ML12207A122

Supplement to License Renewal Application - Compliance with Coastal Zone Management Act

ML12207A122
Person / Time
Site:	Indian Point
Issue date:	07/24/2012
From:	Dacimo F R Entergy Nuclear Northeast
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-12-107
Download: ML12207A122 (42)

Text

Entergy Nuclear Northeast Indian Point Energy Center 450 Broadway, G P.O. Box 249 Buchanan, NY 10511-0249 Tel (914) 254-2055 Dacimo, Fred R.VP License Renewal NL-12-107 July 24, 2012 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

SUBJECT:

Supplement to License Renewal Application

-Compliance with Coastal Zone Management Act Indian Point Nuclear Generating Unit Nos. 2 & 3 Docket Nos. 50-247 and 50-286 License Nos. DPR-26 and DPR-64

Dear Sir or Madam:

By letter dated April 23, 2007, Entergy Nuclear Operations, Inc. (Entergy) submitted an application for renewal of the Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3, respectively) operating licenses (Reference 1). The License Renewal Application (LRA), Appendix E,"Applicant's Environmental Report -Operating License Renewal Stage -Indian Point Energy Center," indicated that Entergy would submit a Coastal Management Program Consistency Certification to the New York State Department of State (NYSDOS).

In addition, the NRC Staff, in the IP2 and IP3 Final Supplemental Environmental Impact Statement (FSEIS), issued in December 2010 (Reference 2), noted that "[b]ased on IP2 and IP3's location within the State's Coastal Zone, license renewal of IP2 and IP3 will require a State coastal consistency certification." FSEIS at 2-142, In accordance with 10 C.F.R. § 51.45(d), this letter updates Entergy's status of compliance with the Coastal Zone Management Act and, to that extent, supplements the LRA. Entergy reassessed the Act's requirements and has determined that IP2 and IP3 already have obtained the necessary consistency reviews from the State of New York and that license renewal will not result in coastal effects that are substantially different than the effects previously reviewed by NYSDOS and other state agencies with jurisdiction under state law to make those determinations.

15 CFR 930,51(b)(3).

From this determination flows the conclusion that IP2 and IP3 require no further consistency review in connection with this proceeding.

Specifically, there have been consistency reviews of IP2 and IP3 operations on multiple occasions.

For example, we note: (1) the New York Power Authority's (NYPA) environmental review in support of its transfer of IP3 to Entergy Nuclear Indian Point 3, LLC in 2000 (Reference 3); (2) the New York State Department of Environmental Conservation's (NYSDEC) Coastal Assessment Form dated February 11, 2000, completed as a part of the State Pollutant Discharge Elimination System (SPDES) Permit renewal application for IP2 and IP3 on March 2, 2000 (Reference 4); (3)the New York Public Service Commission's (NYPSC) Final Supplemental Environmental Impact AMW-NL-12-107 Dockets 50-247 and 50-286 Page 2 of 3 Statement (FSEIS) for the transfer of IP1 and IP2 to Entergy Nuclear Indian Point 2, LLC dated August 17, 2001 (Reference 5); and (4) a Final Environmental Impact Statement (FEIS) concerning SPDES permit renewals for Hudson River energy facilities, including IP2 and IP3, by the NYSDEC on June 25, 2003 (Reference 6). Additional information on two of the prior consistency reviews follows:* In 2000, NYPA authorized the transfer of IP3 to Entergy Nuclear Indian Point 3, LLC. As part of the ownership change, NYPA -- the New York State agency that had been the owner and operator of IP3 for more than two decades before the transfer, acting as the Lead Agency for the review-- conducted an environmental evaluation of the plant's operations.

The evaluation included a Negative Declaration and Notice of Determination of Non-Significance pursuant to New York's State Environmental Quality Review Act (SEQRA), a Full Environmental Assessment, a New York Coastal Assessment, and a Federal Consistency certification (Reference 3). NYSDOS and NYSDEC also were involved in the evaluation.

In this review, NYPA determined that IP3's operations were consistent with all enforceable policies of the New York Coastal Management Plan.* On August 17, 2001, NYPSC adopted a Final Supplemental EIS regarding IP2 operations, clearing the transfer of the facility (and Indian Point Unit 1) from Consolidated Edison to Entergy Nuclear Indian Point 2, LLC. As a part of this authorization, NYSPSC determined that the proposed transfer of Indian Point Unit 1 and IP2 was consistent with applicable New York coastal zone policies (Reference 5).In addition, the operator and/or owners of IP2 and IP3 have applied for and been issued numerous other permits for specific plant operations or activities, such as building construction, wastewater or stormwater discharges, hazardous and mixed waste storage, air emissions, and petroleum storage. Each permit issued to IP2 or IP3 after the adoption of the New York Coastal Management Program (NYCMP) in 1982 required a determination by the relevant issuing agency that the specific operation or activity met all enforceable policies of the New York Coastal Management Plan.Further, in the same manner as the transfers of IP2 and IP3 to Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC over a decade ago, the renewal of the operating licenses for IP2 and IP3 will not result in any change in the operation of the plants. Entergy does not at this time intend to make substantial modifications to either plant during the renewal period. Any potential modifications to IP2 or IP3 that may be imposed by NYSDEC as part of its future SPDES permit determinations will be reviewed and addressed in those proceedings, and are beyond the scope of the license renewal application currently pending before the NRC. Finally, the license renewal process has required, and will continue to require during the renewal period, the implementation of certain aging management programs.

However, none of this affects how Entergy operates the plants.For these reasons, Entergy has concluded that no further action by NYSDOS in regard to a Consistency Certification is needed for the purpose of IP2 and IP3 license renewal. Thus, consistent with the requirements of 15 CFR 930.57(a), Entergy is supplementing its LRA to reflect the foregoing determinations in Section 9.3 of the Environmental Report for these units. See Enclosures 1 and 2. As an additional consequence, as reflected in Enclosure 3, Attachment D to the Environmental Report is deleted in its entirety.

NL-12-107 Dockets 50-247 and 50-286 Page 3 of 3 There are no new commitments identified in this submittal.

If you have any questions, or require additional information, please contact Mr. Robert Walpole at 914-254-6710.

I declare under Ienqlty of perjury that the foregoing is true and correct.Executed on -7/2.?4 Sincerely,

REFERENCES:

1. Entergy Letter from Fred Dacimo to NRC Document Control Desk,"License Renewal Application" (Apr. 23, 2007) (NL-07-039)

2. NRC, Office of Nuclear Reactor Regulation, NUREG-1437, Supplement 38, Generic Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 38 Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final Report (December 2010)3. NYPA, SEQRA Negative Declaration, on the proposed sale of NYPA's IP3 to Entergy (Mar. 31, 2000)4. NYSDEC, Coastal Assessment Form dated February 11, 2000 for Application for Renewal of the State Pollutant Discharge Elimination System (SPDES) Permit for IP2 and IP3 (Mar. 2, 2000)5. NYPSC, Order Adopting and Approving Issuance of FSEIS, on transfer of IP1 and 2 from Con Edison to Entergy (Aug. 17, 2001)6. NYSDEC, FEIS Concerning the Applications to Renew NY SPDES Permits for Hudson River Power Plants, including IP2 and IP3 (June 25, 2003)ENCLOSURES:

1. ER Section 9.3 2. ER Table 9-2 3: ER Attachment D [Deleted]cc: Mr. William Dean, Regional Administrator, NRC Region 1 Mr. Douglas Pickett, Senior Project Manager, NRC NRR DORL Mr. Robert F. Kuntz, NRC Sr. Project Manager, Division of License Renewal Mr. David Wrona, NRC Branch Chief, Engineering Review Branch I Mr. Sherwin E. Turk, NRC Office of General Counsel, Special Counsel NRC Resident Inspectors Office, Indian Point Ms. Bridget Frymire, NYS Dept. of Public Service Mr. Francis J. Murray, Jr., President and CEO, NYSERDA Mr. Cesar A. Perales, Secretary of State, NYSDOS ENCLOSURE 1 TO NL-12-107 ER Section 9.3 Underlined for added text StFikee't for deleted text ENTERGY NUCLEAR OPERATIONS, INC INDIAN POINT NUCLEAR GENERATING UNITS 2 AND 3 DOCKET NOS. 50-247 & 50-286

9.3 Coastal

Zone Management Program Compliance The Federal Coastal Zone Management Act ("Act", 16 USC 1451 et seq.) imposes requirements on applicants for a federal license to conduct an activity that could affect a state's coastal zone.The Act requires the applicant to certify to the licensing agency that the proposed activity would be consistent with the state's federally approved coastal zone management program (16 USC 1456(c)(3)(A)).

The National Oceanic and Atmospheric Administration has promulgated implementing regulations that indicate that the requirement is applicable to renewal of federal licenses for activities not previously reviewed by the state (15 CFR 930.51 (b)(1)). The regulation requires that the license applicant provide its certification to the federal licensing agency and a copy to the applicable state agency (15 CFR 930.57(a)).

The NRC's office of Nuclear Reactor Regulation has issued guidance to its staff regarding compliance with the Act. This guidance acknowledges that New York has an approved coastal zone management program [NRC 2004]. The IP2 and IP3 site, located in Westchester County, is within the New York coastal zone.The NRC is .xpcted to issue the dr-aft SEIS for- P2 and ;P3 in early -2008. At that time, Entergy will submit an application for- a Coastal Zone Consisteney Certificatiefn (see Atachmnent D) to the NYS-DQ hic will incelude a copy of the License Renewal Appli-at-ion-for- -W-2 and IP3 and a copy of the draft SEIS in fulfillment of the r-egulator-y r-equir-ement for- submitting a copy of the coastal zone .onsistency ertifiation to the appr..pr.iate state agency. Entergy has determined that its License Renewal Application for IP2 and IP3 satisfies the requirements of the Act. In particular, IP2 and IP3 have already obtained the necessary consistency reviews from the State of New York, license renewal will not result in coastal effects that are substantially different than the effects previously reviewed by New York State and found to be consistent with the applicable policies of the New York Coastal Management Plan, and therefore, IP2 and IP3 require no further consistency determinations associated with license renewal. Moreover, Entergy now believes that the New York Coastal Management Plan also exempts both plants from further consistency review.

