ML102730624

Lr Hearing - IPEC SPDES and Wqc: Thermal Status - Email 2 of 2

ML102730624
Person / Time
Site:	Indian Point
Issue date:	09/28/2010
From:	- No Known Affiliation
To:	Division of License Renewal
References
Download: ML102730624 (140)

Text

IPRenewal NPEmails From: Perry, Angela M. [angela.perry@morganlewis.com] on behalf of Sutton, Kathryn M.

[ksutton@morganlewis.com]

Sent: Tuesday, September 28, 2010 5:12 PM To: Turk, Sherwin

Subject:

IPEC SPDES and WQC: Thermal Status - Email 2 of 2 Attachments: IPEC SPDES Permit.pdf; 2003 Draft Permit.pdf; 2003 Fact Sheet.pdf; 2004 Draft Permit.pdf; IC Transcript Excerpt.pdf Kathryn M. Sutton Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW l Washington, DC 20004 Direct: 202.739.5738 l Main: 202.739.3000 l Fax: 202.739.3001 ksutton@morganlewis.com l www.morganlewis.com Assistant: Angela M. Perry l 202.739.5315 l angela.perry@morganlewis.com IRS Circular 230 Disclosure To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. For information about why we are required to include this legend in emails, please see http://www.morganlewis.com/circular230 DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

1

Hearing Identifier: IndianPointUnits2and3NonPublic_EX Email Number: 2043 Mail Envelope Properties (24803480EFCD204F8218841043CB0A1B1226C0038C)

Subject:

IPEC SPDES and WQC: Thermal Status - Email 2 of 2 Sent Date: 9/28/2010 5:11:49 PM Received Date: 9/28/2010 5:12:18 PM From: Perry, Angela M.

Created By: angela.perry@morganlewis.com Recipients:

"Turk, Sherwin" <Sherwin.Turk@nrc.gov>

Tracking Status: None Post Office: COPXCMS03.morganlewis.net Files Size Date & Time MESSAGE 1422 9/28/2010 5:12:18 PM IPEC SPDES Permit.pdf 3061280 2003 Draft Permit.pdf 581713 2003 Fact Sheet.pdf 255865 2004 Draft Permit.pdf 485394 IC Transcript Excerpt.pdf 74563 Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Recipients Received:

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DRAFT State Pollutant Discharge Elimination System (SPDES)

DISCHARGE PERMIT Special Conditions First3.99 Industrial Code: 4911 SPDES Number: NY- 0004472 Discharge Class (CL): 03 DEC Number:

Toxic Class (TX): T Effective Date (EDP):

Major Drainage Basin: 13 Expiration Date (ExDP):

Sub Drainage Basin: 01 Modification Dates:

Water Index Number: H Compact Area: IEC This SPDES permit is issued in compliance with Title 8 of Article 17 of the Environmental Conservation Law of New York State and in compliance with the Clean Water Act, as amended, (33 U.S.C. §1251 et.seq.)(hereinafter referred to as "the Act").

PERMITTEE NAME AND ADDRESS Name: Entergy Nuclear Indian Point Units #2 and #3 LLC Attention: Thomas Teague Street: 440 H American Avenue City: White Plains State: NY Zip Code: 10601 is authorized to discharge from the facility described below:

FACILITY NAME AND ADDRESS Name: Entergy Nuclear Indian Point Units #2 and #3 LLC Location (C,T,V): Buchanan (V) County: Westchester Facility Address: Broadway and Bleakley Avenue City: Buchanan State: NY Zip Code: 10511 NYTM -E: NYTM - N:

From Outfall No.: 001 at Latitude: 41 ( 16 1 7 2 & Longitude: 73 ( 57 1 19 2 into receiving waters known as: Hudson River Class: SB and; (list other Outfalls, Receiving Waters & Water Classifications) 001 Hudson River SB 005 Hudson River SB 01B 01P (01B-01P and 008) via 001 002 Hudson River SB 006 Hudson River SB 01C 01J 003 Hudson River SB 007 Hudson River SB 01D 01I 004 Hudson River SB 008 HR via 001 SB 01E 01L 009 Hudson River SB 01G 01N, 01M in accordance with the effluent limitations, monitoring requirements and other conditions set forth in this permit and 6 NYCRR Part 750.

DISCHARGE MONITORING REPORT (DMR) MAILING ADDRESS Mailing Name: Entergy Nuclear Indian Point Units #2 and 3 LLC Street: 295 Broadway City: Buchanan State: NY Zip Code: 10511 Responsible Official or Agent: Thomas Teague Phone: 914-734-6247 This permit and the authorization to discharge shall expire on midnight of the expiration date shown above and the permittee shall not discharge after the expiration date unless this permit has been renewed, or extended pursuant to law. To be authorized to discharge beyond the expiration date, the permittee shall apply for permit renewal not less than 180 days prior to the expiration date shown above.

DISTRIBUTION: Bureau of Water Permits Permit Administrator:

Address:

Signature: Date: / /

SPDES PERMIT NUMBER NY 000 4472 Page 2 of 25 PERMIT LIMITS, LEVELS AND MONITORING DEFINITIONS C:\MyFiles\MyFiles\ppu\PDFs\IndianPointSPDES.wpd OUTFALL WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING This cell describes the type of wastewater authorized This cell lists classified The date this page The date this page is no longer in effect. (e.g. ExDP) for discharge. Examples include process or sanitary waters of the state to which starts in effect. (e.g.

wastewater, storm water, non-contact cooling water. the listed outfall discharges. EDP or EDPM)

PARAMETER MINIMUM MAXIMUM UNITS SAMPLE FREQ. SAMPLE TYPE e.g. pH, TRC, The minimum level that must be The maximum level that may not SU, °F, Temperature, D.O. maintained at all instants in time. be exceeded at any instant in time. mg/l, etc.

PARA- EFFLUENT LIMIT PRACTICAL QUANTITATION LIMIT (PQL) ACTION LEVEL UNITS SAMPLE SAMPLE METER FREQUENCY TYPE Limit types are defined below in Note 1. The effluent For the purposes of compliance assessment, the Type I or Type II This can Examples Examples limit is developed based on the more stringent of analytical method specified in the permit shall be used Action Levels are include units include Daily, include grab, technology-based limits, required under the Clean Water to monitor the amount of the pollutant in the outfall to monitoring of flow, pH, 3/week, 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Act, or New York State water quality standards. The limit this level, provided that the laboratory analyst has requirements, as mass, weekly, composite has been derived based on existing assumptions and rules. complied with the specified quality assurance/quality defined below in Temperature, 2/month, and 3 grab These assumptions include receiving water hardness, pH control procedures in the relevant method. Monitoring Note 2, that concentration. monthly, samples and temperature; rates of this and other discharges to the results that are lower than this level must be reported, trigger additional Examples quarterly, 2/yr collected receiving stream; etc. If assumptions or rules change the but shall not be used to determine compliance with the monitoring and include g/l, and yearly. over a 6 hour6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> limit may, after due process and modification of this calculated limit. This PQL can be neither lowered nor permit review lbs/d, etc. period.

permit, change. raised without a modification of this permit. when exceeded.

Note 1: DAILY DISCHARGE.: The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling. For pollutants expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

DAILY MAX.: The highest allowable daily discharge. DAILY MIN.: The lowest allowable daily discharge.

MONTHLY AVG: The highest allowable average of daily discharges over a calendar month, calculated as the sum of each of the daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

7 DAY ARITHMETIC MEAN (7 day average): The highest allowable average of daily discharges over a calendar week.

30 DAY GEOMETRIC MEAN: The highest allowable geometric mean of daily discharges over a calendar month, calculated as the antilog of : the sum of the log of each of the daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

7 DAY GEOMETRIC MEAN: The highest allowable geometric mean of daily discharges over a calendar week.

RANGE: The minimum and maximum instantaneous measurements for the reporting period must remain between the two values shown.

Note 2: ACTION LEVELS: Routine Action Level monitoring results, if not provided for on the Discharge Monitoring Report (DMR) form, shall be appended to the DMR for the period during which the sampling was conducted. If the additional monitoring requirement is triggered as noted below, the permittee shall undertake a short-term, high-intensity monitoring program for the parameter(s). Samples identical to those required for routine monitoring purposes shall be taken on each of at least three consecutive operating and discharging days and analyzed. Results shall be expressed in terms of both concentration and mass, and shall be submitted no later than the end of the third month following the month when the additional monitoring requirement was triggered.

Results may be appended to the DMR or transmitted under separate cover to the same address. If levels higher than the Action Levels are confirmed, the permit may be reopened by the Department for consideration of revised Action Levels or effluent limits.

The permittee is not authorized to discharge any of the listed parameters at levels which may cause or contribute to a violation of water quality standards. TYPE I : The additional monitoring requirement is triggered upon receipt by the permittee of any monitoring results in excess of the stated Action Level. TYPE II: The additional monitoring requirement is triggered upon receipt by the permittee of any monitoring results that show the stated action level exceeded for four of six consecutive samples, or for two of six consecutive samples by 20 % or more, or for any one sample by 50 % or more.

SPDES PERMIT NUMBER NY 000 4472 Page 3 of 25 PERMIT LIMITS, LEVELS AND MONITORING OUTFALL No. WASTEWATER TYPE RECEIVING WATER SPECIAL CON. (SC) EFFECTIVE EXPIRING 001 Discharge Canal Hudson River 1-11 PARAMETER MINIMUM MAXIMUM UNITS SAMPLE FREQUENCY SAMPLE TYPE SPECIAL CONDITIONS (SC) pH 6.0 9.0 SU Weekly Grab COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Total Residual Chlorine NA 0.2 mg/l Continuous Recorder 9,10,11 Lithium Hydroxide NA 0.01 mg/l Monthly Grab 12 Boron NA 1.0 mg/l Monthly Grab 15 Boron NA 525 lb/day Monthly Grab 15 Flow MONITOR MONITOR MGD Continuous Recorder 6,8 Temperature NA 110 degrees Continuous Recorder 3,4,5,7 F

OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER Sum of 01C & 01D Combined Low volume Wastewater Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Lithium Hydroxide Monitor Monitor mg/l Monthly Grab

SPDES PERMIT NUMBER NY 000 4472 Page 4 of 25 OUTFALL No. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING Sum of 01B, 01C, 01D, 01J & 01L Combined Low volume Wastewater Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Flow Monitoring MGD Weekly Instantaneous 14 Total Suspended Solids 30 50 mg/l Weekly Grab 14, 16 OUTFALL No. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING 01C Unit 2 Primary Waste Disposal System Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Flow Monitoring MGD Weekly Instantaneous OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01E Water Treatment Filter and GAC Backwash Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Instantaneous

SPDES PERMIT NUMBER NY 000 4472 Page 5 of 25 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01G Units 2 & 3 Service Boiler Blowdown Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Instantaneous Phosphates as P 16 38 lb/day Monthly Grab 13 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01I Units 2 & 3 Condenser and Service Waters Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Continuous Recorder 8

SPDES PERMIT NUMBER NY 000 4472 Page 6 of 25 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 0IJ Floor Drains from Units 1, 2, 3 Buildings Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Estimate Visual Observation Oil & Grease 15 mg/l Weekly Grab 14 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER Sum of 01C, 01D and 01L Combined Discharge Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Boron Monitor Monitor mg/l Weekly Grab 18 Oil & Grease 15 mg/l Monthly Grab 17

SPDES PERMIT NUMBER NY 000 4472 Page 7 of 25 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01L Unit 3 Condenser Polisher/makeup Hudson River via Demineralizer and Ion Exchange Regeneration Discharge Canal 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily TYPE I TYPE II Max.

Flow Monitor Monitor GPD Weekly Instantaneou s

pH Range 6.0 - 9.0 SU Monthly Grab Chlorine, Total Residual NA Monitor mg/l Monthly Grab Florides 5 lbs/day Semi-Annual Grab Iron 4 mg/l Semi-Annual Grab Copper 1.0 mg/l Semi-Annual Grab OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01N Reverse Osmosis Reject Hudson River via Discharge Canal 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitor Monitor GPD Weekly Instantaneous Oil & Grease NA 15 mg/l Weekly Grab Total Suspended Solids 30 50 mg/l Weekly Grab

SPDES PERMIT NUMBER NY 000 4472 Page 8 of 25 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01P Eductor Pit Hudson River via Outfall 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitor Monitor GPD Weekly Instantaneous Oil & Grease NA 15 mg/l Weekly Grab Total Suspended Solids 30 50 mg/l Weekly Grab OUTFALL No. 01M, 002-009 - Uncontaminated Stormwater Discharge No monitoring required.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 9 of 25 SPECIAL CONDITIONS CONDITIONS FOR OUTFALL 001

1. Discharge through Outfall 001 shall occur only through the subsurface ports of the outfall structure.

2. Sampling location for Outfall 001 is to be located upstream of the discharge from the common discharge canal into the Hudson River.

3. At no time shall the maximum discharge temperature at Outfall 001 exceed 43.3 degrees C (110(F).

4. The maximum discharge temperature at Outfall 001 shall not exceed 34(C (93.2(F) for an average of more than ten days per year; provided that the daily average discharge temperature at Outfall 001 shall not exceed 34(C (93.2(F) on more than 15 days between April 15 and June 30 in any year.

5. When the temperature in the discharge canal exceeds 90(F or the site gross electric output equals or exceeds 600MW, the head differential across the outfall structure shall be maintained at a minimum of 1.75 feet.

When required, adjustment of the ports shall be made within four hours of any change in the flow rate of the circulating water pumps. If compliance is not achieved, further adjustments of the ports shall be made to achieve compliance. Flow schedules in Special Condition 6, below, shall take priority over this condition.

6. The permittee must not exceed the maximum flows listed in the table below during the specified periods, unless it is necessary to ensure the safe operation of the facility or to comply with the thermal standards contained in this permit.

Period Flow in Flow in MGD/Unit GPM/Unit January 1 - May 15 726 504,000 May 16 - May 22 806 560,000 May 23 - May 31 968 672,000 June 1 - June 8 1053 731,000 June 9 - September 30 1210 840,000 October 1 - October 31 1053 731,000 November 1 - December 31 726 504,000 If these mitigative flows are exceeded, permittee must send written notification of that exceedance within 5 business days to NYSDEC; Division of Fish, Wildlife and Marine Resources; Leader, Steam Electric Unit; 625 Broadway; Albany, NY 12233-4756.

7. a. The thermal discharge from Outfall 001 is subject to 6 NYCRR Part 704.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 10 of 25

b. Within six months of the effective date of the permit, the permittee shall submit to the NYSDEC, Division of Water, for review and approval, a protocol approvable as defined in 6 NYCRR Part 750-1.2(a)(8) for conducting a tri-axial (3-Dimensional) thermal study. The purpose of the thermal study will be to delineate the 90-degrees Fahrenheit isopleths at various depths and stages of tide to define the size of the mixing zone for the discharge from Outfall 001. The thermal study must be conducted under critical tidal current conditions when all units are operating under summer conditions. Temperatures must be recorded to the nearest degree Fahrenheit. The thermal study shall be conducted within one year after the NYSDEC approves the thermal study protocol. The results of the thermal study shall be submitted to the NYSDEC within three months of the completion of the study. The final report should also include the technical material necessary to satisfy the requirements of 6 NYCRR Part 704.3-Mixing zone criteria. Upon reviewing the results of the thermal study, the Division of Water will determine whether the requirements of 6 NYCRR Part 704.2 have been met. The protocol and final report (3 copies of each) shall be submitted to: NYSDEC, Division of Water, Director of the Bureau of Water Permits, 4th Floor, 625 Broadway, Albany, New York 12233-3505.

8. The flow of condenser cooling water discharges shall be monitored and recorded every eight hours by recording the operating mode of the circulating water pumps. Any changes in the flow rate of each circulating water pump shall be recorded, including the date and time, and reported monthly together with the Discharge Reporting Form. The permittee shall indicate whether any circulating pumps were not in operation due to pump breakdown or required pump maintenance and the period(s) (dates and times) the discharge temperature limitation was exceeded, if at all. Methods, equipment, installation, and procedures shall conform to those prescribed in the Water Measurement Manual, U.S. Department of the Interior, Bureau of Reclamation, Washington D.C.: 1967 or equivalent approved by the NYSDEC.

9. a The service water system may be chlorinated continuously.

b. Should the condenser cooling water system be chlorinated, the maximum frequency of chlorination for the condensers of each unit shall be limited to two hours per day. The total time for chlorination of the three units for which this permit is issued shall not exceed nine hours per week. Chlorination shall take place during daylight hours and shall not occur at more than one unit at a time.

10. Continuous monitoring of Total Residual Chlorine (TRC) during condenser chlorination is required. If the continuous monitor fails, is inaccurate, or is unreliable, TRC shall be monitored during condenser chlorination by analyzing grab samples taken at least once every 30 minutes during each chlorination period.

11. Grab samples shall be taken at least once daily during low level service water chlorination and at least once every 30 minutes during high level service water chlorination. During service water chlorination, Outfall 001 TRC concentrations may be determined by either direct measurement at Outfall 001 or by multiplying a measured TRC concentration in the service water system by the ratio of chlorinated service water flow to the total site flow.

