ML19206A212
| ML19206A212 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/06/1977 |
| From: | Hickey C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19206A203 | List: |
| References | |
| NUDOCS 7904180391 | |
| Download: ML19206A212 (12) | |
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UNITED STATES OF Ah1 ERICA NUCLEAR REGULATORY COhihi!SSION BEFORE THE ATONIIC SAFETY AND LICENSING EGARD In the hiatter of
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hiETROPOLITAN EDISON COhiPANY,
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(Three Afile Island Nuclear Station,
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Unit 2)
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AFFIDAVIT OF CLARENCE R. HICKEY, JR.
Now comes Clarence R. Hickey, Jr., and being duly sworn, depcses and says as follows:
1.
I am employed by the U.S. Nuclear Regulatory Commission as a fisnery biologist. hiy professional cualifications appear in the transcript of this proceeding following Tr. 988.
2.
I have prepared the attached Assessment of Revised 401 Certification, r.nd I hereb,f certify that the answers given are true and correct to the best of my knowledge.
b G?hv.g f bu2Cy,A/
Clarence R. Hickey, Jr.
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Subscribed and swcrn to before. me this
(,A day of December,1977 O _ - # _ O 2. J e %,'
Notary Public 1
-(I N U hiy Commission expires:
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f NRC STAFF'S ASSESSMENT OF REVISED 401 CERTIFICATION Introduction On November 9,1977, the Commonwealth of Pennsylvania revised the 401 Certification previously issued on June 22, 1977 for the Three Mile Island Nuclear Station, Unit 2 (copy attached). The revised sections pertain to thermal effluent limitations, each of which is discussed below in relation to potential environmental impact and previous NRC Staff impact assess-It should be recognized that these thermal effluent limitations are ments.
maxima which are not to be exceeded. In addition, the revised 401 Certifi-cation provides that the licensee 'shall at all times maintain in good working order and operate the Mechanical Draft Cooling Towers (MDCT's) as effi-ciently as possible so as to minimize temperature differential between ambient river temperature and the :emperature of the discharge." The analyses of the potential impacts of thermal effluent discharged at the maximum allowable limits therefore represents a conservative er worst case assessment. Operation at less than the maxima should result in reduced potential for impact Assessment 1.
Section 3.c.2.b.
"The temperature of the discharge shall never exceed a maximum of 87oF, except when the ambient river temperature exceeds S7oF, in which case, the discharge temperature shall not exceed the ambient river temperature; the temperature of the discharge shall not change by more than SoF during any one hour period."
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. These thermal effluent limitations also appeared in the previous 401 Certi-fication, issued July 22, 1977. The potential impacts of an 87 F (30.6cC) maximum discharge temperature have previously been reviewed by the Staff and found acceptable. See FES S V.B.2, pp. V-10 to V-12, and "NRC Staff Response to Licensing Board's Questien Relating to Aquatic Impacts by Clarence R. Hickey, Jr.," following transcript page 988, at pp. 36-38.
The previous rate of temperature change assessed by the Staff was 2cF per hour (1972 FES, pages V-ll and V-12). The present limitation of SoF (2. soc) rate of change per hour should not impose an environmental risk upon the fish soecies cresent in the Susquehanna Fiver near Three hfile Island.
Since the maximum discharge tempersture allowable during normal opera-tion (30.6oC) is within the tolerance-limits of important river species, the 2.8oC per hour rate of change should not result in an unacceptable impact.
Only during periods cf maximum and minimum ambient temperature and reactor cooldown would the excess temperature and rate of change possess the potential for impact, and then cnly to those species in the immediate vicinity of the discharge. This potential impact was reviewed previously and found not to pose an unacceptable situation. (Hickey on Aquatic Impacts at 37-38.)
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The revised 401 Certification has deleted a requirement that the temperature of the discharge shall be no more then 53F above the ambient temperature of the receiving stream. Instead, the Commonwealth has expanded the appli-cability of what were previously exceptions to the 5o temperature rise limi-tatio n. The effects of these new limitations are discussed below.
2.
Section 3.c.2.c.1
'During the period of November 1 through April A, the temperature of the discharge shall not exceed 12oF above ambient river temperature."
