ML19199A586
| ML19199A586 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/07/1977 |
| From: | Fess G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19199A587 | List: |
| References | |
| NUDOCS 7905040256 | |
| Download: ML19199A586 (13) | |
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12/07/7" UNITED STATES OF AMEPICA NUCLEAR REGULATORY CCaIMISSION BEFORE THE ATOMIC SAFETY AND LICENSING EOARD In the Matter of
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METROPCLITAN EDISON COMPANY,
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(Three Mile Island Nuclear Station,
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Unit 2)
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SUPPLEMENTARY PROFCSED FINDINGS CF FACT AND CONCLU-SIONS OF LAW IN THE FOPJ.I OF AN INITIAL DECISION The NRC Staff, in accordance with 10 CFR $ 2.754, proposes the following revisions to "NRC Staff's Proposed Findings of Fact and Cenclusions of Law in the Form of An Initial Decision," dated August 19, 1977, 1.
On Page 13, before paragraph 24 add paragraph 23a, as follows:
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Finally, the Staff has provided the Board with an evaluation of the thermal effluent limitatiens imposed on TMI-2 by the Common-wealth of Pennysivania in the November 9, 1977 401 Certification.
The Staff has concluded, and the Board agrecs, that operation cf the facility pursuant to those limitations assures that the effects of the thermal discharge will not pose an unacceptable adverse impact on the aquatic ecosystem if the river.
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Affidavit cf Clarence R. Hickey, Jr., dated December 6,1977 1
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O ow 2.
Replace paragrapn S2 found on pages 47-51 with the following:
C.
Compliance with the Federal Water Pollution Control Act Amendments of 1972 82.
On June 22, 1977, the Cc=monwealth cf Pennsylvania, through its Department of Environmental Resources, certified, pursuant to 5 401(a)(1) 135/
cf the Federal Water Pollution Control Act Amendments of 1972 (FWFCA)-
that any discharge from the construction and cperation of T.'.iI-2 will complf with the applicable provisions of $$ 301, 302, 306, and 307 of the FWPCA and will not violate the applicable water quality standards of the Com=cnwealth of Pennsylvania as approved by the United States Environmental Protection 136/
Agency. - On Ncvember 9,1977, the Commonwealth of Pennsylvania revised the 401 Certification previously issued on June 22, 1977. The 136a/
revised sections pertained to thermal effluent limitiens.
The Board finds that this certification satisfies the requirement of Section 401 of the FWPCA. Pursuant to 5 401(d) of the FWPCA, this Commirston is required to include in any NRC license or permit such conditions or effluent limita-tions set forth in the 5 401 Certification. The 5 401 Certification issued b'I the Ccomonwealth of Pennsylvania for this station ir-t.iuded the follcwing conditions and/or limitations:
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3 3 U.S.C. 5 1251, e.t. se n.
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136/ typntants' Exhibit 9.
136a/Affida'.'it of Clarence R. Hickey, Jr., dated December 6,1977. A copy of the revised 40i Certification dated November 9,1977 is an attachment to the A:fidavit.
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That the Applicants comply with Pennsylvania's Clean Streams a.
1.aw.
b.
That the Applicants comply with Industrial Waster Permits 2270204 and 2272202, and Sewerage Permit 2275419 issued by the Department of Environmental Rescurces.
The following effluent li nitations should be imposed:
c.
1.
Discharge 101 - Effluent of sewage treatment faci'ities.
Total phosphorous shall not exceed 2 mg/l en an average basis, ner 4 mg/l at any time.
2.
Discharge 001 - Combined Liechanical Draft Cooling Tower Blowdown.
The Applicants shall at all times mai-+,'_. in gcod a.
working order anti 05erate the Mechanical Draft Cooling Towers (MDCT's) as efficiently as possi-ble so as to minimize temperature differential between ambient river temperature and the temperature of the discharge; previded, however, the MDCT's may be shut down when in the judg-ment of the responsible TMINS personnel a ecmbination of atmospheric conditions and river temperature may exist which causes the waste j
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_4 water to be heated as it pases through the MDCT's or ice formation is observed to occur within the MDCT 's.
b.
The temperature of the discharge shall never exceed a maximum cf 870F, except when the ambient river temperature exceeds 37@F, in which case, the discharge temperature shall nct exceed the ambient river temperatcre; the temperature of the discharge shall not change by more than 5@F during anf one hour period.
Ambient river temperature is the temperature of the river upstream of the heated waste discharge.