CONDITIONS FOR SUB-OUTFALLS

12. The calculated quantity of lithium hydroxide in the discharge shall be determined by using the analytical results obtained from sampling that is to be performed on internal waste streams 01C and 01D.

13. Phosphate limit applies to only those internal streams at Indian Point 2 and 3 which comprise outfall 01G.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 11 of 25

14. Because Outfall 01J cannot be monitored, the following shall apply:

a. All oil spills shall be handled under the Spill Prevention Control and Countermeasure (SPCC) plan.

b. Flow into the floor drains shall not contain more than 15 mg/l of oil and grease nor any visible sheen.

c. Treated wastewater from the desilting operation within the intake structure and forebays shall be monitored once per 12 hour1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> shift on the sand filter effluent. Grab samples shall be analyzed for total suspended solids and oil and grease. An estimate of discharge flow rate and a visual observation for the presence of any visible sheen shall be made on the sand filter effluent. The limitations for this discharge event are: 15 mg/l (oil & grease), 50 mg/l (total suspended solids) and no visible sheen.

15. The calculated quantity of boron in the discharge shall be determined by using the analytical results obtained from sampling that is to be performed on internal waste streams 01B, 01C, 01D and 01L.

16. One flow proportioned composite sample of total suspended solids (TSS) shall be obtained from one grab sample taken from each of the internal waste streams 01B, 01C, 01D, 01J and 01L.

17. One grab sample of oil and grease shall be obtained from each of the internal waste streams 01C, 01D, and 01L and the samples shall be analyzed separately. The results shall be reported by computing the flow-weighted average.

18. One flow proportioned composite sample of boron shall be obtained from one grab sample taken from each of the internal waste streams 01B, 01C, 01D, 01L.

WATER QUALITY REPORTING REQUIREMENTS:

19. The permittee shall submit on an annual basis to the NYSDEC at its offices in Tarrytown and Albany (see addresses below) a month-by-month report of daily operating data in EXCEL© format, by the 28th of January of the following year, that includes the following:

a. Daily minimum, maximum and average station electrical output shall be determined and logged.

b. Daily minimum, maximum and average water use shall be directly or indirectly measured or calculated and logged.

c. Temperature of the intake and discharges shall be measured and recorded continuously. Daily minimum, maximum and average intake and discharge temperatures shall be logged.

d. One copy of each annual report must be sent to the NYSDEC; Division of Water, Bureau of Watershed Compliance Programs; 625 Broadway; Albany, New York 12233-3506; and a second copy must be sent to NYSDEC; Regional Water Engineer, Region 3; 200 White Plains Road; Tarrytown, New York 10591.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 12 of 25

20. Beginning upon the effective date of this permit, the permittee shall submit to the NYSDEC Offices in Albany and Tarrytown (see addresses in condition 19.d., above), a copy of their Semi-Annual Effluent and Waste Disposal Reports submitted to the Nuclear Regulatory Commission (NRC).

OTHER WATER QUALITY REQUIREMENTS

21. Notwithstanding any other requirements in this permit, the permittee shall also comply with all applicable Water Quality Regulations promulgated by the Interstate Environmental Commission (IEC), including Sections 1.01 and 2.05 (f) as they relate to oil and grease.

22. It is recognized that, despite the exercise of appropriate care and maintenance measures, and corrective measures by the permittee, influent quality changes, equipment malfunction, acts of God, or other circumstances beyond the control of the Permittee may, at times, result in effluent concentrations exceeding the permit limitations. The permittee may come forward to demonstrate to the NYSDEC that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The NYSDEC, however, is not obligated to wait for, or solicit, such demonstrations prior to the initiation of any enforcement proceedings, nor must it accept as valid on its face the statement made in any such demonstration.

23. All chemicals listed and/or referenced in the permit application are approved for use. If use of new biocides, corrosion control chemicals or water treatment chemicals is intended, application must be made prior to use.

No use will be approved that would cause exceedance of state water quality standards.

24. There shall be no net addition of PCBs by this facilitys discharges to the Hudson River.

BIOLOGICAL REQUIREMENTS:

25. The permittee must continue to conduct the following long term Hudson River Monitoring programs during each calendar year:

a. Long River Ichthyoplankton, Fall Shoals Trawls, and Beach Seine Survey All data recording, analysis of samples, and Quality Control and Assurance must be conducted in accordance with the 2002 Standard Operating Procedures (Normandeau Associates Inc., 2002) or in accordance with modified procedures approved in advance by the NYSDEC. The permittee must produce an annual year class report that presents the results of the above studies. Each annual report must be submitted to: NYSDEC; Division of Fish, Wildlife and Marine Resources; Leader, Steam Electric Unit, 625 Broadway, Albany, NY 12233-4756, no later than December 31 of the next calendar year.

b. Striped Bass/Atlantic Tomcod Mark-Recapture Survey All data recording, analysis of samples, and Quality Control and Assurance must be conducted in accordance with the 2001-2002 Standard Operating Procedures (Normandeau Associates Inc., 2001) or in accordance with modified procedures approved in advance by the NYSDEC. The permittee must produce an annual report that presents the results of the above study. Each annual report must be submitted to the NYSDECs Steam Electric Unit Leader within 12 months of the completion of each years field operations.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 13 of 25

26. The permittee must schedule and take annual outages of no fewer than 42 unit-days between 23 February and 23 August of each calendar year. A unit-day outage is defined as a period of 24 consecutive hours during which cooling water circulation pumps are off at either Indian Point Unit 2 or Unit 3. During these outages, cooling water circulation pumps may temporarily run for maintenance and testing activities, and service water pumps may be in operation. The permittee must give the NYSDECs Steam Electric Unit Leader an annual report that provides a list of unit-day outages for each calendar year. Annual reports must be provided to the Steam Electric Unit before 31 January of the next calendar year.

27. The Ristroph modified traveling screens number 21 through 26 and 31 through 36 must continue to be operated on continuous wash when the corresponding cooling water circulation pump is running. The low pressure wash nozzles installed at each of these screens must be operated at 4 to 15 PSI so that the fish and invertebrates are removed from the traveling screens, washed into the existing fish return sluiceway, and returned to the Hudson River. The operation of the screens and fish return system must be inspected daily and the screen wash pressures recorded in the wash operators log. The traveling screens and the fish return and handling system must minimize the mortality of fish to the maximum extent practicable.

28. The permittee must take the following steps to construct closed-cycle cooling:

a. Within six months of the effective date of this permit, the permittee must submit to the NYSDEC, Division of Environmental Permits, Chief Permit Administrator, 625 Broadway, Albany, New York 12233-1750: (i) its schedule for seeking and obtaining, during this permit term, all necessary approvals from the NRC, Federal Energy Regulatory Commission (FERC), and other governmental agencies to enable construction and operation of closed-cycle cooling at Indian Point; and (ii) a report on the progress to date of the Pre-Design Engineering Report required in special condition 28. b., below.

b. Within one year of the effective date of this permit, the permittee must submit to: NYSDEC, Division of Environmental Permits, Chief Permit Administrator, 625 Broadway, Albany, NY 12233-1750, a Pre-Design Engineering Report addressing regulatory and engineering issues, including but not limited to federal, state and local approvals, associated with installing closed-cycle cooling at Indian Point Units 1, 2, and 3. At a minimum, this report must address: (i) the potential relocation of a segment of the Algonquin Gas Companys (Algonquin) gas pipeline to construct closed-cycle cooling; (ii) the potential need for blasting to construct closed-cycle cooling and its potential impacts; (iii) particulate emissions from cooling towers; (iv) sequential construction outages at Units 2 and 3, as opposed to simultaneous construction outages; (v) the potential impacts to energy reliability and capacity associated with anticipated construction outages as well as the 42 day annual operating outages; and (vi) additional measures to reduce potential impacts to energy reliability or capacity.

c. Within one year of the effective date of this permit, the permittee may also submit a Pre-Design Engineering Report to the Chief Permit Administrator for an alternative technology(s) that will minimize adverse environmental impact to a level equivalent to that which can be achieved by closed-cycle cooling.

d. If the permittee submits a Pre-Design Engineering Report to the NYSDEC for an alternative technology(s), as provided for in special condition number 28. c., above, the NYSDEC will evaluate the capability of the proposed alternative to minimize adverse environmental impacts to a level equivalent to that which can be achieved by closed-cycle cooling. If the NYSDEC determines that

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 14 of 25 the proposed alternative may be substituted for closed-cycle cooling, it will notify the permittee and, if appropriate, will commence a proceeding to modify this permit accordingly.

e. Within one year after submission of the Pre-Design Engineering Report, the permittee must submit design plans that address all construction issues for the conversion of the cooling water systems for Units 1, 2, and 3 to a closed-cycle system, or for an alternative technology(s) if approved by the NYSDEC pursuant to special condition number 28. c. and d., above. All plans must be stamped and signed by a Professional Engineer licensed by the State of New York. The design plans must be submitted to NYSDEC, Division of Environmental Permits, Chief Permit Administrator. NYSDEC will review to determine if the design plans are consistent with this permit and its requirements.

f. The permittee must inform the NYSDEC, Division of Environmental Permits, Chief, Energy and Management Bureau, in writing within 5 business days of any application submitted to the Nuclear Regulatory Commission (NRC) for modification or extension of the current operating licenses for Units 2 and 3, which expire on September 28, 2013 and December 12, 2015, respectively.

g. Within 30 days after receipt of the NRCs approval of the proposed design plans for closed-cycle cooling for Units 1, 2 and 3, the permittee must submit for approval to the NYSDEC, Division of Environmental Permits, Chief Permit Administrator, an update of its June 2003 construction schedule (Enercon Services, Inc. 2003) reflecting any design and schedule changes resulting from the NRC approval.

h. The NYSDEC reserves the authority to unilaterally modify this permit pursuant to 6 NYCRR Part 621, or take other appropriate action in the event that: (i) the NRC modifies or denies the permittees design plans for closed-cycle cooling for Units 1, 2 and 3, (ii) any necessary proposal to a state or federal agency for relocating a segment of the Algonquin pipeline is modified or denied, or (iii) the permittee determines that it will not seek extension of its NRC licenses, and it so advises the NYSDEC, Division of Environmental Permits, Chief, Energy and Management Bureau, in writing,

29. Within six months after the effective date of this permit, and annually thereafter on January 1 of each year, the permittee must pay $24 million into an escrow account that it creates at a financial institution approved by the NYSDEC. The escrow account must be entitled the Hudson River Estuary Restoration Fund (HRERF).

All of the monies in the HRERF shall be held for the benefit of the HRERF and made available to the NYSDEC to administer for projects or programs within the Hudson River Estuary (including tributaries to the estuary below the federal dam at Troy) designed to restore, enhance or protect aquatic habitats, fish species, or the quality of Hudson River Estuary waters. These funds will not be used to support any of the permittees obligations under this permit. Payments to the HRERF are non-refundable. Partial year payments shall be prorated at $65,750 per day.

SCHEDULE OF COMPLIANCE:

30. a. The permittee shall comply with the Schedule of Compliance (following page), including the reporting requirements set forth below.

b. The permittee shall submit a written notice of compliance or non-compliance with each of the above schedule dates no later than 14 days following each elapsed date, unless conditions require more

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 15 of 25 immediate notice under terms of 6 NYCRR Part 750. All such compliance or non-compliance notification shall be sent to the locations listed under the section of this permit entitled RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS. Each notice of non-compliance shall include the following information:

1. A short description of the non-compliance;

2. A description of any actions taken or proposed by the permittee to comply with the elapsed schedule requirements without further delay and to limit environmental impact associated with the non-compliance;

3. A description of any factors which tend to explain or mitigate the non-compliance; and

4. An estimate of the date the permittee will comply with the elapsed schedule requirement and an assessment of the probability that the permittee will meet the next scheduled requirement on time.

c. Unless otherwise specified in this permit or in writing by the Department, the permittee shall submit copies of any document required by the above schedule of compliance to NYSDEC Regional Water Engineer, Region 3,200 White Plains Road, Tarrytown, New York 10591 and to the NYSDEC, Division of Water, Bureau of Water Permits, 625 Broadway, Albany, N.Y. 12233-3505.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 16 of 25 SCHEDULE OF COMPLIANCE Action Outfall Code Number(s) Compliance Action Due Date 001 Submit approvable Protocol for Tri-Axial Thermal Study. (Special condition 7) EDP + 6 months 001 Submit a report on the progress to date of the Pre-Design Engineering Report (Special EDP + 6 months Condition 28. a) 001 Submit a schedule for obtaining all necessary approvals during the permit term from the EDP + 6 months Federal Energy Regulatory Commission (FERC), Nuclear Regulatory Commission (NRC), and other governmental agencies for the construction of closed cycle cooling at Indian Point during the next permit term. (Special condition 28. a) 001 Submit a Pre-Design Engineering Report addressing regulatory and engineering issues EDP + 1 associated with installing closed cycle cooling at Units 1, 2, and 3 Year (Special condition 28.b)

N/A Permittee may submit Pre-Design Engineering Report for alternative technology(s) that EDP + 1 Year achieves minimization of adverse environmental impact equivalent to closed-cycle cooling Special Condition 28.c).

Annually, continue to ensure that biological monitoring projects [Longitudinal River Survey, EDP N/A Beach Seine Survey, Fall Shoals Trawls and Striped Bass/Atlantic Tomcod Mark Recapture Survey] are conducted according to the approved Standard Operation Procedures. Annual results from the Longitudinal River Survey, Beach Seine Survey, and Fall Shoals Trawls must be provided to the Department by 31 December of the next calendar year, while results from the Striped Bass/Atlantic Tomcod Mark Recapture Survey must be provided to the Department within 12 months of the completion of field operations. (Special condition 25)

Schedule and take outages of no fewer than 42 unit-days between 23 February and 23 August EDP N/A in each calendar year over the permit term. Submit annual reports on outages prior to 31 January of each calendar year. (Special condition 26)

N/A Annually, the permittee must pay $24 million into an Hudson River Estuary Restoration Fund. Annually These funds will be used to restore or enhance the Hudson River Estuary (Special condition 29).

Conduct Tri-Axial Thermal Study as Outlined in Special Condition 7.

001 EDP + 1.5 years Submit results of Tri-Axial Thermal Study as outlined in Special Condition 7.

001 EDP + 1.75 years Submit design plans that address all construction issues for the conversion of the cooling water N/A systems for units 1, 2, and 3 to a closed cycle system or for construction of DEC-approved EDP+ 2 alternative technology(s) (Special condition 28.e.). Years Month-by-month report of daily operating data on electrical output, water use, and intake and 001 discharge temperature (Special Condition #19). Annual Submit Semi-annual Effluent and Waste Disposal Reports prepared for NRC (Special N/A Condition 20) . Semi-Annual N/A Submit revised construction schedule reflecting NRC approval process (Special Condition 28.g.)

NRC App + 30 Days Advise NYSDEC of extension of NRC licenses (Special Condition 28.f.)

N/A October 3, 2008

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 17 of 25 STANDARD CONDITIONS MONITORING LOCATIONS The permittee shall take samples and measurements, to comply with the monitoring requirements specified in this permit, at the location(s) shown in the three figures below:

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 18 of 25

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 19 of 25

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 20 of 25 BEST MANAGEMENT PRACTICES

1. The permittee shall maintain and implement a Best Management Practices (BMP) plan to prevent, or minimize the potential for, release of significant amounts of toxic or hazardous pollutants to the waters of the State through plant site runoff; spillage and leaks; sludge or waste disposal; and storm water discharges including, but not limited to, drainage from raw material storage.

2. The permittee shall review all facility components or systems (including material storage areas; in-plant transfer, process and material handling areas; loading and unloading operations; storm water, erosion, and sediment control measures; process emergency control systems; and sludge and waste disposal areas) where toxic or hazardous pollutants are used, manufactured, stored or handled to evaluate the potential for the release of significant amounts of such pollutants to the waters of the State. In performing such an evaluation, the permittee shall consider such factors as the probability of equipment failure or improper operation, cross-contamination of storm water by process materials, settlement of facility air emissions, the effects of natural phenomena such as freezing temperatures and precipitation, fires, and the facility's history of spills and leaks. For hazardous pollutants, the list of reportable quantities as defined in 40 CFR, Part 117 may be used as a guide in determining significant amounts of releases. For toxic pollutants, the relative toxicity of the pollutant shall be considered in determining the significance of potential releases.

The review shall address all substances present at the facility that are listed as toxic pollutants under Section 307(a)(1) of the Clean Water Act or as hazardous pollutants under Section 311 of the Act or that are required to be reported on the Industrial Chemical Survey.

3. Whenever the potential for a significant release of toxic or hazardous pollutants to State waters is determined to be present, the permittee shall identify BMPs that have been established to minimize such potential releases. Where BMPs are inadequate or absent, appropriate BMPs shall be established. In selecting appropriate BMPs, the permittee shall consider typical industry practices such as spill reporting procedures, risk identification and assessment, employee training, inspections and records, preventive maintenance, good housekeeping, materials compatibility and security. In addition, the permittee may consider structural measures (such as secondary containment and erosion/sediment control devices and practices) where appropriate.

