting agency.

3.

Changes and additionsttoth 4

ermitor the Stte401 Certification shall be reported to the NRC within 30 days following the date the change is approved. If a permit or 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.

4.

The NRC shall be notified of changes to the effective Permit 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 a copy of the application for renewal ofit the Permit at the same time the application is submitted to the permitting agency.

Amendment No. 50 St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 6 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 or approval from other Federal, State, or local environmental regulations are not subject to the requirements of Section 3.1.

4.0 Environmental Conditions 4.1 Unusual or Important Environmental Events Any occurrence of an unusual or important event the indicates or could result in significant environmental impact causally related to station operation shall be recorded and promptly reported to the NRC Operations Center within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> via Emergency Notification System described in 10 CFR 50.72. In addition, the reporting requirement time frame shall be consistent with 10 CFR 50.72 for environmental protection issues. The initial report shall be followed by a written report as described In Section 5.4.2. No routine monitoring programs are required to implement this condition. Events covered by Section 3.2 of this EPP will be subject to reporting requirements as defined in that section and not subject to these requirements.

The following are examples of unusual or important events: excessive bird impaction events; onsite plant or animal disease outbreaks; mortality (causally related to station operation), or unusual occurrence of any species protected by the Endangered Species Act of 1973; unusual fish kills; increase in nuisance organisms or conditions; and unanticipated or emergency discharge of waste water or chemical substances.

4.2 TerrestriallAquatic Issues I T section addresses the issues on endangered or threatened sea turtles rai rV )

in the FES-OL, and in the Endangered Species Biological A

ent (March 182)m.Qay 1995, the NRC initiated afora atoIwt the Marine Fish ervice (NMFS) reg i g sea turtle entrapment at the St. Lucie Plant. A a

s ultation, an updated Sea Turtle Biological Assessment was s I

FPL letter L-95-309 dated November 20, 1995. This !ass ent was reviewed N-,thkMFS which issued a Biological

' ion dated February 7, 1997. The sea issues will be ad sed by the following programs.

Amendment No. 50, 162 ST. LUCIE - UNIT I St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 7

• "*"dti~to_, of E.-.ia_.geredl Spe~les~ "c.ct, Ge f

nI-u~ittaton\\

Reinitiation of formal consultation is required if: (1) the amount or exte of

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~taking specified in the Incidental Take Statement is exceeded, (2) njW information reveals effects of the action that may affect listed sp ies or critical h bitat (when designated) in a manner or to an extent not pre ously considered, (3) e Identified action is subsequently modified in a man r that causes an effec o listed species or critical habitat that was not con dered in the NMFS Biologic I Opinion dated February 7, 1997, or (4) a ne species is listed or critical hai at designated that may be affected by t identified action.

4.2.

Incidental Take tatement Section 7(b)(4) of th SA requires that en an agency action is found to comply with Section 7(

2), NMFS wil ssue a statement specifying the impact f

of any incidental taking, p viding re sonable and prudent measures necessary to minimize impacts, and se h terms and conditions that must be followed. Only incidental takin the licensee that complies with the specified terms and conditions is auth ized.

Based on historical reco s of sea turtle ca re and mortality at the St. Lucie Plant cooling waterin ke canal, NMFS anticip s that continued operation of the circulating wat system at St. Lucie Plant may ult in the capture and mortality of ogg ead, leatherback, Kemp's dley, gre

, and hawksbill turtles. Theref re, an incidental take level, and terms and ditions necessary to minimize n monitor takes is established. Variability in the e of turtle entrapme at the St. Lucie Plant is considered to be primarily a fun ion of the local a ndance of turtles, since the operational characteristics of the i ke struc res have remained constant over the years. In recent years, green le ent pment has increased at a dramatic and unpredicted rate and may continu I rease. Therefore, no take level will be specified for entrapment, capture, and elease of any species of turtle.