During the period of November 1 through April 30, the range of ambient temperatures to be expected in the Susquehanna River (Hickey oa Aquatic Impacts, Table 16, p. 42) and the incremental increase in 12cF (6.7CC) would be as follows:
Minim um
'.tean Low Maximum Mean Hich Ambient 0.6, 1.5 14.0 8.9 Ambient & a T 6.7o 7.3
'8.2 20.7 15.6 These temperatures fall within the tolerance limits of the fish species in the Susquehanna River and should not result in unacceptable impact-This degree of excess temperature could result in attraction cf some species to the discharge area during the cool winter months, but should not impose andue stress upon them. During a planned reactor shutdown, B
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the potential for cold shock will be minimi:cd due to the rate of change limi-tation. Since the discharge is common to both Units 1 and 2, thermal effluent from one unit would continue to flow during shutdown of the other unit. Any stress to fishes as a result of shutdown would be confined to the immediate discharge area.
3.
Section 3.c.2.c.2 "During the period May 1 through October 31, the temperature of the dis-charge shall not exceed 7CF above ambient river temperature."
The potential effects of a discharge temperature of 7oF (3.9oC) above ambient were discussed in the December 1976 Final Supplement to the FES (Section 5.5.2.3, p. 5-23) and in Staff testimony (Hickey on Aquatic Impacts, p. 37) and found to be acceptable. This lower permissible discharge temperature coincides with periods of maximum fish spawning (May-June), young-of-the year appearance (summer-fall), and low annual river flows. The low discharge temperatures of 3.9oC during this period should adequately pro-tect the resident fishes from unacceptable environmental impact.
4.
Section 3.c.2.c.3 "During plant cooldown operations, the temperature of the discharge
'shall not exceed 12oF above ambient river temperature.'
A temperature rise of 12oF (6.7oC) during cooldown was acsessed by the Staff (Hickey on Aquatic Impacts, p. 37-38) and found to be acceptable.
Other potential consequences of cooldown are discussed above in para-graph 1.
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.' Conclusion The Staff has reviewed the potential environmental impacts of the thermal effluent limitations contained in revised 401 Certification, issued November 9,1977, and finds that the changes made in previous thermal effluent
'.mitations do not effect the Staff's original conclusioris that the effects of the thermal discharge from the TMI-2 facility will not pose an unaccept-able adverse impact on the aquatic ecosystem of the Susquehanna River.
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}y/hALTH or PEN toj M
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DEPARTMENT OF ENvtHONMENTAL RESOURCES Room 1002 Health & Welfare Building Harrisburg, Pennsylvania 17120 (717) 787-9665 November 9, 1977
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Mr. Bruce P. Smith EPA Application PA000920 Permits Branch Metropolitan Edison Co pany U.S. Environmental Protection Agency Three Mile Island Nuclear Station Sixth and Walnut Streets Londonderry Township Philadelphia, Pennsylvania 19106 Dauphin County
Dear Mr. S=ith:
The Cc==onwealth of Pennsylvania hereby certifies to the following and thus invalidates all past certifications:
1.
The A=end=ents Nos. 1 and 2 issued 12/29/76 and 5/20/77 respectively for the National Pollutant Discharge Elimination Systen Per=it for subject discharger were forwarded to the Co==cavealth of Pennsylvania pursuant to the provisions of Section 401 of the Federal Water Pollution Control Act A=end=ents of 1972.
2.
The effluent limitations and other limitations, and =onitoring require =ents as proposed in the tentative permit amend =ents sub=itted for our review:
a.
Assure that the applicant will comply vlth applicabic effluent limitations under Section 301 or 302, standards of performance under Section 306, or prohibition, effluent standards, or pre-treatment standards under Section 307 of the FWPCA Acendments of 1972 where they are presently applicable; b.
Shall become a condition of a Federal N7 DES permit pursuant to Section 402 of the FWPCA A=endments.
3.
This certificat!on is subject to the following conditions:
a.
That the Per=ittee co= plies with Pennsylvania's Clean Strea=s Law.
b.
That the Permittee co= plies with Industrial Waste Per=1ts 2270204 and 2272202, and Sewerage Per=it 2275419 issued by the Department of Environ = ental Resources.