4. Development of the BMP plan shall include sampling of waste stream segments for the purpose of toxic "hot spot" identification. The economic achievability of effluent limits will not be considered until plant site "hot spot" sources have been identified, contained, removed or minimized through the imposition of site specific BMPs or application of internal facility treatment technology. For the purposes of this permit condition a "hot spot" is a segment of an industrial facility; including but not limited to soil, equipment, material storage areas, sewer lines etc.; which contributes elevated levels of problem pollutants to the wastewater and/or storm water collection system of that facility. For the purposes of this definition, problem pollutants are substances for which treatment to meet a water quality or technology requirement may, considering the results of waste stream segment sampling, be deemed unreasonable. For the purposes of this definition, an elevated level is a concentration or mass loading of the pollutant in question which is sufficiently higher than the concentration of that same pollutant at the compliance monitoring location so as to allow for an economically justifiable removal and/or isolation of the segment and/or B.A.T. treatment of wastewaters emanating from the segment.

5. The BMP plan shall be documented in narrative form and shall include any necessary plot plans, drawings or maps. Other documents already prepared for the facility such as a Safety Manual or a Spill Prevention,

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 21 of 25 Control and Countermeasure (SPCC) plan may be used as part of the plan and may be incorporated by reference. USEPA guidance for development of storm water elements of the BMP is available in the September 1992 manual "Storm Water Management for Industrial Activities," USEPA Office of Water Publication EPA 832-R-92-006 (available from NTIS, (703)487-4650, order number PB 92235969). A copy of the BMP plan shall be maintained at the facility and shall be available to authorized Department representatives upon request. As a minimum, the plan shall include the following BMP's:

a. BMP Committee e. Inspections and Records i. Security

b. Reporting of BMP f. Preventive Maintenance j. Spill prevention & response Incidents

c. Risk Identification & g. Good Housekeeping k. Erosion & sediment control Assessment

d. Employee Training h. Materials Compatibility l. Management of runoff

6. The BMP plan shall be reviewed annually and shall be modified whenever: (a) changes at the facility materially increase the potential for significant releases of toxic or hazardous pollutants, (b) actual releases indicate the plan is inadequate, or (c) a letter from the Regional Water Engineer highlights inadequacies in the plan.

7. Facilities with Petroleum and/or Chemical Bulk Storage (PBS and CBS) Areas:

Compliance must be maintained with all applicable regulations including those involving releases, registration, handling and storage (6NYCRR 595-599) and (6NYCRR 612-614). Stormwater discharges from handling and storage areas should be eliminated where practical.

A. Spill Cleanup - All spilled or leaked substances must be removed from secondary containment systems as quickly as practical and in all cases within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. The containment system must be thoroughly cleaned to remove any residual contamination which could cause contamination of stormwater and the resulting discharge of pollutants to waters of the State. Following spill cleanup the affected area must be completely flushed with clean water three times and the water removed after each flushing for proper disposal in an on-site or off-site wastewater treatment plant designed to treat such water and permitted to discharge such wastewater. Alternatively, the permittee may test the first batch of stormwater following the spill cleanup to determine discharge acceptability. If the water contains no pollutants it may be discharged. Otherwise it must be disposed of as noted above. See Discharge Monitoring below for the list of parameters to be sampled for.

B. Discharge Operation - Stormwater must be removed before it compromises the required containment system capacity. Each discharge may only proceed with the prior approval of the permittee staff person responsible for ensuring SPDES permit compliance. Bulk storage secondary containment drainage systems must be locked in a closed position except when the operator is in the process of draining accumulated stormwater. Transfer area secondary containment drainage systems must be locked in a closed position during all transfers and must not be reopened unless the transfer area is clean of contaminants. Stormwater discharges from secondary containment systems should be avoided during periods of precipitation. A logbook shall be maintained on-site noting the date, time and personnel supervising each discharge.

C. Discharge Screening - Prior to each discharge from a secondary containment system the stormwater must be screened for contamination. All stormwater must be inspected for visible evidence of contamination.

Additional screening methods shall be developed by the permittee as part of the overall BMP Plan, e.g. the use

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 22 of 25 of volatile gas meters to detect the presence of gross levels of gasoline or volatile organic compounds. If the screening indicates contamination, the permittee must collect and analyze a representative sample of the stormwater. If the water contains no pollutants it may be discharged. Otherwise it must either be disposed of in an on-site or off-site wastewater treatment plant designed to treat and permitted to discharge such wastewater or the Regional Water Engineer can be contacted to determine if it may be discharged without treatment.

D. Discharge Monitoring - Unless the discharge from any bulk storage containment system outlet is identified in the SPDES permit as an outfall with explicit effluent and monitoring requirements, the permittee shall monitor the outlet as follows:

(i) Bulk Storage Secondary Containment Systems:

(a) The volume of each discharge from each outlet must be monitored. A representative sample shall be collected of the first discharge1 following any cleaned up spill or leak. The sample must be analyzed for pH, the substance(s) stored within the containment area and any other pollutants the permittee knows or has reason to believe are present2.

(b) Every fourth discharge1 from each outlet must be sampled for pH, the substance(s) stored within the containment area and any other pollutants the permittee knows or has reason to believe are present2.

(ii) Transfer Area Secondary Containment Systems:

The first discharge1 following any spill or leak must be sampled for flow, pH, the substance(s) transferred in that area and any other pollutants the permittee knows or has reason to believe are present2.

E. Discharge Reporting - Any results of monitoring required above must be submitted to the Department by appending them to the corresponding discharge monitoring report (DMR). Failure to perform the required discharge monitoring and reporting shall constitute a violation of the terms of the SPDES permit.

F. Prohibited Discharges - In all cases, any discharge which contains a visible sheen, foam, or odor, or may cause or contribute to a violation of water quality is prohibited. The following discharges are prohibited unless specifically authorized elsewhere in this SPDES permit: spills or leaks, tank bottoms, maintenance wastewaters, wash waters where detergents or other chemicals have been used, tank hydrotest and ballast waters, contained fire fighting runoff, fire training water contaminated by contact with pollutants or containing foam or fire retardant additives, and, unnecessary discharges of water or wastewater into secondary containment systems. An example of a necessary discharge could be the addition of steam to prevent bulk storage containment area sump pumps from freezing during cold weather.

DISCHARGE NOTIFICATION REQUIREMENTS:

1 Discharge includes stormwater discharges and snow and ice removal. If applicable, a representative sample of snow and/or ice should be collected and allowed to melt prior to assessment.

2 If the stored substance is gasoline or aviation fuel then sampled for oil & grease, benzene, ethylbenzene, naphthalene, toluene and total xylenes (EPA method 602). If the stored substance is kerosene, diesel fuel, fuel oil or lubricating oil gasoline or aviation fuel then sampled for oil & grease and polynuclear aromatic hydrocarbons (EPA method 610). If the substance(s) are listed in Tables 6-8 of application form NY-2C sampling is required. If the substance(s) are listed in NY-2C Tables 9-10 sampling for appropriate indicator parameters may be required, e.g., substituting BOD5 for methanol, substituting toxicity testing for demeton. Discharge volume may be calculated by measuring the depth of water within the containment area times the wetted area converted to gallons or by other suitable methods. Form NY-2C is available on the NYSDEC web site. Contact the facility inspector for further guidance. In all cases flow and pH monitoring is required.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 23 of 25

1. The permittee shall, except as set forth in (c) below, maintain the existing identification signs at all outfalls to surface waters, which have not been waived by the Department in accordance with 17-0815-a. The sign(s) shall be conspicuous, legible and in as close proximity to the point of discharge as is reasonably possible while ensuring the maximum visibility from the surface water and shore. The signs shall be installed in such a manner to pose minimal hazard to navigation, bathing or other water related activities. If the public has access to the water from the land in the vicinity of the outfall, an identical sign shall be posted to be visible from the direction approaching the surface water.

The signs shall have minimum dimensions of eighteen inches by twenty four inches (18" x 24") and shall have white letters on a green background and contain the following information:

N.Y.S. PERMITTED DISCHARGE POINT SPDES PERMIT No.: NY__________

OUTFALL No. :____

For information about this permitted discharge contact:

Permittee Name: _________________________________________________________________________

Permittee

Contact:

Permittee Phone: ( ) - ### - ####

OR:

NYSDEC Division of Water Regional Office Address :

NYSDEC Division of Water Regional Phone: ( ) - ### -####

2. For each discharge required to have a sign in accordance with a), above, the permittee shall provide for public review at a repository accessible to the public, copies of the Discharge Monitoring Reports (DMRs) as required by the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of this permit. This repository shall be open to the public, at a minimum, during normal daytime business hours.

The repository may be at the business office repository of the permittee or at an off-premises location of its choice (such location shall be the village, town, city or county clerks office, the local library or other location as approved by the Department). In accordance with the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of your permit, each DMR shall be maintained on record for a period of three years.

3. The permittee shall periodically inspect the outfall identification signs in order to ensure that they are maintained, are still visible and contain information that is current and factually correct.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 24 of 25 RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS:

1. The permittee shall also refer to 6 NYCRR Part 750 ( http://www.dec.state.ny.us/website/regs/750.htm) for additional information concerning monitoring and reporting requirements and conditions.

2. The monitoring information required by this permit shall be summarized, signed and retained for a period of three years from the date of the sampling for subsequent inspection by the Department or its designated agent.

Also, monitoring information required by this permit shall be summarized and reported by submitting:

x (if box is checked) completed and signed Discharge Monitoring Report (DMR) forms for each 1 month reporting period to the locations specified below. Blank forms are available at the Department's Albany office listed below. The first reporting period begins on the effective date of this permit and the reports will be due no later than the 28th day of the month following the end of each reporting period.

(if box is checked) an annual report to the Regional Water Engineer at the address specified below.

The annual report is due by February 1 and must summarize information for January to December of the previous year in a format acceptable to the Department.

(if box is checked) a monthly "Wastewater Facility Operation Report..." (form 92-15-7) to the:

Regional Water Engineer County Health Department or Environmental Control Agency and/or specified below Send the original (top sheet) of each DMR page to: Send the first copy (second sheet) of each DMR page to:

Department of Environmental Conservation Department of Environmental Conservation Division of Water Regional Water Engineer, Region 3 Bureau of Watershed Compliance Programs 200 White Plains Road 625 Broadway Tarrytown, New York 10591 Albany, New York 12233-3506 Phone: 914-332-1835 Phone: (518) 402-8177

3. Noncompliance with the provisions of this permit shall be reported to the Department as prescribed in the attached General Conditions (Part II).

4. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit.

5. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 CFR Part 136 or as specified in this permit, the results of this monitoring shall be included in the calculations and recording of the data on the Discharge Monitoring Reports.

6. Calculation for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

7. Unless otherwise specified, all information recorded on the Discharge Monitoring Report shall be based upon measurements and sampling carried out during the most recently completed reporting period.

8. Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 Page 25 of 25 certificates of approval pursuant to section five hundred two of the Public Health Law shall be conducted by a laboratory which has been issued a certificate of approval. Inquiries regarding laboratory certification should be sent to the Environmental Laboratory Accreditation Program, New York State Health Department Center for Laboratories and Research, Division of Environmental Sciences , The Nelson A. Rockefeller Empire State Plaza, Albany, New York 12201.

New York State Department of Environmental Conservation Erin M. Crotty, Commissioner FACT SHEET NEW YORK STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) DRAFT PERMIT RENEWAL WITH MODIFICATION INDIAN POINT ELECTRIC GENERATING STATION Buchanan, NY - November 2003 Facility Name: Indian Point Units 1, 2 and 3 SPDES #: NY-0004472 DEC Application #s: 3-5522-00011/00004 Fig. 1: Indian Point Nuclear Generating Station, Hudson River, New York State

I. Introduction:

These fact sheets generally describe the environmental and facility operational issues and draft permit conditions of a modified SPDES permit which the Department of Environmental Conservation (Department) proposes to issue for the Indian Point Electric Generating Station in Buchanan, New York. The draft permit will be the subject of a public review and comment period, as well as an administrative hearing process (including adjudication, if determined to be appropriate), before the Department issues a final permit.

The draft permit contains conditions which address three aspects of operations at Indian Point regulated under the United States Clean Water Act (CWA; 33 USC §1251, et seq.) and parallel New York State law and regulations: conventional industrial pollutant discharges, thermal discharge, and cooling water intake structure. Limits on the conventional industrial discharges are not significantly changed from the previous permit. New conditions are included to address the thermal discharge and to implement the best technology available (BTA) for minimizing adverse impacts to aquatic resources from the cooling water intake.

Detailed discussions of water quality and biological components of the permit follow at Attachments A and B.

II. Facility

Description:

The Indian Point facility is located on the east shore of the Hudson River at about River Mile 42, in Buchanan, New York (NY), south of Peekskill, in Westchester County, NY (figure 2, below).

Indian Point Units 2 and 3 are nuclear powered steam electric generating plants owned and operated by Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Indian Point 3 LLC (Entergy - the permittee), respectively. Units 2 and 3 have a combined generating capacity of 1910MW. Indian Point Unit 1, also owned and managed by Entergy Nuclear, is no longer generating and is awaiting decommissioning; however, cooling and service water is still drawn through the Unit 1 intake.

Fig. 2: General Location of Indian Point Nuclear Generating Station on the Hudson River, New York State The Indian Point facility uses once-through cooling systems that withdraw up to 2.5 billion gallons of water per day from the Hudson River. This cooling water is drawn in through three intake structures located on the shoreline of the Hudson River. Heated non-contact cooling water is discharged back into the Hudson through sub-surface diffuser ports located along the seaward wall of the discharge canal which is located down-river (south) of the intake structures.

Some residual industrial chemicals are discharged with the thermal discharge.

The facility currently operates Ristroph modified traveling screens, a fish handling and return system, two-speed pumps in Unit 2, and variable-speed pumps in Unit 3 as measures to reduce mortality of fish and aquatic invertebrates due to operation of the cooling water intake system.

III. Hudson River Settlement Agreement:

Prior SPDES permits for the Indian Point facility (along with the Roseton and Bowline Point steam electric generating units) reflected the terms of the 1981 - 1991 Hudson River Settlement Agreement (HRSA) and four subsequent Consent Orders (effective 1992 - 1998) that generally extended HRSA conditions. The HRSA and Consent Order terms included specific provisions to partially address thermal discharges, some aquatic organism protection measures and a series of long-term studies of Hudson River fish species. The last SPDES permit for the Indian Point facility expired in 1992, but its terms have been continued under provisions of the NY State Administrative Procedure Act (SAPA).

IV. Overview of the Permit This draft permit continues the discharge limits on certain metals, solvents and other industrial pollutants contained in the current permit. In addition, it requires compliance with thermal discharge standards and includes measures to protect aquatic organisms. The thermal discharge conditions will generate data that the Department can use to determine whether the thermal discharges from Units 2 and 3, together or separately, meet New York State thermal criteria.

The conditions related to the protection of aquatic organisms will reduce impingement and entrainment of fish and other small aquatic organisms. (Large fish are impinged against the cooling water intake screens. Smaller organisms are entrained when they are drawn into and through the plants cooling water system.) Finally, the draft permit also mandates the continuation of certain aquatic resource protection measures and Hudson River monitoring studies currently in use at the facility.

A. Conventional Industrial Discharges: Discharges related to the former on-site sewage treatment plant have been discontinued because sanitary waste from Indian Point is now routed to the community wastewater treatment plant. No other significant changes are proposed to existing effluent limits.

B. Thermal Discharges: The permittee must satisfy the provisions of Section 316(a) of the CWA and related requirements in 6 NYCRR Section 704.2 which provide that the thermal discharges from Indian Point to the Hudson River should meet regulatory temperature criteria for estuaries, and must meet the NYS standard of ensuring the propagation and survival of a balanced, indigenous population of shellfish, fish and other aquatic species.

 Within the first two years of the SPDES permit term, the permittee must conduct a tri-axial (3-dimensional) thermal study to document whether the thermal discharges from Units 2 and 3 comply with NYS water quality criteria.

 In the event that the Indian Point cooling water discharge does not meet the NYS thermal criteria, the permittee may apply for a modification of one or more of the criteria as provided for under 6 NYCRR Part 704.4. In applying for a modification, the permittee must establish to the satisfaction of the Department that one or more of the criteria are unnecessarily restrictive and that the modification would not inhibit the existence and propagation of a balanced indigenous population of shellfish, fish and wildlife in the Hudson River.

 Closed-cycle cooling is an available technology which can substantially reduce the amount of heat discharged into the Hudson River by reducing intake flow.

C. Cooling Water Intake Structure: Pursuant to Section 316(b) of the CWA, and 6 NYCRR Section 704.5, the Department has determined that the site-specific best technology available (BTA) to minimize adverse environmental impact of the Indian Point Units 1, 2 and 3 cooling water intake structures is closed-cycle cooling. However, the Department will give the permittee the opportunity to propose, within a year of the permit becoming effective, an alternative technology(s) that can minimize adverse environmental impact to a level equivalent to that which can be achieved by closed-cycle cooling at this site. The Department will evaluate any proposal submitted by the permittee. If the proposed technology(s) is accepted, the Department may modify the permit accordingly.