The ethal ta.re based on the historical observed e

e prvd fo increased to umbers of lethal takes as apment levels increase.

/Consqety w ehltae il r

pcl ne is a fixed level of the Snumbro ute fec pe--Vn rn h

aendar year, while the ote isapretgOftenu ro ut ahseies entrapped during

"*the caedryer h

letk eelwl reater Of the two

/numberserigte rviigenrpetrts.

annual incidental ST. LUCIE - UNIT 1 Amendment No. re0, 162

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 8 1.2 9 prm an Coditcr~ ~r Uns nc~entl TkeStatement The f oIwing terms and conditions are established to monitor the level take and t m mize the adverse impacts of entrapment and the possibility lethal takes:

1)

FPL shall i tall and maintain a five inches (12.7 cm) mesh b ier net across the In ke canal, east of the previously existing eight nch mesh barrier net. Th new net shall receive regular inspection, aintenance, and repair on at ast a quarterly basis. The regular mal enance schedule notwiths nding, any holes or damage to the It that are discovered shall be omptly repaired to prevent the p ssage of turtles through the banrier net.

2)

The existing eight Inch me h barrier net shall be r tamned to serve as a backup to the new five inch esh barrier net, may be lowered occasionally because of fouli and water flow roblems. The eight (8) inch mesh net shall receive reg ar inspectio, maintenance, and repair on at least a quarterly basis. The egular intenance schedule notwithstanding, any holes or dam a to t e net that are discovered shall be promptly repaired to prevent the ge of turtles through the barrier net.

/

3)

FPL shall continue its current progr to pture and release turtles K

from the intake canals. The handig o tured turtles, treatment and rehabilitation of sick and injured rtles, and isposition of dead turtle carcasses shall be In accordan with permit granted to FPL or FPL's contractor through the FDEP.

4)

Capture netting in the inta e canal shall be condu ed with a surface floating tangle net with unweighted lead line. T net must be closely and thoroughly Inspec d via boat at least once per our. Netting shall be conducted whenever ea turtles are present in the int ke canal according to the following sch dule:

a) 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> pa day, 5 days per week, under normal cirumstances; b) 12 hour1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> per day or during daylight hours, whichever less, 7 days p r week, under any of the following circumstances:

i) an adult turtle appears in the canal duringmatingo nesting season (March 1 through September 30),

lii) an Individual turtle has remained in the canal for 7 daýs or

more, iI) a leatherback turtle appears in the canal, ST. LUCIE - UNIT 1 Amendment No. 162

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 9 iv) an apparently sick or injured turtle appears in the canal.

eonable deviations from this schedule due to human safet

/sderations (i.e., severe weather) are authorized.

5)

If a t le is observed in the intake canal west of the 8 inc barrier net, directe capture efforts shall be undertaken to capture t turtle and to prevent I om entering the Intake wells.

/

6)

FPL shall im ement an NMFS approved program monitor for turtles "at the cooling ter intake wells. The program s uld include visual inspection of the *take wells by plant operation security, or biology personnel. It mus also include provisions for otifying appropriate response personnel* turtles are detected ar for safely removing turtles from the intake wells.

/

7)

FPL shall propose a plan r the desig and implementation of a study to )

elucidate the effect of vario factors turtle entrapment. These factors may include, but are not limit d to, e influence of characteristics of sea turtle behavior, population dyn s, and plant operational characteristics or environmental ctors on turtle capture rates. The proposed study plan, design, d I plementation date must be approved by NMFS.

8)

FPL shall continue to pa r 'pate in the a Turtle Stranding and Salvage Network (STSSN), und proper permits d authority, in order to assess any possible d eyed lethal impacts f capture as well as to provide background ata on the mortality so ces and health of local sea turtles. As a point f clarification, stranded seaturtles are not counted against the auth

-ed level of lethal incidental t e In the Incidental Take Statemen. Stranding Information may be u ed as the basis for the determinatio hat unanticipated impacts or levels f impact are occurring.

