ML17037C323

Letter Regarding Review of the January 5, 1973 Application and the State of Ny, Department of Environmental Conservation Issuance of the Certification with Conditions

ML17037C323
Person / Time
Site:	Nine Mile Point
Issue date:	10/12/1973
From:	Biggane J State of NY, Dept of Environmental Conservation
To:	Clancy R Niagara Mohawk Power Corp
References
Download: ML17037C323 (8)

Text

AEC DISTRIBUTION FOR PART 50 DOCKET MATFRIAL (TEMPORARY FORM) CONTROL NO:

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FILE. ENVIRON FROM: DATE OF DOC DATE REC'D LTR MEMO RPT OTHER New York State Dept. of Environ Conservation Albany,'.Y. 12201'r.

J.L. Bi ane 10-12-73 10-18-73 TO: ORIG CC OTHER SENT AEC PDR XXX R.C. Clancy 1 SENT LOCAL PDR XXX CLASS UNCLASS PROP INFO INPUT NO C S REC'D DOCKET NO:

XXX 50-22 410 DESCRXPTXON: ENCLOSURES:

Ltr furn info regarding Water Certification for Nine Mile Point Units & 2... . K. ~

ACKNOWLEDGED PLANT NAME: NiKe Mile Point 1 6 2 DO NOT REMOVE FOR ACTION/INFORMATION 10<<19-73 JB BUTLER(L) SCHWENCER(L) ZXEMANN(L) ~REGAN(E)

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NevI'York State Department of Environmental Conservation Henry L. Diamond, Albany, N. Y. 12201 Connnissioner October 12, l973 Mr. Richard C. Clancy Manager, Environm=ntal Engineering Niagara Mohawk Power Corporation 300 Erie Boulevard I'r'est Syracuse, New-York 13202

Dear Mr. Clancy:

Ne have reviewed your application of January 5, 1973, pur'uant to Section 401 of the Federal I'later Pollution Control Act Amendments of 1972 (the "Act"),

Based upon the foregoing, and that public notice was duly given pursuant to . art 608.16 of the Official Compilation of Codes, Rules and 3'egulations of the State of'New York, the Department of'Environmental Conserva ion, (the "Dr:parent") hereby issues this certification with conditions to the above-mentioned application of January 5, 1973, for certification, in accordance with Section 401 of the Act, that, as of the date hereof, there is no applicable effluent limitation or other limitation under Section 301 (b) and 302 of the Act, and there is no standard under Sections 306 and 307 of the Act applicable'o the activity which Niagara Mohawk Power Corporation ('MPC") proposes to conduct (i.e., construction of its Nine Mile Point Unit No. 2 Nuclear Generating Facility on Lake Ontario in the Town of Scriba, Qswego County, New York) .

TM.s certification with conditions is issued with the full understanding and acknowledgement by %PC that the State of New York, in cooperat" on with the U. S.

Environlrental Protection Agency, is in the process of promulgating revised thermal criteria in order to bring such criteria into conforllu.ty with the Act.

Furthermore, it is intended that. both Nine Mile Point Units.ho. 1 and 2 will be required to comply with the above-mentioned revised criteria. %PC does not hereby waive its right to seek relief from compliance as authorized under Section 316 (a) of the Act or other provisions of law.

Pursuant to Section 401 (d) of the Act, and in accordance with the require-rrents of the New York State Environmental Conservation Law and the Official Compilation of Codes, Rules and Regulations of the State of New York, particularly Parts 700-704, Classification and Standards of Quality and Purity of Naters of

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Nr. Richard C. Clancy October 12, 1973 New York State, this certification hereby sets forth the follo~6ng requirements

~ which shall become conditions on any federal license or permit for the heretofore described proposed activity of QPC:

1. The present design and operation of Unit 81 has resulted in large fish kills. The proposed Unit 2 intake is conceptually the same as Unit 1. Although the proposed Unit 2 intake velocity will be less than that of Unit 1, Unit 2 will draw an increased volume of water. The existing information concerning fish impingement with varying intake water velocities and volumes of water withdrawn is insufficient to predict accurately the long-tenn impact the pro-posed Unit 2 intake system tmuld have on aquatic organisms. For these reasons, it is felt that the best estimate for potential impact of Unit 2 must be based on the experience from Unit 1.

Therefore, the Unit 2 intake design as proposed jias i,ot been proven acceptable, and no construction of this structure as pro-posed shall be permitted until the evaluation of the economic and environmental. impacts of the present and alternative "ntake systems is made by the applicant in order to determine a preferred system for installation. This evaluation must be submitted to the Depart-ment of Environmental Conservation and receive the Department's approval prior to any construction of the intake system. h'henever the applicant believes it, has accumulated information which can clearly demonstrate that, the operation of Unit 2 will;.ot result in large fish kills, the applicant may petition the Department of Environmental Conservation to reconsider its decision regarding the proposed Unit' intake system.

2. Department acceptance and approval of an intake system shall be based upon studies and the .submission of reports which show con-clusively that, fish expected to be near the proposed intake structure, can, and will, avoid entrapment in the structure, or:

an evaluation of alternate intake structures which reduce to an acceptable level, or eliminate, entrapment. Alternates to be evaluated should include:

1. Design changes of offshore intake structure, reducing entrapment;

2. Relocation of offshore intake;

3. A shoreline intake with a horizontal traveling screen or other structure to prevent fish entrapment.

In the event that fish entrapment cannot be eliminated, studies and reports are required which evaluate alternate systems of handling fish to reduce or eliminate mortality. Alternate systems 'ntraoped to be evaluated should include:

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Mr. Richard C. Clancy October 12, 1973

1. Horizontal traveling screens to guide fish to a b)vassp

2. Modified Beloit-Passavant screens;

3. Louvers for guiding fish to a bypass;

4. Incline plane screen.

3. Progress reports of studies previously referred to and required, in ted.s certification shall be forwarded by %PC first class mail to the Commissioner, New York State Department of Environmental Conservation, 50 4'olf Road, Albany, New York 12201 every two months, commencing with the second month following the month of this certi-fication. The final rcport of such studies shall be forwarded in the same manner, three months prior to the date of completion of final design of the int'Re system.

4. A copy of any other reports for Nine Mile Point Unit No. 2 per-taining to the environment which QPC submits to any federal, state or local agency, shall also be submitted to the Department.

5. This certification with conditions shall not be deemed, to modify, extend, or affect in an) manner any order of the Comm-'ssioner of Environmental Conservation against Niagara Mohawk Power Corporation; does not constitute a condonation of any violation of any order or release, compromise, or waiver of any rights or any course of action

. which the Conunissioner of Environmental Conservation has or may have

.against kWC because of any violation of any order; and does not preclude compliance of the discharge from Nine i~iile Point Unit No. 2 with any permit with respect to such discharge >>hich may be hereafter issued by the Commissioner.

This certification with conditions is issued solely for the purpose of Section 401 of the Act.

A copy of tId.s certification with conditions is being forwarded to the Director of Regulations, U.S. Atomic Ener~ Commission, and the Regional Administrator of the Environmental Protection Agency; Sincerely, ecutiveW~puty Coaatu.ssioner

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