The ambient temperature sampling point should be unaffected by any scurces of waste heat. The temperature of the intake water will be considered as ambient river temperature so long as the intake water is unaffected by TMI's or any other nearby heated water discharge.
c.
The following temperature limitat; ens shall never be exceeded:
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1.
During the period November 1 through April 30, the temperature of the discharge shall not exceed 12CF above ambient river tempera-tu r e.
2.
During the period May 1 through October 31, the temperature ci the discharge sha!! net exceed 7oF above ambient river temperature.
3.
During plant cocidown operations the tempera-ture of the diacharge shall not exceed 12cF above ambient river temperature.
d.
At no time shall the discharge exceed the rate of 150 million gallons per day.
The Chief of the Operations Section of the Harris-e.
burg Regional Office of the Bureay of Water Quality Management shall be advsied by telephone within hours when the MDCT's are shut down for reasons other than those specified in condition 2(a) above again when tower operatien is resumed: shall be notified within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> when the discharge limita-tions specitied in paragraph 2(c) above are exceeded and agsin when the discharge is in compliance with such limitations; and shall be notitied, at least thirty (30) dafs in advance, whenever possible of all scheduled plant cocidown operations.
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Within two years afer both nuclear reactor units are in commercial operat:en, the 51etropolitan-Edison Company will collect and submit to the Department of Environmental Resources stream data which accurately defines the thermal plume or zone of impact from the TMINS heated waste d scharge. As a minimum, thermal plume mapping data collected to meet the Nuclear Regulatory Commission's requirements shall be submitted to Pennsylvania Department of Environmental Resourc es,
g.
That the Applicants submit to the Pennsylvania Department of Environmental Resources within ninety (90) da'fs of issuance of Amendment No. I to the NPDES permit, an applicaticn for a new Pennsylvania Water Quality Management permit for the facilities associated with the thermal compo-nent of discharge 001.
3.
Replace condition 2 found at pages 116-119 with the following:
Pursuant to 5 401(d) of the FWPCA, this Commission is required to include in any NRC license cr permit such conditicns or effluent i
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O limitations set forth in the i 401 Certification. This 5 401 Certitication issued by the Commonwealth ci Pennsf vania icr this station includec i
the following conditions and/or limitations:
That the Applicants comply with Pennsylvania's Clean Streams a.
Law.
b.
That the Applicants compi'f with Industrial Waster Permits 2270204 and 2272202, and Sewerage Permit 2275419 issued by the Department of En.ironmental Resources.
c.
The following effluent limitations should be impcsed:
1.
Discht.rge 101 - Effluent of sewage treatment facilities.
Total phospherous shall not exceed 2 mg/l en an average basis, nor 4 mg/l at anf time.
2.
Discharge 001 - Combined Mechanical Draft Cooling Tower Blowdown.
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The Applicants shall at all times maintain in gced a.
working order and operate the Mechanical Draft Ccoling Towers C.!DCT's) as efficiently as possi-ble so as to minimice temperature differential between ambient river temperature and the temp;rature of the discharge; provided, however,
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-S-the MDCT's maf be shut down when in the jud;;-
ment of the respcnsible TMI.' S persennel a combination of atmospheric conditions and river temperature may exist which causes the waste water to be heated as it pases through the MDCT's or ice formation is observed to cccur within the MDCT 's.
b.
The temperature et the discharge shall never exceed a maximum of 37CF, except when the ambient river temperature exceeds 37CF, in which case, the discharge temperature shall not exceed the ambient -iver temperature; the tempc ture of the c'ischarge shall not change by me.e than 5'T daring my one hcur period.
Ambient river temperatur e is the temperature ci the river upstream of the heated waste discharge.
The ambient temperature samplir.g point shculd be unaffected bf any sources of waste heat. The temperature ci the intake water will be considered as ambient river temperature so long as the intake water is unaffected by TMI's or any otr.er nearby heated water discharge.
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-9 The following temperature limitations shall c.
never be e.:ceeded:
1.
During the per:cd November 1 through Apr:1 30, the temperature of the dischar;;e shall not e.sceed 12cF above ambient river tempera-ture.
2.
During the period May 1 through October 31, the temperature of the discharge shall not exceed 7CF above ambient river temperature.
3.
During plant ecoldown operations the tempera-ture of the discharge shall not exceed 12cF above ambient rieer temperature, d.
' t no time shall the discharge exceed the rate of 150 million gal'cns per day.