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g NPDES PA00C99. '.
Nove=ber 9, 1977 Metropolitan Eu. son Co=pany The following effluent limitations should be i= posed:
c.
1.
Discharge 101 - Effluent of sewage treatment facilities Total phosphorus shall not exceed 2 =g/l on an average basis, nor 4 =g/l at any t1=e.
2.
Discharge 001 - Co=bined Mechanical Draft Cooling Tower Blowdown.
The per=1ttee shall at all times =aintain in good a.
working order and operate the Mechanical Draft Cooling Towers (MDCT's) as ef ficiently as possible so as to mini = ice te=perature differential between a=bient river te=perature and the ta=perature of the discharge; provided, however, the SOCT's =ay be shut dcun when in the judg=ent of the responsible TMINS personnel a cc=bination of atmospheric conditions and river te=perature =ay exist which causes the waste water to be heated as it passes through the MDCT's or ice formation is observed to occur within the MDCT's.
b.
The te=perature of the discharge shall never exceed a maxi =u= of 870 F, except when the a=bient river te=perature exceeds 87 F, in which case, the discharge te=perature shall not exceed the a=bient river te=perature; the te=perature of the discharge shall not change by = ore than 50 F during any one hour period.
Ambient river ta=perature is the te=perature of the river upstrea= of the heated waste discharge.
The a=bient te=peratureusa=pling point should be unaffected by any sources of vaste heat.
The te=perature of the intake water will be considered as ambient river te=perature so long as the intake water is unaffected by TMI's or any other nearby heated water discharge.
c.
The following te=perature limitations shall never be exceeded:
1.
During the peried Nove=ber 1 through April 30. the te=perature of the discharge shall not exceed 12 F above a=bient river te=perature.
2.
During the period May 1 through October 31, the te=perature of the discharge shall not exceed 7 F above a=bient river te=perature.
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NPDES PA00099. Nove=ber 9, 1977 Metropolitan Ec.. son Co=pany J
3.
During plant cooldown operaticas the te=perature of the discharge shall not exceed 120 F above a=bient river temperature.
d.
At no time shall the discharge exceed the rate of 150 million i
gallons per day.
The Chief of the Operations Section o'f the Harrisburg Regional e.
Office o.f the Eureau of Water Quality Management shall be advised t y telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> when the MDCT's are shut down for reasons other than those specified in conditior 2(a) above and again when tower cperation 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 li=1tatious specified in paragraph 2(c) above are exceeded and again when the discharge is in cc=pliance with such limitations; and shall be notified, at least thirty (30) days in advance, whenever,possible of all scheduled plant cooldown cperaticns.
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f.
Within two years after both nuclear reactor units are in co==creial operation, the Metropolitan-Edison Cc=pany will collect and sub=it to the Depart =ent of Environ = ental Resources strea= data which accuratuly defines the thermal plu=e or zone of i= pact from the TMINS heated waste discharge. As a mini =u=,
ther=al plu=e =apping data collected to = eat the Nuclear Regulatory Cc==ission's requirements shall be sub=itted to the Pennsylvania Department of Enviren= ental Rescurces.
g.
That the Permittee sub=it to the Pennsylvania Department of Environ = ental Resources within ninety (90) days of issuance of A=end=ent No. I to the NPDES permit, an application for a new Pennsylvania Water Qua'.ity bbnage=ent permit for the facilities associated with the thermal ec=ponent of discharge 001.
4.
We cert 11; that the final effluent limitations contained herein and in the attached NPDES permit, to the extent that they are not incon-sistent with the limitations herein, are those effluent 11:1:ations which are required to achieve the federally approved water qualit.y criteria for the receiving strea=.
We also certify that the cc=pliance schedule 'therein -is reasonable. - We do not certify-that-the applicant for an NPDES persi is now in ec=pliance with our effluent limitations or permit requirements established pursuant to the Clean Strec=s Law, Act of June 22, 1937, P.L. 1987, as acended, 35 P.S. 691.1 or that such source is discharging in co=pliance with the ter=s or cceditions of a state permit.