ENCLOSURE 2 TO NL-12-107 ER Table 9-2 Underlined for added text St-ikeeut for deleted text ENTERGY NUCLEAR OPERATIONS, INC INDIAN POINT NUCLEAR GENERATING UNITS 2 AND 3 DOCKET NOS. 50-247 & 50-286 Table 9-2 Environmental Consultations Related to License Renewal Agency Authority Activity Covered U.S. Fish and Wildlife Endangered Species Act Requires federal agency Service and National Section 7 (16 USC 1636) issuing a license to consult Marine Fisheries Service with USFWS and NMFS.New York Natural Heritage Endangered Species Act Requires federal agency Program Section 7 (16 USC 1636) issuing a license to consult with the fish and wildlife agency at the state level.New York State Office of National Historic Preservation Requires federal agency Parks, Recreation, and Act Section 106 issuing a license to consider Historic Preservation cultural impacts and consult with SHPO.New York State Federal Coastal Zone Requires federal aaency Department of State Management Act (16 USC 1451 issuing a license to make a et seq.): National Oceanic and determination of substantially Atmospheric Administration different coastal effects after Regulations (15 CFR 930.51(e))

consulting with the state agency and applicant, to the extent required by 15 CFR 930.51(e)Roquiroc an applicant to pr9oide certification to tho federal agoncy iccuing th liccnco that liconco ronewat%gould- -he eocistont with th fedcrally approved state coactal zonoe managemen New York State Clean Water Act, Section 401 Requires New York State Department of (33 USC 1341) certification that discharge Environmental would comply with state Conservation water quality standards ENCLOSURE 3 TO NL-12-107 ER Attachment D [Deleted]Underlined for added text St4keeut for deleted text ENTERGY NUCLEAR OPERATIONS, INC INDIAN POINT NUCLEAR GENERATING UNITS 2 AND 3 DOCKET NOS. 50-247 & 50-286 C Indian Point Energy Ccntef Applicant's Canvirnmental Repart Attachment D Coxstal Manaqctment Progcr-am Conswsteney VctcrMinatlon TO RIE ! .RPMX .TE AT LATER DATE Feder-a I i Consistcney Gertification for Federal Ferm t and Licenlse -. pi-- I Thisis the QIP3), hree Entergy Nuclear indian Point 2, LLC (1P2) and E~ntorgy Nu i n after referred to ar. "rntergy!, cortifiration to the U.S. Ni GleaF indian Point 3,LC u.leOa: Regulater; uommission (NRJG.) that the renewal o ath Inc ai' nd wIP tperat!ng Licenses win De censislern

%with enforceable policices of the fodcrally approved state coastal zone manag n prgram.The certification describes background F equirements, the proposed action (i~e.icnso renewal), anticipated cnvironmental impacts, New Yerk State Coastal Management Program (NYSOMP).policies, IP2 and 1P3 cempliance status, and summar; findings.CONSISTENCY CERTIFICATION Eintergy certifies to the NRC that renewal of the 1P2 and 1P3 Operating LiGenses comnply with thei enforceable policies of New YoFk State's approvcd Coastal Management PrOgram (NYSCMP)and will be conducted in a manner consistent with SUch program;.

Entergy expeets 1P2 and 1P3 cperatiens during the renewed license terms to be a continuation Of currcnt operatiens a described below, with no physicsal er operational station alterations that would affect New York(State's coastal zone.NECESSARY DATA and INFORMATION Statutory

Background

Thea Fodrlederal Coastal Zone Maniagement Act (CZMA) (16 UJSC 1151 et seq.) imnposes requirements en an applicant for a Federal license to eonducst a roview of an activity that eeuld affect a state's coastal zone. The Aet requires an applicsant to certify to the licensing agency that the pro6posed action weuld be eonsistent with the state's federally appreved coastal zen management program. The Act also FeqUircs the applicant to provide te the state a copy ef th-e certi-fication statement and requires the state, at the earliest practicable time, te notify the federal agency and the applicant whether the state concurs with, or objects to, the pensitne, certific~afion.

See 16 USC 1456(c)(3)(A).

The National Oceanic and Atmoespheric Administration (PIGAA~) has premnu'gated ipeetn regulations that indicate the certification requirement is applieable to renewal of federal license for activities net prcvioU~ly reviewed by the state [15 CFR 930.51(b)(1)].

NOPA approved h New Yerk coastal zone management programn in 1982. in New Yedk, the appmevcd program i the NYSCMP, and the New York State Wateffront Revitalization of Coastal Areas and inlan Waterxays Act, contained in State Fixeeutive Law (SEL) Aticle A2,. Department of State regulations in19 NYCRR Part 600, and State E~nviremntlQul Review Act (SEQRA), rogulations in6 NjYGRR Part 61-7.Article 12 SEL 912.9 aSSUres the consistency of federal actions with policies of the hew York coastal area and inland waterways and with accepted watecfront revitalization programns of the area. NRC licensing is a federal activity, and the 1P2 and 1P3 locsation is within the New Yr.coastal area and inland waterways.

1P2 and 1P3's withdrawal from and discharge to oaesta areac and inland watemavys could fee enably be epestd to potentially affect the coastal areas a;;n~d inlnd-nna mWatelr~-v.S.

Tlhe- Stante reultin cuires certification of emoln)ianee with th-e (1

\. ..TO BE SUBMITTED AT LATER DATE NYSCMP policies (19 NYCRR Part 600.3) and the regulation listS the pol~icis (19 NYCRR Part 600.5). Table D 1 idcntifies the policies and Entergy'r.

justification for crt9ifying complince.

PFeposed Action Entegy i aplying to the PNRC fOr renewal of the 1P2 and 1P3 Operating Lieenzces for an additional 20 years beyond the curnt lpiain dates ef Septembcr 28, 2013 and Decemnber-12', 20165, respcctively.

Entcrgy expects 1P2 and 1P,3 operations during the llCensO rcnewal tr to bhe -a eentinuWati-en of euefnt eperatiens as deseeibed inithe follwing paFagfaphs 1-w#th-e PhYI~a OFepea~oa~

anges that would ftet-4he-Now York State coastal -zone~-.Entefgy cer-tifies.

that the licefiSe renewal application complies with the enforceable policies of th NYSCMP and that lP2 and WP3 will continue to be operated in a mnannor consistent with such Back~ground Intormatlen WP2 and 1P3 are located 24 miles nor~th of New York City on approximately 230 acrcs of land en theeas bak3f the Hudson River in ufpper Westchcster County, New York. Therm arc three reacter-s at the site, indian Peint Units 1, 2, and 3. INi was permanently shut down in 1974 and iinSAFSTOR until it is deeommissioned.

A decommissioning plan for INi has been submitted to the NRC and accepted, with plans fordecomcinn when 1P2 is decomm~issioned.

Power generation during the license renewal term will consist of 1P2 and !P3, with prewsuized water reaetOrSan ubi e gnraters licensed for OUtputsof 3,216 and 3,216 megawatts thermfal (MWt), and electr~ic ratings ef 10758 and 1080 megawatts electric (M~e), respectively.

The WP2 Operating License was issued in September 1973 and expires in September 2013.The 1P3 Operating License was issued in December 1975 and expires in December 205 Entergy Nuclear Op'mrtionsI on., a ,ubsidiap, of oper.ates the facility.

The s-te exclusion arFea IS shown in Figure 2 3 of the liconse renewal Environmental Report (ER).Approximnately 90% cf the area within 6 miles of the stafion is residential heuig parks; and-..e....aions.

The transmnission system that ties WP2 and ,3 tothe NeW YorkF grid is in a single right of way to Buchanan Substation, located approximately 2,100 feet sou heast e- the reactors.

in areas such as the Hudson River V l~eyI-th-

' d-end the coastal- one may extend inland uip to 10,000 fet., In the vici, of ...nd.3, the boundar; lies alo.n Washington Street to the east of the Village fBh n, a ther.efre, the area oe interest inlues ethe plant-property and the Buchanan-Sbtio

[NOAA1. Figures 2 1 and 2 2 of the ,Fnv..nm.ntal Report arc 1P2 and ,P3 50 mile and 6 mile vicinity maps rFepeetively.

lP2 and WP3 arc equipped with once through heat dissipationsseata withdraw coaling water fromn and diseharge te the Hudscn River. T-he detipmls f the plants'e coolng systems, intake and discharge system are provided in Chapter 3 ef the license renewal ER.RP2 and 1P3 each have shercline situated inteake structures consisting of seven bays (sixfe circulating water and ene for servgcc wateo. Ristroph screens and fish retum systems were timely installed at.P3.and .P2 and completed in 1990 and 1991, respectively.

Design ior-porated into the mnachines were developed and tested in coencert with the-NEisen Rivef Ffishermnen's Association

[CHGECJ. Modified baskets employing bucket features calleet and lift fish to be returned to the river. Additionally, the head section of the screen employs five (5)spray wash headers; thr. e (3) lOW pressure fish Sprays, and two (2) high p.essure debris sprays fer debris cmoval. Each screen well'is provided with the ability to install stop legs te allo 2

(.TO RIP 91 MN4=FD AT I A~TR D)ATE:R dewaterg ofayidvidual screen well for rnaintcnnc pupo .The watcr fromn cach individual flows to a .motor driven, ixý"d 6.ow condenser circulating water pump. [1P2 UFSAR, Sectin 10.2A ,1P3 UFSAR, Sction 10.2.4]Fish arc returned to !he estuar; through a 12 inch diameter pipe that extonds 200 feet inte the..v.e.n the north side of thc .P2 intake St.uc.u..

.Th pipe is partially buried in the river bottem, and dischargles fish at a dcpth of 35 feot. Thd location of the diceag I a )seltcd after conducting dye and fish release studies to find a -lcation that"WuId minimize rc impingement.

..HGEC, Setin I,,, Key c .m.......

of.P3 Serons a, .dcnti.l to these installed at hP2. The W-3 fish ret.syste efforts outside the northwest odmPrd .f the. statpicn'cooling water. discGharge canal iCGESction4 VB.2.G.Iqj ForF 1P2, each of the six du al speed condenser crc*Fulating water PUMPS provides 140,000 gpm and 21 ft total dynami+ head when operating at 2e 1rpm and 84,000 gpmo and 15 ft tetal.. .dynami. he.ad when operating at 187 pm. Each pump is lcated in an ind ';idual pump well;thus tying a sec.tion of the condenser to an individual pump [rP2 UFSAR, Section 10 .2.4r. Far 1P3, h of the six va.able speed condenser ci.rculating w.ater PUMPS provtdes 10',000 gp, t 29,fttotal head when operating at 360 rpm. [,P3 UFSAR, Section .10.2.41.The ownears u4se best reasonable efforts to aperate the 1P2 and 1P3 dual, and Variable speed circulating pumps to keo of vou efiver water drawn into the stations during the relevant entm inmont period at the m*rininFm-reqUiFed for efficient oporatien, ronsidcring-mnbent r vef..............................

......mee wate qu l;ýY ... .. ... ....... .. .......r-- ', n oh r peeitreeonditins.

Flow Fates ar dependent upon intake w oratur. and typially peak between early May and late Otber.. In ad.di .n, .u ..e scheduled, where resen practicable, in a manner sensive to r nt cnsiderations, typically dur-ng the late sp enraimn peiowih-h resl ha ny n ni soprtn during that eutage period each yea-F. uFther, extensive entrainmnent survival studies roflect a very high level of entrainment survival among certain species-.After movying through the condensors, cooling water fromR 1P2 and 1P3 flows downward from the dir.charge water boxes by way of sex 96 inhdawn pipes, and exits under the water sU~afB n 10 foot wide di~scharge canal.The cutfall Or disehargce.strmotur f.or the 1P2 and 1P3 fiacility is designed te enhanee mixing of Gooling water and riveF water in such a way as to Minimiz6 thermal ipcintho ier It canR accommodiate the rhndnnom ht P i---- combined cooling watcr flow frmbt P n P3 (about 1.75 million gpm, inclUding.

scr~ec water). The eoaling water fromn the dischargo ehannel is released to tho Hudsoni River via an oulfall structur locatcd south of 1P3. The outfall strUcAure consist-s of 12 submnerged rectangular pOArs oup with adjus table gates that arc in line and parallel to the river axis. The ports, 4 feet high by 15 feet wide and spacod 21 feet apart (centor to oentsro, arc submerged-to a dept hef 12 feet r*nere urffe e-m fiumlew bwater% The Fst upstream c !3 itae; holefgth-"ef-tetal por otini approximately 252 foet. T~he disorhrg pet raoan be adjusted mechanically to maintain a minimum hydraulic head differcntial of 1.75 feet acrss the eutfall. structure, which assureS a diseharge velocity of approximately.

