ML063240331

Comment (2) of Christopher M. Hogan on the Environmental Report - License Renewal Application for James A. FitzPatrick Nuclear Power Plant

ML063240331
Person / Time
Site:	FitzPatrick
Issue date:	11/14/2006
From:	Hogan C State of NY, Dept of Environmental Conservation
To:	Hernandez-Quinones S Office of Nuclear Reactor Regulation
References
71FR55032 00002
Download: ML063240331 (4)

Text

IS a -mu'-e"i-H-er'n-"a'n-"d"e"z'-'Q'u'in'o'-n-e"s,"-,--C-,o,-m-me

-nts o-n-"F"i-t-z,"P,"a",t-,r-i"c,-k',

Samuel ~

ez-Quinones-Comrnent n FitzPatrick Page 1 I

From:

"Chris Hogan" <cmhogan @gw.dec.state.ny.us>

To:

<shq@nrc.gov>

Date:

11/14/2006 12:23:22 PM

Subject:

Comments on FitzPatrick Please see the attached comments on the Environmental Report included with the license application for FitzPatrick. Thank you.

Christopher M. Hogan Project Manager NYS Department of Environmental Conservation Division of Environmental Permits 625 Broadway, 4th Floor Albany, New York 12233 (518) 402-9151 CC:

"William Little" <wglittle@gw.dec.state.ny.us>, "Alyse Peterson" <alp@nyserda.org>

K7ZJ C-rn

(-,)

El

~7;i Cl)

Z~e~-1-e 2~

c:\\tempGW}OOTO

.MP Page 1 PagefJI Mail Envelope Properties (4559FB83.891 :4 : 30865)

Subject:

,Creation Date From:

Created By:

Comments on FitzPatrick 11/14/2006 12:22:19 PM "Chris Hogan" <cmhogan @ gw.dec.state.ny.us>

cmhoaan @ 2w.dec.state.nV.us Recipients nrc.gov TWGWPO03.HQGWDOO1 SHQ (Samuel Hemandez-Quinones) nyserda.org alp CC (Alyse Peterson) gw.dec.state.ny.us wglittle CC (William Little)

Post Office TWGWPO03.HQGWDOOI Route' nrc.gov nyserda.org gw.dec.state.ny.us Files Size MESSAGE 309 DEC Comment letter of Fitzpatrick.pdf Mime.822 98698 Date & Time 11/14/2006 12:22:19 PM 70701 Options Expiration Date:

Priority:

ReplyRequested:

Return Notification:

Concealed

Subject:

Security:

None Standard No None No Standard Junk Mail Handling Evaluation Results Message is eligible for Junk Mail handling This message was not classified as Junk Mail Junk Mail settings when this message was delivered Junk Mail handling disabled by User

New York State Department of Environmental Conservation Division of Environmental Permits, 40 Floor 625 Broadway, Albany, New York 12233-1750 Phone: (518) 402-9167, FAX: (518) 402-9168 Website: www.dec. state.ny us Denise M. Sheehan Commissioner November 14, 2006 Sam Hernandez U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE:

James A. FitzPatrick Nuclear Power Plant NRC License Renewal Application Environmental Report

Dear Mr. Hernandez:

Attached please find a copy of the Department's comments regarding the Environmental Report included as part of License Renewal Application for the James A. FitzPatrick Nuclear Power Plant. The Department appreciates the opportunity to comment and looks forward to participating in the license renewal process.

Please contact me if you have any questions regarding the Department's comments.

Since ly, her M. Hog Project Manager 7 cc:

B. Little A. Peterson, NYSERDA D. Harrison, Entergy M-Rogers, Entergy

New York State Department of Environmental Conservation Comments on the Environmental Report - License Renewal Application James A. FitzPatrick Nuclear Power Plant

1)

Appendix E; Section 4.2: Entrainment of Fish and Shellfish in Early Life Stages, and Section 4.3: Impingement of Fish and Shellfish Statements regarding previous Departmental BTA decisions for FitzPatrick are overstated. While in 1996 and 2001 the Department determined that the high frequency/high amplitude acoustic fish deterrent system (FDS) was BTA for reducing impingement, the Department did not state that the FDS was BTA for reducing entrainment. In fact, the letter Entergy used as a reference specifically states, "Moreover, the fish deterrent system has not been evaluated as an entrainment mitigative device..." In addition, while the SPDES Permit Fact Sheet that accompanied the 1996 and 2001 SPDES permits discussed the potential benefit of the FDS for reducing alewife entrainment, it referenced the need for studies to determine the effectiveness of the FDS system on larval life stages of alewives. Requirements for these studies were made part of the SPDES permit, but Department records indicate that the study was never conducted.

Even if the study had been completed and the Department had made a BTA determination regarding entrainment, documented changes in the fish community in Lake Ontario (as described in Appendix E, Section 2.2.4 of the license renewal application) compel a review of previous determinations to determine if changes are warranted. To that end, Entergy is currently conducting biological sampling at FitzPatrick to determine the extent of current impacts. Data from this sampling

'will be included in a Comprehensive Demonstration Study that Entergy must submit to the Department in early 2008. A new BTA decision will be based, in part, on the Comprehensive Demonstration Study. Thus, conclusory statements that entrainment impacts do not warrant mitigation are premature. Decisions regarding the need for mitigation will be addressed via the SPDES permit process.

2)

Section 6.2 Mitigation Entergy's contention that "the current permits, practices, and programs that mitigate the environmental impacts of plant operations are adequate (page 6-1)"

are not necessarily accurate. For example, the decision regarding adequacy of mitigative measures for addressing impacts from impingement and entrainment will be addressed via the SPDES permit process. That permit process will address the adequacy of current practices and, if necessary, will result in requirements for additional measures to reduce impacts. In addition and as explained above, statements in Table 6-1 regarding past BTA determinations are overstated.

3)

General Counter to statements contained in Section 4.2.6, Section 4.3.6, and Table 6-1, federal regulations do not require limiting the focus of mitigation requirements to impacts on fishpopulations (See 10 CFR 51.53(c) and 10 CFR 51.45 (c)). In fact, the federal regulations dealing with impingement and entrainment at power plants focus on the reduction in the numbers of individual organisms (See 40 CFR 125 -

Subparts I and J).