1. Immediate Fish Protection Measures:

In addition to the steps above, upon the effective date of the SPDES permit, the permittee must take the following steps to reduce or mitigate adverse environmental impacts from the continued operation of the existing once-through cooling water intake system while steps are being taken to implement BTA.

 To reduce the number of fish and other aquatic organisms entrained by reducing water withdrawals at Indian Point, the permittee must schedule and take annual generation outages of no fewer than 42 unit-days between 23 February and 23 August of each calendar year (the entrainment season). These outages must continue until the permittee has commenced operation of a closed-cycle cooling system at the Indian Point facility.

 To minimize injury and mortality to adult and juvenile fish due to impingement on the intake screens, the permittee must continue operating the existing, Department-approved fish impingement mitigation measures (e.g., Ristroph screens, fish return sluiceway).

 To reduce entrainment when the facility is operating, the permittee must reduce flows throughout the year according to a prescribed schedule specified in the permit.

 The permittee must also, during each calendar year, continue to conduct long-term Hudson River fish monitoring programs: Long River Ichthyoplankton, Fall Shoals Trawls, Beach Seine, and Striped Bass/Atlantic Tomcod Mark-Recapture Survey.

2. Additional Compliance Measure:

Upon the effective date of the SPDES permit, the permittee must pay $24 million annually into an escrow account entitled the Hudson River Estuary Restoration Fund (HRERF), to be made available to the Department. All of the HRERF funds shall be held for the benefit of the HRERF, from which the Department will draw funds for programs or projects that are designed to restore, protect, or enhance Hudson River Estuary resources. These resources include but are not limited to aquatic habitat, fish, shellfish and other aquatic species (all life stages), and Hudson River water quality. This amount represents: a) the difference between the cost of operating and maintaining the existing facility and the cost of operating and maintaining a facility using closed-cycle cooling, and b) the expected return on unspent capital (i.e. the cost to construct cooling towers) that is instead available for investment. These annual payments will continue until the permittee has commenced construction of cooling towers for the closed-cycle cooling system at the Indian Point facility.

D. Pending Issues: Actual construction of a closed-cycle system cannot occur until certain initial investigations and proceedings have been completed. The permittee must, therefore, undertake specific steps to implement closed-cycle cooling:

1. Pre-Design Engineering Report The permittee must complete certain site-related inquiries, including but not limited to assessing: potential need for blasting as well as any potential impacts from blasting; cooling tower particulate emissions; potential need to relocate the Algonquin Gas Companys natural gas pipeline; whether construction outages for Units 2 and 3 must occur simultaneously, can be done sequentially, or under an alternative schedule; and whether the construction outages, 42 day annual operating outages, or other measures can be undertaken so as to reduce potential impacts to energy reliability or capacity. Thus, the Department is requiring the permittee to submit for approval a Pre-Design Engineering Report that addresses and resolves all regulatory and engineering issues associated with installing closed-cycle cooling for Units 1, 2, and 3. This submission must occur within one year of the effective date of the SPDES permit.

2. Detailed Engineering Plans Within one year after submission of the Pre-Design Engineering Report, the permittee must submit complete design plans that address all construction issues for conversion of Units 1, 2 and 3 to closed-cycle cooling.

3. License Modification and Other Approvals The permittee must obtain approvals for closed-cycle cooling system construction from other government agencies having authority over the nuclear power generation facilities or aspects of the construction site. This includes, but is not limited to, the permittees obtaining modifications of its operating licenses from the Nuclear Regulatory Commission (NRC) to authorize conversion to closed-cycle cooling. The NRC will review operational safety and hazard issues that arise as a consequence of the permittees proposal to convert to closed-cycle cooling. It also includes obtaining the approval of the Federal Energy Regulatory Commission (FERC) to relocate the Algonquin Gas Companys natural gas pipeline, if such relocation is determined to be necessary. Other state and local agency approvals may also be required. To address these issues, the Department is requiring the permittee to submit, within 6 months of the effective date of the SPDES permit, a schedule showing the permittees plan for seeking other necessary government approvals for the construction of closed-cycle cooling for the Indian Point facility. If the NRC denies or requires changes to Entergys application to modify its licenses, or if FERC does not approve relocation of the Algonquin pipeline, the Department may initiate a modification of the permit, or take other appropriate action.

4. NRC License Extension An important unsettled issue relates to the potential for Entergy to seek an extension of its NRC operating licenses. The Department cannot require the permittee to seek NRC license extensions. If the permittee determines that it will not extend its NRC licenses, or the NRC denies the license extensions, the Department will not require the construction of a closed-cycle cooling system. In that case the Department may also initiate a proceeding to modify the permit, including revision of the Departments BTA determination.

This permit does not require the construction of cooling towers unless: (1) the applicant seeks to renew its NRC operating licenses, (2) the NRC approves extension of the licenses, and determines that the installation and operation of closed-cycle cooling is feasible and safe, and (3) all other necessary Federal approvals are obtained. If the NRC grants extensions of the permittees licenses, the permittee must submit for Department approval a revised construction schedule to reflect any construction design or schedule changes resulting from the NRC approval process or other approvals. Entergy has estimated that once construction begins, the conversion to closed-cycle cooling will take 4 years and 9 months to complete. In order to ensure reliability of the State electric system, the Department will require that the permittee, in the process of producing the revised compliance schedule, investigate avoiding construction outages during the summer months of peak electricity consumption. Implementation of closed-cycle cooling will be subject to the specific preliminary requirements described above.

V. Attachments:

A: SPDES Permit Fact Sheet and summary of proposed permit changes for Wastewater Data, Receiving Water Data, and Permit Limit Derivation.

B: SPDES Permit Biological Fact Sheet and summary of proposed permit changes for Aquatic Resources and Best Technology Available (BTA)

Determination.

Attachment A SPDES PERMIT FACT SHEET and summary of proposed permit changes:

Wastewater Data, Receiving Water Data, and Permit Limit Derivation.

SPDES PERMIT FACT SHEET: Wastewater Data, Receiving Water Data, and, Permit Limit Derivation.

(see last pages of fact sheet for explanatory notes).

(1) General Permittee Data:

Permit Number Permittee Name Facility Name Location (C, T, V) County Industrial Code Major/Sub Basin 0004472 Entergy Nuclear, Indian Point Indian Point Nuclear Generation Facility Buchanan Westchester 4911 13-01 (2) Summary of Final Outfall Flow Rate(s) and Receiving Water Data:

Outfall Information Receiving Water Information Latitude Longitude Flow Rate (MGD) For use by WQ Engineer - Critical Data Outfall Maximum Water Index 7Q10 30Q10 Dilution/ pH Temp Hardness

1. °,, °,, Average or Design Name Class Number (MGD) (MGD) Mixing (SU) (°F) (mg/l) 001 41 16 07 73 57 19 2500 Once-Through Cooling Water & LVW SB H 002- Variable Uncontaminated Stormwater Runoff H 009 01P TBD Eductor Pit Discharge

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 , page 2 of 8 Date 11/12/03 (3) Individual Outfall Data Summaries and Permit Limit Development:

Outfall 001 Source(s) of Wastewater Once-through Cooling Water, contributory treated wastewater streams (low volume wastewater)

Existing Wastewater Treatment Facilities EPA Point Source Category & Steam Electric Power Generation 40 CFR 423 Production Rate Effluent Parameter (Units) Existing Effluent Quality Technology Based Effluent Limit Water Quality Based Effluent Limit Permit Basis (concentration units - mg/l, concentration mass PQL AWQC Effluent (T or ug/l or ng/l; mass units - lbs/d WQ) or g/d) Avg/Max 95%/99% Avg/Max 95%/99% conc. mass Type conc. Basis conc. conc. mass Type WET TESTING NA Recommended? NO Flow Rate, units = MGD Average Maximum 2500 NA NA pH (su) Minimum 6.0 Maximum 9.0 Range 40CFR423 Total Residual Chlorine mg/l 0.2 0.2 40CFR423 0.0075 T Lithium Hydroxide mg/l 0.01 0.01 BAT/BPJ NA T Boron - Acid Soluable mg/l 0.7 1.0 525 BAT/BPJ 1.0 T Temperature Degrees F* 110 110 6NYCRR Part 704

• See (4) Additional Issues Page 4 of this document SUM OF 01B,01C, 01D, 01J&

01L Total Suspended Solids mg/l 50 BCT T SUM OF 01C & 01D Hexavalent Chromium mg/l .1 BAT/BPJ 0.054 T OUTFALL 01G Phosphates as P mg/l 38 BPJ NA T

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 ,page 3 of 8 Date 11/12/03 (3) Individual Outfall Data Summaries and Permit Limit Development:

Outfalls 01M, 002-009 Source(s) of Wastewater Uncontaminated Stormwater Runoff Existing Wastewater Treatment Facilities EPA Point Source Category & 40CFR423 Production Rate Uncontaminated Stormwater Runoff - NO MONITORING REQUIRED OUTFALLS 01L, 01P and 01N Effluent Parameter (Units) Existing Effluent Quality Technology Based Effluent Limit Water Quality Based Effluent Limit Permit Basis (concentration units - mg/l, concentration mass PQL AWQC Effluent (T or ug/l or ng/l; mass units - lbs/d WQ) or g/d) Avg/Max 95%/99% Avg/Max 95%/99% conc. mass Type conc. Basis conc. conc. mass Type 01L NA Recommended? NO Flow Rate, units = Average Maximum NA pH (su) Minimum 6.0 Maximum 9.0 6.0-9.0 Range BCT T Florides 5.0 lb/day AL AL Iron 4mg/l AL AL Copper 1.0mg/l AL AL CONTRIBUTORY WASTEWATER TO 001 01P EDUCTOR PIT DISCHARGE Oil & Grease mg/l 15 BCT T Total Suspended Solids mg/l 50 BCT T 01N Oil & Grease mg/l 15 BCT T Total Suspended Solids mg/l 50 BCT T

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 ,page 4 of 8 Date 11/12/03

4) Additional Issues (see next page)

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 , page 5 of 8 Date 11/12/03 (4) Additional Issues Water Quality Based Effluent Limits (WQBELs):

New York State water quality regulations (for surface waters) are implemented by applying the Total Maximum Daily Load (TMDL) process to watersheds, drainage basins or waterbody segments on a pollutant specific basis. The analysis determines if there is a reasonable potential that the discharge of a pollutant will result in exceedance of ambient water quality criteria (AWQC). If there is a reasonable potential for an exceedance of AWQC, the TMDL is used to establish waste load allocations for point sources and load allocations for nonpoint sources of the pollutant. For point sources, the waste load allocations are translated to WQBELs for inclusion in SPDES permits.

Reference - TOGS 1.3.1; USEPA Guidance for Water Quality - Based Decisions: The TMDL Process; 40 CFR 130; and the Clean Water Act 303(d).

See also thermal discharge discussion, below.

Statistics:

The statistical methods utilized are consistent with TOGS 1.2.1 and the USEPA, Office of Water, Technical Support Document For Water Quality-based Toxics Control, March 1991, Appendix E. They are generally based on log normal analysis. If other data distributions such as normal or delta-lognormal are utilized, it is noted below. Statistical calculations were not performed for parameters with insufficient data. Generally, ten or more data points are needed to calculate percentiles. Two or more data points are necessary to calculate an average and a maximum. Non-detects were included in the statistical calculations at the reported detection limit unless otherwise noted.

Monitoring data collected during the following time period was used to calculate statistics: N/A This data was taken from the following source(s): N/A Internal Waste Stream Monitoring:

40 CFR 122.45(h)(1) allows the permit authority to monitor and limit parameters at internal locations when controlling them solely at the final outfall is impractical or infeasible. Dilution of a process wastewater with large volumes of cooling water and/or storm water is one example of when the use of an internal monitoring point is justified. Monitoring at the following internal outfalls is necessary: 01B, 01C, 01D, 01G, 01L, & 01P.

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 , page 6 of 8 Date 11/12/03 WET Testing:

Testing is required, in accordance with TOGS 1.3.2, for the following reasons: NOT REQUIRED Indicator Parameters:

In accordance with 40 CFR 122.44(e)(2), The permit writer has determined that effective treatment and/or acceptable performance for specific parameters is indicated by one or more other parameters which are limited and therefore a decision has been made to not limit or monitor these specific parameters. This judgement is based on the similarity between this and the regulated parameter(s) and historical data where available. The use of indicator parameters is not appropriate for WQBELs. Following is a list of the affected parameters: N/A Thermal:

Under Section 316(a) of the Clean Water Act (CWA), a permittee may submit a demonstration that its thermal discharge does not threaten the survival of indigenous aquatic populations even if it does not meet state water quality criteria. Such a study was prepared in 1978 by the prior owners of the Indian Point units, but it was superseded by provisions of the 1981 - 1991 Hudson River Settlement Agreement and subsequent Consent Orders effective 1992 - 1998. Based on that older 316(a) demonstration, the former operators of the Indian Point units asserted that the facility complied with the NYS thermal standard (6 NYCRR Part 704).

Based on modeling submitted with the 1999 DEIS by the prior owners of Indian Point (along with owners of two other Hudson River generating stations), the thermal criteria outlined in 6 NYCRR Part 704.2 are not being consistently maintained under the present operation of the facility. Appendix VI Chapter 6 of the 1999 DEIS, Near-field Temperature Modeling, concludes that newer analyses of the discharge from Indian Point "... indicate that it is highly likely that the exceedance of the top-width criterion, and possible the cross-sectional area criterion, would occur under slack conditions. Top-width exceedances occur under all flood scenarios . . . ." In more general terms, this means that temperatures measured at the water surface along a line running from the outfall across the river to the far shore, and measured at varying depths along the cross-section below that line from outfall to far shore, likely exceed the thermal criteria in the Departments regulations during periods with lowest river flow velocities, that is, during the transition between tidal cycles. Furthermore, temperatures at the water surface along that same line from outfall to far shore appear to exceed the thermal criteria at all flow levels classified as flood, that is, during high tides.

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 , page 7 of 8 Date 11/12/03 The permit therefore requires the permittee to conduct additional thermal studies to verify actual in-stream conditions of the thermal component of the discharge. The in-stream tri-axial study mandated by Special Condition 7 will require actual measurement of river and outfall temperatures at multiple points on the surface and at depth, along the surface and in cross-section running from the outfall and across the river to the far shore, as well as temperature measurements on the surface and at various depths at specified points running parallel to the course of the river. Using this additional data plus existing sources, the Department will be able to determine if the Indian Point facility complies with the thermal standard and whether to grant Indian Point a variance from NYS thermal criteria.

Schedule of Compliance:

A schedule of compliance items and submissions has been developed and summarizes all required submissions for the term of the permit.

5) Summary of Proposed Permit Changes:

Compared to the issued permit this draft is intended to replace, the following significant changes are proposed:

Deleted outfalls: 01A and 01F Added outfall 01P - Eductor Pit Discharge.

Added Thermal studies.

Removed all references to the now-expired Hudson River Settlement Agreement.

Includes a schedule of compliance.

SPDES PERMIT FACT SHEET: Permit Number NY 0004472 , page 8 of 8 Date 11/12/03 (6) Explanatory Notes:

Please note that some of these terms are not applicable to every fact sheet.

AL - Action level calculated in accordance with TOGS 1.2.1 (non POTWs) and TOGS 1.3.3 (POTWs). See the permit for a complete definition.

AVG or Av - Average. The arithmetic mean.

AWQC - Ambient water quality criteria for the receiving water. The applicable standard, guidance value or estimated value in accordance with TOGS 1.1.1, TOGS 1.3.1 and 6NYCRR 700-705.

Basis - The technical analysis, internal guidance, regulation and/or law upon which an effluent limit or monitoring requirement is proposed.

BAT - Best Available Technology Economically Achievable in accordance with TOGS 1.2.1 (non POTWs) and TOGS 1.3.3 (POTWs), 40 CFR 125, 6NYCRR 754, ECL 17-0811 and the Clean Water Act.

BCT - Best Conventional Control Technology in accordance with TOGS 1.3.4, 40 CFR 125, 6NYCRR 754, ECL 17-0811 and the Clean Water Act.

BPJ - Best Professional Judgement in accordance with TOGS 1.2.1 (non POTWs) and TOGS 1.3.3 (POTWs), 40 CFR 122 and 125, 6NYCRR 754.1, ECL 17-0811 and the Clean Water Act.

BPT - Best Practicable Control Technology in accordance with TOGS 1.2.1, 40 CFR 125, 6NYCRR 754, ECL 17-0811 and the Clean Water Act.

BTA- Best Technology Available Conc. - Concentration in units of mg/l, ug/l or ng/l.

Design Flow - Treatment system design capacity as noted in an approved engineering report.

EDP Effective date of permit.

Final - Final permit period requirements. A level of performance that must be achieved according to a schedule specified in either the permit or a consent order.

FERC- Federal Energy Regulatory Commission g/d - Grams per day discharged.

GW - Groundwater effluent limitation developed in accordance with TOGS 1.2.1 (nonPOTWs), TOGS 1.3.3 (POTWs), TOGS 1.1.2 and 6NYCRR 703.

Ind - Indicated parameter. See definition in section (4).