9)

FPL sh continue to conduct, under proper permits al authority, the ongoi sea turtle nesting programs and public service rtre walks.

10)

Ro mne Reports Copies of monthly reports covering sea turtle entrapment, capture, rehabilitation, turtle moralities, and any pertinent, unusual events shall be furnished to NMFS.

ST. LUCIE - UNIT 1 Amendment No. 162

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 3 Page 10 c)

A meeting shall "nvened between FPL, NCý discuss end ered and threatened species inforry

~devel0l fents at the St. Lucie Plant approximately rs beginning January 2000.

4.2.3 Light Screen to Minimize Turtle Disorientation Suitable plants (i.e., native vegetation such as live oak, native figs, wild tamarind, and others) shall be planted and maintained as a light screen along the beach dune line bordering the plant property to minimize turtle disorientation.

In addition, FPL owner controlled area lighting shall be shielded so that none of the light is diverted skyward.

4.3 General Exceptions The environmental conditions of the EPP Section 4 are contingent upon licensee or Its contractors being able to obtain the necessary FDEP endangered species permits to take, handle, and experiment with sea turtles. If licensee is unable to obtain the necessary permits, then NRC shall be notified of alternatives by the licensee.

5.0 Administrative Procedures 5.1 Review and Audit The licensee shall provide for review and audit of compliance with the Environmental Protection Plan. 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 results of the audit activities shall be maintained and made available for inspection.

ST. LUCIE - UNIT 1 Amendment No. 162

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page I ATTACHMENT 4 MARK UP OF THE UNIT 2 ENVIRONMENTAL PROTECTION PLAN

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 2 Insert 1 On May 1, 1995, the FDEP was granted authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES permitting programs. Pursuant to the Florida Administrative Code (FAC)62-620.105(10), the EPA-issued NPDES permit and the State-issued wastewater permit for each facility were to be combined into one document.

The resulting single document, Wastewater Permit No. FL0002208, combines the NPDES Permit FL0002208 and the State Wastewater Permit 1056 194945.

Insert 2 Section 4.2 Terrestrial/Aquatic Monitoring The certifications and permits required under the Clean Water Act provide mechanisms for protecting water quality and indirectly, aquatic biota.

The NRC will rely on the decisions made by the State of Florida under the authority of the Clean Water Act and, in the case of sea turtles, decisions made by the NMFS under the authority of the Endangered Species Act, for any requirements pertaining to terrestrial and aquatic monitoring.

In accordance with Section 7(a) of the Endangered Species Act, on May 4, 2001, the NMFS issued a revised Biological Opinion that modified the ITS and some of the terms and conditions of the previous Opinion. After discussions among the NRC, NMFS, and FPL and in response to an NRC letter dated June 8, 2001, the NMFS issued a clarification of the issues in the new Biological Opinion and the ITS on October 8, 2001.

The revised Biological Opinion concludes that continued operation of the St. Lucie Plant circulating seawater cooling system is not likely to jeopardize the continued existence of the listed species. No critical habitat has been designated for the specified species in the action area; therefore, none will be affected.

FPL shall adhere to the specific requirements within the ITS in the Biological Opinion as clarified by the NMFS and NRC. Changes to the ITS or the terms and conditions must be preceded by consultation between the NRC, as the authorizing agency, and NMFS.

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 3 1.0 Objectives of the Environmental Protection Plan The Environmental Protection Plan (EPP) is to provide for protection of the local area environment of the St. Lucie Nuclear plant during construction and operation.

The principle objectives of the EPP are to:

1.

Verify that the plant is operated in an environmentally acceptable manner, as established by the Final Environmental Statement (FES) 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 Unit 2 FES which relate to water quality matters are to be regulated by way of the licensee's NWaticial Pll"t-nt ap

.hs-.z

-i'.Rnation SytorN ('DE.C) permit.