The Chief of the Operations Section of the Harris-e.
burg Regional Office of the Bureay of Water Quality Management shall be advsied by telephone within hours when the MDCT's are shut down for reasons othe.- than those specified in condition 2(a) above agsin when tower operation is resumed; shall be r.otified within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> when 'he discharge limita-tions specified in paragraph 2(c) above are exceeded g
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@ '.c again when the discharge is in compliance with such limitations; and shall be notified, at least thirty (30) days in advance, whenever possible of all scheduled plant cooldown operations.
f.
Within two years afer both nuclear reactor units are in commercial operation, the Metropolitan-Edison' Company will collect and submit to the Department of En eironmental Resources stream data which accurately defines the thermal plume or zone of impact from the TMINS heated waste discharge. As a minimum, thermal plume mapping data collected to meet the Nuclear Regulatory Commission's requirements shall be submitted to Pennsylvania Department of Envircnmental Resourc e s.
g.
That the Applicants submit to the Pennsylvania Department of Environmental Resources within ninety (90) days of issuance of.imendment No. I to the NPDES permit, an application for a new 6
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Pennsylvania Water Quality Management permit for the facilities associated with the thermal compo-nent of discharge 001.
Respectfully submitted
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v i.,T' Gregory Fess Counsel for NRC Staff Dated at Bethesda, Maryland this 7th day of December,1977 e
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(.0.!'.11S SION l'.1.FUl' F. TilF. ATU: i tC S A F lii 't A;.D !.lCF..; SING l'OAit!)
In the ?. Lit:cr of
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M1; Trol'OLLTAN EDISON CU.'.lPANY,
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(Three Mile Island Nuc! car Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of:
1.)
"NRC STAFF'S NOTICN FCR RECEIPT INTO EVIDENCE THE AFFIDAVIT OF CLARENCE R. HICKEY, JR. AND LEAVE TO FILE SUPPLEMENTING PRCPCSED FINDINGS; 2.)
SUPPLEMENTARY PROPOSED FINDINGS CF FACT AND CCNCLUSICNS CF LAW IN THE FCRM CF AN INITIAL DECISICN; ar.d 3.)
AFFIDAVIT OF CLARENCE R. HICKEY, JR.",
with the following attach-nents:
a.
NRC Staff's Assessment of revised 401 Certification; and b.
November 9, 1977 401 Certificatica in the above-captioned proceeding have been served on the following by deposit in the United States nail, first class or air nail, or as indi-cated by an asterisk, through deposit in the Nuclear Regulatory Connis-sion's internal nail syste::., this 7th day of Decer.ber, 1977:
Edward Luton, Esq., Chairman
- Karin W Carter, Assistant Atomic Salety and Licensing Board Attorney General U.S. Nuclear Regulatury Conuuisslun Office of Enforcement Washing ton, D.C. 20555 Dcpartment of Environmental Resources Mr Gustave A. Linenberger*
70') Health and Welfare Building Atomic San.ty anci Licencin<; Board
!!arrisburg, Pennsyl eania 17120 U.S. N uclear lle:.:uletary Cununi.s:,iun Washington. U.C. 2055:
Gc'>rge F Trowbricige. ibq.
Shaw, Pittman. Petts t Trowbra.i.;e 1800 M Street, N. W.
Washington, D. C. 20036
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Dr Ernt st O. Salo Atinnic S duty unil Licensing Board Profes.,or Rheries ileae.tre n P " "'I '
I n s ti t u s.. '.'.~ 11 to U. S. Nucicar Regulatory Commission College o! 1%1n r o.
Washir.g ton, D. C. 20555 Universit" of 'Washin ; tan Seattic, '. osnington 93195 A ternie S:i fety a nd Lici.nstn e A ppi.,g P;in cl '
Or C ha u n cir/ S. Nepldrd U b. b u C h '... r d e g u j.s t( e r y Cg, gin g 7,, je g Citu. ens f or.t 3.uc Environment Wa shingt.>u, D. C 20555 433 Orlan io Avenue State Coll. ;e. Pennsylvania 16301 Docketing anti 5,, v u t. s es. tio n Office or t!n; s, cret..ry
'.t s. J uilith 11. Jo hnsrud U.S..lo c h ar I1qu i.itiu y Con.nus s:on 433 Orlancio Avenue Washington, D. C.
20555 State College. Pennsylvaria 16801
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!,'/,^r Stuart A. Treby
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Assistant Chief Hearird Counsel e
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