Interim - Interim permit period requirements. A level of performance that must be achieved while improvements are being implemented in order to achieve final permit period requirements.

lbs/d or #/d - Pounds per day discharged.

LVW Low volume wastes/wastewater Mass - Mass discharge in units of #/d or g/d discharge.

Max or Mx - The maximum value.

MGD - Million gallons per day.

mg/l - Milligrams per liter.

Dilution/Mixing - Used to determine dilution available in receiving waters. For lakes, estuaries and slowly flowing rivers and streams, mixing zone dilution is generally assumed to be 10:1 unless data is available to indicate otherwise.

Model - Calibrated water quality model applied in accordance with TOGS 1.3.1.

Mon - Monitor only.

NA or N/A - The characteristics of this parameter and the reported discharge levels do not justify routine monitoring or a limit. Also indicates not applicable.

ng/l - Nanograms per liter. 1000 ng/l = 1 ug/l = 0.001 mg/l.

NRC- Nuclear Regulatory Commission POTW - Publicly owned treatment works (i.e., sewage treatment plants)

PQL - The DEC published or site specific practical quantitation limit; the concentration in wastewater at which analytical results are thought to be accurate to within approximately plus or minus thirty percent.

R- Rolled Over, i.e. the specific requirement in this permit is equivalent to the previous permit. R(T) is roll over of a technology based requirement and R(WQ) is roll over of a WQBEL.

Range - The discharge is limited to a range of effluent values, e.g. a pH limit of (6.0-9.0) SU.

RREL - EPAs Risk Reduction Engineering Laboratory treatability database.

T- Technology based effluent limit or requirement.

TOGS - Technical and Operational Guidance Series. Internal guidance to permit drafters used by the NYSDEC Division of Water to aid in permit drafting.

Copies of these guidance documents may be obtained from the internet at http://www.dec.state.ny.us/website/dow/togs/index.htm.

ug/l - Micrograms per liter. 1000 ug/l = 1 mg/l.

WET- Whole Effluent Toxicity (testing). See TOGS 1.3.2.

WQ - Water quality.

WQBEL - Water quality-based effluent limit. See information in section (4).

7Q10 - The minimum average 7 consecutive day flow at a recurrence interval of 10 years. Applicable to evaluations involving aquatic health based AWQC.

30Q10 - The minimum average 30 consecutive day flow at a recurrence interval of 10 years. Applicable to evaluations involving human health based AWQC.

95% - The 95th percent confidence interval for the historical effluent data used to draft the permit.

99% - The 99th percent confidence interval for the historical effluent data used to draft the permit.

133 - Secondary treatment requirements in accordance with TOGS 1.3.3, 40 CFR 133, 6NYCRR 754, ECL 17-0509 and the Clean Water Act.

+

- These parameters represent scans. Detections vary among the compounds which are included in the scans. The listed value represents the maximum detected level of any compound in the scan.

Attachment B SPDES PERMIT BIOLOGICAL FACT SHEET and summary of proposed permit changes: Aquatic Resources and Best Technology Available (BTA) Determination

1. Biological Effects Each year Indian Point Units 2 and 3 (collectively Indian Point) cause the mortality of more than a billion fish from entrainment of various life stages of fishes through the plant and impingement of fishes on intake screens. Entrainment occurs when small fish larvae and eggs (with other aquatic organisms) are carried into and through the plant with cooling water, causing mortality from physical contact with structures and thermal stresses. Impingement occurs when larger fish are caught against racks and screens at the cooling water intakes, where these organisms may be trapped by the force of the water, suffocate, or otherwise be injured. Losses at Indian Point are distributed primarily among 7 species of fish, including bay anchovy, striped bass, white perch, blueback herring, Atlantic tomcod, alewife, and American shad. Of these, Atlantic tomcod, American shad, and white perch numbers are known to be declining in the Hudson River (ASA Analysis and Communications 2002). Thus, current losses of various life stages of fishes are substantial.

2. Alternatives Evaluated The following technologies were evaluated to determine whether they would effectively minimize adverse environmental impact from this facility:

Relocation of intake structure Technologies currently in use at Indian Point:

Fish Handling and Return Systems Ristroph Modified Traveling Screens Variable-Speed Pumps Aquatic Microfiltration Barriers Flow Reductions Closed-cycle Cooling Generation Outages Other available technologies, like wedgewire screens, were not evaluated as alternatives because they were determined not to be feasible for Indian Points site and operation.

3. Discussion of Best Technology Available According to Section 316(b) of the federal Clean Water Act and 6 NYCRR Part 704.5, the location (A), design (B), construction (C), and capacity (D) of cooling water intake structures must reflect the best technology available (BTA) for minimizing adverse environmental impact. In addition, the costs of these technologies should not be wholly disproportionate to the environmental benefits derived. The application of BTA is site-specific.

A. Location The existing intake structure is located on the shoreline of the Hudson River adjacent to the power plant. Relocation of the intake structure to another shoreline location or an offshore location would not decrease the mortality of aquatic organisms because fish eggs and larvae in this area of the Hudson River are equally abundant in all alternate locations.

Attachment B - Page 1 of 8

B. Design Technologies currently in use at Indian Point The current design of the intake structure includes Ristroph modified traveling screens, a fish handling and return system, two-speed pumps serving Unit 2, and variable-speed pumps serving Unit 3.

Traveling Screens: The Ristroph modified traveling screens are designed to reduce the mortality of fishes associated with traditional traveling screens. The screens at Indian Point also include a low pressure spray system that washes impinged fish and other larger aquatic organisms off the screens separately from debris that is removed using a high pressure spray.

Fish Handling Systems: The fish handling and return systems convey the fish and other organisms washed off the screens back into the Hudson River.

Multiple-Speed Pumps: The two-speed and variable-speed pumps allow Entergy to more precisely adjust the volume of water drawn into the plant compared to single-speed pumps. This more precise adjustment allows for a reduction in the volume of cooling water drawn into the plant, thereby reducing the numbers of aquatic organisms entrained and impinged.

According to Entergy, this current design, along with seasonal flow reductions and generation outages (see below), attains an estimated 77% reduction in impingement mortality but only 35% reduction in entrainment mortality over full flow conditions (ASA Analysis & Communication 2003).

Aquatic Microfiltration Barriers (Gunderboom Marine Life Exclusion System' or similar technology)

Aquatic microfiltration barriers are designed to prevent entrainment of organisms by excluding them from the water near the intake structure. These barriers are made of fabric with a limited porosity and a large surface area of this fabric is required to pass large volumes of water. This limited porosity combined with the large flow of cooling water at this facility (up to 2.5 billion gallons of water daily) would require an aquatic microfiltration barrier many thousands of feet in length. An aquatic microfiltration barrier of this size would be orders of magnitude larger than any previous deployment. The physical dimensions combined with logistical constraints of anchoring would make seasonal deployment difficult, at best. In addition, use of an aquatic microfiltration barrier would require an offshore location for the intake structure to avoid hydraulic impacts from the intake Attachment B - Page 2 of 8

on barrier performance (ASA Analysis & Communication 2003).

Any offshore location at Indian Point would likely create a hazard to navigation. Based on all the above factors, installing an aquatic microfiltration barrier at Indian Point would not be feasible.

C. Construction There will be no impacts on aquatic organisms from construction activities for any feasible alternative because these alternatives do not require physical work in the river. In addition, erosion and sediment control plans are required for upland construction activities under the Environmental Protection Agencys Phase II stormwater regulations. The requirements contained in these regulations should prevent incidental impacts to aquatic resources.

D. Capacity Flow Reductions Minimizing cooling water intake flow volume by varying or reducing intake pump speeds is not a feasible alternative for substantially reducing fish mortality at Indian Point. In order to operate safely, the Plants must run their cooling water pumps at 60% capacity or greater. Although it is possible to reduce flow by 40%, this can only be done when River water temperatures are low, primarily during winter months. Since few fish are susceptible to entrainment during those months, this presents only a minimal opportunity for reducing fish mortality.

Closed-Cycle Cooling Closed-cycle cooling recirculates cooling water in a closed system that substantially reduces the need for taking cooling water from the River. Entergys analysis (Enercon Services 2003) showed that the construction of hybrid cooling towers is generally feasible but will require prior review and approval from the Nuclear Regulatory Commission (NRC), which issues Entergys operating licenses. The benefit of hybrid cooling towers for minimizing adverse environmental impacts is substantial, with greater than a 98% reduction in fish mortality (ASA Analysis and Communication 2003) that is primarily a result of reducing intake flow volumes. Although the projected capital cost to construct hybrid cooling towers is approximately $740 million, with additional operational and maintenance costs of $145 million (Enercon Services, Inc. 2003), these costs, projected over the life of the plant (assuming twenty year license extensions after the 2013 and 2015 license expirations for Units 2 and 3, respectively),

represent approximately 5-6% of Indian Points annual gross revenue. The Department considers that these costs are not wholly disproportionate to the environmental benefits of the near Attachment B - Page 3 of 8

elimination of fish mortality due to entrainment and impingement from Indian Point.

Generation Outages Generation outages are another way to reduce cooling water flow that could result in substantial decreases in fish mortality. Annual outages lasting 32 weeks would result in reductions in fish mortality similar to closed-cycle cooling. Since these generation outages would be necessary each year, the economic costs to the operator over a possible 30 year life of the plant (assuming twenty year license extensions after the 2013 and 2015 license expirations for Units 2 and 3, respectively) would represent approximately 62% of Indian Points annual gross revenue. The Department considers these costs to be wholly disproportionate to the environmental benefits derived.

4. Determination of Best Technology Available After evaluating all of the known and available alternatives, the Department has determined that in this case closed-cycle cooling represents the best technology available for minimizing adverse environmental impacts from the cooling water intake structure at Indian Point. As noted above, the costs of hybrid cooling towers are not wholly disproportionate to the benefits derived, assuming 20-year license extensions for both units.

Although the Department has determined that closed-cycle cooling represents the best technology available for this site, several points need to be addressed prior to the construction of cooling towers. First, a detailed Pre-Design Engineering Report and design plans that identify and address all regulatory and engineering issues must be developed. Second, the NRC must review and approve any proposed change to a nuclear power plant. The NRC review will address safety and hazard considerations related to construction impacts to the reactor systems and is understood to involve license modification proceedings that would take approximately one year to complete. Third, construction of closed-cycle cooling, as described in Entergys June 2003 submission of a preliminary design to the Department, would likely require the Algonquin Gas Company (Algonquin) to relocate its gas pipeline, currently located in the vicinity of Indian Point Unit 3 (Enercon Services, Inc. 2003). Such a relocation would require the approval of the Federal Energy Regulatory Commission (FERC), a separate process which may take approximately a year or more. The actual length of time required to complete all of these necessary steps is currently unknown and is not regulated by any State permit. Consequently, this SPDES permit requires Entergy to do the following:

1) Within one year of the effective date of the permit, submit for the Departments approval, a Pre-Design Engineering Report addressing regulatory and engineering issues.

A detailed schedule for regulatory approvals and an interim progress report are also required (see Special Condition 28. b. of permit);

Attachment B - Page 4 of 8

2) Within one year after submission of the Pre-Design Engineering Report, submit for the Departments review and approval detailed engineering drawings for the construction of closed-cycle cooling towers (see Special Condition 28. e. of permit);

3) Upon the effective date of the permit, continue the use of Ristroph modified traveling screens in continuous wash mode (see Special Condition 27 of permit);

4) Upon the effective date of the permit, continue the use of the existing fish handling and return system (see Special Condition 27 of permit);

5) Upon the effective date of the permit, reduce cooling water flow between October and June of each calendar year (see Special Condition 6 of permit);

6) Upon the effective date of the permit, take an annual 42 unit-day outage during entrainment season (23 February and 23 August). This requirement is only an interim measure and Entergy would not be required to take an outage during the entrainment season following the conversion of Indian Points operations to closed-cycle cooling (see Special Condition 26 of permit);

7) Upon the effective date of the permit, continue to conduct the annual Longitudinal River Survey, Beach Seine Survey, Fall Shoals Trawls and Striped Bass/Atlantic Tomcod Mark Recapture Survey. These long term studies monitor the abundance of fishes in the Hudson River (see Special Condition 25 of permit); and

8) Provide $24 million per year to an escrow account entitled the Hudson River Estuary Restoration Fund (HRERF) that will provide a mechanism to fund restoration, enhancement and protection programs and projects benefiting the Hudson River Estuary (see Special Condition 29 of permit). HRERF monies are intended to benefit the Hudson River Estuary and eliminate Entergys potential financial savings from the delayed implementation of closed-cycle cooling. The annual amount for this fund represents:

(a) the difference between the cost of operating and maintaining the existing facility and the cost of operating and maintaining a facility using closed-cycle cooling; and (b) the expected return on unspent capital (i.e., the cost to construct hybrid cooling towers, approximately $740 million) that is instead available for investment.

Entergy would not be required to contribute additional money to the HRERF in the event that it commences construction of cooling towers.

5. Legal Requirements The requirements for the cooling water intake structure in this SPDES permit are consistent with the policies and requirements embodied in the New York State Environmental Conservation Law, in particular Sections 1-0101.1.; 1-0101.2.; 1-0101.3.b., c.; 1-0303.19.; 3-0301.1.b., c., i., s.

Attachment B - Page 5 of 8

and t.; 11-0303.; 11-0535.2; 17-0105.17.; 17-0303.2., 4.g.; 17-0701.2. and the rules thereunder, specifically 6 NYCRR Section 704.5. Additionally, the requirements are consistent with the Clean Water Act, in particular Section 316(b).

6. References ASA Analysis and Communications, Inc. 2003. Response to New York State Department of Environmental Conservation Request for Information on Indian Point Unit 2 and Unit 3, Items 3 & 4. June 2003.

ASA Analysis and Communications, Inc. 2002. 1999 Year Class Report for the Hudson River Estuary Monitoring Program. August 2002.

Central Hudson Gas & Electric Corp., Consolidated Edison Company of New York, Inc, New York Power Authority, Southern Energy New York. 1999. Draft Environmental Impact Statement for State Pollutant Discharge Elimination System Permits for Bowline 1 & 2, Indian Point 2 & 3, and Roseton 1 & 2. December 1999.

Enercon Services, Inc. 2003. Economic and Environmental Impacts Associated with Conversion of Indian Point Units 2 and 3 to a Closed-Loop Condenser Cooling Water Configuration. June 2003.

New York State Department of Environmental Conservation. 2003. Final Environmental Impact Statement Concerning the Applications to Renew New York State Pollutant Discharge Elimination System (SPDES) Permits for the Roseton 1 & 2, Bowline 1 & 2, and Indian Point 2 & 3 Steam Electric Generating Stations, Orange, Rockland, and Westchester Counties. June 25, 2003.

7. Summary of Proposed Permit Changes Page 2 of 19 Condition 3 of the previous permit allowed the permittee to exceed the maximum cooling water flows stipulated in the Hudson River Settlement Agreement (HRSA) in order to meet thermal limits required in conditions 1 and 2. As HRSA has expired this condition is no longer relevant.

Condition 4 of the previous permit provided for increased cooling water flows above stipulated HRSA limits in order to meet thermal limits contained in the permit. As HRSA has expired this condition is no longer relevant.

Condition 5 of the previous permit referenced the HRSA and is no longer relevant.

Condition 6 of the previous permit stated that no thermal effluent limitations (other than existing conditions 1 through 4) would be imposed at the Indian Point facility. This condition relates to the agreement that the terms of the HRSA would satisfy the New York State Criteria Governing Thermal Discharges. As HRSA has expired, this condition is no longer relevant.

Attachment B - Page 6 of 8

Additional Conditions Condition 2 of the previous permit pertaining to the handling of solid waste and aquatic organisms has been deleted. The requirement to return organisms to the Hudson River through the sluices has been incorporated into the draft permit as condition 27.

Condition 4 of the previous permit referencing biological monitoring at Indian Point, which was a requirement of HRSA has been deleted, as no impingement or entrainment monitoring at the facility are required during this permit period.

Conditions 7 and 11 of the previous permit referencing the expired HRSA have been deleted. Relevant requirements contained in the HRSA are incorporated in this permit as conditions 25, 26, and 27.

New conditions:

Condition 25 requires the continuation of Hudson River Monitoring programs ( which were previously embodied in HRSA).

Condition 26 requires a minimum of 42 unit-days of outages between February 23 and August 23 for each calendar year of the permit term. These outages must continue until complete conversion of Indian Points operations to closed-cycle cooling. This is a continuation of the same level of outages required by HRSA.

Condition 27 requires that the modified Ristroph modified traveling screens number 21 through 26 and 31 through 36 must be operated on continuous wash when the corresponding cooling water circulation pump is on at the correct pressure in order to maximize the survival of fish impinged on the traveling screens.

Condition 28 requires the following submissions:

1) a schedule for obtaining all necessary approvals during this permit term from the Nuclear Regulatory Commission (NRC), Federal Energy Regulatory Commission (FERC), and other governmental agencies to enable the construction of closed-cycle cooling at Indian Point;

2) a report on the progress to date of the Pre-Design Engineering Report;

3) a Pre-Design Engineering Report addressing regulatory and engineering issues associated with installing closed cycle cooling at Units 1, 2, and 3;

4) engineering design plans that address all construction issues for the conversion of the cooling water systems for Units 1, 2, and 3 to a closed-cycle system;

5) within 30 days after receipt of license extensions from the NRC, the permittee must submit a revised or updated construction schedule for the Departments approval reflecting any changes resulting from the NRC license extension process; and Attachment B - Page 7 of 8

6) notification to the Departments Division of Environmental Permits, in writing, within 5 business days of the submission of an application for license modification or extension to the NRC.