ST. LUCIE - UNIT 2 1-1

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 4 2.0 Environmental Protection Issues In the FES-OL, the staff considered the environmental impacts associated with the operation of the St. Lucle Plant Unit 2. Certain environmental issues were identified which required study or license conditions for resolution of environmental concerns and to assure adequate environmental protection.

With assumption of aquatic monitoring programs by U.S. Environmental Protection Agency (EPA) through the NPDES program as delineated in NPDES Permit FL0002208 effective January 29, 1982, NRC will rely on EPA for resolution of issues involving the monitoring of water quality and aquatic biota. The only exception will involve the aquatic and terrestrial marine turtle programs which will be conducted under NRC jurisdiction (Section 2.1 of this EPP).

2 1.1 Terrestrial/aquatic Issues raised in the Unit 2 FES-OL on marine turtles will be addressed by programs as follows:

1.

Beach nesting surveys

2.

Engineering/behavioral studies to evaluate and/or mitigate intake entrapment

3.

Studies to evaluate and/or mitigate intake canal mortality

4.

Light screen provisions at the beach to prevent hatchling misorientation

5.

Nest survey and relocation programs in the vicinity of the beach and near shore construction areas

6.

Capture and release program including gross necropsy examinations on selected turtles NRC requirements with regard to marine turtles issues are specified in Subsection 4.2.1 of this EPP.

ST. LUCIE - UNIT 2 2-1

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 5 a~~~dante

~

~

IP AihI)C1 at5 5b~;o 3 anmaite not previaonsy reV-*iee Kidl ONvaluatd it, It*e documenlts spcifed in ()rtis$seiew Ich ot have-' a egnlflcn adverse imrnrato

rpact, The Uconsee -shallmatinsorstctrgeifaitydinorserko andw oftsts ade*ienscre otpnwant to. this Sutssetio, whso recrd shllinthside a wrien eauto hc rvd-ae o h denminatmon that th hne

est, r eaeriwl does-rot involve an Actkiviies governed by Skeoffln 3:2 atqthis EPP ate nOtt subjectt to the rS

.tssection.

1. Volaionsof he tP~tenrn orthe te~ 40 Ceftification Cniin phl be M0pord to-the fR by ubmioio oiso h eot

.2.

The licenseeshall prvd h NCwt cp fay 1ibsuies related

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t c diti. ns.. t.h.

e

• me heY are submitte*

to the r...

Agency, ST, tu M L4T Z-

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 6 change is approved. If a permit or 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,

4.

The NRC shall be notified of changes to the effective Permit 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 a copy of the application for renewal of the NE4Permit at the same time the application is submitted to the permi ing 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, or Section 3.1 local environmental regulations are not subject to the requirements of ST. LUCIE - UNIT 2 3-3

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 7 4.0 Environmental Conditions 4.1 Unusual or Important Environmental Events Any occurrence of an unusual or Important event the indicates or could result in significant environmental impact causally related to station operation shall be recorded and promptly reported to the NRC Operations Center within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> via Emergency Notification System described in 10 CFR 50.72. In addition, the reporting requirements time frame shall be consistent with 10 CFR 50.72 for environmental protection Issues. The initial report shall be followed by a written report as described in Section 5.4.2. The initial report shall be followed by a written report as described in Section 5.4.2. No routine monitoring programs are required to Implement this condition. Events covered by Section 3.2 of this EPP will be subject to reporting requirements as defined in that section and not subject to these requirements.

The following are examples of unusual or important events: excessive bird impaction events; onsite plant or animal disease outbreaks; mortality (causally related to station operation), or unusual occurrence of any species protected by the Endangered Species Act of 1973; unusual fish kills; increase in nuisance organisms or conditions; and unanticipated or emergency discharge of waste water or chemical substances.