10 fps. [GHGEC, Seotion IV.B.2.-]Entergy holds State Pollutant Disoharge Elimmination Syste m (SPDES) peFRmS for this and ethor plaAVtOFtArwater diseharges (NY 0004472, NY 0234826, NY 0250414, NY-0251135)-with

(.1 3 (

TA RR 59T TRMTTT=fl AT T ATFR flATP (i!effluent limitations, moenitoring rcguircments, and ether GOnditions that cnSure that all diseharges ar i n compliance with Ti~c 8 of Adticle 17 of the EnVironm~ental Conswration Law (EGL) ef New.York State and the Glean Wate. Act (CWA), as amended (33 USG Se.tion 1251 et seq.). In accordance wIth pemtrgic ts, Entergy monitors disohargo Gharacteristies and ropeda the results to the N 1w Yorkl State Depadmcnt of Environmcntal GenrsewatiOn (NYSDEC).Concentrations of rad-ieac-tivity in effluents arc subject to the regUier~ecntr.

and lim~itations of the NRG-Typically, the tempematuro incre~as acrossqr thc 1P3 condenser at 360 RPM irs in the range from 14.62F to 19.02F (8.12C to 10*C) and at 1P2 with all fast speed pumps from 172F to 222F (9.44*G to 12.222C).

Severe fouling due to debris in th6 Hudson Rivcr may cause !he water temnpematUre inGecase acr.oss the condcnsers to go as high as approximatcly 362F (19.44 0 G).The pe~mitted daily avemago diseha~ge termperaturo is not to exceed 352F (342C) between April maxium disoharge teimperature to cxcccd 1 10 0 F (43.32C).1P2 and WP3 do net have an onsitc wastewater trcatment plant. Sanitary wastewaters fromn al!plant locatiens is transfcrrcd to the Village of Buchanan publil" wo trcaent works (POTA') system whcro it is maniaged apprOPriately, emecpt for a few isolatcd arcas whieh have thcir oWn septic tanks which aro pumped out by a septic company, as Accded, and taken to an offoito facility for appropriatc management.

Although sanitary wastcwators at the site arm Rnonadioactive, a radiation moenitoring system is previded to continuously monitor radiation.

c-cls in the c.flucnt from thc protcotcd arca.A.s of Juno 2006, Entergy employs a pc,,,,ncnt wor,.forec of approximately 1,255 employcca (including baseline pcrm nefttceontmetesr) at WP2 and 1P3., The majority of the 1P2 and 1P-3 weorlOorcc (a~pproimately 78%) loves in Dutchess, ()range, and Westchester Counties.

1P2 and 1P3 arc on a 24 month altFrnatung rofueling eyelc. Dufing refueling outages, sits srnplyment incgases above the 1,255 pcrson permanent WerkfOroc by appFOximatoly 950 work~ers fcr....peo,, , duty (appr..xim.a..ly

-30 days).Envlrl nmentIal Impaets The NRC has preparod a Gencric Environmental Im~pact Statement assessing impacts that nuclear power plant licensc ronewal could have en the eonveironmnt and has eed~isid its Winings in 10 CFR 51, Subpart A; Appendix B, Table 13 1 [NRC 19961. The codification identified 92 potential environmentpl iissues, 69 of which the NRC identified as having small impastsan t,.m.d .Categ.,y 1 i.su.s." The PRC defines "small" as Small For. the .ssu. .....n... ntal .f.. ts arc net d.t..table or arc so minor- that they will ncithcr destabi~lize nor neticcably alter any important atribute of the ressurcc.For the purps of asoin@ radiologieal impacts, the Commission has concluded t.La those impaes~ that do not excood permissible levols in the Commission's rogulations arc eensiderod sm~all as !he term is ufsed in this table (10 CFR 51, Subpart A, Appendix B, Table B3 1).The NRC based its assessment of 1issnse ronewal emat n its evaluations of impeets from cuF~ent plant operations.

The NRC sodifisation and the Gcnerie Environmental Impast Statcmcnf discuss the following types of Category 1 environmental issues-4

\~.TO BE SUBMITTD AT LATER DAT E aS-urface woatcer quality, hydrology, and use&Grobundwatcr use and quali!a I crrcstial rcsoucc a. AiF quality& Land-use& Human healh A Postul-ated-accsidents aUsanium fueal cyclc and westem acmn& eeiis'nn in its decision making for plant specific li.cnse r.newal applications, absent new and sgr.ifi.ent-infcrmation in the Generic Environmcental Impaet Statement, for assessMent of cnviuronment impacts ferom Catcgoi-;

1 issues [10. CFIR 51.96(6)(41).

For plants such as 1P2 and 1P3 the! are locatcd in !he, coastal zone, many of these issues involve petcntial imipacts to the coastal zene.Entecgy has adapted by rcferonee the NRC fidngs and Generie Environmcrntal Impeet Stateemnt analyses for all 4- Categar; 1 issues applieable to "P2 and 'P3.The NRG Fe ulatien idcn~ficid 21 issues as "Gateger; 2," fOr which Ileense renewal applicanta mu, -,.; bmi additional s.te spc rt fthagp 114 ap t 2 and ", and" ike the Gatogo .1 issues, could potentially involve impats to the cotastal zone. The appliea i .sues and Ent..gy'S impact conclusionS arc listed below.Aquat s-ecl.gy*Entmrainent ef fish and shellfish in early life stae ThfiS issue addesses Fmortality Of organinsms small enough to pass thr.ugh the plant's Gcircuating

...lir.g wate.system. 1P2 and 1P3 utilize a enec through sealing watcr SyStcmR that withdraws 2 :The Femaming~ireg Catyor issoues do no! apply to IP2 and 1P3 eitheF-bee ue-they-are-assechiaed-wf~idesi'-e G~e rat on at. fea t urs..thal..

I P2. I P3. d oes. not. have -e-... eg.;. ce~ q lo e m. wers)} o r.to. refurbishment.

ae L ities,,..

that I..tP2. and. 4P38 wilt n ot.,de%.3 10 CFR 51, Subpart A; Appendix B, Table B 1 else identifies 2 issues oasNA* far which the PIRG eooud net eome~ to a GORCtUcian regardinig Gatogori~zaiion-.

Entorgy believes that these issues, ehrOni offoots of electrornagnefie fields end erioaoametci"',,

4 The Femainicg Galogar; 2 issues do no! appty, to 1P2 and 1P3 thho; becaus they are assesiated AIth design OF operafienal features that IP2 and WS3 does not hays (e..g.,edn towers OF .,t. ,furbishmen!

aefivifies that IP2 end 1P3 w.ill not/: j" ,...5 TO BE S "N'TTE" AT LATER DATE ceoolng water feromthc Hudsen River. The plant holds a State Pollutant D)ischarge Elimination System (SPDES) permit (NY 00044172) for diScharge Of cooling watefs from the New Yo.k Slate Dcpartn ..nt of .nvi ..nm.ntal Conservation

[NYSEC 19871. M.re than 30 years of cd-ensive fdshies studies of thdtH, utdsn RiVF rhave been n the vicinity of " P2 and R.3. The results of studies perforMed frOM 1974 to the prcsent period have net show nyngtve trend in overall aquatic river' 3ecesppulations attributablc to plant operations

[CHGEC; ASA]. The ongoing ,studdies continue to suppoet these conclusions

[ASAI. Entergy uses boSt rcasonable efforts to operate 1P2 and 1P3 dual and valbo pe ircUlating pumps to -ke~-the volume of river wat. .drawn into the statie^ during the relevant ent. nt ' erion at tho minimum ruie Iforefficient operation, considering ambient rivr wat6r temp,, ature, plant operating status, the need to me, t water quality standards, and-otheF peteendi.iens.

Flow Fates are dependent upon ntake water temperaturc, and typieay-pea ly cl... ate Ocebe-. In additn.-, outages -ae scheduled, where reasonbypatebe in -a manner sensitive to entrainment ccnsideraitions, typically drn telt spring entrainment period, with the result that only one Station is opertn duig tat outage period each yearý. Furter, extensive entr-ainmnent survival studies -reefle-cst -a ver,' high level of cntrainment suria-mn certain species. Mitigatin mesuesiplemented through the Hudson River Settlement Agreement and retained in the fou r Consen OrQders, currn grcnts w'ith NYSOEC, along with the outcome of current draft SPIDES PeFrmi proceedings', will enSUre that entrainmient impacts rcmain SMALL during the license renewal terfn[HRSA;, NYSDEC 1997Y.Imoneipment of fish and shellfish This issue addresses mod~ality of or-ganisms large enough to be caught by intake sercoens before passing thro~ugh the plant's circulating cooling water system. The plant has installed Ristroph screens and fish rotum systems en the 1P2 and 1P3 intake structures to minimize the impaet of impinlgcmlnt.

Extensive descriptieons of more than 23 yearc of Hudson River fishe ic and habista studies involving trends in key species abundance, diversity, richniess, and modatlit Fates, and impacts from cnitrainrnefnt and impingement at once. through cooling wator intakes wore provided in a 1999 Draft Environmnental Impact Statement (DEIS)submitted on behalf of the cwnor-s of the Reseton, Bowline Point, and Indian Point (_generating stations [CHGEC]. As mentioned above, continuing studio ar onging and are submnfitted annually to the NYSOEC. The DEIS deScribce sampling study results at Indian Point (.P2 and .P3), and id..enti..ied SA sp.i.s of fish in Mo.e than 20b yearn of impingement studies. Conditional mod~ality rate (CMR) estImats oAf thee numbers o-f fiSh lost tAo impingement intefrated with estimates of the abundance of fish in the r w sented in the DEIS (as a perentage) to estimate the PrnpOoeional .Ir-educ.t~ion o.f the population

[CHGECG,.Secticn V!.B.1.bI.

CMRs and discussion of models to define the CMRs are presented in the DEIS and Its appendixes

[CHGEC, Section Vl.2ZA and 13]. The estimated average annual GMR duo to impingement for American shad is 0.0%, for Atlantis tomeod is 0.62%, for bay ancehovy iS 0.05%, for bluobeek herting i~s 00.222%, f-r alewife is 0.14t%, for spottail shiner is 0.10%, fOF StAped bass is 0.20%, and for white perch is 1.70% Section V.0]j. it should be noted that the impingement perentages included data eollected from 1981 to 1990, which was prior to installafion of the RiStroph screens on the 1P2 and 1P3 intak~es.

T-herefere, the impingement modtality during current opertios and the lienmse rernewal peried wouild be significantly less, basd n the 6 TOURE 91 MI~r AT L ATERR DTP~imigment mor~tality percentage estimates citcd above and anticipating the cnnuduse of the Rictreph cercens and fiSh return systems installed.

in the Fact Sheet to the draft permit, NYSDEC noted that the current design, along with rMeasonablo flow reductionS and generation outages....

attains an estimated 77%Fedurtion-i4F-iempi inetalkNY&QEC_

20031. Cumrnty ma ha 30 yeas of extensive fisheries studies of the Hudson River have been completed inthe vicinity of 1P2 and 1P3. The results of the studies peorfmed fromn 1974.to 1997, the period of time covcred in the DEIS, arc Ircfercinccd anind sulmmarized in the DEIS, an have net shewn any negative trend in everall aquatie river-pee ouain attributable to plant operations.