Condition 29 requires the permittee to pay $24 million dollars annually into a Hudson River Estuary Restoration Fund escrow account.

Attachment B - Page 8 of 8

` NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DRAFT State Pollutant Discharge Elimination System (SPDES)

DISCHARGE PERMIT Special Conditions First3.99 Industrial Code: 4911 SPDES Number: NY- 0004472 Discharge Class (CL): 03 DEC Number:

Toxic Class (TX): T Effective Date (EDP):

Major Drainage Basin: 13 Expiration Date (ExDP):

Sub Drainage Basin: 01 Modification Dates:

Water Index Number: H Compact Area: IEC This SPDES permit is issued in compliance with Title 8 of Article 17 of the Environmental Conservation Law of New York State and in compliance with the Clean Water Act, as amended, (33 U.S.C. §1251 et.seq.)(hereinafter referred to as "the Act").

PERMITTEE NAME AND ADDRESS Name: Entergy Nuclear Indian Point Unit 2 LLC Attention: Victor Nutter Entergy Nuclear Indian Point Unit 3 LLC Street: 440 Hamilton Avenue / Bleakley Avenue & Broadway City: White Plains / Buchanan State: NY Zip Code: 10601 / 10511 is authorized to discharge from the facility described below:

FACILITY NAME AND ADDRESS Name: Indian Point 2 and Indian Point 3 Location (C,T,V): Buchanan (V) County: Westchester Facility Address: Broadway and Bleakley Avenue City: Buchanan State: NY Zip Code: 10511 NYTM -E:

From Outfall No.: 001 REVISED DRAFT into receiving waters known as:

at Latitude: 41 (

Hudson River 16 1 NYTM - N:

7 2 & Longitude: 73 ( 57 1 Class: SB 19 2 and; (list other Outfalls, Receiving Waters & Water Classifications) 001 Hudson River SB 005 Hudson River SB 01B 01P (01B-01P and 008) via 001 002 Hudson River SB 006 Hudson River SB 01C 01J 003 Hudson River SB 007 Hudson River SB 01D 01I 004 Hudson River SB 008 HR via 001 SB 01E 01L 009 Hudson River SB 01G 01N, 01M in accordance with the effluent limitations, monitoring requirements and other conditions set forth in this permit and 6 NYCRR Part 750-2 effective May 11, 2003.

DISCHARGE MONITORING REPORT (DMR) MAILING ADDRESS Mailing Name: Indian Point 2 and Indian Point 3 Street: 295 Broadway City: Buchanan State: NY Zip Code: 10511 Responsible Official or Agent: Matt Kerns Phone: 914-734-6247 This permit and the authorization to discharge shall expire on midnight of the expiration date shown above and the permittee shall not discharge after the expiration date unless this permit has been renewed, or extended pursuant to law. To be authorized to discharge beyond the expiration date, the permittee shall apply for permit renewal not less than 180 days prior to the expiration date shown above.

DISTRIBUTION: Bureau of Water Permits Permit Administrator:

Address:

DRAFT: MARCH 1, 2004 2:30 pm Signature: Date: / /

SPDES PERMIT NUMBER NY 000 4472 Page 2 of 24 01Mar04 Rev.

PERMIT LIMITS, LEVELS AND MONITORING DEFINITIONS H:\IP Revised Draft 4-1-03.wpd OUTFALL WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING This cell describes the type of wastewater authorized This cell lists classified The date this page The date this page is no longer in effect. (e.g. ExDP) for discharge. Examples include process or sanitary waters of the state to which starts in effect. (e.g.

wastewater, storm water, non-contact cooling water. the listed outfall discharges. EDP or EDPM)

PARAMETER MINIMUM MAXIMUM UNITS SAMPLE FREQ. SAMPLE TYPE e.g. pH, TRC, The minimum level that must be The maximum level that may not SU, °F, Temperature, D.O. maintained at all instants in time. be exceeded at any instant in time. mg/l, etc.

PARA- EFFLUENT LIMIT PRACTICAL QUANTITATION LIMIT (PQL) ACTION LEVEL UNITS SAMPLE SAMPLE METER FREQUENCY TYPE Limit types are defined below in Note 1. The effluent For the purposes of compliance assessment, the Type I or Type II This can Examples Examples limit is developed based on the more stringent of analytical method specified in the permit shall be used Action Levels are include units include Daily, include grab, technology-based limits, required under the Clean Water to monitor the amount of the pollutant in the outfall to monitoring of flow, pH, 3/week, 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Act, or New York State water quality standards. The limit this level, provided that the laboratory analyst has requirements, as mass, weekly, composite has been derived based on existing assumptions and rules. complied with the specified quality assurance/quality defined below in Temperature, 2/month, and 3 grab These assumptions include receiving water hardness, pH control procedures in the relevant method. Monitoring Note 2, that concentration. monthly, samples and temperature; rates of this and other discharges to the results that are lower than this level must be reported, trigger additional Examples quarterly, 2/yr collected receiving stream; etc. If assumptions or rules change the but shall not be used to determine compliance with the monitoring and include g/l, and yearly. over a 6 hour6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> limit may, after due process and modification of this calculated limit. This PQL can be neither lowered nor permit review lbs/d, etc. period.

permit, change. raised without a modification of this permit. when exceeded.

REVISED DRAFT Note 1: DAILY DISCHARGE.: The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling. For pollutants expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

DAILY MAX.: The highest allowable daily discharge. DAILY MIN.: The lowest allowable daily discharge.

MONTHLY AVG: The highest allowable average of daily discharges over a calendar month, calculated as the sum of each of the daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

7 DAY ARITHMETIC MEAN (7 day average): The highest allowable average of daily discharges over a calendar week.

30 DAY GEOMETRIC MEAN: The highest allowable geometric mean of daily discharges over a calendar month, calculated as the antilog of : the sum of the log of each of the daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

7 DAY GEOMETRIC MEAN: The highest allowable geometric mean of daily discharges over a calendar week.

RANGE: The minimum and maximum instantaneous measurements for the reporting period must remain between the two values shown.

Note 2: ACTION LEVELS: Routine Action Level monitoring results, if not provided for on the Discharge Monitoring Report (DMR) form, shall be appended to the DMR for the period during which the sampling was conducted. If the additional monitoring requirement is triggered as noted below, the permittee shall undertake a short-term, high-intensity monitoring program for the parameter(s). Samples identical to those required for routine monitoring purposes shall be taken on each of at least three consecutive operating and discharging days and analyzed. Results shall be expressed in terms of both concentration and mass, and shall be submitted no later than the end of the third month following the month when the additional monitoring requirement was triggered. Results may be appended to the DMR or transmitted under separate cover to the same address. If levels higher than the Action Levels are confirmed, the permit may be reopened by the Department for consideration of revised Action Levels or effluent limits. The permittee is not authorized to discharge any of the listed parameters at levels which may cause or contribute to a violation of water quality standards. TYPE I : The additional monitoring requirement is triggered upon receipt by the permittee of any monitoring results in excess of the stated Action Level. TYPE II: The additional monitoring requirement is triggered upon receipt by the permittee of any monitoring results that show the stated action level exceeded for four of six consecutive samples, or for two of six consecutive samples by 20 % or more, or for any one sample by 50 % or more.

SPDES PERMIT NUMBER NY 000 4472 Page 3 of 24 01Mar04 Rev.

PERMIT LIMITS, LEVELS AND MONITORING OUTFALL No. WASTEWATER TYPE RECEIVING WATER SPECIAL CON. (SC) EFFECTIVE EXPIRING 001 Discharge Canal Hudson River 1-11 PARAMETER MINIMUM MAXIMUM UNITS SAMPLE FREQUENCY SAMPLE TYPE SPECIAL CONDITIONS (SC) pH 6.0 9.0 SU Weekly Grab COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Total Residual Chlorine NA 0.2 mg/l Every 30 Grab 9,10,11 minutes during Recorder chlorination Continuous Lithium Hydroxide NA 0.01 mg/l Monthly Grab 12 Boron Boron Flow REVISED DRAFT NA NA MONITOR 1.0 525 MONITOR mg/l lb/day MGD Monthly Monthly Continuous Grab Grab Recorder 15 15 6,8 Temperature NA 110 degrees Continuous Recorder 3,4,5,7 F

OUTFALL No. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING Sum of 01C & 01D Combined Low volume Wastewater Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Lithium Hydroxide Monitor Monitor mg/l Monthly Grab

SPDES PERMIT NUMBER NY 000 4472 Page 4 of 24 01Mar04 Rev.

OUTFALL No. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING Sum of 01B, 01C, 01D, 01J & 01L Combined Low volume Wastewater Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Flow Monitoring MGD Weekly Instantaneous 14 Total Suspended Solids 30 50 mg/l Weekly Grab/Visual 14, for 01J 16 OUTFALL No. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING 01C Unit 2 Primary Waste Disposal System Hudson River via Discharge Canal 001 REVISED DRAFT ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Flow Monitoring MGD Weekly Instantaneous OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01E Water Treatment Filter and GAC Backwash Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Instantaneous

SPDES PERMIT NUMBER NY 000 4472 Page 5 of 24 01Mar04 Rev.

OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01G Units 2 & 3 Service Boiler Blowdown Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Instantaneous Phosphates as P 16 38 lb/day Monthly Grab 13 OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01I Units 2 & 3 Condenser and Service Waters Hudson River via REVISED DRAFT ENFORCEABLE LIMIT MONITORING Discharge Canal 001 PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Continuous Recorder 8

SPDES PERMIT NUMBER NY 000 4472 Page 6 of 24 01Mar04 Rev.

OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 0IJ Floor Drains from Units 1, 2, 3 Buildings Hudson River via Discharge Canal 001 ENFORCEABLE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitoring MGD Weekly Estimate Visual Observation Oil & Grease 15 mg/l Weekly Grab Visual 14 Observation OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER Sum of 01B, 01C, 01D and 01L Combined Discharge Hudson River via REVISED DRAFT ENFORCEABLE LIMIT MONITORING Discharge Canal 001 PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily Max. TYPE I TYPE II Boron Monitor Monitor mg/l Weekly Grab 18, 15 Oil & Grease 15 mg/l Monthly Grab 17

SPDES PERMIT NUMBER NY 000 4472 Page 7 of 24 01Mar04 Rev.

OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01L Unit 3 Condenser Polisher/makeup Demineralizer Hudson River via and Ion Exchange Regeneration Discharge Canal 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Avg. Daily TYPE I TYPE II Max.

Flow Monitor Monitor GPD Weekly Instantaneou s

pH Range 6.0 - 9.0 SU Monthly Grab Chlorine, Total Residual NA Monitor mg/l Monthly Grab Florides 5 lbs/day Semi-Annual Grab Iron 4 mg/l Semi-Annual Grab Copper 1.0 mg/l Semi-Annual Grab OUTFALL No.

REVISED DRAFT WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING 01N Reverse Osmosis Reject Hudson River via Discharge Canal 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitor Monitor GPD Weekly Instantaneous Oil & Grease NA 15 mg/l Weekly Grab Total Suspended Solids 30 50 mg/l Weekly Grab

SPDES PERMIT NUMBER NY 000 4472 Page 8 of 24 01Mar04 Rev.

OUTFALL No. WASTEWATER TYPE RECEIVING EFFECTIVE EXPIRING WATER 01P Eductor Pit Hudson River via Outfall 001 COMPLIANCE LIMIT MONITORING PARAMETER ACTION LEVEL SAMPLE SAMPLE SC UNITS FREQUENCY TYPE Monthly Daily TYPE I TYPE II Avg. Max.

Flow Monitor Monitor GPD Weekly Instantaneous Oil & Grease NA 15 mg/l Weekly Grab Total Suspended Solids 30 50 mg/l Weekly Grab OUTFALL No. 01M, 002-009 - Uncontaminated Stormwater Discharge No monitoring required.

REVISED DRAFT

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 9 of 24 SPECIAL CONDITIONS CONDITIONS FOR OUTFALL 001

1. Discharge through Outfall 001 shall occur only through the subsurface ports of the outfall structure.

2. Sampling location for Outfall 001 is to be located upstream of the discharge from the common discharge canal into the Hudson River.

3. At no time shall the maximum discharge temperature at Outfall 001 exceed 43.3 degrees C (110(F).

4. The maximum discharge temperature at Outfall 001 shall not exceed 34(C (93.2(F) for an average of more than ten days per year; provided that the daily average discharge temperature at Outfall 001 shall not exceed 34(C (93.2(F) on more than 15 days between April 15 and June 30 in any year. The daily average discharge temperature at Outfall 001 shall not exceed 34 C (93.2 F) between April 15 and June 30 of any calendar year. If this limit is exceeded, the permittee must send written notification, which includes the cause and duration of the incident, within 5 business days to NYS DEC; Division of Fish, Wildlife and Marine Resources; Leader, Steam Electric Unit; 625 Broadway: Albany, NY 12233-4756 and Division of Water, Bureau of Watershed Compliance Programs, 625 Broadway, Albany, New York 12233-3506.

5. When the temperature in the discharge canal exceeds 90(F or the site gross electric output equals or exceeds 600MW, the head differential across the outfall structure shall be maintained at a minimum of 1.75 feet.

REVISED DRAFT When required, adjustment of the ports shall be made within four hours of any change in the flow rate of the circulating water pumps. If compliance is not achieved, further adjustments of the ports shall be made to achieve compliance. Flow schedules in Special Condition 6, below, shall take priority over this condition.

6. The permittee must not exceed the maximum flows listed in the table below during the specified periods, unless it is necessary to ensure the safe operation of the facility or to comply with the thermal standards contained in this permit.

Period Flow in Flow in MGD/Unit GPM/Unit January 1 - May 15 726 504,000 May 16 - May 22 806 560,000 May 23 - May 31 968 672,000 June 1 - June 8 1053 731,000 June 9 - September 30 1210 840,000 October 1 - October 31 1053 731,000 November 1 - December 31 726 504,000 If these mitigative flows are exceeded, permittee must send written notification of that exceedance within 5 business days to NYSDEC; Division of Fish, Wildlife and Marine Resources; Leader, Steam Electric Unit;

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 10 of 24 625 Broadway; Albany, NY 12233-4756, and to Division of Water, Bureau of Watershed Compliance Programs, 625 Broadway, Albany, New York 12233-3506.

7. a. The thermal discharge from Outfall 001 is subject to 6 NYCRR Part 704.

b. Within six months of the effective date of the permit, the permittee shall submit to the NYSDEC, Division of Water, for review and approval, a protocol approvable as defined in 6 NYCRR Part 750-1.2(a)(8) for conducting a tri-axial (3-Dimensional) thermal study. The purpose of the thermal study will be to delineate the 90-degrees Fahrenheit isopleths at various depths and stages of tide to define the size of the mixing zone for the discharge from Outfall 001. The thermal study must be conducted under critical tidal current conditions when all units are operating under summer conditions. Temperatures must be recorded to the nearest degree Fahrenheit. The thermal study shall be conducted within one year after the NYSDEC approves the thermal study protocol. The results of the thermal study shall be submitted to the NYSDEC within three months of the completion of the study. The final report should also include the technical material necessary to satisfy the requirements of 6 NYCRR Part 704.3-Mixing zone criteria. Upon reviewing the results of the thermal study, the Division of Water will determine whether the requirements of 6 NYCRR Part 704.2 have been met. The protocol and final report (3 copies of each) shall be submitted to: NYSDEC, Division of Water, Director of the Bureau of Water Permits, 4th Floor, 625 Broadway, Albany, New York 12233-3505.

8. The flow of condenser cooling water discharges shall be monitored and recorded every eight hours by recording the operating mode of the circulating water pumps. Any changes in the flow rate of each REVISED DRAFT circulating water pump shall be recorded, including the date and time, and reported monthly together with the Discharge Reporting Form. The permittee shall indicate whether any circulating pumps were not in operation due to pump breakdown or required pump maintenance and the period(s) (dates and times) the discharge temperature limitation was exceeded, if at all. Methods, equipment, installation, and procedures shall conform to those prescribed in the Water Measurement Manual, U.S. Department of the Interior, Bureau of Reclamation, Washington D.C.: 1967 or equivalent approved by the NYSDEC.

9. a The service water system may be chlorinated continuously.

b. Should the condenser cooling water system be chlorinated, the maximum frequency of chlorination for the condensers of each unit shall be limited to two hours per day. The total time for chlorination of the three units for which this permit is issued shall not exceed nine hours per week. Chlorination shall take place during daylight hours and shall not occur at more than one unit at a time.

10. Continuous monitoring of Total Residual Chlorine (TRC) during condenser chlorination is required. If the continuous monitor fails, is inaccurate, or is unreliable, TRC shall be monitored during condenser chlorination by analyzing grab samples taken at least once every 30 minutes during each chlorination period.