Nor do we certify that by attaining the interim standards contained in the NPDES per=it that such source will be in ec=pliance with the aforc=entioned Clean Strea=s Law and the Rules k'
8f t)u".*C.
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. NPDES PA0009920 Nove=ber 9, 1977 Metropolitan Edison Co=pany and Regulations thereunder.
By certifying the final effluent standards and the schedule for compliance to be contained in the NPDES permit, we do not valve our right to prosecute either civilly or criminally all past, present and future violations of our Clean Streans Law and the Rules and Regulations thereunder.
Nor do we waive our right to modify final effluent require =ents as is necessary to co= ply with Pennsylvania Law.
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5.
This certification by the Depart =ent cay be appealed to the Environ-mental Hearing Board, First Floor Annex, Elackstone Building, 112
. Market Street, Harrisburg, PA (717) 787-3483, by any aggrieved person pursuant to the Act of Dece ber 3, 1970, P.L. 834, 71 Pa. Stat.
Anno. E510-1 et seq. and the Ad=inistrative Agency Law, the Act of June 13, 1945, P.L. 1388, as amended 71 Pa. Stat. Anne. 81710.1 et seq.
Appeals cust be filed with the Environmental Hearing Board within thirty (30) days of service of this certification unless the appropriate statute provides a different time period.
Copies of the appeal for and the Departcent's regulations governing practice and procedure before the Board may be obtained from the Board.
Very truly yours,
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Frederick A. Marrocco, Chief Planning Section Harrisburg Regional Office FAM:kew cc:
Metropolitan Edison Company bO 133
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UNITED STATES (>F A.!!.RICA NUCLEAR REGULAToit COMMISSION l'AF()!!E Tile ATOMIC SAFETY AND i lCENSING 150Al(D i
In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island Nuclear Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of:
1.)
"NRC STAFF'S MOTION FOR RECEIPT INTO EVIDENCE THE AFFIDAVIT OF CLARENCE R. HICKEY, JR. AND LEAVE TO FILE SUPPLEMENTING PROPCSFD FINDINGS; 2.)
SUPPLEMENTARY PROPOSED FINDINGS OF FACT AND CONCLUSICNS OF LAW IN THE FORM OF AN INITIAL DECISION; and 3.)
AFFIDAVIT OF CLARENCE R. HICKEY, JR.", with the following attach-ments:
a.
NRC Staff's Assessment of revised 401 Certification; and b.
November 9, 1977 401 Certification in the above-c.1ptioned proceeding have been served en the following by deposit in the United States mail, first class or air mail, or as indi-cated by an asterisk, through deposit in the Nuclear Regulatory Commis-sion's internal mail system, this 7th day of December, 1977:
Edward Luton. Esq., Chairman
- Karin W. Carter, Assistant Atomic Salety and Licensing Board Attorney General U.S. Nuclear Regulatory Commission Office of Enforcement 1
Washing ton, D.C.
20555 Department of Environment:
Resources Mr Gustave A. Linenberger*
709 Health and Welfare Building Atomic Sa;cty and Licensing Board llarrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commisaiun Washing ton, D.C. 20555 George F. Trowbricige Esq.
Shaw, Pittman, Potts a Trowbrid;;e 1800 M Street, N, W.
Washing ton, D. C. 20036 uG 140
.. r Dr. Ernest O. Salo Atomic Safety and Licensing iloard Profes:,or. Fisheries 11csearch P 'nel '~
Instilnic, Wi t -- l o U. S. Nuclear Regulatory Commission College of Fiaberies, Washing ton, D. C. 20555 University vi Washington Seattle, Washington 98195 Atomic Safety and Licensing Appeal Panel' Dr. Chauncey R. Kepforcl U.S. Nucli ar R :gul.itory Cummiuaion Citizens for a Saf. linvironment Washington. D. C. 20555 433 Orlanclu Avenue State Coll' ge, Pennsylvania 16301 Docketing and 5 22 vice Section Office of tin: Secret.iry Ms. Judith 11. Johnsrud U.S. Nuclear Ilcgolatory Commission 433 Orlando Avenue Washington, D. C. 20535 State College, Pennsylvania 16301
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Stuart A. Treby
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Assistant Chief Hearing Counsel e
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