Ongoing stud ies continua to suppoed these GORGcLuSiGAS

[ASA]. in addition, current mitigation mneESUres implemented thrcugh the HRSA and rctaincd in the four COnsent Orders, the eurrcnt agreemcnts with NYS DEC. along with the outcome of the draft SPIDES PerMit proceeding, will ensur that impingement impactS Fremain SM3.4LL during the license renewal term.l+ He-;atrshocýk-This issue addresses mortality ofautcognssb our-e to heated plant effluent.

The studies discussed above also addresses the impact from heat ~~ chc Fn equiremnents of 316(a) of the federal Clean Water Aet and NYSDEG regulations.

T-emperature limitations established by the NYSDEC in SPIDES pefrmit*NY 0001172 to ensure the protection and propagation of a balanced indigcnu population of shellfish, fizh, and wildlife in the Hudson River ore being met. 4n addition, as discussed above, the sites' discharges were designed, and arm operated, to minimize potential adverse impacts. Thcrcfere, Entcrgy corncludca that heat discharge from the sites' ecoding systems does not cueapeibeh~o inte~fere wvith the mai-ntenainre oft an banlanced indigenous aquatic population and thet impacts WIll remain SMALL during the licence renewal peid.(/Threatene~d AF encdanered snecies Foura-animal speGies cunrently protected and two candidate species under the End,. ......peisArt have geographic ranges which could possibly include the site (seTable D 2).-Fed'rally protected and candidate species potentially represented include ,,,. fish,.two mam.mals, one reptile, and one bird. These are tho shortnOse sturgeon (A...e...hre'n-!Mrunt,:,,.

Atlnnt~c st'-raeon (Aeicn.ncr !,"dinna bat (A~ai " "ik _Englandl cettOntail rabbit (SyMlagus.transitienafis), bog turtle (GI emrny rnhcbeg handbld eagle (Hafiaeetus leuseecphalus).

Of these speeies, the Indiana bat and the shortnose sturgeon, are listed as endangcrcd, the beg turtle and bald eagle are listed as threatened, and.the AtlantiG sturgeon and the New England eollentail rabbit are listed as candidate Spedis T-here have been no sightings of the Indiena bat Or bag turtle either onsite or within the vicinit The sheoFt..s.

sturgeon is the only aquatic spe.ies listed as threatened Or endangered in the virnit -of P2 and 1P3. Entergy recei.ed US, -S and NMFS input on the pr.senee of listed Species in the vicinity of Indian Point in januery 2007. Both agencies identified the sheortnose sturgeon in the vicinity of Indian Point. NMFS also mentioned the presence of the Atlantie sturgeon in the vicinity of Indian Point, which the agency iscnieiga adidate Specfies;-and ha; initiated a status review for threatened or endangered species listing. However, the NIVFS has previously stated in biological assessments involving the shortnoSe sturgeon tUhat., 7-(

TO BE SUBMITTED AT LATER DATE overall, the intakes and dischre afHusn River power plante are unlikely to jeopardize the reeovor; of the Hudson River sho~tcse StUrgcon population

[NMFS].Bald eagles have inereascd in tetal number, succoosful nesting pairts, and numbcr el young produeed.

Altcration ef the landseape rcguired by bald eagleS continues to bo the biggest singlc thrcat to this species. Since there are no plans to alter- oper-ations, expand existing fbeilifies, or aCquiro addifional land in support of license ronewal, thimrefr no anticipated pctential impacts on nesting sites frmn continued site operations.

Eivenso, Entergy hasflt procedural controls in placo to ensure that thfeatcned and endangered spcies arc adoguat*l pretectod, if prosent, during site operations and project planning.T-herefOrs, Entergy eeocludes that impacts from !P2 and 1P3 plant operations to the speoies discussed above arc SMALL and has no plans that Would change this conclusion for the liconse Human Rhealth Eleetromacinetie fields. aeute effs ots (eletric -Check! This issue addressee the potential for shook from indueed eurrents, similar to statie electrisiyefcs inte vicinity of transmission lieis. Beeaucs this strictly human health issue does not dircedy or indierecly affect natural resourcos of concern within the Coastal Zone Management Act definition of "coastal zone"[1 USC 1463(1)j, E~ntergY soncludes that the issue is not subject t3 the certification r~eguiremnt

• Socioeconemico

• Hoe4ngfl This iswsue- adrsssipacts that 1P2 and 1P3 employees FegUircd to support lisonse renewal could have on lecal housing availability.

The NRC eaneludod, and Entergy eonourS, that the eporation of Indian Point has not eensidorably affected the housing in the eemmunities neighboring the plants or in the whole of Westehester or Dutehess counties [NRC, 1996, D 2, Sctien CA.4..2.1].

Further, the NRC concluded that impacts rolated to heusing value and Markotability that occur durn~g the lien~s-e renewal term are the same as these euF~ently experienced:

As Entergy does not intend to add additienal pcrmancnt employcos to the 1P2 and WP3 WGrfor~ee, Entergy has conoluded that impacts during the 1P2 and 1P3 licence renewal term would be SMALL.-* Publie-seivicees:

public utilitie This issue addresses impacts. that adding licenso9 ronewal werkors could have en publie water supply systems. Entergy has analyzed the-availability of public water supplies in candidate locales and has found no limitations that.,ould suggest that the 1P2 and lP3 wkfbmersc woueld casedee mats en the*publie water supply. As Entrydcnt intend to add addifional pcrmanent empleyess to the 'P2 and P1P i wAornkforee, Entergy has concluded that imnpactr.

during the license rPneA;A~l to.-M would be SMALL.+ Offsitc land use This issue addrcsses impactS On land use patteFFns fromn local gevefnfffientpefldi f plant PILOT afnd--propoy tax dollars. !P2 and 1P ILO pneymen~taempise-app

.mately39 pefeeil ef the Aillae o uhne eS-a*nd Entorgy expects this to rcmain generally unchangcd during the license renewal term.The NRC econoluded, and Entergy concurs, that impacts to offsite land use woulwb C 8 (7.TO BE STIETIT'D AT L6ATER DATE small if t ,x payments c .ntinu. at approximately the same level. Th...ro.for, Entc.gy eeneludes thet impacts during the 1P2 and SP3 lieense ronewal termn would be- SMALL.* Public servoess:transvortatien This issue addrcsses impactS that adding firense renewe! wer-kers could have en local traffic pattcmsF.

As Entergy does not intend to add-additionel empleycca to the permanent WOrForc~e for the li~ense ronewal term, this%hincUld rom ult in SMALL imnp ts.* Histoi and BF i-eseuc Th s issue addresses impacts AG9se renewal oetivitiss could have en resourcos of histcric Or archaeoaleoGal signiflcan ce;Although a numnber of archaeological, Or hiStGori sites have been id-entified near the IP and 1P3 site, none have been identified en plant property.

T-herefore, snen refurbishment and thcr" ar. also no plans to alt"r .p..ation.^, e.xpand existing faeilfieso, or disturb add~itinal land in support of licence renowol, Entcrgy eeneludes that impacts during the license renewal term would be SMALL. Entergy's corrcspcndenec with the New York State Historic Prceservation Officer (SHPO) elso supports this conclusion sinse the SHPO identified no issues Of concern The New Yo. k State Coastal Management is admioistered by the Division of Goast, Rcseurrs within the New Yrk( State Depornmnt of State (NYSIDOS).

The ofc mintin a website that describes the prgm in .ncral term [ND 3 TheNw Ycrk State Coastal Managcmcnt Program [SEL] contains details about the state's .fo....abl.

policies and management principles.

Table D 1 lists these polieios and discusses for each item the.appliIability to IP2 and lP3 and, where Elppliceable, the status of 1P2 and W13 lompliale.

Fidigs 1.:-The NRC has found that the cnvironmental impacts of Categor,'

1 issues arc SMALL Entergy ha s adepted by refercnee NRC findings Ifo Gategor,'

1 issues applicable to 1P2 and 2L. For Categcry 2 isusapplieablc to 1P2 and 1P3, Entergy has doteFrmined that the envirenmental impacts arc SMALL..3- 1P2.and FP3 arc ini complianc

.eWith New Ye*k State licensing and peFrmittig rIure ns and are in compliance with its leeal go. vemment issued liconsco and permits.4- EnFge Icnarnewal and continued o peration of 1P2 and WP3 would be eensistent with thocnfrccab--hlc policies of the New Y-Ork State Coastal Management Pregram.STATE NOTIFICATION By this ceitification that 1P2 and 1P3 licenso renewal is consistent with the New York State Coastal Management Programn, the New York State Department of State is notified that it ha-s six months from receipt of this leciFr and accompanying~information in which to isoncur Withr object te Fintergy's eertifiatisn.

Howe. r,p PuQ-ani

• A- thP- New York( State Coastal Management Program and 16 CFR Part 930, if the N~ew York State Department oflStatts h.as nat,.. +, 9 S. ..TO BE SUBGTTTMD AT LATER DAT" i ssued a decision within three fnenths foliewing the commencemsent of stato agnc "eIe, shall no*i the contects listed below of the status of the mnatter and the basic, f6oA -"Prth delay.The New Ycrk State Dcpaftrncnt of State's concurrence, objection, Or notificaton Of rcvie~status shall be sent to*Be Pham FPed Dadme U.S. Nucloar Rogulator; Comiin Site Vice Prcsident One White Flint Neoah indian Point Einergy Contcr 11555 Rock':ille Pike 450 Broadway, Suite 1 RGRekIL- MD 20852-27-38 Bucehintann, NY 110511 (/

-.?:, ,,...TO BE SUBTflTED AT LATER DATE-ASA Analysis & Communication, ine. 2004. Year Glass Report for the Hudson River EStuary Monitorng Prorm Ppred for Dynogy Rosoton, L=LC, Ent8rgy Nuclear Indian Point 2, CHGEC (Ccntral Hudson Gas and Electric Corporation).

1999. Consolidated Edison Company of New York INo., New Yort Powcr AuthOrity, and Southern Enr6gy New York, Draft Environmental impact Staicmcnt for State Pollutant Discharge Elimfination SystemF Permnits fOr BowlIine Point, Indian Point 2 and 3, and Rosetan Steam ElIectric Gencrating Statefis.HRSA (Hudson River Settlement Agreement).

Decombor1, 90 1P2 UFSAR. Indian Point Energy Ccnter, Indian Point 2, Updated Final Safety Analysis Repeat 1P3 UFSAR. indian Point Energy Center, indian Point 3, Updated Final Safety Analysis Report.NMFS (National Marine Fisheries Sepvicc).

2000. Einvironmental assessment of a permnit fOr the incidental take of Shortnose Sturgeon at the Rosoton and Danskamm~er Point generating NMOM (National Oeeanic and Atmoopherie Admninistration).

2004. State Coastal Zeno Boundaries.

Definition of State's Coastal Boundaries.

Arssocced at http-Wcoastalmanagermcnt.ncaa.gevlpdf!StateCZgounidaFr9e.pdf.

NRC (U.S. Nuclear Regulator; Commission).

1996. NUREG 1437, Generic EnViromental Imnpaet Statement for License Renewal of Nuclear Plants (GElS), Volumes 1 and 2 Washingten DG;NRC (U.S. Nuderea Regulator; Commission).