11. Grab samples shall be taken at least once daily during low level service water chlorination and at least once every 30 minutes during high level service water chlorination. During service water chlorination, Outfall 001 TRC concentrations may be determined by either direct measurement at Outfall 001 or by multiplying a measured TRC concentration in the service water system by the ratio of chlorinated service water flow to the total site flow.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 11 of 24 CONDITIONS FOR SUB-OUTFALLS

12. The calculated quantity of lithium hydroxide in the discharge shall be determined by using the analytical results obtained from sampling that is to be performed on internal waste streams 01C and 01D.

13. Phosphate limit applies to only those internal streams at Indian Point 2 and 3 which comprise outfall 01G.

14. Because Outfall 01J cannot be monitored, the following shall apply:

a. All oil spills shall be handled under the Spill Prevention Control and Countermeasure (SPCC) plan.

b. Flow into the floor drains shall not contain more than 15 mg/l of oil and grease nor any visible sheen.

c. Treated wastewater from the desilting operation within the intake structure and forebays shall be monitored once per 12 hour1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> shift on the sand filter effluent. Grab samples shall be analyzed for total suspended solids and oil and grease. An estimate of discharge flow rate and a visual observation for the presence of any visible sheen shall be made on the sand filter effluent. The limitations for this discharge event are: 15 mg/l (oil & grease), 50 mg/l (total suspended solids) and no visible sheen.

15.

REVISED DRAFT The calculated quantity of boron in the discharge shall be determined by using the analytical results obtained from sampling that is to be performed on internal waste streams 01B, 01C, 01D and 01L.

16. One flow proportioned composite sample of total suspended solids (TSS) shall be obtained from one grab sample taken from each of the internal waste streams 01B, 01C, 01D, 01J and 01L. Visual observation for 01J.

17. One grab sample of oil and grease shall be obtained from each of the internal waste streams 01C, 01D, and 01L and the samples shall be analyzed separately. The results shall be reported by computing the flow-weighted average.

18. One flow proportioned composite sample of boron shall be obtained from one grab sample taken from each of the internal waste streams 01B, 01C, 01D, 01L.

WATER QUALITY REPORTING REQUIREMENTS:

19. The permittee shall submit on an annual basis to the NYSDEC at its offices in Tarrytown and Albany (see addresses below) a month-by-month report of daily operating data in EXCEL© format, by the 28th of January of the following year, that includes the following:

a. Daily minimum, maximum and average station electrical output shall be determined and logged.

b. Daily minimum, maximum and average water use shall be directly or indirectly measured or calculated and logged.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 12 of 24

c. Temperature of the intake and discharges shall be measured and recorded continuously. Daily minimum, maximum and average intake and discharge temperatures shall be logged.

d. One copy of each annual report must be sent to the NYSDEC; Division of Water, Bureau of Watershed Compliance Programs; 625 Broadway; Albany, New York 12233-3506; and a second copy must be sent to NYSDEC; Regional Water Engineer, Region 3; 200 White Plains Road; Tarrytown, New York 10591.

20. Beginning upon the effective date of this permit, the permittee shall submit to the NYSDEC Offices in Albany and Tarrytown (see addresses in condition 19.d., above), a copy of their Semi-Annual Effluent and Waste Disposal Reports submitted to the Nuclear Regulatory Commission (NRC).

OTHER WATER QUALITY REQUIREMENTS

21. Notwithstanding any other requirements in this permit, the permittee shall also comply with all applicable Water Quality Regulations promulgated by the Interstate Environmental Commission (IEC), including Sections 1.01 and 2.05 (f) as they relate to oil and grease.

22. It is recognized that, despite the exercise of appropriate care and maintenance measures, and corrective measures by the permittee, influent quality changes, equipment malfunction, acts of God, or other circumstances beyond the control of the Permittee may, at times, result in effluent concentrations exceeding the permit limitations. The permittee may come forward to demonstrate to the NYSDEC that such REVISED DRAFT circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The NYSDEC, however, is not obligated to wait for, or solicit, such demonstrations prior to the initiation of any enforcement proceedings, nor must it accept as valid on its face the statement made in any such demonstration.

23. All chemicals listed and/or referenced in the permit application are approved for use. If use of new biocides, corrosion control chemicals or water treatment chemicals is intended, application must be made prior to use.

No use will be approved that would cause exceedance of state water quality standards.

24. There shall be no net addition of PCBs by this facilitys discharges to the Hudson River.

BIOLOGICAL REQUIREMENTS:

25. The permittee must continue to conduct the following long term Hudson River Monitoring programs during each calendar year:

a. Long River Ichthyoplankton, Fall Shoals Trawls, and Beach Seine Survey All data recording, analysis of samples, and Quality Control and Assurance must be conducted in accordance with the 2002 Standard Operating Procedures (Normandeau Associates Inc., 2002) or in accordance with modified procedures approved in advance by the NYSDEC. The permittee must produce an annual year class report that presents the results of the above studies. Each annual report must be submitted to: NYSDEC; Division of Fish, Wildlife and Marine Resources; Leader, Steam Electric Unit, 625 Broadway, Albany, NY 12233-4756, no later than December 31 of the next calendar year.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 13 of 24

b. Striped Bass/Atlantic Tomcod Mark-Recapture Survey All data recording, analysis of samples, and Quality Control and Assurance must be conducted in accordance with the 2001-2002 Standard Operating Procedures (Normandeau Associates Inc., 2001) or in accordance with modified procedures approved in advance by the NYSDEC. The permittee must produce an annual report that presents the results of the above study. Each annual report must be submitted to the NYSDECs Steam Electric Unit Leader within 12 months of the completion of each years field operations.

26. The permittee must schedule and take annual outages of no fewer than 42 unit-days between 23 February and 23 August of each calendar year. A unit-day outage is defined as a period of 24 consecutive hours during which cooling water circulation pumps are off at either Indian Point Unit 2 or Unit 3. During these outages, cooling water circulation pumps may temporarily run for maintenance and testing activities, and service water pumps may be in operation. The permittee must give the NYSDECs Steam Electric Unit Leader an annual report that provides a list of unit-day outages for each calendar year. Annual reports must be provided to the Steam Electric Unit before 31 January of the next calendar year.

27. The Ristroph modified traveling screens number 21 through 26 and 31 through 36 must continue to be operated on continuous wash when the corresponding cooling water circulation pump is running. The low pressure wash nozzles installed at each of these screens must be operated at 4 to 15 PSI so that the fish and invertebrates are removed from the traveling screens, washed into the existing fish return sluiceway, and returned to the Hudson River. The operation of the screens and fish return system must be inspected daily REVISED DRAFT and the screen wash pressures recorded in the wash operators log. The traveling screens and the fish return and handling system must minimize the mortality of fish to the maximum extent practicable.

28. The permittee must take the following steps to construct closed-cycle cooling:

a. Within six months of the effective date of this permit, the permittee must submit to the NYSDEC, Division of Environmental Permits, Chief Permit Administrator, 625 Broadway, Albany, New York 12233-1750: (i) its schedule for seeking and obtaining, during this permit term, all necessary approvals from the NRC, Federal Energy Regulatory Commission (FERC), and other governmental agencies to enable construction and operation of closed-cycle cooling at Indian Point; and (ii) a report on the progress to date of the Pre-Design Engineering Report required in special condition 28. b.,

below.

b. Within one year of the effective date of this permit, the permittee must submit to: NYSDEC, Division of Environmental Permits, Chief Permit Administrator, 625 Broadway, Albany, NY 12233-1750, a Pre-Design Engineering Report addressing regulatory and engineering issues, including but not limited to federal, state and local approvals, associated with installing closed-cycle cooling at Indian Point Units 1, 2, and 3. At a minimum, this report must address: (i) the potential relocation of a segment of the Algonquin Gas Companys (Algonquin) gas pipeline to construct closed-cycle cooling; (ii) the potential need for blasting to construct closed-cycle cooling and its potential impacts; (iii) particulate emissions from cooling towers; (iv) sequential construction outages at Units 2 and 3, as opposed to simultaneous construction outages; (v) the potential impacts to energy reliability and capacity associated with anticipated construction outages as well as the 42 day annual operating outages; and (vi) additional measures to reduce potential impacts to energy reliability or capacity.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 14 of 24

c. Within one year of the effective date of this permit, the permittee may also submit a Pre-Design Engineering Report to the Chief Permit Administrator for an alternative technology(s) that will minimize adverse environmental impact to a level equivalent to that which can be achieved by closed-cycle cooling.

d. If the permittee submits a Pre-Design Engineering Report to the NYSDEC for an alternative technology(s), as provided for in special condition number 28. c., above, the NYSDEC will evaluate the capability of the proposed alternative to minimize adverse environmental impacts to a level equivalent to that which can be achieved by closed-cycle cooling. If the NYSDEC determines that the proposed alternative may be substituted for closed-cycle cooling, it will notify the permittee and, if appropriate, will commence a proceeding to modify this permit accordingly.

e. Within one year after submission of the Pre-Design Engineering Report, the permittee must submit design plans that address all construction issues for the conversion of the cooling water systems for Units 1, 2, and 3 to a closed-cycle system, or for an alternative technology(s) if approved by the NYSDEC pursuant to special condition number 28. c. and d., above. All plans must be stamped and signed by a Professional Engineer licensed by the State of New York. The design plans must be submitted to NYSDEC, Division of Environmental Permits, Chief Permit Administrator. NYSDEC will review to determine if the design plans are consistent with this permit and its requirements.

f. The permittee must inform the NYSDEC, Division of Environmental Permits, Chief, Energy and REVISED DRAFT Management Bureau, in writing within 5 business days of any application submitted to the Nuclear Regulatory Commission (NRC) for modification or extension of the current operating licenses for Units 2 and 3, which expire on September 28, 2013 and December 12, 2015, respectively.

g. Within 30 days after receipt of the NRCs approval of the proposed design plans for closed-cycle cooling for Units 1, 2 and 3, the permittee must submit for approval to the NYSDEC, Division of Environmental Permits, Chief Permit Administrator, an update of its June 2003 construction schedule (Enercon Services, Inc. 2003) reflecting any design and schedule changes resulting from the NRC approval.

h. The NYSDEC reserves the authority to unilaterally modify this permit pursuant to 6 NYCRR Part 621, or take other appropriate action in the event that: (i) the NRC modifies or denies the permittees design plans for closed-cycle cooling for Units 1, 2 and 3, (ii) any necessary proposal to a state or federal agency for relocating a segment of the Algonquin pipeline is modified or denied, or (iii) the permittee determines that it will not seek extension of its NRC licenses, and it so advises the NYSDEC, Division of Environmental Permits, Chief, Energy and Management Bureau, in writing,

29. Within six months after the effective date of this permit, and annually thereafter on January 1 of each year, the permittee must pay $24 million into an escrow account that it creates at a financial institution approved by the NYSDEC. The escrow account must be entitled the Hudson River Estuary Restoration Fund (HRERF). All of the monies in the HRERF shall be held for the benefit of the HRERF and made available to the NYSDEC to administer for projects or programs within the Hudson River Estuary (including tributaries to the estuary below the federal dam at Troy) designed to restore, enhance or protect aquatic habitats, fish species, or the quality of Hudson River Estuary waters. These funds will not be used to support any of the permittees obligations under this permit. Payments to the HRERF are non-refundable. Partial

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 15 of 24 year payments shall be prorated at $65,750 per day.

SCHEDULE OF COMPLIANCE:

30. a. The permittee shall comply with the Schedule of Compliance (following page), including the reporting requirements set forth below.

b. The permittee shall submit a written notice of compliance or non-compliance with each of the above schedule dates no later than 14 days following each elapsed date, unless conditions require more immediate notice under terms of 6 NYCRR Part 750. All such compliance or non-compliance notification shall be sent to the locations listed under the section of this permit entitled RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS. Each notice of non-compliance shall include the following information:

1. A short description of the non-compliance;

2. A description of any actions taken or proposed by the permittee to comply with the elapsed schedule requirements without further delay and to limit environmental impact associated with the non-compliance;

3. A description of any factors which tend to explain or mitigate the non-compliance; and

4. An estimate of the date the permittee will comply with the elapsed schedule requirement and an assessment of the probability that the permittee will meet the next scheduled requirement on time.

c. REVISED DRAFT Unless otherwise specified in this permit or in writing by the Department, the permittee shall submit copies of any document required by the above schedule of compliance to NYSDEC Regional Water Engineer, Region 3,200 White Plains Road, Tarrytown, New York 10591 and to the NYSDEC, Division of Water, Bureau of Water Permits, 625 Broadway, Albany, N.Y. 12233-3505.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 16 of 24 SCHEDULE OF COMPLIANCE Action Outfall Code Number(s) Compliance Action Due Date 001 Submit approvable Protocol for Tri-Axial Thermal Study. (Special condition 7) EDP + 6 months 001 Submit a report on the progress to date of the Pre-Design Engineering Report (Special EDP + 6 months Condition 28. a) 001 Submit a schedule for obtaining all necessary approvals during the permit term from the EDP + 6 months Federal Energy Regulatory Commission (FERC), Nuclear Regulatory Commission (NRC), and other governmental agencies for the construction of closed cycle cooling at Indian Point during the next permit term. (Special condition 28. a) 001 Submit a Pre-Design Engineering Report addressing regulatory and engineering issues EDP + 1 associated with installing closed cycle cooling at Units 1, 2, and 3 Year (Special condition 28.b)

N/A Permittee may submit Pre-Design Engineering Report for alternative technology(s) that EDP + 1 Year achieves minimization of adverse environmental impact equivalent to closed-cycle cooling Special Condition 28.c).

Annually, continue to ensure that biological monitoring projects [Longitudinal River Survey, EDP N/A Beach Seine Survey, Fall Shoals Trawls and Striped Bass/Atlantic Tomcod Mark Recapture Survey] are conducted according to the approved Standard Operation Procedures. Annual results from the Longitudinal River Survey, Beach Seine Survey, and Fall Shoals Trawls must be provided to the Department by 31 December of the next calendar year, while results from the Striped Bass/Atlantic Tomcod Mark Recapture Survey must be provided to the Department N/A REVISED DRAFT within 12 months of the completion of field operations. (Special condition 25)

Schedule and take outages of no fewer than 42 unit-days between 23 February and 23 August in each calendar year over the permit term. Submit annual reports on outages prior to 31 EDP January of each calendar year. (Special condition 26)

N/A Annually Annually, until commencement of construction of closed-cycle cooling systems, or an equivalent technology, the permittee must pay $24 million into an Hudson River Estuary Restoration Fund. These funds will be used to restore or enhance the Hudson River Estuary (Special condition 29).

001 Conduct Tri-Axial Thermal Study as Outlined in Special Condition 7. EDP + 1.5 years 001 Submit results of Tri-Axial Thermal Study as outlined in Special Condition 7. EDP + 1.75 years N/A Submit design plans that address all construction issues for the conversion of the cooling water EDP+ 2 systems for units 1, 2, and 3 to a closed cycle system or for construction of DEC-approved Years alternative technology(s) (Special condition 28.e.).

001 Month-by-month report of daily operating data on electrical output, water use, and intake and Annual discharge temperature (Special Condition #19).

N/A Submit Semi-annual Effluent and Waste Disposal Reports prepared for NRC (Special Semi-Annual Condition 20) .

N/A Submit revised construction schedule reflecting NRC approval process (Special Condition NRC App + 30 28.g.)

Days N/A Advise NYSDEC of extension of NRC licenses (Special Condition 28.f.)

October 3, 2008

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 17 of 24 STANDARD CONDITIONS MONITORING LOCATIONS The permittee shall take samples and measurements, to comply with the monitoring requirements specified in this permit, at the location(s) shown in the three figures below:

REVISED DRAFT

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 18 of 24 REVISED DRAFT

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 19 of 24 REVISED DRAFT RESERVED SPACE TO INSERT DIAGRAM FOR UNIT #3 SERVICE WATER (Diagram not provided in compatible fortmat, per PK.) Scanned version attached for interim use.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 20 of 24 BEST MANAGEMENT PRACTICES

1. The permittee shall maintain and implement a Best Management Practices (BMP) plan to prevent, or minimize the potential for, release of significant amounts of toxic or hazardous pollutants to the waters of the State through plant site runoff; spillage and leaks; sludge or waste disposal; and storm water discharges including, but not limited to, drainage from raw material storage.

2. The permittee shall review all facility components or systems (including material storage areas; in-plant transfer, process and material handling areas; loading and unloading operations; storm water, erosion, and sediment control measures; process emergency control systems; and sludge and waste disposal areas) where toxic or hazardous pollutants are used, manufactured, stored or handled to evaluate the potential for the release of significant amounts of such pollutants to the waters of the State. In performing such an evaluation, the permittee shall consider such factors as the probability of equipment failure or improper operation, cross-contamination of storm water by process materials, settlement of facility air emissions, the effects of natural phenomena such as freezing temperatures and precipitation, fires, and the facility's history of spills and leaks. For hazardous pollutants, the list of reportable quantities as defined in 40 CFR, Part 117 may be used as a guide in determining significant amounts of releases. For toxic pollutants, the relative toxicity of the pollutant shall be considered in determining the significance of potential releases.