4.2 Terrestrial/Aquatic Issues

(,

in e Unit 2 FES-OL, and In the Endangered Species Biological Asse ent S

(Mar18) n a 95 heNR ntatdafra consultatj~i"th the

/

ain Nrn iseisSevc NMFS) regarding sea tu~r ýntrapment at J,

the t u

Pat sarsuto hscnutton, an upa~ted Sea Turtle/

Bilgia As mn aEsbitdbyFI er,ý,309 dated November 20, 1995.

h' a ment was reviewed by th FS which issued a Biological Opinion dat February 7, 1997 sea turtle issues will be addressed by the followin rograms.

4.2.1 Reinitiation of Endangered Sp ct Section 7 Consultation Reinitiation of formal sultation is require (1) the amount or extent of taking specified in e Incidental Take Statemen exceeded, (2) new "ifrmto re I fet o h cin hta td species or critical S

habitat nw desigae)inamnero on extenet not vxiously considered,

/

~(3) th i entified action Is subsequently modified in a manner t ca.uses an e

ttlitdseisocrtclhbtttawanocosdrdi NMFS

/

ST. LUCIE - UNIT 2 4-1 Amendment No. 103

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 8 Biological Opinion dated February 7. 1997, or (4) a new species is list o

Sectio 7(b)(4) of the ESA requires that when an agency a ion is found to "comply Section 7(a)2), NMFS will Issue a statemen pecifying the impact of any incid tal taking, providing reasonable and prud nt measures necessary to minimize im acts, and setting forth terms and cond' ions that must be followed. Only i 'dental taking by the licensee tha omplies with the specified terms and conditio is authorized.

Based on historical reds of sea turtle captur and mortality at the St. Lucie Plant cooling water intake nal, NMFS anti ates that continued operation of the circulating water system t St. Lucie PI t may result in the capture and mortality of loggerhead, leathe ack, Ke

's ridley, green, and hawksbill turtles. Therefore, an incidental ke le el, and terms and conditions necessary to minimize and monitor takes is e ished. Variability in the rate of turtle entrapment at the St. Lucie Plant is sidered to be primarily a function of the local abundance of turtles, since t op ational characteristics of the intake structures have remained const t over t years. In recent years, green turtle entrapment has increased at a ramatic an npredicted rate and may continue to increase. Therefore, no take evel will be spe *ied for entrapment, capture, and release of any species of tu le.

4.2.2.1 Lethal Take Levels The lethal take level are based on the historical observe lethal takes, but provide for increas total numbers of lethal takes as entra ment levels increase.

Consequently, tw lethal take levels are specified: one is a fi d level of the number of turtle of each species entrapped during the calend r year, while the

/

other is a perc ntage of the number of turtles of each species e rapped during

(

the calendar ear, The allowable take level will be the greater of e two numbers, :nsiderlng the prevailing entrapment rates. The annual cidental lethal tak levels are established by the NMFS in the current ITS an specified in plant rocedures.

.2.2.2 Te and Conditions of the Incidental Take Statement T e following terms and conditions are established to monitor the level of tak nd to minimize the adverse impacts of entrapment and the possibility of letha takes:

Amendment No. 103 ST. LUCIE - UNIT 2 4-2

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 9

1)

FPL shall Install and maintain a five inches (12.7 cm) mesh barrier net b

.ss the Intake canal, east of the previously existing eight Inch mesh and pair on at least a quarterly basis. The regular maintenance sche le notwithstanding, any holes or damage to the net that ar discove d shall be promptly repaired to prevent the passage of/urtles through t barrier net.

2)

The existing e ht inch mesh barrier net shall be retained o serve as a backup to the n five inch mesh barrier net, which m be lowered occasionally beca se of fouling and water flow probl

s. The eight (8) inch mesh net shall ceive regular inspection, ma tenance, and repair on at least a quarterly asis. The regular maint ance schedule notwithstanding, any ho s or damage to the n that are discovered shall be promptly repaired to pr ent the passage turtles through the barrier net.