2004. Office of Nluclear Reactor Regulations, LIC 203, Procedural Guidance for Preparing EnviFronmental Assessments and Considering Envir-onmental issues, Revision 1.NYDS (New York( State Department of State). 2004. "Division of Coastal Resources," Albanly, NY. Available at htlp:/!ww .Ryswatedroents.Gcogm/idex.asp, accessed MarcF 3 06 NY-NHP (New Yerk Natural Heritage Program).

2006a. Endangered, threatened and species of speeial concern in Westchester Count;, NY.NYNHP (New YOrk Natural Heritage Program).

2006b. New York( state rare plant list for Westchester County, NY;NYSDG (ew Y~itStae Dee~tnentef nvienmetalGefieF a n). 1987. State Pollutant Discharge Eliminnation System (SPE)ES) Discharge Perm~it (NY 000 1172) Indian Point Generating Station (Uits 1 and 2 Gen Ed) and (!P3 PASN-Y).NYSDECý (New Yori( State Department of Environmental Gonservatien).

1997. Fourth Amended Stipulation of Settlement and Judicial Consent Order, National Resources Defense (.11 C.<-TO BE SUBN4TEM D AT LATER DATE X II D a D L I ..... .Goundi. Inc. et. a!. vs. New YGrk State LDosarmen; O; Zzny'ronmenta; Consorvation and Consoildated Edison Company of New York, inc, New York Power AuthoFRtY, Oranqj and R-onkland UIIfiti-Am.

Inc..- ;-And rCentrA-l Huason CSand- ~ioc-trIG 6Om.NYSI)EC (New York Dcpartmcent of Envirenmental Conservation).

2000. List of threatened and seeial concern firsh and wildlife spceies of New YBrk state. AJbany, NY.. Accessed on January 18, 2006 at htp~mdesaen~sw---ip,4ýo..rAAFi~~nsetteithri NYSIDEC (New Yor~k State Dcpailment of Environmental Conservation).

2003. New York State Pollutant Discharge Elimination System (SPDES) Draft Pcrmit Renewal with Modifleation indian Point Ele~tric Gener~atng Staficn November.

Buc-hanan, NY.-SEL (State Executive Law). Departmen!

ef State regulations, AFticle 42, 19 NYCRR Pa~t 600;Coastal Manaaemcnt Pro~larM.USFmWS W S. Fi'-h and Wild'ife-Srer..iee 2005 FerI'eralh.

listed and nrnnosed endaingerrd-1 threatened, and candidate species In New York. USFWS New York and Long island Ril Oftices, accessed en January1, 206a lp~wwwAvwe.gov/northeast'nyfoe,'s/list.htm-.

(12 1 ----rC% Dn= L-T mxfT'iTrPE A T T A TrD T-% A T.Table -1 New YOrk State Coastal Management Program'-s New York State C-onSt-al Policies'...... Xl ... ...The New Yefrk State Coastal Manoaemcnnt Froaram (NYSUMP-)

polcides are centa ned in th 600ý, and t-he State EnVIrI La ( L). ep-- a-- n.- 1 Y~-- ...R whieh m my , ... ... ..........

t a t b eFSens seekin g appFev impart the Coasta17onsmole thev r--5 60-- -" w a 41'li I no n I A NYCRR R;;rt SnO and 6 hlYGRR PA I ^I ......................

-..snnnr.-----Winnr.

n. nan ..a aiis the rNYuW..1P2 and IP3 license Fl or w PThi-U-I raFt cuu ariu~evides? IqV VVll 3n hat weuld nC Cefl5isteft wimfl bp N;Yt-( 6mK DEVELOPMENT POLICIES DEVELOPMET POIC f1 estor 1P2 and 1P3 line rncwal as not-afreetier, rcvitakiz, and rcdevelop detcriOratcd and involving undowutilizod wate~ront arcas. 1P2 underutilized watcrfront areas fcr commerial, and WP3 have no plans for additienal activities industrial, cultural, reereational, and other er development along the water-front as a part eempatible use ef the proposed activity; therFcro.

th prpsd aetivity is consistcnt with this pelicy.DEVELOPMENT POLICY #2: Feeilitate the The renewal of the 1P2 and 1P3 Opcrating siting of watcr dependent uses and faciliies Gn Lieenses would have no effcot en the water Or adjacent to coastal watcrs. dependant uses On Or adjacent te coastal wateFS. 1P2 and 1P3 have no plans for development along the waterfront as a port ef the proposed activity; therefore the propoccd actvit isconisent with thus peliey.-DEVELOPMENT POLICY #3: Furthcr develop the state's maBjor ports cf Albany, Buffale, New Yerk, OgdcrnSbUrg, and Oswege as center F conmmcro and industry, and cneouragc th-e siting, in these port areas, including those uner the juriSditOen sf state publfic authEoFitics, of land use and devclepmnent which Os essential to, or in sup port of, the waterbOrne transpsrtation of cargo and peepIe DEVELOPMEiNT POLICY #4: Strengthen the economice base of smaller harber areas by The Fenewai of the IP2 and IP3 u peFatin as Li ld h i th S IP2 and IP3 have He FHajeF eFtS.addifienal deve-it along the a propesed aotivity is consistcnt with this poliy.1P2 and 1P3 aro not a small harbor arca and lieensc renewal weuld have no known impect' a n'"illeF harhnr am~r .n .dtn ....enhance. m .ent of those tra uses and and ~ ~~AIR 1P ay o lnsfr dit 13 (

('1'/ T-T C'y -r ..'F~ A A '1r-n T% A I'T-JL% -iJ -, , 'A K POLICY jUSTIFIC~

N COSISTENCY acttich'S Which have provided SUch areas wit or development along the waterfront as a padt-their unique maritime identity.

'of the Fproseod actiVity; thorefero8 the propod aetivity is consistent with this policy.DEVELOPMENT POLICY #5: Encourage the The renewal of the 1P2 and 1P3 Operating location of development in amreaas i..here public Liconses would have no intfdim acon sefviees and faeilitics caseAniol to sueh the development of the- cxistigbul development arc. adequate.

.niomnt. in addition, 1122 and RP3 havcn planS for additional development as a padt ef the proosed acivity;!

thereforoth prpoct actiityis cnsitent with !his policy.DEVELOPMENT POLICY #6:. Expedite permi The roneyval of the l122 and 1P3 Operafing proccursin od~er to faciitate the siting of Liconscs would have no identified impact en dcvclprnct acivities at suitable loostiens.

exped-fing pcrmnit procedures to faeflitate siting of development activities.

in addition, 'P2 and 1P3 have no plans for add~itinal activities Or development as a padt of the proposed activity;, thcrcfor the proposed activity is eonsistcnt WI hiS PEley.FISH AND WILDLIFE POLICIE FISH AND WILLF OLC 7 Significant 1122 and 11P3 have not idenfifcd any impact that coastal fish and wildlife habitats w"il be liconse Fenewal operations would have on the PrOtectcd, prescrwcd, and whero practical, significant coastal fish and wildlife habitat. In Fester-ed so as to maintain thei viability as addhitin, W2 and 1P3 have no plans feF hftbitats.

additional activitics Or dcvelepment along thce watecffent as a padt of !he proposed activity;therFetec the pmoposcd aetivit is ccnsistcnt Whthis pel~FIS AN WIDLIE POLICY #8: Plretoct fish 1122 and 1P3 operations are consistent with*and wildlife rbesourcosin the coiastal area from SPOES pemnft reguiroments which arc based thc ihtrduptctinofharoswtcad en federal and state water quality standards.

other pollutalitS which bio accumulate in the All nen Fadiological effluent discharges arc food chain Or which ca use significant sub rogulated by the Now YGrk State Dcpartment of leAthal or lethal effects on thoseresucs Envieronmental Gonser~'afion (NYSODEC ihrcugh the State Pollutant Disehargoe

• Ekinination System (SPDE=S) peFrmi programn.1P2 and 1P3 has four such SPD4ES permfit-s (NY 0004472, NY 0234826, NY 0250414, NIY 0251135) with effluent limitations, monitoring r-equiroments, and other conditions that onsures that all discharges arc in ... Incc 14 Or~rrC1TTV TWT A T' A TYrY) F A 'rT7 PO-IGI JUSTIFICATION!

CONSISTENCY with Title 8 of Article 17 of the Environmental Consepwafien Law (ECL) of New YOFk Stt dh Cl WI AtGWA (33 USC. Section 1251 et seq.).Gubjest to hei e-n effluents eF v mL , and P3 -;- -*nan6a wffn wrarmnts Rr. IMP" Rn thp r~SM9t nts ad afoe.eit A...L. ..a.4 J at fi 6-and-wk.q, lisl. ...- ... ..---son R* l YeF aFea weFee Wans Pes.ticide usC i r ated by the NYSDECG piae. me. appropriae NY.U.. .Pesticide-411 5~ryIon' ~IInmIT iýeo.s--,.-..-..-,SU~ni.n** K -.I app~'rITA ~1nn:jc.¶Jmr rI3flS 13 ensure Hana stom ffwu where the plant islocated

'PhAZ mrpFk-PcFtroleum bulk , torage on site OS rgulat.d by th- n -YSE u.nder 6 NYCRR Parts 612 614 lb[ IP3, aIId 6 N~T~U f~i GRR Pas 106 and 17~NYCRR Parts 30 and 32 for 1P2. 1P2 and !P3 faeilitics have the appropriate registrations and Pr~osdures in placo tsr spill prcvcntion.

Fesponse, and rcperting.

Onsite ehemiceal bul storage iS regulated by the NYSDECE under 6 NYGRR Parts 596 599. 1P2 and 1P3 have i plaee Spill Prcvonlion, Contrel, and Geuntsrmeasure6 Plan6, as rcgquircd undcr 4 Fr-- Pnt I112. tm nrevpnt the dkr-hnrpc of nU to*-IF t1" r and 1P3 alsp have On place Chemieal Spill Prcvention Plans, as rcguire by 6 NYCRR P2 e isehaFee o a.. -It 698 o p , R8nfw6Usi s to su.--, ^. ^ I- r -- --I18111.1 app~;and proeedurcs-in ishanligand Iespenel f ald nj St~rannc R"l Prf r S ..nrrinn" lnr tf~r~Il ewtjme in.n~rtin=oortino-and storam swstems 15 K TO BE SUBMITTED AT LATER DA-TE POLIY JUSTiFICATION!

CONSISTENCY maintcnancee, and rcpair. 1P2 and (P3 have in place processes and procedures to cnsure that hazardous chcmicais Stored and used an site are hanidlcd and stercd in accordanee with applieabic State and Federal rcgulafions. (P2 and (P3 are, therefore, protecting fish and wild!ifc resourc-es in the Hudson R-ver area.Hazardous and some mixed w~astes generatd on itc arc packaged, temnporarily Stcrcd, an shipped off site for peroessing and disposal.The NYSDEG regulates these activities under-6 NYCRR PaFts 370 376. in addition, 1P2 has a NYSOE pcm~.t for the sterage of mixed was4-tes-And both WP2 and 1P.3 have EPA permits for the Storage of mixed wastes.Thcse aetivitie8 are alSo regulated under NYCR Prts370 376, as well as 40 CFR Parts 260 268. IP2 and (P3 have in place processes and procedures to ensure that mixed and hazardous wastes are packaged, stored, and shipped so as to coplywit the,. .applicable StatP -and Federal regulatinsn, thus ensuring that fiSh -and wildlife resources arc protested.