The review shall address all substances present at the facility that are listed as toxic pollutants under Section 307(a)(1) of the Clean Water Act or as hazardous pollutants under Section 311 of the Act or that are required to be reported on the Industrial Chemical Survey.

3. Whenever the potential for a significant release of toxic or hazardous pollutants to State waters is REVISED DRAFT determined to be present, the permittee shall identify BMPs that have been established to minimize such potential releases. Where BMPs are inadequate or absent, appropriate BMPs shall be established. In selecting appropriate BMPs, the permittee shall consider typical industry practices such as spill reporting procedures, risk identification and assessment, employee training, inspections and records, preventive maintenance, good housekeeping, materials compatibility and security. In addition, the permittee may consider structural measures (such as secondary containment and erosion/sediment control devices and practices) where appropriate.

4. Development of the BMP plan shall include sampling of waste stream segments for the purpose of toxic "hot spot" identification. The economic achievability of effluent limits will not be considered until plant site "hot spot" sources have been identified, contained, removed or minimized through the imposition of site specific BMPs or application of internal facility treatment technology. For the purposes of this permit condition a "hot spot" is a segment of an industrial facility; including but not limited to soil, equipment, material storage areas, sewer lines etc.; which contributes elevated levels of problem pollutants to the wastewater and/or storm water collection system of that facility. For the purposes of this definition, problem pollutants are substances for which treatment to meet a water quality or technology requirement may, considering the results of waste stream segment sampling, be deemed unreasonable. For the purposes of this definition, an elevated level is a concentration or mass loading of the pollutant in question which is sufficiently higher than the concentration of that same pollutant at the compliance monitoring location so as to allow for an economically justifiable removal and/or isolation of the segment and/or B.A.T.

treatment of wastewaters emanating from the segment.

5. The BMP plan shall be documented in narrative form and shall include any necessary plot plans, drawings or maps. Other documents already prepared for the facility such as a Safety Manual or a Spill Prevention, Control and Countermeasure (SPCC) plan may be used as part of the plan and may be incorporated by

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 21 of 24 reference. USEPA guidance for development of storm water elements of the BMP is available in the September 1992 manual "Storm Water Management for Industrial Activities," USEPA Office of Water Publication EPA 832-R-92-006 (available from NTIS, (703)487-4650, order number PB 92235969). A copy of the BMP plan shall be maintained at the facility and shall be available to authorized Department representatives upon request. As a minimum, the plan shall include the following BMP's:

a. BMP Committee e. Inspections and Records i. Security

b. Reporting of BMP f. Preventive Maintenance j. Spill prevention & response Incidents

c. Risk Identification & g. Good Housekeeping k. Erosion & sediment control Assessment

d. Employee Training h. Materials Compatibility l. Management of runoff

6. The BMP plan shall be reviewed annually and shall be modified whenever: (a) changes at the facility materially increase the potential for significant releases of toxic or hazardous pollutants, (b) actual releases indicate the plan is inadequate, or (c) a letter from the Regional Water Engineer highlights inadequacies in the plan.

7. Facilities with Petroleum and/or Chemical Bulk Storage (PBS and CBS) Areas:

Compliance must be maintained with all applicable regulations including those involving releases, registration, handling and storage (6NYCRR 595-599) and (6NYCRR 612-614). Stormwater discharges from handling and storage areas should be eliminated where practical.

REVISED DRAFT A. Spill Cleanup - All spilled or leaked substances must be removed from secondary containment systems as quickly as practical and in all cases within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. The containment system must be thoroughly cleaned to remove any residual contamination which could cause contamination of stormwater and the resulting discharge of pollutants to waters of the State. Following spill cleanup the affected area must be completely flushed with clean water three times and the water removed after each flushing for proper disposal in an on-site or off-site wastewater treatment plant designed to treat such water and permitted to discharge such wastewater. Alternatively, the permittee may test the first batch of stormwater following the spill cleanup to determine discharge acceptability. If the water contains no pollutants it may be discharged. Otherwise it must be disposed of as noted above. See Discharge Monitoring below for the list of parameters to be sampled for.

B. Discharge Operation - Stormwater must be removed before it compromises the required containment system capacity. Each discharge may only proceed with the prior approval of the permittee staff person responsible for ensuring SPDES permit compliance. Bulk storage secondary containment drainage systems must be locked in a closed position except when the operator is in the process of draining accumulated stormwater. Transfer area secondary containment drainage systems must be locked in a closed position during all transfers and must not be reopened unless the transfer area is clean of contaminants. Stormwater discharges from secondary containment systems should be avoided during periods of precipitation. A logbook shall be maintained on-site noting the date, time and personnel supervising each discharge.

C. Discharge Screening - Prior to each discharge from a secondary containment system the stormwater must be screened for contamination. All stormwater must be inspected for visible evidence of contamination. Additional screening methods shall be developed by the permittee as part of the overall BMP Plan, e.g. the use of volatile gas meters to detect the presence of gross levels of gasoline or volatile organic compounds. If the screening indicates contamination, the

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 22 of 24 permittee must collect and analyze a representative sample of the stormwater. If the water contains no pollutants it may be discharged. Otherwise it must either be disposed of in an on-site or off-site wastewater treatment plant designed to treat and permitted to discharge such wastewater or the Regional Water Engineer can be contacted to determine if it may be discharged without treatment.

D. Discharge Monitoring - Unless the discharge from any bulk storage containment system outlet is identified in the SPDES permit as an outfall with explicit effluent and monitoring requirements, the permittee shall monitor the outlet as follows:

(i) Bulk Storage Secondary Containment Systems:

(a) The volume of each discharge from each outlet must be monitored. A representative sample shall be collected of the first discharge1 following any cleaned up spill or leak. The sample must be analyzed for pH, the substance(s) stored within the containment area and any other pollutants the permittee knows or has reason to believe are present2.

(b) Every fourth discharge1 from each outlet must be sampled for pH, the substance(s) stored within the containment area and any other pollutants the permittee knows or has reason to believe are present2.

(ii) Transfer Area Secondary Containment Systems:

The first discharge1 following any spill or leak must be sampled for flow, pH, the substance(s) transferred in that area and any other pollutants the permittee knows or has reason to believe are present2.

E. Discharge Reporting - Any results of monitoring required above must be submitted to the Department by appending them to the corresponding discharge monitoring report (DMR). Failure to perform the required discharge monitoring and reporting shall constitute a violation of the terms of the SPDES permit.

F. Prohibited Discharges - In all cases, any discharge which contains a visible sheen, foam, or odor, or may cause or contribute to a violation of water quality is prohibited. The following discharges are prohibited unless specifically authorized elsewhere in this SPDES permit: spills or leaks, tank bottoms, maintenance wastewaters, wash waters where REVISED DRAFT detergents or other chemicals have been used, tank hydrotest and ballast waters, contained fire fighting runoff, fire training water contaminated by contact with pollutants or containing foam or fire retardant additives, and, unnecessary discharges of water or wastewater into secondary containment systems. An example of a necessary discharge could be the addition of steam to prevent bulk storage containment area sump pumps from freezing during cold weather.

DISCHARGE NOTIFICATION REQUIREMENTS:

1. The permittee shall, except as set forth in (c) below, maintain the existing identification signs at all outfalls to surface waters, which have not been waived by the Department in accordance with 17-0815-a. The sign(s) shall be conspicuous, legible and in as close proximity to the point of discharge as is reasonably possible while ensuring the maximum visibility from the surface water and shore. The signs shall be installed in such a manner to pose minimal hazard to navigation, bathing or other water related activities. If the public has access to the water from the land in the vicinity of the outfall, an identical sign shall be posted to be visible from the direction approaching the surface water.

1 Discharge includes stormwater discharges and snow and ice removal. If applicable, a representative sample of snow and/or ice should be collected and allowed to melt prior to assessment.

2 If the stored substance is gasoline or aviation fuel then sampled for oil & grease, benzene, ethylbenzene, naphthalene, toluene and total xylenes (EPA method 602). If the stored substance is kerosene, diesel fuel, fuel oil or lubricating oil gasoline or aviation fuel then sampled for oil & grease and polynuclear aromatic hydrocarbons (EPA method 610). If the substance(s) are listed in Tables 6-8 of application form NY-2C sampling is required. If the substance(s) are listed in NY-2C Tables 9-10 sampling for appropriate indicator parameters may be required, e.g., substituting BOD5 for methanol, substituting toxicity testing for demeton. Discharge volume may be calculated by measuring the depth of water within the containment area times the wetted area converted to gallons or by other suitable methods. Form NY-2C is available on the NYSDEC web site. Contact the facility inspector for further guidance. In all cases flow and pH monitoring is required.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 23 of 24 The signs shall have minimum dimensions of eighteen inches by twenty four inches (18" x 24") and shall have white letters on a green background and contain the following information:

N.Y.S. PERMITTED DISCHARGE POINT SPDES PERMIT No.: NY__________

OUTFALL No. :____

For information about this permitted discharge contact:

Permittee Name: _________________________________________________________________________

Permittee

Contact:

Permittee Phone: ( ) - ### - ####

OR:

NYSDEC Division of Water Regional Office Address :

NYSDEC Division of Water Regional Phone: ( ) - ### -####

2. REVISED DRAFT For each discharge required to have a sign in accordance with a), above, the permittee shall provide for public review at a repository accessible to the public, copies of the Discharge Monitoring Reports (DMRs) as required by the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of this permit. This repository shall be open to the public, at a minimum, during normal daytime business hours.

The repository may be at the business office repository of the permittee or at an off-premises location of its choice (such location shall be the village, town, city or county clerks office, the local library or other location as approved by the Department). In accordance with the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of your permit, each DMR shall be maintained on record for a period of three years.

3. The permittee shall periodically inspect the outfall identification signs in order to ensure that they are maintained, are still visible and contain information that is current and factually correct.

RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS:

1. The permittee shall also refer to 6 NYCRR Part 750.2 (effective May 11, 2003) (

http://www.dec.state.ny.us/website/regs/750.htm) for additional information concerning monitoring and reporting requirements and conditions.

2. The monitoring information required by this permit shall be summarized, signed and retained for a period of three years from the date of the sampling for subsequent inspection by the Department or its designated agent.

NYS DEC APPLICATION NUMBER: SPDES PERMIT NUMBER: NY 000 4472 3-5522-00011/00004 01Mar04 Rev. Page 24 of 24 Also, monitoring information required by this permit shall be summarized and reported by submitting:

x (if box is checked) completed and signed Discharge Monitoring Report (DMR) forms for each 1 month reporting period to the locations specified below. Blank forms are available at the Department's Albany office listed below. The first reporting period begins on the effective date of this permit and the reports will be due no later than the 28th day of the month following the end of each reporting period.

(if box is checked) an annual report to the Regional Water Engineer at the address specified below.

The annual report is due by February 1 and must summarize information for January to December of the previous year in a format acceptable to the Department.

(if box is checked) a monthly "Wastewater Facility Operation Report..." (form 92-15-7) to the:

Regional Water Engineer County Health Department or Environmental Control Agency and/or specified below Send the original (top sheet) of each DMR page to: Send the first copy (second sheet) of each DMR page to:

Department of Environmental Conservation Department of Environmental Conservation Division of Water Regional Water Engineer, Region 3 Bureau of Watershed Compliance Programs 200 White Plains Road 625 Broadway Tarrytown, New York 10591 Albany, New York 12233-3506 Phone: 914-332-1835 Phone: (518) 402-8177 REVISED DRAFT Send an additional copy of each DMR page to:

3. Noncompliance with the provisions of this permit shall be reported to the Department as prescribed in the attached General Conditions (Part II). 6 NYCRR Part 750-2 effective May 11, 2003.

4. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit.

5. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 CFR Part 136 or as specified in this permit, the results of this monitoring shall be included in the calculations and recording of the data on the Discharge Monitoring Reports.

6. Calculation for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

7. Unless otherwise specified, all information recorded on the Discharge Monitoring Report shall be based upon measurements and sampling carried out during the most recently completed reporting period.

8. Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues certificates of approval pursuant to section five hundred two of the Public Health Law shall be conducted by a laboratory which has been issued a certificate of approval. Inquiries regarding laboratory certification should be sent to the Environmental Laboratory Accreditation Program, New York State Health Department Center for Laboratories and Research, Division of Environmental Sciences , The Nelson A. Rockefeller Empire State Plaza, Albany, New York 12201.

120 ISSUES CONFERENCE 1 MR. BLOW: Nothing, your Honor.

2 ALJ VILLA: Mr. Glasser?

3 MR. GLASSER: Nothing to add.

4 ALJ VILLA: And Mr. Delaney?

5 MR. DELANEY: Nothing to add, your 6 Honor.

7 ALJ VILLA: Anything that you wanted to 8 say further, Mr. Zoli, or Mr. Englander?

9 MR. ENGLANDER: Mr. Englander again: I 10 think we have covered this topic already.

11 The endangered species basis is beyond the 12 scope of the DEC's authority under Section 13 401 certifications. Again, the sections of 14 the Clean Water Act that are at issue are 15 enumerated in Section 401 and endangered 16 species is not a Clean Water Act basis for a 17 water quality standard.

18 ALJ VILLA: All right. I want to turn 19 our attention to Entergy's factual issue 20 number 1, and this implicates the thermal 21 consideration whether the proposed denial of 22 Indian Point's water quality cert application 23 based on thermal consideration is supported 24 in fact and law. And as I mentioned, and

ISSUES CONFERENCE 121 1 this is a Riverkeeper number 4 issue, I 2 think, also, but there's a clarification 3 that was requested by Entergy on page 13 of 4 their request for a hearing, and I wondered 5 if department staff could speak to that.

6 MR. SANZA: I'm looking for where the 7 request for clarification is.

8 ALJ VILLA: It's about halfway down the 9 paragraph, maybe about eight lines up. To 10 that end, we request that this tribunal 11 obtain clarification from NYS DEC staff on 12 their position with respect to thermal 13 discharges.

14 MR. SANZA: The current discharges from 15 the facility?

16 ALJ VILLA: Ms. Zoli?

17 MS. ZOLI: Mr. Sanza, why don't you 18 explain to us first whether your denial is 19 actually based on thermal discharges, because 20 that's not clear. It says the department 21 could reconsider its position. And so if it 22 is clear, then I would appreciate your 23 clarifying the water quality standards that 24 you believe are relevant to the thermal

122 ISSUES CONFERENCE 1 determination because as we -- as we 2 understand the notice of denial, your 3 position on thermal is solely a function of 4 Section 704. It does -- your discussion of 5 701.11 on page 11 doesn't mention thermal, 6 and your discussion of 608 on page 21 doesn't 7 mention thermal, and so we'd like to 8 understand what the department's position is.

9 MR. SANZA: I'm not sure I really 10 understand what you're asking. The letter is 11 clear at least insofar as I'm concerned in 11 12 through 13 outlining the part 704 criteria 13 concerning thermal discharges and the whole 14 history of how we actually don't have to date 15 still all of the information necessary to 16 make the evaluation of whether or not the 17 facility complies with the standards and 18 criteria or not; we do know that you're still 19 going to be in the water at least through 20 July -- through September of this year, to 21 get that data for the department.

22 MS. ZOLI: So I take from what you just 23 said that you do not -- it's not that you 24 concluded we're not in compliance with

ISSUES CONFERENCE 123 1 thermal requirements, but you require 2 additional information to make your final 3 thermal determination; is that --

4 MR. SANZA: At the point in time we had 5 to make the determination, pursuant to the 6 one-year Clean Water Act rule, we didn't have 7 any -- we did not have that information, so 8 we couldn't make the certification that 9 complies with applicable standards and 10 criteria, so I think that's very clear.

11 If you submit the information that has 12 been requested since, I guess it would be May 13 of last year, then like the letter states, we 14 can reconsider the position insofar as this 15 issue is concerned.

16 ALJ VILLA: So department staff is 17 waiting for more information to be submitted.

18 MR. SANZA: Yeah, I thought the letter 19 was clear in saying that too. Entergy will 20 acknowledge they haven't gone all of the data 21 gathering that was asked for and they need to 22 go in the water from July through September 23 of this year --

24 MS. ZOLI: We will acknowledge that the

124 ISSUES CONFERENCE 1 department --

2 MR. SANZA: -- to verify and calibrate 3 the model that they've been asking us to look 4 at.

5 MS. ZOLI: We will acknowledge the 6 department has asked us to go into the water 7 in July and August, not that that was 8 required, but they have asked us to do that, 9 and so I think, Mr. Sanza, you've clarified 10 that the thermal issue is subject to 11 reconsideration and your decision is made 12 under Section 704? Do I have that correct?

13 MR. SANZA: Right. If we get the 14 information we can reconsider it.

15 MS. ZOLI: Thank you.

16 ALJ VILLA: All right. Anything further 17 from department staff on this particular 18 issue, Entergy's factual issue number 1, 19 which is similar to Riverkeeper number 4.

20 MR. SANZA: No, your Honor.

21 ALJ VILLA: Riverkeeper?

22 MS. BRANCATO: Yes, your Honor.

23 Riverkeeper supports the DEC staff's 24 determination that Entergy has failed to