3)

FPL shall continue its current pr ram capture and release turtles from the intake canals. The hand Iof captured turtles, treatment and rehabilitation of sick and injured tu and disposition of dead turtle carcasses shall be In accordance It ermits granted to FPL or FPL's contractor th0rough the FDEP.

4)

Capture netting in the intake nal shall be' nducted with a surface floating tangle net with an u weighted lead lin The net must be closely and thoroughly inspected ia boat at least once er hour. Netting shall be conducted whenever se turtles are present in th ntake canal according to the following sched e:

a) 8 hour9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />sper d

, 5 days per week, under normal c umstances; b) 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> p r day or during daylight hours, whichever less, 7 days per eek, under any of the following circumstanc I) adult turtle appears in the canal during mating or nesting season (March 1 through September 30),

ii) an individual turtle has remained in the canal for 7 days

!ii) a leatherback turtle appears in the canal, iv) an apparently sick or injured turtle appears in the canal.

easonable deviations from this schedule due to human safety considerations (i.e., severe weather) are authorized.

Amendment No. 103 ST. LUCIE - UNIT 2 4-3

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 10

5)

If a turtle is observed in the intake canal west of the 8 inch barrier nf, directed capture efforts shall be undertaken to capture the turtle a to prevent It from entering the intake wells.

6)

PL shall implement an NMFS approved program to monitor r turtles a the cooling water intake wells. The program should inclu e visual Ins ection of the intake wells by plant operation, security, r biology pere nel. It must also Include provisions for notifying a propriate respo e personnel if turtles are detected and for safel removing turtles from the ntake wells.

7)

FPL shall p pose a plan for the design and imple entation of a study to elucidate the ect of various factors on turtle en apment. These factors may include, b are not limited to, the influencef characteristics of sea turtle behavior, p ulation dynamics, and plan operational characteristics or e *ironmental factors on tu le capture rates. The proposed study plan, esign, and implemen tion date must be approved by NMFS.

8)

FPL shall continue to parti cate in the a Turtle Stranding and Salvage Network (STSSN), under pro er permi and authority, in order to assess any possible delayed hal i pacts of capture as well as to provide background data on the o ality sources and health of local sea turtles. As a point of clarification, randed sea turtles are not counted against the authorized level of le a cidental take in the Incidental Take Statement. Stranding inf rmatio may be used as the basis for the determination that unanticipa d impact r levels of impact are occurring.

9)

FPL shall continue to con uct, under proper p rmits and authority, the ongoing sea turtle nesti programs and public ervice turtle walks.

10)

Routine Reports a)

Copies of m nthly reports covering sea turtle ent pment, capture, re abilitation, turtle moralities, and any peinent, unusual ents shall be furnished to NMFS.

b)

A dis sion of the topics specified in ITS condition 10 a), the inspe ion and maintenance of the barrier nets, and the peration of th Taprogge condenser tube cleaning system includi any ass ciated sponge ball loss shall be included In the Annu En ironmental Operating Report required by Section 5.4.1. A c y of this annual report shall be furnished by NMFS.

Amendment No. 103 ST. LUCIE - UNIT 2 4-4

St. Lucie Units I and 2 Docket Nos. 50-335 and 50-389 L-2002-04 Attachment 4 Page 11 4.2.3 Light Screen to Minimize Turtle Disorientation Suitable plants (i.e., native vegetation such as live oak, native figs, wild tamarind, and others) shall be planted and maintained as a light screen along the beach dune line bordering the plant property to minimize turtle disorientation.

In addition, FPL owner controlled area lighting shall be shielded so that none of the light is diverted skyward.

4.3 General Exceptions The environmental conditions of the EPP Section 4 are contingent upon licensee or its contractors being able to obtain the necessary FDEP endangered species permits to take, handle, and experiment with sea turtles. If licensee is unable to obtain the necessary permits, then NRC shall be notified of alternatives by the licensee.

ST. LUCIE - UNIT 2 4-5 Amendment No. 103