Therefore, fish and wildlifc resources in the Hudson Rivcr area crc pretested and the proposed acvity is consistent with this policy FISH AND WILDLIFE POLICY #9- Expand Water dependent and watefr enhanced use ef fish and wildlife Feseurcis recreation along the IP2 and IP3 wate fton in ceastal areas by increasing access, to cannot be encouraged Or facilitated for reasons existinig resources, supplementing existing ef national secUrity.

in light of the e~vcnts-of stocks, and developing neW resources.

September 11, 2004, heightened seeuwit cneemespreelude

ýCncUragement of recreational use of (P2 and (P3' wAfte9UOnt and ether PFpeopoy by the general public.16 (TO BE StM-DPTT T-" PT ArT L AT E R DATE POLIC JUSTIFICATION, CONSISTENCY FISH AND WILDLIFE POLICY #f10: Further Water dep~ndent and water enhancod develop commnercial finfish, sehllfish-, and development along the 1P2 and 1P3 watcrfront crustacean reSoUrecs in the coastal aFea by eannet be encouraged OFfiaditatcd efor asens encouraging th6 construction of new, OF of national security.

in light of hc ovents-ef imRproyement of existing on shr commýerctial September 11, 2001. heightened sccurity fishing facilities, incrcsin markctng of the eencer-ns preclude enreouagemcnt oe statc -efo proiducts, maintaining adcguate reoceational use of 1P2 and 1P3's watcrfront stocks, and expanding aguacoulture facilities., and othr Fproperty by the general publc FLOODING AND EROSION HAZARDS POLICIES FLOODING AND EROSION WZRSEntcrgy is aWare of no W 2 and !P3 impacta o POLICY #f11:;Buildings and otc trcuc coastal areas that damage property Or will be s6Ited in the coastal arcA So aW to n e to e minimize damage to property and the erosion. 1P2 and lP3 have no plans for endangoring ef humnan lives cudbyrefurbishmnent Or development a ato h flooding and eroin proposed activity, and thercfere the preposed aetivity is consistent with this policy.F D AN-ID E ROSION HPAZARDS The shArelinr within the I P2 and WP3 prcte POLICY #12: Aitivities Or devoelpment in h area has bln evaluated according to it coastal Mre will be undertaken so as to -geological characteristics.

The area is. ens i minimize damage to natural reBOUrcos and which severs natural phenomena sueh as property fromn fleooing and erosion by tomados and flooding are uncemmon.

The protccting.natural protoctive feoturos including eentinued operatien cf 1P2 and 1P3 during th bcaehes, dunes, barrier islands, and bluffs. lieense renewal period would not inVolve any aetivities that would disturb the shoreline along the 1P2 and 1P3 prape~t. in addition, 1P2 ad' P;3 have no plans for rofurbishmnent or development along the shoreline as a part of the preps ld acfivity; th;efore t eetivity is eensistent with this pew-cy FLOG GN AND EROSIO HAZARDS 1P2 and 1P3 lieeonse r-enewal well net POLICY ff13: The eonsctueion or neeessi~tat any construction or rofurbishment roconstrueti~n of roe o prtcin strctures aetivfitics.

Theroforo, the proposed activity i shall be und... en only if to hay. eaonsistoent with this poliesy reasonable probability ef 'ontrolfing eresion for at least thir-ty years as demRonstrated in design and co~nstruction standards andlor assurod mnaintenance Or rcplaocmcnt pregramns.-

• ( _ 17 ( I W'r^ In C' T IWW 47ýr,'1- A 'r A rt: D ftA 'M Q POLICY JUSTIFICATION, CONSISTENCY FLOOD10NG AND EROSION HAZA.RDS 1P2 and 1P3 arc aware of no imnpacts that weuld POLICY #14: Activties and developm.ent. .es... .4he renewa-l of the 1P2 and 1P3 including the ..nst.u.tion Or rGo.nstruction of Operating Licenses on er oion hazaFd areas.erccion proteetien structures, shal. b in addition, .P2 and 1P3 have no Plans f..undertaken se that thre will b o addieonal development as a port of the measurable inraeinecin Or flooding at propesed acstivif;;

therefOre the proposed the site of such aetvitics or development, or at activity is esnsistcnt with this policey.othcr lecations-.

FLOODIG.AD

.EROSION HAZARDS The renewal of the "P2 and P3 Operan POLICY #IS. Mining, emeavatiin Or dredging Licenses would haen mat an coastal incastal waters shall not significantly waters due to dredging, minng, Or cxeavetier.

inte;fere With the natural coastal processes Any potcntial dredging to .emovc sedimcnt whieh supply beeeh mnaterialS to land adjacen build up in the vicinity of RP2 and 1P3 intake er-to sueh watcrs and shall be undertaken ina discharge st~ctur-es would be completedi-manner which will not cause an increase in eomplianec with state and federal regulations roion ef such land, that Will enSUre the aetion does net significeAnly Dinterfere with natural coastal proeses.Therefore, the proposcd aceivitf is consistent wihthspehicy FLOODING AND EROSION HAZA.RDS 1P2 and 1P3 are privately owned faciliies and POLICY #16] : Publ"i funds shall only be used renewal of their Operating Icenses arc not a foreroionprtectie stuctures where state 6F fcderally funded project.necessa~y to pretest human life, and new development which requires a leeafien within Or adjacent to an erosion hazard area to be able to funetion, Or existing dcvelepment; and only where the public benefits outweigh thee long term mencetr; and other costS including, the potential for inrGeasinig erosion and adverse effects en natural protective features, FLOODING AND EROSION HAZARDS The shoreline within the .P2.and ,P3 protected POLICY #17: Plan stu.tu.al m.easur.es to area has been evaluated according te its minimnize damage to natural resources and geological characteristics.

The area is one-f proper-ty frem flooding and erosion shall be which severe-iiatural phenomena such-ea used whenever posib tornados and fl+oding is uncommon.

The csrtinued operation of 1P2 and !P3 during the IIeffse-renewe OIeiod will net invelve any aetivities that would disturb the shoreline-alon the 'P2 and lP3 propc'...

in addition, P2 and 1P3 have no plans for additional activities or development along the shoreline as a part of the proposed activity; therefre t~he pr-Gposed 18 t.

'..Trf' 1311 C1TDA7TTrTVT A ' T A 9rVD TflAIM POLICY JUSTIFICATION!

CONSISTENCY activityis consistent with this pofliy.GENER-A POLICY GENERAL POLICY #18: To safeguard the 1P2 and ,P3 licence .en.wal will have ial economic, social, nd envinntal signifiant positi -ia .the cnmi. and inereStS of the state and of its citizeno, social fintcrcst of New York State andit proposed majGF actions in the coastal aca citizens from contributions to the tax base-, must give full considcration to those intrcsts., ,ducati. n funding, supp.. t of publie s.rvi...and to the safeguards which the state has infrartr..ture, and wo..F. .Ent.r.gy is aware.established to protect valuable coasta of noe ncgativc impacts that continP -f resource arcas. opecmticns would have on valuable eeeta PUBLIGAGCCESS POLICIES PUBLIC ACCESS POLICY #19: Protect, Water dependent and water enhaneed maintain, and increase the level a.nd types ef ..creation along the 1122 and ^,, waterfnt access to water rclated recreation reseurcc.

cannat be enlouraged -r facilitated fcr .srlU s and faefloties of national Security.

in light of !he events of Septembcr 11, 2001, heightened seeu~it concerns pr-eclude encouragement ef recrational use of WP2 and 1133's woterfrent and othor pFope~t by the general publie.PUBLIC ACCESS POLICY #20: Aecess to the Wac deenet and water crnhanecd publicly owned Jforshere and to lands recreation along. the 1 P2 and 1123 wate~rfn immediately adjacent to the forcshere or the cannot be encouraged OF facilitated fer reason water's edge that are-publiely ewned shell-b of national security.

in light of the eventsef provided and it shall be provided in a mnanner September 11, 2001, heightened security compatible with adjoining uses-. conserns preclude encouragement ef recreational use of 1122 and 1123's waterfront and other property by the general public.RECREATION-POUIGIES RErMAýTION' POL ICY #21! Water dependent Water dependent and watcr enhaneed and water enhanced recreation will be recration cannot be cneR6uragcd er facilitated encouraged and facilitated, and will be given. for reasons of national security.

in light ef the priority over non water related uses along the events of September 11, 2001, heightened eoast security concerns preclude efnceuragefnernt of FeFea eeael use of 112 and 1123's wate~ffent and otheF propecty by the genceal public.f I 19 6 TO IPP ~TRI MAITT==r AT LATPR 1 A TV POII IjUSTIFICATION R POLICY #22: Devclopmeni.

deenen and URC when locotcd adjaeent to the shore, will Feereafion ca~not be encourogcd Or facilitated provide forwator related recreation

AfienRPVer fOr reasons of national se~udty. in light of th-such is compatible wfth reasonably anticipate events of Septemnber 11, 2001, hcightened demand for activities, and is compatible with seewity eoncernc prcclude encouragement ef.the primor;~ purpose of the developmcnt.

Feereotlonal use of 1122 and lP3's waterffrnt and other propcr", by the gcneral public.HISTORIC AN~D SCENIC-RESOURCES POLICIES HISTORIC AND SCENIC RESOURCES The renewal ef the&P2-and1123 POLICY #23: Protert, enhance .an ..re.t.r. Licenses will have no impact on histeri. and strjcturcs, distrcs roe ic that arc of cultural resoueces.

in addition, 1122 and 1133 signimeancc in the histor;, mrhitert~e, ha 1nepaS for refurbishmcent or archaeology, or culture of the state, its development aleng the watefront as a pat of f unjesthe propesed act """ therfre thc proposed a"ivity is "c nsisten tt with this policy.HISTORIC AND SCENIC RESOURCES The renewal of the P2 and P3 Operat"n POLICY #24: Prevent impairment of. scenic Licenses will have no impairment imapact en the resources of statewide significance, significant scncrsucs.

in add~itin, P and 1123 have opasfradtoal acivities Or dcvclepmcn alongthe watc~ftent as "afta of the proposed activity;, therefOre the propose aetivit is consistent with this poliy.HISTORIC AND SCENIC RESOU RCEýS The renewal of the 1122 and 1123 Gpecmting POLICY #26: Protect, restore, Or enhance Licensbs will have no additional impaet en the natural and mnan masde resources which arc scni resores in the coastal area. in not identifid as being of stateid addition, 1P2 and 1P3 have no plans JFo sigificanee, b~d which contribute to the over-all add~ieinal activiies Or development along the scenic quality of the 6oastal 6ra wate~fFOnt aS a paft of the proposed aetivity therefore the prepesed activity is consistent wa4 his pebe AGRICULTURAL LANDS POLICY.AGRIGULTURAL LANDS POLICY #26: IP2 and 1123 have no plans for add~itinal Gons e~e and pWteet agricultural lands in the activities or develo~ment alon the wate~fenit state's coa~a ae. sa a oeftheproposed activity; therefre the-.propesed activity irs consistent with this policy.K 20 (..S..

\K....In Q E I. ,* w m.PR' Ar 1 ' A 'r T A I I-4U a POL-ICY JUSTIF:CAT!ON!

