ML19291D749

Discusses State of Ny Certification Per Federal Water Quality Improvement Act.Reasonable for State to Withhold Action on Util Request for Certification Pending Analysis of Latest Data & Mathematical Models & New Water Quality Stds

ML19291D749
Person / Time
Site:	Indian Point
Issue date:	08/08/1973
From:	Lefkowitz L, Shemin P NEW YORK, STATE OF
To:	Jensch S Atomic Safety and Licensing Board Panel
References
NUDOCS 8111200068
Download: ML19291D749 (4)

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To: Samuel U. Jensch, Esq. August 8, 1973 Chairt.an Ec: Consulidated Edinon Compcny of 1:cw York, Inc., etc.

g.gy ENVIRON, FILE (NEPA)

A_pericd of less than seven months has c3apsed since the January 31, 1973 request for certification referred to by the applicant. It is c3 car that the ins tant requcct for certification presents a classic instance where a period of time greater than three months should be considered appropriate for consideration of the applicant's request. The facility for which a licence is being cought is a huge power plant located on an invaluable recource of the State, and has been the subject of continued controversy, in this pro ceding and clnewhere.

Testimony presented in this proceeding has raised ccrious questions as to whether the State'r. uater quality standards will be violated by the proposed discharge, particu3arly uith reference to thermal discharges. Evidence presented to this Board has convincingly demonstrated that the I!udnon River eccsystem in the area of Indian Point is an intricate and conp] en mechanicm hich is not yet completely understood by experto in the field, and about which additional relevant data is conntantly being developed. The tentimony cuhmitted by the Atomic Enerc'y Co=ission Regulatory Staf f and othern relatina to thermal dischnrges has cast narious doubt upon the applicant's predictions at tc the effect of its discharge upon the liuason River, and it vould have been highly irresponsible for the State of ::eu York to have acted with undue haste during the suggcated thrca month period spccified in the Environmental

, vrotection Agency regulations, when a statutory period of one year has been provided.

In addition, it should be noted that both the State of ::cw York and the Environ ental Protection Agency have proposed new thermal criteria applicable to the lludson River which c.sy well be violated by the precent Indian Point proposed dischargo. Thece propoced regulations are nov in the public hearing stage, and should be prc.nulqated well before the January 31, 1974 one year deadline. In vicu of this, it in entirely reaconable for the State of 1:cu York to withhold action on the applicant'c requent for certification pending analysis of the latest data and mathematical models and promulgation of the new water quality standardc.

4 8111200068 730808 CF ADOCK 05000247 CF

To: Samuel W. Jensch, Esq. August 8, 1973 Chairman Re: Consolidated Edison Company of New York, Inc., etc.

e In its proposed Initial Decision and Order, the applicant suggest (p. 7) that a certificate from the State submitted by it pursuant to S 21(b) of the Federal Water Quality Improvement Act of 1970 has satisfied the federal requirement that the State must provide the licensing agency with an assurance that its water quality standards will not be violated. This certificate was issued by the State of New York shortly after its Department of Environmental Conservation was established by State law, and before the Department had promulgated adequate regulations to fulfill a number of its statutory responsibilities. In response to a letter from the Chairman of the New York Water Resources Commission of the Conservation Department, the Assistant Secretary of the Interior informed New York in a September 3, 1970 letter that the Federal Water Quality Improvement Act

" clearly requires public notice in all cases before a State can certify as to compliance with water quality standards", and that "Section 21 (b) also provides that where a State has no authority to certify, certification shall be issued by the Secretary of the Interior."

Inasmuch as the 5 21(b) certificate issued to the applicant was not preceeded by the requisite public notice, this Board should consider that certificate invalid. Therefore, despite 5 4 (b) of the F.W.P.C.A.A., cited by the applicant, this Board must still be presented with a 5 401(a) ( )

certificate before it can issue a license to Con Edison for Indian Point Unit No. 2.

It should be noted at this point that at the time the applicant requested a license from this Board for up to 50t testing, several months ago, it did not consider the 5 21(b) certification to be relevant to this proceeding, inasmuch as it specifically requested a 5 401(a) (1) certificate from the State of New York for testing purposes, which certificate was issued to the applicant on April 24, 1973.

The State of New York is proceeding diligently in fulfillment of its statutory responsibility to determine whether the applicant's Indian Point Unit No. 2 will meet New York's water quality standards. While the applicant's request for a e

9 To: Samuel W. Jensch, Esq. August 8, 1973 Chairman Re: Consolidated Edison Company of !!cw York, Inc., etc.

a water quality ascurance certificate for the operation of Indian ,

Point Unit !:o. 2 at steady state fv1.1 power is under consideration, the applicant can apply for the necessary certificate for operation of its plant at steady state levels up to 50% and for testing purposes at 100%. Such application, which is of considerably less consequence than the final .

certification sought by Con Edison, will be acted upon expeditiously, with full consideration of the Hudson River ecosystem and the power needs of the public.

Very truly yours, LOUIS J. LEFKOWITZ Attorney General B

C / W PAUL S. SHEMIN PSS:dg Assistant Attorney General

9 2-Angus Macbeth, Esq. Mr. Frank W. Karas Natural Resources Defense Chief, Public Proceedings Staff Council, Inc. Office of the Secretary of the 15 West 44th Street Co=ti s sion New York, New York 10036 U.S. Atomic Energy Co=tission Washington, D.C. 20545 J. Bruce MacDonald, Esq.

New York State Atomic Energy Council 99 Washington Avenue Albany, New York 12210 LOUIS J. LEFKOWITZ Attorney General of the State of New York By

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NO l_ Ow P isU Il S . Sl!EMIN Assistant Attorney General e

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