CONSISTENCY ENERGY AND ICE MANAGEMENT POLICIES ENERGY AND ICE MANAGEMENT POLICY IP2 and 1P3 are imparoant poWer generatin#27; Encourage on orgy sonscrvation and the facilitics that plays a Vital rota to-assist n use of alternative ScUrces such aS selar and -etn h n~yned fteSae ihu wind power in ordcr- to assist in meeting the which other SOUrces of energy would be energy needs of the State. required that could cause envirenmcntal or qualit o:'f life impacts f^F the Gitizens of Neiw ENElr-RGY ANID ICE MANAG&MENT POUGY 1P2 and 1P3 operatinse-a~d license rene kf~e#28: Ice management prac-tices.

shall not not invelvo icerngmotpradetmcs-i ntcrfere with the production of hydroelectri pewer, damago significant fish and wildlife and theiF habitats, or inereese-shefetirne-eresien-GF ENERGY AND ICE MANAGEMENT POLICY 1P2 and 1P3 are imnpeoant pewrgnrto#29: Encourage the development of energy facilities that plays a vital role in moceting the resau~rcos en the outer continental shclf, in enecgy needs of the Stt fNwYrwitheut L6ake Eric and in other water bedies, and which other SOUrces of energy would be-enura the envirOFnmental safety of such required that could causie enVwronMental or aetivwties.

quality of life impacts for the eitizens of New Y-efk-WATER AND AIR RE SOURCES POLICIES C~AiATI:D AKIn AID D~Ci~I IDf~ DIM it-v M2A.I IN ATRR A bir) A I Q R P 901 IRCC 9 POI InY aRn-to, texie and-, arm:Itq 0 RHt igbut net substanees, i tostate and.S.7 regulioted peck r4r ent discharges from 1P2 and 1133 are by the NYSDEC through the SPDES gram. 1P2 and 1123 have been issue 02341 2, NY 0250414, NY 05h) with effluent limitations, monitoring requirements, natmonaw water Gauallr s aln eiheFf 5OFti6 Mnal esnsurca cin.... .... .. .. .. .... ......." ...disehaffle*~'...

a-- nlae t *I A~trt.Ip 17 Af thA F91 Af hNcw Yor~k Sate An~d the GWA. as~I I I ......A ld (33 USG 69etien 1261 et .Hef'isem.emuents j= t; bu m ents e the rjt-aqt -Ann H,-A Arp in PF heef-aPd nr-,Od math'If ;-oit.... w.i- I pOlCv.(.j.

(TO RP.R A.4M13IT' AT LATER DATE POLICY JUSTIFICATION/

CONSISTENCY IA1ATMQ A mr,~ A iD Ocen"Ot 10( D(ni iICv *qi.-The effluent discharaer from 1P2 and 1P3 na~3as ea-m~eme an~affiem Alatcd by thc through the SP, E8 nit program. 1P2 and 1P3 have beon issucd-eiappre A eeaf;vw iswillbe-V CAonc MV K)A4 IV. AnA W S.tTKiiJS tJ% fli and hIl modifyn'g watet quality however- these wators alrcady ovE stealiens effluent el l]7IILq-l. -il H ;#A. Yif!AF R FPRRR a devclopmc nt constraint..............

C .i 4 u ...* a*L [r'l tmmp amou. w u.* ?5 I- .I --- --- W. .-. I W1.1 -- _-#k- f'AAIA -- 1'30 1 10t' -II)C4 nt CA I Czn 1r 01 Faa effluents arc subject to th.-.-.. I-DAM ofeits SPDES ,nsqpd Apte;it:jp reten f..L.L WATER AND AIR RESOURCES POLICY #32 1122 and 1P3 provido approximatcly 30 percent Encourage the use of altefrnative OF innevativeocf the taM revenue for the Village of Buchanaft sanitary waste systems in small communities and 19 a miajOr eontributer te the lax base -Of whero the costs of convention-al fbacllities

_ar Westehester County. lP2 and IP3 Iiccnsa unrcasnably high, given the size of the rone 1441will have significant positive i m-paet en existing tax base of these. and s. ial impact from mcntributionS to the tax base, tduation funding, support of public servic ifrtastmetur and WOrI(ore'WATER AND AIR RESOURCES POLICY #3 1122 and 1133 have in placs rour SP)ES pso Best mnanagemen!

practices will be used to (NY 000117-2, NY 0231826, NY 0250411, and ensure the control of stormnwateFr-uneff-eand NY 0251135) that ince~pOFate bes~comnb-ined sewer oveoflews draining inte management practicos to control sterm waeto coastal waterS. Funoff. The NYSDEC rogulates steom water management under 6 NYCRR Part 750, ECL=17 0808, and GP 06 002. lP2 and 1P3 have programs and prOcosses in plaee to ensure compliance with applieable NYSDECE storm water management FeqUircments.

T-herefoee the prcpesed activity is consisteni with this policy.22

\ ,-~r r ýr -' AII ýT ' ýr A T'ý T Ir A A 1'PItI JUSTIFICATION!

CONSISTENCl WATER AND AIR RESOUR CES POLICY #3: 1P2 and 1P3 oper;ations nd Il;-e r ..newal'do-Dischargc of Waste matiodals into Coata not invF.e-lse harge of waste matcrials into water. from vessels subjeet to state castal waters from .essels. Th.....fa.,.the jurisdictionS vill be limited ses o rtect proposed activity iscnsistent with this peliey.-significant fish and wildlife habitats, reercational arcas and water supply areas.WATER AND AIR RESOURCES POLICY r35I 1P2 and , I3 have no plans for mining;Dredging and filling eoIstal wat11s and exIavation, filllng activi c Men disposal of drsdgcd wil be along the waterfront as a part of ic.ense undertaken in a manner that mnects existing renewal operations.

Any potential drndg, t state peMit regui.em.nts, and protects r .imnt build up in the vicinity of1P2 signifiant fish and wildlife habitats, scenic and I P3 intake .r discharge stscues wauld rcsources, natUral proecetive featurco.

be oemplcted in compliance with state and important agricultural lands and wetlands.

fedcral regulations that will enSurc the action dees net significantly itrrewith fish or wildlife habitatscncrsucipoat agrclua lad, rwetlands.

Therefcrc, the proposed aetivty is consistent with this policy-.WATER AND AIR RESOURCES-.POLIGY

1. 36 1P2 and 1P3 has in place procedures to ensurc Aretivitics rclatcd to theshipment-and storage that petrele mt and other haZBrdous rFiaterials of"pcrolum.

annd o-ther hazardeus mnaterials used on site arc safely handled and stored.willw be conducted in a manner that Will prevent [he NYSDEC rcgulatcs petroleum bulk storage Or at least minimize spills into coastal waters;* u.'dor the authority-f 6 NYCRR Parts 610 614 all practicable efforts will be undertake~n to anld 17 NYrR ýParts 30 and 32. FP2 and 1P3 expedite the cleanup of such diSehargcs; and facilities have the apprOPriatc rcgistraticns r-estitution fer- damages wil be rcguircd when lcneadpoedUres in place to prevent these spills eur andrpotspls Onsite ehcmicl bl tr is regulated by the NYSDEC under 6 NYCRR Parts 595 599. 1P2 and 1P3. have in place Spill Prevention, Control, and Cauntermauc Plans as required under 10 CFR 112 to preycn the discharge of oil to surface waters or surfac water trbutaries.

1P2 and 1P3 also have fn place Gheraleal-Sil-Prevention Plans-, as required by 6 NYCRR Part 598, to prevent the disc~harge of hazardous chemnieals to sur~facee waterc and their tributaries.

1P2 and !P-3 facilities have the apprepriate registrations and procedures in place for proper mnaterials handling and stcrage; Spill prevention, response, and reporting; and Storage systems inspection, maintenance, and repair-. !P2 and IN3 alse-hie-ien place processes and C/,,(... i (TO=R UMTE nT AAE ATR POLIGY JUSTIFICATIONi CONSIS :ENGY PFG~ed~es to ure that hazardous chemicals stored and used on s.ite ar managed in Ge-yaGitj) applicable State-and Federal regulations so as to prevent the'release, of these materials to coastal-waters.

Thercforoe, the proposed activity is conSistent withthis poley;WATER AND AIR RESOURCES POLICY #f37-- 1P2 and 1123 have in plare four SPOES permit-9 Beat management practiecs will be utilized to (NY 0004472, NY 0234826, NY 0250414, and minimize the non point diseharge of excees NY 0264-3)t~

RGFGaebs nutrients, Organics, and eroded -qo-is Wet management practices to contel-eI-wA.eRI coastal waters; runoff. The NYSDEC rogulatoc.

storm water management under 6 NYCRR Part 760, ECL=17- 0808, and GP 06 002. lP2 and 1123 have erOgrOms and precesscs in place to cnsure eomplianee with applicable NYSOECE stor water management requiremients.

The EPA has allthOrit under 10 CFR 122.- herefere, the propased activity is consistent with thi WATER AND AIR RESOURCES POLICY f3:1P2 and 1123 do not use groundwater as a T he quality and quantity of sur-ace watcr and resource far any plant oper-atiens er as a groundwater supplies will be eornscfvd and potable wateF SOUrce. Processes and proteeted particularly where such waters procedures are in place Ifo the handling andf constitute the primarj or- sole sourec of water Storage of hazar-dous mnaterialS on site teo supply. prevent spoills and to respond to an htcu so as to minimize impacts to groundwater or su~fbee water resources.

Effluents from pl-nt operations are regulated under 1122 and lP3's SPDES permits so as to minimize the impact to su~faee water supplies (Hudsen River) and minimize water use. SPCC Plans are in place to protect sur-acc water Fesurcassuid under 40 CFR 112, to prevent thcdshreo oil to su~face waters Or surfaee water tributaries.

tP2 and 1133 have in. pla-ee processes and procedures that eensecve and protest both groundwater and surfaee water i n accordance With NRC regulations, policies, and guidance.

Therefore, the proposed activiky is co nsistent with this peoiey~24 TO BE SUBTITTED AT LATER DATE POLICYJUSTIFICATION!

CONSISTENCY-WATER AND AIR RESOURCE=

S POLICrY W2 and IP3 do not dispose of sci~d waste on#39: The transport, storage, treatment, and site. Haard-ous -and- somfe mi-xci wastes dirspesaal

-4 seed wastes, particularly gcnerated on site are packaged, temperarily haZardous wastes, within oastal arcas wfillb starcd, and shipped off site for prIsigad conductcd in such a ManOR s s oprtc disposal.

Tho NYSDEC rcgulatea thesee grOundw:atcr and surfacce water supplies, activities under 6 NYCRR Pails 37-0 376.-In significant fish end wildlifc habitats, receration addition, 1P2 has a NYSDEC permift far the areas, important agricultural land, and sccnic storage of mixed wastes and bath 1P2 and 1P3 FeseuFfees-have EPA permits for the StOrage of mixd w~astes. These activities are alSO regulated under 6 NYCRR Parts 37-0 376, as well a9 40 C.FR Parts 260-268. 1P2 and 1P3 have in plaee*proeesses and procedures to cnSUre that mi~xcd and hazardous wastes arc packaged , stored, and shipped in comnpliance--

witAfh~ the applicable State and Federal regulations, thus*ensuring that groundwater and sufkee wateF supplies, significainit fihandwidif habitats, Fecroation areas, imnportant agrieAultal land, and scenic reSources are protected.

The proposed act ivity is, thcrcfOre, eonsistent with WATER AND AIR RESOURCES POLICY #4&- The effluent discharges fromn 1P2 and 1P3 are Effluent discharged from majorF steam electric regulated by the NYSDEC through the SPDE-8 generating and industrial facilities into eoastal pcrmit program. The site has been issued four waters will not be unduly injuricus to fish and SPDES, pemt (NY 000447-2, NY 0234826, Aidlf qn hall conform to state water quality NY 0250411, NY 0251135) with effluent standFds.

limitafionS, moneitoring rcqUiremecnts, and other conditions that ensure that all dicresaen of New York State and the CWA, as amendd (33 USC Section 1251 et seq.). 1P2 and 1P3 arc in compliance with its SPD)ES permi~ts an are meeting all requierements and conditions set forth in the permits, and it is m~i i i n- mp.acts to fish and wildlife.

The proposed activityi, therefore, consistent with this plicy-./25 C.T=O R1312 IRA-44TWTf.TlT

-I AT I ATER DATE POLICY JUTIICTIN " V v Wt3 91 WATER AND AIR RESOURCES POLICY #11:-The air discharges from lP2 and lP3 are will not cause national Or standards to be violated.state air w..S I *..~...I*L.

,%Ar'rr.LJ~

tL *.... n-rn-"'-I.A. '. I'il 0 1'-4-'.p*L.. ere.C ..5o vI.. %t... "... es.. eF vur r tr m-...4-. Ifl )nl4 -A n -7 iIm -An'dI I.-..~.1,ý^m mýýU^,f Air Qf-+ý CO Of ~Mjfý 2 Xr"I'l-nAA 4in 3D IA' u.u4 ') rr-')' nn4naLiAAA~

ecr Pmis~l -sQ... mignionn monit,v- ni require-ane emeF PM-Enat eSFiee VII ,# 4,~~AI'ru'IU A,,. A.4;.I.mafim A4a-A;r M' ll i W W F e ut erl t'ýMr^l Aar Qfý+ý Cft ECL. 1P2 and IP3 ;;rc in con~tateI-acity ermi ana are meeting all requirements and conditions set forth in the permit, anid it is minimizing impacts to the air quality within the coastal area.* The propesed aefivit' is threforo consis;tent wIthA i oiy (2-: WNATER AND AIR RESOURCES POLICY #f2 The renewal of the 1 P2 and 1P3 Operating CoastWal m.a~n~aqement pelicies will be LHccnses would. have ne known impact if the cosdered if the state FeeJassfies land areas state Feelass'fies land artaS pursuant toth pursuant te the pi.vnF.ih n of significant PSD regulations of the f-edral Clean Air Act.detericFatien regulations of the fed ral1 Clan 1P2 and WP have no plans far reforsuishftnt e Air-Aet development as a part of the proposed ^rtivit;thereforo the proposed aetivity is eensistcrnt wih tispeiey.WATER AND AIR RESOURCES POLIGY-4#43~

IP2 ad I3ieense Feftewefois-vtl Land use Or development in the coastal areas role to meeting the power generation and must not couse the gerncrat'ien af signifleant energy nccdc of he-State,-and-decs so without amounts of acid rain preeUrsoseFS-iitrotes-and the production of aeid rain pFeeU~er-,nitrates; sulfatesor sulfates.WETLANDS POGUG lWetlandis Pollcy p4: Precsc-Rho and protect aier weimanas ane preserve mne from these aroc-enenits-:

1P2 and WP3 operations do not degrade !he tidal wetlands in the area of the WP2 antd P3 facilities, no state or federal jurisdiefierial tidal or freshwater wetlands exist on the 1P2 and P prcperty, and IP2 and 1P3 have noe plans foe additienal activitics Or dcvelopmcnt along the waterfront as a -pa of license renewal.26/

I.*nrr% 'l IT TnlkAT1f-T%~

Al' T A rtfl T'% A rTI Tab'eD-Federally Listed Threa cncd or Endangerod Speeics Possibly Gee rng at 1P2 and IP3-, Westchester County, New York_____ N Solentfifle Fede-ra State Como NmeName Status* Status Shortnese sturgcan dese E bfeviroortm Beg tu~tlemuhkenbefTg#

Bad ageHa~aeetui TT leuseeepIhaki indiana bat Myetis-odi Ei E AtlnieSUrgee Aeipenser-oxymyn~ehtis Naw nglad cttontail SyM/agie Fabbit transifienefl E ---Enidangered; T =-Threatenedi GG --Candidate specc Sourrr. IJFWS PI~ YSflF 2000lf NYNHP 2fll6a PIN14'P 2006I In MS pf

!(TO 13E SUBMITTED AT LATE R DA TE TableD-3 Enyironmcntnal AuthOFlzations for Currant 1P2 and lP3 Oporatlons Ageney Author-ot Requirement Numbef E~ia.-Date AuthOFIzod Activty NRC Atomie Enorgy Act, IPi Lmcnse te Possesc DPR45 Sep.temnb8F 28i Maintagn IRi in SAFST-OR NRC Atomic Enorgy Act WP2 Lirense to Operate DPR 26 SeptemrbeF-28, Ope~ati~ewof P2L 10 GFCR 50 204-3 NRC Atma Encrgy_ Act, IP3 Liccnse to Operate PR6 DerembeF 12, Ope~atieOt-Of IP3;10 CFR 52046 DOT 49-GFR 107, Subpart P2 DOT Hazardouc 0627066520610Q june. 30, 2009 RadioactiV6 and hazardous G Materialc Certificate of materials shipmonts.

Registratien D0FT 49 GFR 107, Subpart IP3 DOT HazardOUc 0627066620611)Q jufie 30, 2009 Radgeactive and hazardous G Matordals Ccrtiflcato of I natorilai shipments.

RegistFatim N4YSQE=G 6 NYGRR Part 32-5 WP2 Pestieide App~icatien 1-2696 APuOl30, 2009 CPosticide application.

B~usiness Regicitratin NYSDEC 6 YCRR Part 325 !P3 Pecticide Applicatn 13163 Ap~iI-30,-2009 Pecctioide application.

Business RegiStration NjYSQECG 6 NYGRR Parts 704 IPI, 2, and 3 SPOES NY-000 4472 QetebeF -- 4992ý Dischargo of wastewater ad70PeFmnk and ctormnwatere to wateFrc ef !he Sat Timely, renewal appJlc~tton wa umttd hrfcrc. peFFit IS dffiirSt~ti'&cIy eenfkued unjdef New, Ycrt Staie Adm;,al~tF i~ P. edfe Aet.28 TO BE SUBMITTED AT LATER DATE 2 ubmittod.-therefere-permit is-adminis~t-ative~y-cntinted-by-H: 29 h T.O 1E Rl SBMITTED AT LATER DATE Table D4 Environmental AutheForioalns foF Current !P2 and MP Operations Ageýy A#e~ ReqIul!Fl194 umb ExpifatieR-at Autherized Activity WGDGH Ghapter 873, Artiele lP2 Gars Tur~bino 2 AiF #00022 Deee.mbeF 34, Opertion of an air All, SeGtiOn PeFMit 20W6 eontaminalion Gource 873.1306.1 at the Laws of Wostchester Ceunty WGQOCH Ghaptcr 87-3, Artiel lP2 Gas T-urbinoe 3 Awr #00023 DeeembeF43 5 Operation of an air A", FSeefien PeFMit ee6~~ ntamination OUr~ec 873.1306.1 at the L.aws of Wcstehester WGDGH. Chapter 87-3, Artiele I P 2 Bo il P ermF 624493N4Apiae Opcratien of an air All, Srt~e ontamination source-873.1306.1 efths Laws of Westchester W~GII hapter 873, Article !P2 Vapor Ext~rator Air 5256682 Deeember 3-1,~ .Jpcation of an air X111,-Seetwen PeFMit 20W6 contam~inatoon Source 873.1306.1 of the Laws of Wcstchestcr WGDOH C~hapter 873, Article 1P3 Boiler Permi 62-6497 Not Apploabie Operation of an air All, Seefler zontam~natien source 873.1306.1 of thc Laws of Westchcctcr Geuny 30 TO BE SUBMITTE AT LATER DATE TableD-3 FRVIFOnmental ALIMONzations tOF %PUFFent .2 anu POFariffon-is Agen'ey Authefit Req4IiFemnen Nm3 Epatiefl-Date A~ithOrIzed Activit WVG[GH~ Chapter 873, Article IP3 Training Center 52-6498 Not-Applleable Oporation of an i All, Seetien Beilei-POFim~

contaminlation suc 87-3.1306.1 of the Laws of Westchester Geunty WGQQH Chapter 873, Article IP3 Vapo-r Ex~tracltor.A~ir Opcrati-On of an i X111, Seetief* Pemnet GOntaminRaton orc 87-3.1306.1 cf the Laws of Westchester Geunty NY-SDSG 5 YCRR Part 5960 P2 Hazardous 3-04?Septembef 4 1 Onsite bulk 6teFrage e$Substanee Bulk Storage 200? hazaird-eu-s substances.

Registration Certificate.

NYSDEG 6 YGRR Part 596 1P3 Hazardous 3-0000714 August416, 2008 Qnsitg bulk tOnago of Substance Bulk Storage hazardeus substancos.-tegiStration Cortifleate NYSQEiG 6 NYCRR Part 610 IP2 Major Oil Storage 3-2440 Onsile bulk Gtorage 6f Fae~i-40Kgalo petrleumprousts.

WGQDO4 *NcstcheStor County IP3 Petroleum Buk 3-66361 Sejp4embeF-7-, Onsito bulk Storag8 of Sanitary Code, Ar-t!le- Storage Registration 2m4 pet4gelumAPFedUeteG X*V C.e~feate i A pp! GaUGA4 has GOGH, bul a t: wpet-, b l A~ppijcaljbn has been submrillzd

!a ONY$DEG, but peffni! h3 no! bee .se 34 s"

( .~TO BE SUBMITTED AT LATER DATE Pe~rmit nAS DOSn admin StratiVSlY continued barsd en wndit~ioa Fnivd WAI AWfn~

ýr'f'r M T'T' C'T rf.IT"TC CM. A 'r r A 'TfT Tl A 'E Table D j EnViranmcntal AuthelriZations IFOF CUrrent 1P2 and 1P3 Over-ation-s AeeAterit Requireeine!

NurnbeF Expi~atio*1-Date Authorlzed Activity T-QgG Tennessee 1P2 Radiectivoe;Waste-T-NY-04Q40 DGGeFfibeF-3-1, ShIpmen! of radiomathoe De~piren.efnt-Ucoi~nse for Dzlivcry 2007 materialjiO i -Zto Tonssee- 4o Environment aind _____________

_________ -dcpsL'proooccng.

GGesewatee.

WP3 Radjoactivo Waste T NY 006 L0? DeGemnbe.

31, faeiit Reg*uIatim~

License-fGr Delivery 2W0 1P3 Radjoactve Waste 0072 31 07-x eenF3, Dispesab Pe 2007 DOT:~ U.S. Department of Tronsportation EPA-- Environmental Proteefien Ageney ISRG: U.S. NUGioaF Regulatory Gommission NYSQDEG! Ne-o~aeDpnin-fEfWevnniGnevt SGDHEGi South CarOlina Depawtnent el Heazlth and Envirenmcrnta 1 Gntrel;DEG T&nRe~ss88epafmeeI-Enyio ment-and GofiseNatioI (Division of Radiological Health)WG.DOH- Weth~e-Gut~-ainn-~a 33.